Lotteries Commission Act 1990 (Western Australia)

The Lotteries Commission Act 1990 continues the Lotteries Commission as a corporate body, sets out its constitution, functions, financing and powers to conduct lotteries, prescribes how lottery proceeds are to be allocated, and provides a statutory framework for permitting, operating and regulating lotteries in Western Australia (Long title; ss 4, 5, 6). It repeals earlier lottery statutes and preserves existing rules and transitional arrangements (s 31; Sch. 2). The Act establishes a permit requirement for each lottery the Commission wishes to conduct (s 10), empowers the Commission to make rules about the detailed conduct of lotteries (s 28), and subjects the Commission to the Financial Management Act 2006 and Auditor General Act 2006 regime for statutory authorities (s 25).

Financial mechanics are central. The Act defines the Lotteries Commission Account for receipt and application of Commission moneys (s 20(2)-(4)), allows temporary investment of those funds (s 21), caps operating expenses at 25% of gross commissions and subscriptions in any year (s 20(5)), and prescribes the statutory allocation of net subscriptions among eligible organisations, specified government accounts and particular cultural and film‑related purposes (s 22). Residual moneys after those deductions are to be distributed to eligible organisations subject to Ministerial approval (s 24). During defined emergency circumstances related to COVID‑19, the Act temporarily alters evidentiary, unclaimed prize and distribution rules (ss 3B, 15A, 16A, 24A).

On governance and oversight, the Act preserves a six‑member Commission appointed by the Minister (s 5), provides for ministerial directions in relation to functions and powers generally (s 7(1)), but expressly limits the Minister’s power so that directions may not concern the distribution of moneys under ss 22 and 24 (s 7(2)); directions must be disclosed in the Commission’s annual report (s 7(3)). The Commission is an agent of the Crown with the Crown’s status, immunities and privileges (s 4(3)). The Act also provides for strategic development plans and statements of corporate intent to be prepared and acted upon (ss 8A-8C).

CrestWestern Australia

Lotteries Commission Act 1990

Western Australia

Lotteries Commission Act 1990

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

3A. Instant lottery tickets, meaning of instructions on 3

3B. COVID‑19 pandemic: emergency circumstances and emergency period 5

Part 2 — Constitution and administration of Commission

Commission continued; nature of body etc. 7
Members of Commission, appointment of etc. 7
Functions and powers of Commission 8

7A. Exemptions from s. 6(4) 9

Minister may give directions to Commission 10
Trading name or symbol, use of by Commission etc. 10

8A. Strategic development plan and statement of corporate intent, Commission to act under 11

8B. Strategic development plan and statement of corporate intent, preparation and content of etc. 11

8C. Directions by Minister under s. 8B(3), laying before Parliament 12

Staff 13

Part 3 — Conduct of lotteries

Permit to conduct lottery, Commission to obtain etc. 14
Commission’s powers to conduct permitted lotteries 15
Commission’s duties when conducting permitted lotteries 15
Prizes to be specified etc. 15
Prizes, payment of; evidence of winning entries 15

15A. Evidence of winning entries: provisions relating to COVID‑19 pandemic 16

Unclaimed prizes 17

16A. Unclaimed prizes: provisions relating to COVID‑19 pandemic 18

Fully subscribed lotteries, dealing with applications for tickets in 19
Selling etc. lottery ticket to person under 16, offence 19

Part 4 — Financial provisions

Terms used 20
Commission’s funds, expenses etc.; Lotteries Commission Account 20
Temporary investment of moneys 21
Net subscriptions from lotteries, distribution of to sports, arts etc. 22
Residual moneys, distribution of to organizations 26

24A. Distribution of residual moneys to organizations: provisions relating to COVID‑19 pandemic 27

Financial Management Act 2006 and Auditor General Act 2006, application of 28
Annual report to Parliament of grants etc.; Minister entitled to information 28

