Compliance

The North and South Trust Limited will comply with all aspects of the Gambling Act 2003 as it applies to the Trusts Gaming operation.

 

Statement of Authorised Purpose

• Any charitable purpose;
• Any non-commercial purpose that is beneficial to the whole or a section of the community.

 

The above authorised purposes include (but are not limited to):

• Promotion of any amateur sport where that sport is conducted for the recreation of the general public. Includes, but is not limited to, the provision of ground fees, equipment and uniforms for amateur sporting clubs and teams. No donations and/or payments to professional sportspersons.
• Donations for cultural educational purposes that are of a non-commercial nature.
• Donations for educational advancement through grants to schools or other educational institutes for equipment or the development of better student amenities not covered by Government funding, including playground equipment etc.
• Donations to recognised charitable organisations to further the objects of those groups.
• Promoting, controlling, and conducting race meetings under the Racing Act 2003, including the payment of stakes, and the provision and maintenance of public amenities used for race meetings.

 

Examples of Non-Authorised Purposes: (Included but not limited to)

• Start-up organisations i.e. organisations that have been operating for less than 12 months (unless there are exceptional circumstances beneficial to a wide range of the public).
• Organisations involved in problem gambling and harm minimisation activities (Payment to these organisations is made through the problem gambling levy).
• Pressure and lobby groups or where funds are to be used for party political purposes and/or electioneering.
• Where The North & South Trust Limited considers that the applicant is not financially sound.
• Where the organisation is under review by the Department of Internal Affairs or The North & South Trust Limited.
• Where the applicant organisation has failed to produce receipts for previous grants.

 

Applications for Wages and Capital works projects are considered on a case by case basis, and are not considered as a high priority for The North & South Trust Limited. 

The Net Proceeds Committee will give priority to applications concentrated on other purposes such as equipment, playing uniforms or other non-operational costs.

 

Decisions by Net Proceeds Committee

All final funding decisions are made by a quorum of at least 3 members of The North & South Trust Limited Board of Directors.

Grant applications found to be non-compliant will not be approved. In this context, “non-compliant” means grant applicants that do not contain all the relevant information, are retrospective, where previous accountability information has not been received, where there is a conflict of interest, where it does not comply with the authorised purpose of The North & South Trust Limited, or where there is information that the applicant has received funding from other source(s) for the full amount needed for the purpose applied for here.

An application for funding is considered “retrospective” if goods and services are purchased prior to consideration by the Board of Directors. If an event takes place or goods/services are purchased prior to the Directors decision, then the application will be considered non-compliant and declined.
 

Grant Influence – Section 113

Key Persons of a The North & South Trust Limited class 4 venue cannot have any input or influence in the grant process. Venue key persons are:

• The venue manager (defined as the person responsible for supervising the gambling and venue personnel at a The North & South Trust Limited class 4 venue and for banking the proceeds of class 4 gambling);
• The venue personnel (defined as the persons who work at a The North & South Trust Limited class 4 venue and whose work involves dealing with gambling equipment, gamblers, or the proceeds of gambling);
• The venue operator (defined as the occupier of a The North & South Trust Limited class 4 venue who owns the primary business at the venue);
• The venue operator’s directors, shareholders, chief executive and senior manager;
• Any person who has a significant interest in the management, ownership, or operation of a venue operator;
• A person contracted to service The North & South Trust Limited gambling equipment.

 

Persons who have significant interest in the management, ownership, or operation of a venue operator include:

• People with a financial or ownership interest in the business operating at the venue, or the venue premises;
• People with the power to make decisions that would normally be made by the directors, chief executive or senior management of the venue operator;
• People undertaking or being responsible for duties that are normally the responsibility of the venue manager (e.g. being responsible for the timely banking of gaming proceeds).

 

Venue key persons must not provide grant application forms to potential grant recipients.Venue key persons cannot provide goods or services to third parties and be paid from grant money which is derived from The North & South Trust Limited. For example, a venue could not provide catering services to a hockey club if the hockey club plans to use grant proceeds to pay for the food.

 

Venue key persons cannot be involved in decisions about who will provide goods or services to a third party, if payment is being made from grant money which is received from The North & South Trust Limited. For example, if a venue key persons were also a committee member of a community organisation which received a grant from The North & South Trust Limited, the person could not have any input as to which painter the community organisation employs, if the painter is to be paid from grant money.

