Offences
19 Offences
A person who enters or participates in a lottery conducted under this Act by operating the Commission's computer system—
without paying the appropriate fee for that entry or participation at the required time; or
knowing that the entry or participation contravenes or fails to comply with the rules relating to the lottery; or
in any other manner not authorised by the Commission, is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 4 years.
A person must not, without the written authority of the Commission, for fee or reward, promote or take part in the formation of a syndicate to purchase a ticket in a lottery conducted by the Commission. Maximum penalty: $5 000.
A person must not, without the written authority of the Commission, advertise that the person will accept money for a share in a ticket to be purchased by him or her or any other person in a lottery conducted or to be conducted by the Commission and a person must not print or publish any such advertisement. Maximum penalty: $5 000.
A person who carries out or has carried out duties or functions in relation to the promotion or conduct of a lottery under this Act—
must answer questions relating to the lottery or to the promotion or conduct of the lottery asked by the Auditor-General, the Commissioner or a person acting under the authority of the Auditor-General or Commissioner;
and
must produce to the Auditor-General, Commissioner or person acting under authority all books, documents, vouchers and things which are in the person's custody or power relating to the lottery or to the promotion or conduct of the lottery.
A person is not excused from answering a question, or from producing books, documents, vouchers or things under this section on the ground that the answer to the question or the contents of the books, documents, vouchers or things would tend to incriminate him or her but, where the person claims, before answering the question, that the answer might tend to incriminate him or her, the answer is not admissible against the person in criminal proceedings (except in proceedings for an offence against subsection (9c) or other proceedings in respect of the falsity of the answer).
The Auditor-General, Commissioner or person acting under authority may—
examine books, documents, vouchers or things produced under subsection (9); and
make copies of, or take extracts from, any such books, documents, vouchers or things; and
retain the books, documents, vouchers or things for such reasonable period as may be necessary for the purposes referred to above.
A person who fails or refuses to answer truthfully questions, or to produce books, documents, vouchers or things, in accordance with subsections (9) and
is guilty of an offence. Maximum penalty: $5 000.
An agent of the Commission must not sell any tickets in a lottery except in premises at which he or she is authorised by the Commission to sell tickets. Maximum penalty: $5 000.
A person must not, without the written authority of the Commission, distribute, display or publish, or cause to be distributed, displayed or published, by any means, any notice or advertisement in which the word "Lotto" with the addition of the word "Cross" or the letter, symbol or character "X" or any other words, letters, symbols or characters is used in connection with a lottery or game (other than a lottery of the Commission) or for any advertising, promotional or commercial purposes. Maximum penalty: $5 000.
A person must not, without the written authority of the Commission, give away, or offer to give away, a ticket in a lottery of the Commission for any advertising, promotional or commercial purposes. Maximum penalty: $5 000.
Despite a provision of any other Act, proceedings for any offence against this Act may be brought within the period of three years after the commission of the alleged offence or, with the consent of the Minister, at any later time.
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