Part 5 — Miscellaneous

Offences 30
Rules about conduct of lotteries etc. 30
Regulations 31
Review of Act 31
Repeals 32
Transitional and savings 32
Validation of soccer football pools conducted before 1 Jan 1991 32

Schedule 1 — Provisions concerning members and the procedure of the Commission

Term of office of members 33
When office becomes vacant 33
Remuneration of members 33
Relationship to Public Service 34
Validity of proceedings not affected by defect in appointment etc. 34
Protection from personal liability for members etc. 34
Meetings, procedure at etc. 34
Quorum; who presides; voting etc. 35
Minutes 35
Resolution may be passed without meeting 35
Leave of absence 35
Execution of documents by Commission 35

Schedule 2 — Transitional and savings provisions

Term used: commencement 37
Members as at 1 Jan 1991 37
Rules in force as at 1 Jan 1991 37
Appointments etc. in effect as at 1 Jan 1991 37
Gaming Commission Act 1987, transitional provisions as to 37
Interpretation Act 1984 not affected 38

Notes

Compilation table 39

Other notes 41

Defined terms

Western Australia

Lotteries Commission Act 1990

An Act to provide for the continuation of the Lotteries Commission and the conduct of lotteries, to repeal the Lotteries (Control) Act 1954 and the Lotto Act 1981, and for related purposes.

[Long title amended: No. 26 of 1998 s. 4.]

Part 1 — Preliminary

1. Short title

This Act may be cited as the Lotteries Commission Act 1990.

2. Commencement

This Act shall come into operation on a day to be fixed by proclamation.

3. Terms used

(1) 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.

(2) 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.

(3) 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 —

(a) to receive a prize; or

(b) 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

(4) 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.]

3A. Instant lottery tickets, meaning of instructions on

(1) 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 —

(a) 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;

(b) 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;

(c) 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;

(d) 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;

(e) 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;

(f) 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);

(g) 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).

(2) In this section, the figure 3 includes the word “three”.

[Section 3A inserted: No. 9 of 1993 s. 4.]

3B. COVID‑19 pandemic: emergency circumstances and emergency period

(1) In this Act, unless the contrary intention appears —

emergency circumstances means prohibitions, restrictions or other adverse circumstances or conditions that arise out of —

(a) the COVID‑19 pandemic; or

(b) measures taken in response to the COVID‑19 pandemic;

emergency period means the period beginning on 16 March 2020 and ending on —

(a) 15 September 2020; or

(b) if another day is fixed under subsection (2) — that day.

(2) 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.

(3) A declaration has effect according to its terms on and from the time it is made.

(4) As soon as practicable after making a declaration under subsection (2), the Minister must —

(a) give the Commission written notice of the declaration; and

(b) publish notice of the declaration in the Gazette; and

(c) 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.

(5) A failure to comply with subsection (4) does not affect the validity of the declaration.

(6) 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.]

Part 2 — Constitution and administration of Commission

4. Commission continued; nature of body etc.

(1) The body corporate constituted under section 5 of the Lotteries (Control) Act 1954 and named the “Lotteries Commission” is preserved and continues in existence for the purposes of this Act as a body corporate retaining the same corporate name, corporate identity and common seal.

(2) The Commission is a body corporate with perpetual succession and a common seal and is capable of —

(a) acquiring, holding and disposing of real and personal property; and

(b) suing and being sued; and

(3) The Commission is an agent of the Crown in right of the State and enjoys the status, immunities and privileges of the Crown.

5. Members of Commission, appointment of etc.

(1) The Commission shall consist of 6 members appointed by the Minister.

(2) The Minister shall appoint one of the members as chairperson of the Commission.

(3) The Minister shall endeavour to ensure that the Commission has available to it from its own membership expertise relevant to the operations of the Commission, including expertise in the areas of management, finance, computer operations, marketing, health and community services.

(4) Schedule 1 has effect with respect to the members and the procedure of the Commission.

