Cap. 438 Art. 31National Lottery licence conditions and variations and revocations thereof.

(1) In granting a National Lottery licence the Authority, and for the first time after the entry into force of this Part the

Minister, may subject it to such conditions as it may deem appropriate, and after the grant of such licence the Authority may from time to time vary or revoke any condition so imposed, or impose new conditions: Provided that the Authority may not vary any condition or impose any new condition in the National Lottery licence without the consent of the licensee if the licence provides that any such condition may only be varied, or that any such new condition may only be imposed, with the consent of the licensee: Provided further that, without prejudice to the immediately preceding proviso, whenever the Authority deems it appropriate to vary any condition or impose any new condition in the National Lottery licence, the Authority shall, unless such variation or imposition of a new condition has been requested by the licensee himself, inform the licensee, by notice in writing, of its intention to vary the said condition or impose the said new condition, and call upon the said licensee to show cause, within such period as it may establish in the notice and which shall not be less than twenty-one days after the issue of the said notice, why such condition should not be varied or imposed, and it shall be the duty of the Authority to consider any response made by the licensee before varying the condition or imposing the new condition.

(2) Conditions in a National Lottery licence may impose such requirements as may be deemed to be necessary to be complied with by the licensee after the licence has ceased to have effect.

(3) A National Lottery licence may impose conditions requiring the licensee -

(a) to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and

(b) to refer matters specified, or of a description specified, in the licence to the Authority for approval.

(4) A National Lottery licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be determined by or under the licence, such sums out of the proceeds of sale of any games forming part of the National Lottery licence and, or any other sums, fees, duties and, or taxes as may be so determined, which sums, fees, duties and, or taxes shall be in addition to those which the National Lottery licensee may be required to pay under any law other than this Act. of the Authority and on its own behalf and on behalf of the Government, in such amount as may be specified in the licence or as may be prescribed by regulations, for securing -

(a) the payment and distribution of prizes by the licensee to winners of games forming part of the National Lottery licence;

(b) the payment of fees, taxes, duties or any other sums payable by the licensee to the Authority in terms of the licence; and

(c) the payment by the licensee of any fines or administrative penalties imposed on it under Part XII or under regulations made under this Act.

(6) Such bank guarantee as mentioned in subarticle (5) shall become payable to the Authority on its first demand and it shall not be incumbent upon the relative bank, credit or financial institution which issued the bank guarantee to verify whether such demand is justified. The bank guarantee shall remain valid until the expiry of one year after the expiry of the licence, and shall be subject to such other terms and conditions as may be specified in the licence or as may be prescribed by regulations.

(7) A National Lottery licence shall also include a condition requiring the licensee to submit to the Authority and, or publish, in such manner and at such times as may be specified in the licence, the audited accounts of the licensee and such other accounts, reports, returns and statements as may be specified in the licence.

(8) A National Lottery licence shall be deemed to include a condition that the licensee shall at all times during the period of operation of the licence have as its main object the operation of the National Lottery pursuant to a National Lottery licence under this Act and the doing of all such other things as are incidental or conducive to the attainment of such object and the carrying out of other activities as may be authorised in the licence by the Authority and, for the first time after the entry into force of this Part, by the Minister.