 

Conditions for Allocation of Funds

1. Only non-profit bodies may apply, that is, any society, association or organisation whose rules do not allow funds, property or benefits to be distributed to any of its members.
2. The grant purposes must comply with the Gambling Act 2003, Gambling Regulations 2004 and The North & South Trust Limited’s licence conditions.
3. It is a condition of the Trust’s licence that the proposed allocation will be applied for the purpose stated and no other purpose. Acceptance of the payment will be deemed to confirm that the allocation has or will be applied accordingly.
4. In the event of non-compliance with any of these conditions, an amount equal to the grant amount will be immediately repayable by the recipient organisation to The North & South Trust Limited.
5. The receiving organisation acknowledges and accepts that public disclosure will be made of any funds allocated by The North & South Trust Limited as a result of this request.
6. All applications will be given due consideration by The North & South Trust Limited Net Proceeds Committee. The Committee is the final arbitrator as to the success or otherwise of any grant application, irrespective of the application meeting all or any of The North & South Trust Limited’s authorised purpose and/or donation criteria.
7. Grant requests must be for future spending. Grants will not be approved for expenditure that has already been incurred at the time the application is reviewed by the Net Proceeds Committee of The North & South Trust Limited.
8. Grants must be of direct and immediate benefit to the organisation applying.
9. All uniforms, equipment etc must remain the property of the recipient organisation (hence why, personal items cannot be funded).

 

Accountability Requirements

Recipients of grant funding must return paid invoices and bank statements to The North & South Trust Limited within the timeframe stipulated by the Trust after the funds have been spent to complete the accountability requirement. If these funds were not spent for the appropriate purpose, the Trust will request a refund of the full amount of the grant. If a funding surplus exists, the surplus must be returned to The North & South Trust Limited by direct credit within 10 working days of the request or as otherwise agreed with The North & South Trust Limited.
 

Grant recipients must use approved funds for the specific authorised purpose for which it was granted, and in accordance with any conditions consistent with the Gambling Act. Failure to account for funds spent against the specific authorised purpose will result in the Trust requesting a refund.
 

The Directors will not generally make a grant to any organisation who has previously received a grant, but has not spent these funds, or returned the relevant accountability documentation or refund to The North & South Trust Limited.
 

The North & South Trust Limited may at any time request further accountability documentation to ensure funds have been spent appropriately. 
 

Where information is obtained by the Board indicating that a grant recipient has received funding from other source(s) for the full amount needed for the purpose applied for here, the Board will take reasonable steps to obtain a return of the money from the grant recipient. If a refund is requested, the grant recipient must return this money to The North & South Trust Limited by direct credit within 10 working days of the request or as otherwise agreed by The North & South Trust Limited.

 

Audit and Inspection Requirements

1. The records of The North & South Trust Limited are open for inspection by the Department of Internal Affairs and are subject to an audit processes.
2. All grant applications are made on the understanding that if any Department of Internal Affairs Inspector/officer so requests, the applicant organisation/body shall agree to and participate in (at its own expense) any inspection and/or audit.
3. The Department of Internal Affairs also requires that all applications include a Consent of Audit” signed by the applicant organisation/body to verify receipt and confirm the correct use of funds.
4. All applications will be audited by The North & South Trust Limited. There will be a requirement for invoices and receipts to support all quotations submitted with applications. If there is a change of circumstances or costs, The North & South Trust Limited should be notified in writing and approval sought for any proposed re-allocation of funds.
5. In the event that adequate audit documentation for a grant cannot be obtained, actual costs are less than those indicated in the application, funds are spent other than for the approved Authorised Purpose, there is any other irregularity in the donation process or the applicant has received funding from another source for the same purpose, then The North & South Trust Limited is required to obtain a refund of the grant.
    
6. The North & South Trust Limited may be requested by regulatory parties, including the DIA, our auditors, or any other party that we are required to disclose information to for regulatory or statuary requirements, to provide copies of the information that you have submitted in this application including but not limited to; Organisation details, your personal information, information about your request for funding, banking details and amounts granted if you are successful.  By accepting these Terms and Conditions you are agreeing to this material being provided.