6. Functions and powers of Commission

(1A) 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 —

(a) assessing and evaluating applications for grants under the programme; and

(b) monitoring compliance with conditions attached to grants made under the programme.

(1) The functions of the Commission are, subject to this Act —

(a) to conduct lotteries;

[(b), (c) deleted]

(d) to perform any other function vested in it by this Act.

(2) 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.

(3A) 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.

(3) The Commission may, with the approval in writing of the Minister —

(a) make agreements with one or more designated authorities for the joint conduct with those designated authorities of lotteries; and

(b) conduct lotteries jointly with the designated authorities referred to in paragraph (a) in accordance with agreements made under this subsection; and

(c) 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 —

(i) consultancy services;

(ii) advisory services;

(iii) grant administration services in relation to a programme of that person or body.

(4) A contract or arrangement under subsection (3)(c) can only be made with the Treasurer’s concurrence and is void and unenforceable without it.

(5) 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.

(6) 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.]

7A. Exemptions from s. 6(4)

(1) 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.

(2) 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.

(3) 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.

(4) Subject to subsection (5), an order made under subsection (1) is not subsidiary legislation for the purposes of the Interpretation Act 1984.

(5) 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.]

7. Minister may give directions to Commission

(1) 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.

(2) Notwithstanding subsection (1), the Minister shall not give directions to the Commission with respect to the distribution of moneys under sections 22 and 24.

(3) 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.

(4) 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.

8A. Strategic development plan and statement of corporate intent, Commission to act under

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.

(1) The members of the Commission must, at the prescribed times, prepare and submit to the Minister —

(a) a strategic development plan for the Commission; and

(b) a statement of corporate intent for the Commission.

(2) The regulations may make provision for the following —

(a) 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;

(b) the period a strategic development plan or statement of corporate intent is to cover;

(d) 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;

(e) the operation of a strategic development plan or statement of corporate intent.

(3) 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 —

(a) within 14 days after the direction is given; or

(b) 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.

(4) 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.]

8C. Directions by Minister under s. 8B(3), laying before Parliament

(1) If —

(a) 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

(b) 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.

(2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House.

(3) 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.

(4) 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).]

9. Staff

(1) The Commission may appoint such employees, either full‑time or part‑time, as it considers necessary to enable it to carry out its functions.

(2) 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.

(3) 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.

(4) 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.

(5) The engagement of a person under subsection (3) does not —

(a) 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

(b) 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.]

Part 3 — Conduct of lotteries

[Heading inserted: No. 26 of 1998 s. 7.]

10. Permit to conduct lottery, Commission to obtain etc.

(1) When the Commission desires to conduct a lottery, it is to apply to the Minister for a permit to do so.

(2) An application shall —

(a) be made at least 14 days before the lottery is conducted; and

(b) be duly executed by the Commission in accordance with this Act.

(2a) An application for a permit to conduct a lottery shall state —

(a) the price of each subscription; and

(b) the details of the prize structure of the lottery including prize reserve funds; and

(3) On receiving an application under subsection (1), the Minister shall —

(a) grant the application, either unconditionally or subject to such conditions as are specified in the permit, and issue to the Commission the permit applied for; or

(b) refuse to grant the application.

(4) It is a condition of any permit granted under subsection (3) that the lottery may not be conducted unless rules have been made for the conduct of that lottery by the Commission under section 28.

[Section 10 amended: No. 26 of 1998 s. 8.]

[11. Deleted: No. 26 of 1998 s. 9.]

12. Commission’s powers to conduct permitted lotteries

Subject to the Commission having obtained a permit as provided by this Act, the Commission may —

(a) conduct a lottery without fixing or specifying either an opening date or a closing date, or a date of drawing;

(b) conduct 2 or more lotteries at the same time.

[Section 12 amended: No. 26 of 1998 s. 10.]

13. Commission’s duties when conducting permitted lotteries

The Commission shall, in respect of all lotteries for which permits have been granted to it, conduct those lotteries in accordance with this Act and with such conditions as are imposed on the grant of those permits.

