State Lotteries Act 1966

This Act may be cited as the State Lotteries

Act 1966.

In this Act, unless the context otherwise requires—

Australian lotteries body means—

a body performing a function corresponding to that of the

Commission, constituted under the law of another State or Territory of the

Commonwealth; or

a body declared by the Minister by notice in the Gazette to be included within the ambit of this definition;

Commissioner means the Commissioner appointed to the Commission under section 4 and includes an Acting Commissioner appointed under section 9;

foreign lotteries body means—

a body performing a function corresponding to that of the

Commission, constituted under the law of a jurisdiction outside of the

Commonwealth; or

a body declared by the Minister by notice in the Gazette to be included within the ambit of this definition;

keno coin toss means a keno lottery in which the player is required to predict the distribution of the 20 numbers drawn between predetermined segments of the keno game grid;

keno game grid means a grid of numbers from 1 to 80 (inclusive) distributed into 10 equal columns of

8 numbers and 8 equal rows of 10 numbers;

keno lottery means—

a lottery drawn at such intervals as the Commission determines in which the player is required to select between 1 and 10 numbers out of 20 numbers drawn from the range of numbers 1 to 80

; or

a keno coin toss;

Liquor and Gambling Commissioner means the person for the time being holding or acting in the office of the Liquor and

Gambling Commissioner under the Liquor Licensing

Act 1997 (or the Commissioner's delegate);

lottery includes any scheme or device for the gift, disposal or distribution of prizes depending upon or to be determined by lot or drawing (whether out of a box or other receptacle) or to be determined by any manner of chance whatsoever (whether or not an element of knowledge or skill is also involved);

net proceeds of a sports lottery, special lottery or special appeal lottery conducted by the Commission, means an amount equal to the difference between the total value of the tickets sold in the lottery and the total value of the prizes won in the lottery less an amount approved by the Minister for the administrative and operating expenses of the

Commission in conducting the lottery;

prize, in relation to a lottery, means any money or thing of value, or any right to or share in any money or thing of value, provided for gift, disposal or distribution to persons entering the lottery;

special appeal lottery—see section 13AB;

special lottery—see section 13AA;

sports lottery means a lottery the results of which depend on the outcome of a sporting or recreational activity;

the Commission means the Lotteries Commission of

South Australia constituted pursuant to this Act;

the Hospitals Fund means the fund of that name kept at the Treasury and continued in existence under this Act;

the Lotteries Fund means the account of that name kept by the Commission pursuant to this Act;

the Recreation and Sport Fund means the fund of that name kept at the Treasury and continued in existence under this

Act;

the rules of the Commission means rules made by the Commission pursuant to section 18;

ticket, in relation to a lottery, means a ticket, coupon, token or other thing sold or issued by the Commission to a person entering the lottery and by reference to which entitlement to any prize or prizes in the lottery may be determined.

A reference in this Act to a lottery promoted or conducted by the

Commission includes a lottery promoted or conducted by the Commission jointly with—

an Australian lotteries body; or

a foreign lotteries body.

For the purposes of this Act, a reference to

money received by the Commission, net gambling revenue, net proceeds or prize in relation to a lottery or lotteries will, in the case of a lottery conducted by the Commission jointly with another body, be taken to be a reference to the

part of the money, revenue, proceeds or prize that is related to the

Commission's functions under this Act relating to the lottery.

The Minister may, by notice in the Gazette—

declare a body to be included within the ambit of the definition of

Australian lotteries body; or

declare a body to be included within the ambit of the definition of

foreign lotteries body; or

vary or revoke a declaration under this subsection.

The Lotteries Commission of South Australia is established.

The Commission—

is a body corporate with perpetual succession and a common seal;

and

subject to this Act, is capable of acquiring, taking or letting out on lease, holding, selling and otherwise disposing of real and personal property; and

may in its name sue and be sued; and

holds its property for and on behalf of the Crown;

and

has the powers, duties, functions and authorities conferred, imposed or prescribed by or under this Act.

The Commission is subject to the direction and control of the

Minister.

All courts, tribunals and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to any document and shall presume that it was duly affixed.

The Commission will be constituted of a Commissioner appointed by the Governor.

The office of the Commissioner may be held in conjunction with any other appointment or office under the Government.

The Commissioner will be appointed for a term of office not exceeding five years determined by the Governor.

On the expiration of his or her term of office as the Commissioner, a person will be eligible for re‑appointment.

The Commissioner is a senior official for the purposes of the

Public Sector (Honesty and Accountability)

Act 1995.

