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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Lotteries Amendment (Keno
icensing) Bill 2016
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Public Lotteries Act 1996 (the Act):
(a) to establish new arrangements for the licensing of keno under which the existing exclusive
keno licence will be cancelled and new exclusive keno licences with a term expiring in 2050
will be granted to the existing licensees, and
(b) to provide transitional arrangements to facilitate the transfer of keno operations from the
existing keno licence to the new licences, and
(c) to insert a definition of keno.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent.
Schedule 1 Amendment of Public Lotteries Act 1996 No 86
Schedule 1 [1] and [2] insert a definition of keno into the Act.
Schedule 1 [3] inserts provisions for the new arrangements for the licensing of keno, as follows:
(a) Proposed section 21L provides definitions of existing keno licence and new keno licence.
(b) Proposed section 21M authorises the Minister to accept the offer made in the deed poll
tabled with this Bill to enter into the Implementation Deed that is annexed to the tabled deed
b2016-023.d10
Public Lotteries Amendment (Keno Licensing) Bill 2016 [NSW]
Explanatory note
and that provides for the new keno licensing arrangements. The proposed section also
makes it clear that the Minister and the Treasurer are and always were authorised to conduct
negotiations and exercise functions for and in connection with the Implementation Deed.
(c) Proposed section 21N requires the Minister to grant new keno licences as provided by the
Implementation Deed. The grant of the new licences is mandated by the proposed section
and does not require the approval of the Treasurer. Existing provision for the Minister to
require the payment of consideration in connection with the grant of a licence will apply to
the new licences.
(d) Proposed section 21O provides for the revocation of the existing keno licence with effect
immediately before the commencement of operations under the new keno licences. The
proposed section also continues the operation of existing keno agency agreements.
(e) Proposed section 21P provides for transitional arrangements, including the continuance of
the existing rules for the conduct of games of keno, and the transfer of the existing keno
prize fund.
Page 2
First print
New South Wales
Public Lotteries Amendment (Keno
icensing) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Public Lotteries Act 1996 No 86 3
b2016-023.d10
New South Wales
Public Lotteries Amendment (Keno
icensing) Bill 2016
No , 2016
A Bill for
An Act to amend the Public Lotteries Act 1996 to make further provision for the licensing of
games of keno.
Public Lotteries Amendment (Keno Licensing) Bill 2016 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Public Lotteries Amendment (Keno Licensing) Act 2016. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Public Lotteries Amendment (Keno Licensing) Bill 2016 [NSW]
Schedule 1 Amendment of Public Lotteries Act 1996 No 86
Schedule 1 Amendment of Public Lotteries Act 1996 No 86 1
[1] Section 4 Definitions 2
Insert in alphabetical order in section 4 (1): 3
keno has the meaning set out in section 5B. 4
[2] Section 5B 5
Insert after section 5A: 6
5B Meaning of "keno" 7
(1) For the purposes of this Act, keno means a game of chance that has the 8
following essential features: 9
(a) the selection of 20 winning numbers from the set of numbers 1 to 80, 10
(b) each individual draw is conducted and completed within a 24 hour 11
period, 12
(c) subscriptions are sold only to persons who at the time of sale are on the 13
licensed premises of a club, hotel or casino (regardless of the manner or 14
means of sale). 15
(2) The sale of a multi-game entry does not commence the individual draws to 16
which the multi-game entry relates (so the requirement that each individual 17
draw is conducted and completed within a 24 hour period does not require the 18
draws to which a multi-game entry relates to be conducted and completed 19
within 24 hours after the sale of the multi-game entry). 20
(3) In this section: 21
licensed premises of a club, hotel or casino means: 22
(a) licensed premises to which a club licence under the Liquor Act 2007 23
relates, or 24
(b) licensed premises to which a hotel licence under the Liquor Act 2007 25
relates, or 26
(c) premises that form part of a casino within the meaning of the Casino 27
Control Act 1992. 28
multi-game entry means an entry in a number of consecutive games of keno, 29
starting with the game that is open when the entry is sold. 30
[3] Part 3, Division 4 31
Insert after Division 3: 32
Division 4 Special provision for keno licensing 33
21L Definitions 34
In this Division: 35
existing keno licence means the licence in force under this Act in respect of 36
games of keno immediately before the commencement of this Division. 37