[Section 13 amended: No. 26 of 1998 s. 11.]

14. Prizes to be specified etc.

(1) The Commission shall, in any lottery conducted by it, specify the value and form, whether of money or things of value, of the prizes offered by it in that lottery.

(2) The Commission shall not in any lottery conducted by it distribute prizes otherwise than in the value and form specified by the Commission in relation to that lottery.

[Section 14 amended: No. 26 of 1998 s. 12.]

15. Prizes, payment of; evidence of winning entries

(1) The Commission may pay or deliver a prize won by a participant in a lottery conducted by it on receipt of the winning entry, receipted entry form, or other ticket or evidence of participation provided to a participant by the Commission for the particular lottery, and may require the participant, where appropriate, to endorse that entry, entry form, etc., with the participant’s name, address and signature.

(2) If a participant alleges that a prize has been won in a lottery, but that the appropriate evidence of participation in that lottery has been lost or destroyed, the Commission may pay or deliver the prize won by the participant, if the participant satisfies the Commission that the participant is entitled to that prize.

(3) The Commission is not obliged to satisfy itself that —

(a) the purported participant presenting evidence of a winning entry, etc., is lawfully entitled to claim possession or ownership of that evidence; or

(b) any signature presented as a part of a verification process is genuine; or

(4) If, as a result of holding unsold syndicate shares at the time of a lotto draw, the Commission is the holder of a winning entry in that game of lotto, the prize allocated to that winning entry is to be treated as if it were an unclaimed prize under section 16, and the moneys credited to the relevant Account without the requirement to wait 12 months.

(5) Notwithstanding any law to the contrary, whether relating to infants or to persons under other legal disability or otherwise, payment or delivery of a prize by the Commission under this section constitutes full satisfaction by, and a full and valid discharge to, the Commission.

[Section 15 amended: No. 26 of 1998 s. 13; No. 21 of 2012 s. 6.]

15A. Evidence of winning entries: provisions relating to COVID‑19 pandemic

(1) This section applies during the emergency period.

(2) If the Commission is satisfied that, by reason of emergency circumstances, it is not reasonably practicable for a participant to provide the winning entry, receipted entry form, or other ticket or evidence of participation in accordance with section 15(1), the Commission may pay or deliver a prize in accordance with section 15 if other evidence or information, specified in the rules, is delivered or communicated to it in a manner specified in the rules.

(3) Evidence or information specified in the rules for the purposes of subsection (2) may include any or all of the following —

(a) a copy, image or facsimile of the winning entry, receipted entry form, or other ticket or evidence of participation provided to a participant by the Commission for the lottery;

(b) attestation, confirmation, verification or certification of the validity or correctness of the copy, image or facsimile referred to in paragraph (a);

(d) any other evidence or information necessary or convenient for paying or delivering the prize.

[Section 15A inserted: No. 15 of 2020 s. 6.]

16. Unclaimed prizes

(1) Subject to subsection (2), if a prize in a lottery conducted by the Commission is not claimed within 12 months after the date on which the result of that lottery was publicly declared on behalf of the Commission, the participant’s right to recover, and the Commission’s liability to pay or deliver that prize, are extinguished.

(2) If a prize in an instant lottery conducted by the Commission is not claimed within the period of 12 months next following the date when the last ticket or tickets in each lot of tickets were issued by the Commission to any person in respect of that particular series of instant lottery, the right to recover, and the liability of the Commission to pay or deliver, that prize are extinguished.

[(3) deleted]

(4) For the purposes of this section, where a cheque has been issued by the Commission in payment of a prize in a lottery, the prize shall not be regarded as having been claimed if the cheque has not been presented for payment.

[Section 16 amended: No. 32 of 1992 s. 3; No. 9 of 1993 s. 5; No. 26 of 1998 s. 14.]