The Governor may remove the Commissioner from office on the recommendation of the Minister.

The Minister may recommend the removal of the Commissioner on any ground that the Minister considers sufficient.

The office of the Commissioner becomes vacant if—

the Commissioner dies; or

the Commissioner's term of office expires; or

the Commissioner resigns by written notice given to the Minister;

or

the Commissioner is removed from office by the Governor pursuant to section 6; or

the Commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with the

Commissioner's creditors for less than one hundred cents in the dollar;

or

the Commissioner is convicted of any indictable offence;

or

the Commissioner is convicted of any other offence and receives a notice in writing from the Minister discharging the member from office on the ground of that conviction.

Upon the office of the Commissioner becoming vacant, a person will be appointed in accordance with this Act to the vacant office, but where the office of the Commissioner becomes vacant before the expiration of the term for which the Commissioner was appointed, a person appointed to fill the vacancy will hold office for the balance of the term of his or her predecessor.

If the Commissioner is temporarily absent or unable to perform official functions, the Minister may appoint an Acting Commissioner to act in the office of the Commissioner and a person so appointed has, while so acting, all the functions and powers of the Commissioner.

The terms and conditions of appointment of an Acting Commissioner will be as determined by the Minister.

The Acting Commissioner is a senior official for the purposes of the Public Sector (Honesty and

Accountability) Act 1995.

No act, proceeding or determination of the Commission is invalid on the ground only of any vacancy in the office of the Commissioner or of any defect in the appointment of the Commissioner.

Subject to this Act and the directions of the Minister not inconsistent with this Act, the Commission may—

promote and conduct lotteries; and

promote and conduct lotteries jointly with an Australian lotteries body; and

with the approval of the Minister, promote and conduct lotteries jointly with a foreign lotteries body; and

employ, or appoint, on such terms and conditions as it thinks fit, and terminate the services of, officers, servants and agents; and

delegate to any officer of the Commission any of the powers, duties, functions and authorities of the Commission except this power of delegation; and

carry out such other functions as are assigned to it by this Act or by or under any other Act; and

carry out such other functions as are assigned to it by the

Minister; and

do or cause to be done such other things as are necessary or convenient for the administration of this Act or the affairs of the Commission or to give effect to the objects of this Act.

The Commission may, or, if so required by the Minister, must, at any time, revoke any delegation made pursuant to paragraph (c) of subsection (1).

The Commission may, with the approval of the Minister, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.

The Commission is declared not to be a national system employer for the purposes of the Fair Work

Act 2009 of the Commonwealth.

The Minister may direct the Commission to conduct as part of its lotteries for a specified financial year a series of lotteries to be known as

special lotteries.

The Minister may direct the Commission to conduct in a specified financial year a lottery or lotteries to be known as special appeal lotteries.

The Minister must specify a body or bodies established or incorporated in the State for an approved purpose to be the beneficiary or beneficiaries of the net proceeds of each special appeal lottery.

The Minister may specify a period of not less than 1 month within which prizes in a special appeal lottery must be collected or taken delivery of for the purposes of section 16B(1).

If more than 1 body is specified as a beneficiary under subsection (2) in relation to a special appeal lottery, the Minister must specify the proportion of the net proceeds of, and the unclaimed prizes in, the lottery to which each body is entitled, and any payments to be made to the bodies under this Act must be divided between the bodies in those proportions.

The Commission must, on each ticket in a special appeal lottery, specify the proportion of the net proceeds of the lottery that is to be paid to the beneficiaries of the lottery.

In this section—

approved purpose means—

the relief of disabled, sick, homeless, unemployed or otherwise disadvantaged persons, or the dependants of such persons; or

the relief of distress caused by natural disaster, war or civil unrest (whether occurring in the State or elsewhere); or

the provision of welfare services for animals; or

the support of medical or other scientific research that is likely to benefit South Australians; or

any other purpose approved by the Minister.

For the purpose of the exercise of its powers or the performance of its functions the Commission may borrow money from the Treasurer, or with the consent of the Treasurer, from any person.

Any liability incurred with the consent of the Treasurer referred to in subsection (1) is hereby guaranteed by the

Treasurer.

Any liability incurred by the Treasurer under a guarantee arising by virtue of subsection (2) is to be satisfied out of the

Consolidated Account, which is appropriated to the necessary extent.

Any money held by the Commission that is not immediately required for any other purpose may be invested by the Commission in such manner as may be approved by the Treasurer.