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This is a Bill, not an Act. For current law, see the Acts databases.





(As presented)

(Mr Andrew Wall)

Lotteries Amendment Bill 2015






(As presented)

(Mr Andrew Wall)

Lotteries Amendment Bill 2015

A Bill for

An Act to amend the Lotteries Act 1964

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Lotteries Amendment Act 2015


2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Lotteries Act 1964


4 New part 1 heading

before section 1, insert

Part 1 Preliminary

5 New part 2 heading

before section 3, insert

Part 2 Lotteries

6 Application

Section 4

relocate to part 1 as section 2B

7 New part 3 heading

before section 8, insert

Part 3 Prohibitions

8 New part 4

before section 12A, insert

Part 4 Lottery agreements

12AA Definitions—pt 4

In this part:

lottery agreement means an agreement between a lottery operator and another person providing for the other person to do 1 or more of the following:

(a) sell lottery tickets;

(b) pay prizes;

(c) promote lotteries conducted by the lottery operator;

(d) any other activity related to lotteries conducted by the lottery operator.

lottery operator means a person who conducts an approved lottery.

12AB Lottery agreements

(1) A lottery operator may enter into a lottery agreement with a person only if—

(a) the person owns and controls a small business; and

(b) the agreement affects the operation of the small business; and

(c) the small business—

(i) is a retail business; and

(ii) operates or intends to operate from retail or commercial premises.

(2) The lottery agreement must state—

(a) the names of each party to the agreement; and

(b) the address of the small business to which the agreement applies; and

(c) the nature of the relationship between the parties, including the responsibilities of each of the parties; and

(d) either—

(i) the period for which the agreement remains in force; or

(ii) that the agreement remains in force until terminated; and

(e) if the agreement provides for its termination by a party to the agreement—how and when it can be terminated; and

(f) any other matter agreed between the person and the lottery operator as a condition of the agreement.

(3) In this section:

full-line supermarket means a large supermarket selling a full range of goods, including packaged groceries, fresh meat, bakery and delicatessen departments, fresh fruit and vegetables and frozen foods.

incorporated limited partnership—see the Partnership Act 1963

, section 51.

partnership—see the Partnership Act 1963

, section 6.

person includes a partnership other than an incorporated limited partnership.

retail business means a business involving—

(a) the sale or hire of goods by retail; or

(b) the supply of services by retail.

small business—

(a) means a business that—

(i) is wholly owned and controlled by an individual, partnership or corporation or trust; and

(ii) is managed by—

(A) for a business owned and controlled by an individual—the individual; or

(B) for a business owned and controlled by a partnership—the partners; or

(C) for a business owned and controlled by a corporation—the directors; or

(D) for a business owned and controlled by a trust—the trustee; and

(iii) either—

(A) employs 15 or fewer people; or

(B) if more than 15 people are employed—the total number of hours worked by all the employees in a week is 570 or fewer; but

(b) does not include—

(i) a full-line supermarket; or

(ii) a service station.

9 Instant lotteries

Section 12A

relocate to part 2 as section 7B

10 New part 5 heading

before section 13, insert

Part 5 Conduct of lotteries

11 New part 6 heading

before section 18A, insert

Part 6 Miscellaneous

12 Dictionary, note 2


• corporation

• individual

13 Dictionary, new definitions


lottery agreement, for part 4 (Lottery agreements)—see section 12AA.

lottery operator, for part 4 (Lottery agreements)—see section 12AA.


1 Presentation speech

Presentation speech made in the Legislative Assembly on 16 September 2015.

2 Notification

Notified under the Legislation Act

on 2015.

3 Republications of amended laws

For the latest republication of amended laws, see


© Australian Capital Territory 2015


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