1Short title
This Act may be cited as the Lotteries Commission Act 1990.
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Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Lotteries Commission Act 1990.
This Act shall come into operation on a day to be fixed by proclamation.
In this Act, unless the contrary intention appears —
chairperson means the chairperson of the Commission;
Commission means the Lotteries Commission constituted by section 5 of the Lotteries (Control) Act 1954 and continued in existence under this Act;
conduct includes promote, organize, manage or operate;
designated authority means a person designated under subsection (4);
entry form, in relation to a game of lotto, means entry form or coupon required by the rules to enable a person to enter or subscribe to the game of lotto;
game of lotto means a lottery within the meaning of subsection (2);
instant lottery means a lottery within the meaning of subsection (3);
lottery means a scheme or device in which the success or otherwise of participants is governed by numbers, tickets, events, etc., drawn or determined in a manner involving a degree of randomness or chance;
member means a member of the Commission;
permit means a permit granted under this Act;
soccer football pool means a lottery the results of which depend on a forecast of the outcome of soccer football matches;
sports lottery means a lottery the results of which depend on the outcome of one or more specified sporting events;
subscription means the entry fee, payable by a person under the rules to enable the person to participate in a lottery, exclusive of any add‑on commission payable to an authorised retailer;
ticket includes an acknowledgement, whether in a physical form or in the form of an electronic message, that a subscription to a lottery has been accepted by the Commission.
A game of lotto is a form of lottery in which an attempt is made to choose, forecast, select or draw from a group of numbers, a smaller group of numbers to be drawn on an equally random basis.
An instant lottery is a lottery in which the holder of a ticket removes from the surfaces of the ticket opaque material covering certain amounts, pictures, figures, letters or other symbols printed on the ticket in order to ascertain whether or not the presentation of the ticket to the Commission will entitle that person, subject to this Act and to the conditions, if any, to which the relevant permit is granted —
to receive a prize; or
to receive a prize and to be eligible for further prizes to be awarded on the drawing of a lottery or lotteries in accordance with the rules; or
to be eligible for prizes to be awarded on the drawing of a lottery or lotteries in accordance with the rules.
The Governor may prescribe a person, whether from this State or not, to be a designated authority for the purposes of section 6.
[Section 3 amended: No. 26 of 1998 s. 5.]
In or on any instant lottery ticket, whether issued under this Act or the Lotteries (Control) Act 1954, and whether issued before or after the commencement of the Lotteries Commission Amendment Act 1993, the phrase —
match 3 money amounts, match 3 cash amounts, match 3 identical dollar amounts or find 3 identical dollar amounts means to win a prize the ticket must show 3 of an identical money amount, and does not include, and has never included, the possibility of matching 3 money amounts by finding a pair for each of 3 different money amounts;
match 3 symbols the same, match any 3 symbols, match 3 symbols, find 3 identical symbols or match 3 identical symbols means to win a prize the ticket must show 3 of an identical symbol, and does not include, and has never included, the possibility of matching 3 symbols by finding a pair for each of 3 different symbols;
if 3 matching numbers appear, match any 3 numbers, match 3 numbers, find 3 identical numbers or match 3 identical numbers means to win a prize the ticket must show 3 of an identical number, and does not include, and has never included, the possibility of matching 3 numbers by finding a pair for each of 3 different numbers;
match 3 amounts, match the 3 amounts, match 3 identical amounts, find 3 identical amounts or match any 3 identical amounts means to win a prize the ticket must show 3 of an identical amount, and does not include, and has never included, the possibility of matching 3 amounts by finding a pair for each of 3 different amounts;
match 3 of the same or match 3 means to win a prize the ticket must show 3 of an identical thing, and does not include, and has never included, the possibility of matching 3 things by finding a pair for each of 3 different things;
match 3 words/symbols means to win a prize the ticket must show 3 of an identical word, or symbol, as the case may be, and does not include, and has never included, the possibility of matching 3 words (or symbols) by finding a pair for each of 3 different words (or symbols);
find 3 identical symbols or numbers means to win a prize the ticket must show 3 of an identical symbol, or number, as the case may be, and does not include, and has never included, the possibility of matching 3 symbols (or numbers) by finding a pair for each of 3 different symbols (or numbers).
In this section, the figure 3 includes the word “three”.
[Section 3A inserted: No. 9 of 1993 s. 4.]
In this Act, unless the contrary intention appears —
emergency circumstances means prohibitions, restrictions or other adverse circumstances or conditions that arise out of —
the COVID‑19 pandemic; or
measures taken in response to the COVID‑19 pandemic;
emergency period means the period beginning on 16 March 2020 and ending on —
15 September 2020; or
if another day is fixed under subsection (2) — that day.
The Minister may, during the emergency period, make a declaration in writing varying, or from time to time further varying, the duration of the emergency period by fixing a day on which the emergency period is to end.
A declaration has effect according to its terms on and from the time it is made.
As soon as practicable after making a declaration under subsection (2), the Minister must —
give the Commission written notice of the declaration; and
publish notice of the declaration in the Gazette; and
publish notice of the declaration for public information in any manner that the Minister considers to be appropriate having regard to the circumstances and what is practicable.
A failure to comply with subsection (4) does not affect the validity of the declaration.
Sections 8B(3) and 8C apply to a declaration made under subsection (2) as if it were a direction given under regulations referred to in section 8B(2).
[Section 3B inserted: No. 15 of 2020 s. 4.]
In this section —
grant administration services means administration services in relation to a programme of a person or body other than the Commission for making grants of money, including —
assessing and evaluating applications for grants under the programme; and
monitoring compliance with conditions attached to grants made under the programme.