16A. Unclaimed prizes: provisions relating to COVID‑19 pandemic

(1) In this section —

closure day, in relation to an instant lottery, means the day on which the last ticket or tickets in each lot of tickets are issued by the Commission to any person in respect of that particular series of instant lottery.

(2) This section has effect despite anything in section 16.

(3) The right of a participant to recover a prize in a lottery (other than an instant lottery) conducted by the Commission, and the Commission’s liability to pay or deliver that prize, are extinguished if the prize is not claimed by whichever of the following days applies —

(a) if the result of the lottery is publicly declared on behalf of the Commission in the period from 16 March 2019 to 15 March 2020 — 16 March 2021;

(b) if the result of the lottery is publicly declared on behalf of the Commission in the emergency period — the day which is 24 months after the day on which the result of the lottery is publicly declared.

(4) The right of a participant to recover a prize in an instant lottery conducted by the Commission, and the Commission’s liability to pay or deliver that prize, are extinguished if the prize is not claimed by whichever of the following dates applies —

(a) if the closure day is in the period from 16 March 2019 to 15 March 2020 — 16 March 2021;

(b) if the closure day is in the emergency period — the day which is 24 months after the closure day.

(5) For the purposes of this section, where a cheque has been issued by the Commission in payment of a prize in a lottery, the prize is not to be regarded as having been claimed if the cheque has not been presented for payment.

[Section 16A inserted: No. 15 of 2020 s. 7.]

17. Fully subscribed lotteries, dealing with applications for tickets in

Where a lottery conducted by the Commission is fully subscribed and thereafter applications are received or subscriptions are offered for tickets in the lottery, if the amount tendered in the application or offered as a subscription so permits, the Commission shall allot to the applicant tickets in another lottery of a similar type if one is then being conducted by the Commission or in the next lottery of a similar type to be conducted by the Commission, whether or not the tickets are of the same price or the subscriptions are of the same amount as the tickets or subscriptions originally applied for or offered by the applicant.

[Section 17 amended: No. 26 of 1998 s. 15.]

18. Selling etc. lottery ticket to person under 16, offence

A person shall not knowingly —

(a) sell a ticket in a lottery; or

(b) cause or permit a ticket in a lottery to be sold,

to a child under 16 years of age.

Penalty: $200.

[Section 18 inserted: No. 26 of 1998 s. 16.]

Part 4 — Financial provisions

19. Terms used

In this Part —

approved purpose means a benevolent or charitable purpose;

eligible organization means —

(a) an institution, association, club, society, organization or body, whether incorporated or not —

(i) that is not a Minister of the Crown in right of the State, Government department, State trading concern, State instrumentality or State public utility; and

(ii) that is not operated for the purpose of profit or financial gain to individual members, shareholders or owners;

(b) a local government, regional local government or regional subsidiary;

year means a period of 12 months ending on 30 June.

[Section 19 amended: No. 32 of 1992 s. 4; No. 74 of 1994 s. 4; No. 14 of 1996 s. 4; No. 26 of 2016 s. 68.]

20. Commission’s funds, expenses etc.; Lotteries Commission Account

(1) Subject to this Act, the Commission shall be responsible for managing its own finances.

(2) The funds and property available to the Commission for the purposes of this Act are —

(a) moneys received by the Commission under this Act in respect of lotteries conducted by it; and

(b) any moneys derived from investment under section 21; and

(3) The moneys referred to in subsection (2) shall be paid into, and placed to the credit of, banking accounts opened with the approval of the Treasurer and operated for the purposes of this Act, which together shall be taken to constitute an account known as the Lotteries Commission Account.

(4) All expenditure incurred by the Commission for the purpose of performing its functions under this Act shall be paid from an account forming a part of the Lotteries Commission Account referred to in subsection (3) and moneys standing to the credit of the Lotteries Commission Account shall be applied only for the purposes of this Act.

(4a) The Commission shall not permit the bank accounts constituting the Lotteries Commission Account to be overdrawn except with the approval of, and subject to any terms and conditions imposed by, the Treasurer.

