1Citation
These rules may be cited as the Lotteries Commission (Instant Lottery) Rules 1996.
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Bill homepageThese rules may be cited as the Lotteries Commission (Instant Lottery) Rules 1996.
In these rules, unless the contrary intention appears —
agent means a person appointed by the Commission as its agent for purposes associated with instant lottery games, and includes any branch or section of the Commission;
closure day has the meaning given in section 16A(1) of the Act;
computer linked terminal means a computer terminal that is linked to a central processing computer at the Commission, and which allows an agent to verify whether a ticket entitles the holder of that ticket to an instant prize;
instant lottery promotion means a second stage draw competition run by the Commission involving one or multiple instant lotteries;
instant prize means a prize in the first stage of an instant lottery that is ascertained when the holder of a ticket removes from the surface of the ticket the opaque material covering the amounts, pictures, figures, letters or other symbols (excluding any security code) printed on the ticket;
name and address means (as a minimum) the surname, initials, and residential address and postcode of a person;
payout period means the period —
beginning on the day a ticket in an instant lottery is purchased; and
ending on —
if the closure day for the instant lottery is in the period from 16 March 2019 to 15 March 2020 — 16 March 2021; and
if the closure day for the instant lottery is in the emergency period — the day which is 24 months after the closure day; and
otherwise — the day which is 12 months after the closure day for the instant lottery;
ticket means an instant lottery ticket;
ticket identification number has the meaning given in rule 4A;
validation period, in relation to an instant prize of $5 000 or more, means the period —
beginning at midnight on the day on which the instant prize is claimed in accordance with rule 9 or 9AAA; and
ending at 5 pm on the day which is 14 days after the day on which the instant prize is claimed;
void, in relation to a ticket, means —
void and incapable of winning a prize under rule 6; or
determined by the Commission to be void and incapable of winning a prize under rule 7.
[Rule 2 amended: Gazette 20 Mar 1998 p. 1533; 7 Jan 2020 p. 11; SL 2020/52 r. 8.]
Subject to subrule (2), these rules apply in relation to all instant lotteries conducted by the Commission.
Part 4 applies only in relation to instant lottery promotions.
[Rule 3 amended: Gazette 7 Jan 2020 p. 11.]
The Commission may include a security code on any part of a ticket for the purpose of verifying whether the ticket entitles the holder to an instant prize or identifying counterfeit or reconstituted tickets.
A security code may be —
characters, words, numerals, symbols or other markings; and
printed, stamped, embossed or otherwise shown on the ticket.
A security code included on a ticket is not part of the play instructions for the lottery, and cannot be used or interpreted to determine the value of an instant prize, to enhance the value of an instant prize or to qualify the ticket holder to participate in the second stage of the lottery or an instant lottery promotion.
[Rule 4 amended: Gazette 7 Jan 2020 p. 11; SL 2020/52 r. 9.]
The Commission may include on any part of a ticket a unique identification distinguishing number (ticket identification number) which may be used for the purposes of rule 9AA(3).
[Rule 4A inserted: Gazette 7 Jan 2020 p. 11.]
The Commission may continue to distribute, and agents may continue to sell, instant lottery tickets from a particular lot even if all the instant prizes (including the top prize) for that lot of tickets have already been won or claimed.
The Commission may nominate a date on the Lotterywest website for when the Commission will cease to issue tickets in a particular lot of tickets to an agent for sale irrespective of whether the Commission has unsold books.
[Rule 5A inserted: Gazette 7 Jan 2020 p. 12.]
A ticket is void and incapable of winning a prize if the ticket —
has a number under the “void if removed” or “agent use only” panel that is missing, incomplete, obliterated or illegible;
has on it or contains information, other than the information referred to in rule 11, that has been altered in any way;
has the words “void”, “not for sale” or “specimen” marked under the “void if removed” or “agent use only” panel, or elsewhere on the ticket;
has been stolen from the Commission or an agent;
has been misprinted;
is counterfeit; or
has been reconstituted by joining parts of 2 or more tickets together to produce another ticket.
[Rule 6 amended: Gazette 7 Jan 2020 p. 12; SL 2020/52 r. 10.]
The Commission may determine that a ticket is void and incapable of winning a prize if the ticket —
has been damaged or mutilated;
has a portion of the ticket (other than a number under the “void if removed” or “agent use only” panel) missing; or
is, in the opinion of the Commission, defective in any other manner.
The Commission may make a determination under subrule (1) —
during the first stage of an instant lottery, at any time prior to an instant prize being paid to the ticket holder; and
during the second stage of an instant lottery, or an instant lottery promotion, at any time prior to a second stage prize being paid or given to the ticket holder even if —
the ticket has been drawn or selected as a potential winning ticket; or
an instant prize has been paid in relation to that ticket.
The Commission must not make a determination under subrule (1) in relation to a ticket by reason only of —
the removal from the surface of the ticket of the opaque material that covers the amounts, pictures, figures, letters or other symbols printed on the ticket which indicate whether or not the holder of the ticket is entitled to an instant prize or to participate in the second stage of the lottery or both; or
the separation of a portion of the ticket that is intended to be both —
part of the original ticket; and
once removed, a ticket that may be entered in the second stage of the lottery.
[Rule 7 amended: Gazette 7 Jan 2020 p. 12; SL 2020/52 r. 11.]
The liability of the Commission, if any, for a void ticket is limited to substituting a valid ticket for the ticket which is void.
To claim an instant prize in an instant lottery, the holder of a winning ticket must present it —
to either the Commission or an agent depending on the amount of the instant prize; and
within the payout period for the instant lottery; and
if there is a validation period to claim the instant prize — together with evidence of the holder’s identity and bank account details.
[Rule 9 inserted: SL 2020/52 r. 12.]
This rule applies during the emergency period.
If the Commission is satisfied that, by reason of emergency circumstances, it is not reasonably practicable for a holder of a winning ticket to claim an instant prize in an instant lottery by presenting the winning ticket to the Commission or an agent in accordance with rule 9, the holder may instead claim the instant prize by sending a copy or image of the ticket —
to the Commission by email, post, facsimile or other electronic means; and
within the payout period for the instant lottery; and
together with —
evidence of the holder’s identity; and
the holder’s bank account details; and
a statement by the holder in a form approved by the Commission affirming that the ticket is a valid ticket and that the holder is entitled to claim the instant prize.
[Rule 9AAA inserted: SL 2020/52 r. 12.]
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