new keno licence means a licence granted by the Minister as provided by 38
section 21N. 39
Page 3
Public Lotteries Amendment (Keno Licensing) Bill 2016 [NSW]
Schedule 1 Amendment of Public Lotteries Act 1996 No 86
21M Authority for Minister to enter into keno licensing arrangements 1
(1) The Minister is authorised, on behalf of the Crown in right of the State: 2
(a) to accept the offer made in the tabled copy of the deed poll to enter into 3
the deed set out in the annexure to that deed poll, which is titled and 4
referred to in this Division as the Implementation Deed, and 5
(b) to enter into the Implementation Deed. 6
(2) The tabled copy of the deed poll is the copy of the deed poll executed on 7
22 December 2015 as tabled, by or on behalf of the Minister introducing the 8
Bill for the Public Lotteries Amendment (Keno Licensing) Act 2016, in the 9
Legislative Assembly on the day that the Bill was introduced. 10
(3) For the avoidance of doubt, it is declared that the Minister and the Treasurer 11
are (and are taken always to have been) authorised on behalf of the Crown in 12
right of the State: 13
(a) to conduct negotiations with the other parties to the Implementation 14
Deed in connection with that deed and the grant of the new keno 15
licences (including in relation to the consideration payable to the Crown 16
for any such grant), and 17
(b) to exercise any function under this Act for or in connection with the 18
entry into and performance of obligations arising under the 19
Implementation Deed. 20
(4) The tabling of the tabled copy of the deed poll as provided by this section does 21
not abrogate, limit or otherwise affect any right or liability of any person 22
arising under or in relation to the deed poll or the Implementation Deed after 23
it comes into force. 24
21N Grant of new keno licences 25
(1) The Minister is to grant an operator licence and product licence (each a new 26
keno licence) as required to satisfy the conditions precedent of the 27
Implementation Deed. 28
(2) A new keno licence is deemed to have been granted under section 10 but the 29
grant of a new keno licence does not require the approval of the Treasurer and 30
sections 11 and 12 do not apply to the grant of the licence. 31
(3) Section 16 (Consideration payment for licence) applies to the grant of a new 32
keno licence. 33
(4) A new keno licence is to be granted as required by this section even though the 34
existing keno licence is in force when the new keno licence is granted. 35
21O Revocation of existing keno licence 36
(1) The existing keno licence is revoked immediately before the commencement 37
time under the new keno licences. The commencement time under the new 38
keno licences is the time from which the licensee under the new keno licences 39
is authorised to conduct games of keno under those licences. 40
(2) Any agreement (an existing keno agency agreement) that provides for a 41
person to act as the agent of the licensee under the existing keno licence in 42
connection with the conduct of a public lottery and that is in force immediately 43
before the revocation of the existing keno licence continues in force after the 44
existing keno licence is revoked and is not affected by the revocation of that 45
licence (but without affecting any later variation or termination of the 46
agreement). 47
Page 4
Public Lotteries Amendment (Keno Licensing) Bill 2016 [NSW]
Schedule 1 Amendment of Public Lotteries Act 1996 No 86
(3) A reference in an existing keno agency agreement to the existing keno licence 1
is, after the revocation of the existing keno licence, to be read as a reference to 2
the new keno licences. 3
(4) Compensation is not payable by or on behalf of the State because of the 4
revocation of the existing keno licence under this section, or for any 5
consequence of the revocation of that licence under this section. 6
21P Savings and transitional arrangements 7
(1) The rules for the conduct of games of keno that are in force under the existing 8
keno licence immediately before the revocation of that licence continue in 9
force as the rules made and approved under this Act for the conduct of games 10
of keno under a new keno licence (but without affecting any later amendment 11
of those rules). 12
(2) The prize fund kept for the purposes of Division 1 of Part 5 by the licensee 13
under the existing keno licence becomes and is taken to be the prize fund kept 14
for that purpose by the licensee under a new keno licence. 15
(3) Any approval in force under this Act in respect of the existing keno licence 16
immediately before the revocation of that licence is taken to have been given 17
in respect of a new keno licence for which the approval has any relevant 18
operation. 19
(4) A game of keno being conducted under the existing keno licence immediately 20
before the revocation of that licence is to be continued and completed under a 21
new keno licence. 22
Page 5
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