(5) The total expenses of conducting lotteries in any one year including add‑on commissions payable on subscriptions, the allowances and remuneration of the members of the Commission and all other expenses attributable to those lotteries shall not in that year exceed 25% of the gross amount received from commissions and subscriptions.

(6) The Commission may, with the approval in writing of the Minister, apply part or all of the balance of moneys remaining after the deductions and repayments referred to in section 24(a) to (f) on the purchase, acquisition, maintenance and improvement of lands and buildings held or intended to be held for an approved purpose or for the purposes of this Act.

[Section 20 amended: No. 26 of 1998 s. 17.]

21. Temporary investment of moneys

Moneys standing to the credit of the Account referred to in section 20(3) may, until required by the Commission for the purposes of this Act, be temporarily invested by the Commission as trust funds may be invested under Part III of the Trustees Act 1962 or in an investment, or class or kind of investment, approved by the Treasurer.

[Section 21 amended: No. 1 of 1997 s. 18.]

22. Net subscriptions from lotteries, distribution of to sports, arts etc.

(1a) In this section —

fixed prize game means a lottery game in which all winning participants are entitled to a prize, the amount of which is determined before the commencement of the game;

net subscriptions are calculated —

(a) in the case of a fixed prize game, as being the subscriptions received for that game less the prize liability;

(b) in the case of a pari‑mutuel prize game, as being the subscriptions received for that game less the prize fund;

pari‑mutuel prize game means a lottery game in which the prize paid to any winning participant depends on the size of the prize pool and the number of winning participants;

prize fund means a prescribed percentage of subscriptions (inclusive of any prize reserve) that is allocated for distribution among winning participants in a pari‑mutuel prize game;

prize liability means the amount needed in a fixed prize game to pay all winning entries in that game, in addition to prize reserve fund allocations as authorized by the permit.

(1) The following agency special purpose accounts are established under section 16 of the Financial Management Act 2006 —

(a) an account called the Sports Lotteries Account;

(b) an account called the Arts Lotteries Account.

(2) Of the net subscriptions received by the Commission in respect of lotteries conducted by it, the Commission shall pay during each year —

(a) 12.5% to such eligible organizations as the Commission thinks fit and the Minister approves for such approved purposes as the Commission thinks fit and the Minister approves; and

(b) 40% to the credit of the Consolidated Account for subsequent appropriation to the State Pool Account of the State established under the National Health Funding Pool Act 2012; and

(c) 5% to the credit of the Consolidated Account for subsequent appropriation to the Sports Lotteries Account established under subsection (1); and

(d) 5% to the credit of the Consolidated Account for subsequent appropriation to the Arts Lotteries Account established under subsection (1); and

(e) an amount not exceeding 5% —

(i) as recommended by the Commission and approved by the Minister to such body corporate as the Commission thinks fit and the Minister approves, for the purpose of funding incentives to undertake, or projects to facilitate the undertaking of, commercial film production in the State; and

(ii) as recommended by the Commission and approved by the Minister to The University of Western Australia or any other body corporate which is, at the time of the payment, administering or managing the Festival of Perth, for the purpose of assisting the funding of the Festival of Perth.

(2a) An amount equal to the amount credited to the Consolidated Account under subsection (2)(b) shall be —

(a) paid into the State Pool Account of the State established under the National Health Funding Pool Act 2012; and

(b) charged to the Consolidated Account.

(2b) An amount equal to the amount credited to the Consolidated Account under subsection (2)(c) shall be —

(a) credited to the Sports Lotteries Account established under subsection (1); and

(b) charged to the Consolidated Account.

(2c) An amount equal to the amount credited to the Consolidated Account under subsection (2)(d) shall be —

(a) credited to the Arts Lotteries Account established under subsection (1); and

(b) charged to the Consolidated Account.

(2d) This section appropriates the Consolidated Account for the purposes mentioned in subsections (2a), (2b) and (2c).