The functions of the Commission are, subject to this Act —
to conduct lotteries;
[(b), (c) deleted]
to perform any other function vested in it by this Act.
The Commission may do all things that are necessary or convenient to be done for or in connection with the performance of its functions, including the facilitation of syndicate entries to any games of lotto.
For the purpose of facilitating syndicate entries to games of lotto, the Commission may purchase entries into games of lotto and make portions of those entries available for sale as syndicate shares.
The Commission may, with the approval in writing of the Minister —
make agreements with one or more designated authorities for the joint conduct with those designated authorities of lotteries; and
conduct lotteries jointly with the designated authorities referred to in paragraph (a) in accordance with agreements made under this subsection; and
enter into a contract or arrangement with a person or body (including a local government or a department of the Public Service, or other agency or instrumentality, of the State or the Commonwealth) to provide any or all of the following services to that person or body, whether for a fee or not —
consultancy services;
advisory services;
grant administration services in relation to a programme of that person or body.
A contract or arrangement under subsection (3)(c) can only be made with the Treasurer’s concurrence and is void and unenforceable without it.
Moneys of another person or body allocated or distributed in grants under a programme that is the subject of a contract or arrangement under subsection (3)(c)(iii) are taken not to be moneys received by the Commission for the purposes of section 20 or 24.
Details of grants made by another person or body under a programme that is the subject of a contract or arrangement under subsection (3)(c)(iii) are not to be set out in the schedule required under section 26(1).
[Section 6 amended: No. 26 of 1998 s. 6; No. 21 of 2012 s. 4; No. 15 of 2020 s. 5.]
The Minister, with the Treasurer’s concurrence, may by order exempt a contract or arrangement, or class of contracts or arrangements, from the operation of section 6(4) either unconditionally or on specified conditions.
An order under subsection (1) is to show sufficient particulars of the contract or arrangement, or class of contracts or arrangements, to which it relates to enable the contract or arrangement, or class, to be identified.
The Minister must, within 6 sitting days after an order under subsection (1) is made, cause it to be laid before each House of Parliament.
Subject to subsection (5), an order made under subsection (1) is not subsidiary legislation for the purposes of the Interpretation Act 1984.
The Interpretation Act 1984 sections 43 (other than subsection (6)) and 44 and Part VIII apply to an order made under subsection (1) as if it were subsidiary legislation.
[Section 7A inserted: No. 21 of 2012 s. 5.]
Subject to subsection (2), the Minister may give directions in writing to the Commission with respect to its functions and powers, either generally or with respect to a particular matter, and the Commission shall give effect to any such direction.
Notwithstanding subsection (1), the Minister shall not give directions to the Commission with respect to the distribution of moneys under sections 22 and 24.
The text of any direction given under subsection (1) shall be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006.
Subsection (1) has effect subject to the Statutory Corporations (Liability of Directors) Act 1996.
[Section 7 amended: No. 41 of 1996 s. 3; No. 77 of 2006 Sch. 1 cl. 103(1).]
8. Trading name or symbol, use of by Commission etc.
The Commission may use, and operate under, a trading name or symbol approved by the Minister, but the use of such a trading name or symbol does not prevent or affect any proceedings being taken by or against the Commission in its corporate name.
The Commission is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time.
[Section 8A inserted: No. 28 of 2006 s. 427.]
8B. Strategic development plan and statement of corporate intent, preparation and content of etc.
The members of the Commission must, at the prescribed times, prepare and submit to the Minister —
a strategic development plan for the Commission; and
a statement of corporate intent for the Commission.
The regulations may make provision for the following —
the manner and form in which the members of the Commission are to prepare, submit, revise or modify a strategic development plan or statement of corporate intent;
the period a strategic development plan or statement of corporate intent is to cover;
the matters to be set out in a strategic development plan or statement of corporate intent;
the functions of the members of the Commission, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent;
the operation of a strategic development plan or statement of corporate intent.
If a regulation referred to in subsection (2) enables the Minister to give directions to the members of the Commission, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 8C —
within 14 days after the direction is given; or
if the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 14 days after it is confirmed under that section.
Regulations referred to in subsection (2) are not to be made except with the Treasurer’s concurrence.
[Section 8B inserted: No. 28 of 2006 s. 427.]
If —
a House of Parliament is not sitting at the commencement of the applicable period referred to in section 8B(3) in respect of a direction; and
the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.
The laying of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
The text of a direction referred to in section 8B(3) is to be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006.
[Section 8C inserted: No. 28 of 2006 s. 427; amended: No. 77 of 2006 Sch. 1 cl. 103(2).]
The Commission may appoint such employees, either full‑time or part‑time, as it considers necessary to enable it to carry out its functions.
Subject to any relevant order, award or industrial agreement the terms and conditions of office or employment of persons appointed under subsection (1), including the salary or wages payable, are such terms and conditions as the Commission determines after consultation with the Public Sector Commissioner.
The Commission may engage under a contract for services any consultant or person to provide administrative, professional, technical or other assistance as it considers necessary to enable the Commission to perform its functions.
Notwithstanding anything in this section, to the extent that there is in the case of a person who is appointed under subsection (1) to be an employee of the Commission and who is a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994 1 an inconsistency between this Act and that Act, that Act shall prevail.
The engagement of a person under subsection (3) does not —
render Part 3 of the Public Sector Management Act 1994, or any Act applying to persons as officers of the Public Service of the State, applicable to that person; or
affect or prejudice the application to that person of those provisions if they applied to that person at the time of the engagement of that person.
[Section 9 amended: No. 32 of 1994 s. 3(2); No. 39 of 2010 s. 89.]
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