(3) The moneys paid into the State Pool Account of the State under subsection (2a) are to be applied in accordance with the National Health Funding Pool Act 2012 section 14*.*

(4) The moneys credited to the Sport Lotteries Account under subsection (2b) shall be distributed by or on behalf of the Minister for Sport and Recreation in such proportions and among such bodies engaged in the conduct of sport in the State as the Minister for Sport and Recreation thinks fit.

(5) The moneys credited to the Arts Lotteries Account under subsection (2c) shall be distributed by or on behalf of the Minister for the Arts in such proportions and among such bodies engaged in the conduct of cultural activities, and persons engaged in cultural activities, in the State as the Minister for the Arts thinks fit.

(6) The Minister for Sport and Recreation and the Minister for the Arts may for the purpose of deciding on the distribution of moneys under subsections (4) and (5) respectively consult such persons and bodies as they think fit and such persons or bodies may be paid, out of the moneys received in respect of lotteries conducted by the Commission under this Act, such remuneration and allowances as are determined by the Minister to whom the administration of this Act is for the time being committed by the Governor to be appropriate.

(7) The Minister for Sport and Recreation and the Minister for the Arts may, for the purpose of distribution of moneys under subsections (4) and (5) respectively, make use of such persons, bodies or departments of the Government as they think fit and such persons, bodies or departments shall be paid, out of the moneys received in respect of lotteries conducted by the Commission under this Act, such of the costs and expenses of that distribution as are determined by the Minister to whom the administration of this Act is for the time being committed by the Governor to be appropriate.

(8) The Minister shall carry out a review of the operation of subsection (2)(e) as soon as is practicable after the expiration of 3 years from the commencement of the Lotteries Commission Amendment Act 1992 and thereafter as soon as is practicable after the expiration of every period of 3 years from the date on which a report is laid before each House of Parliament in accordance with subsection (10).

(9) In the course of a review under subsection (8) the Minister shall consider and have regard to whether —

(a) the application by recipients of the payments made under subsection (2)(e) in the preceding 3 years has been appropriate; and

(b) the future continuation of the payments referred to in subsection (2)(e) is appropriate.

(10) The Minister shall prepare a report based on the review made under subsection (8) and as soon as is practicable after the preparation of the report shall cause it to be laid before each House of Parliament.

[Section 22 amended: No. 32 of 1992 s. 5; No. 6 of 1993 s. 4; No 74 of 1994 s. 5; No. 49 of 1996 s. 64; No. 26 of 1998 s. 18; No. 28 of 2006 s. 428; No. 77 of 2006 s. 4 and Sch. 1 cl. 103(3)‑(5); No. 8 of 2009 s. 89; No. 44 of 2012 s. 37.]

[23. Deleted: No. 26 of 1998 s. 19.]

24. Residual moneys, distribution of to organizations

The balance of moneys received by the Commission under this Act remaining after appropriate provision has been made for —

(a) deduction from the amount referred to in section 20(5) of the total expenses referred to in that subsection; and

(b) payment of the prize moneys; and

(d) payment of the remuneration and allowances referred to in section 22(6); and

(e) payment of the costs and expenses referred to in section 22(7); and

[(f) deleted]

(g) deduction of the moneys applied under section 20(6),

shall be distributed to such eligible organizations as the Commission thinks fit and the Minister approves for such approved purposes as the Commission thinks fit and the Minister approves.

[Section 24 amended: No. 32 of 1992 s. 7; No. 26 of 1998 s. 20.]

24A. Distribution of residual moneys to organizations: provisions relating to COVID‑19 pandemic

(1) In this section —

distributable balance means the balance of moneys referred to in section 24;

public authority means any of the following —

(a) a Minister of the Crown;

(b) an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1);

(d) a body or instrumentality, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State.

(2) This section applies despite anything in section 24.

(3) During the emergency period the distributable balance must be distributed to such eligible organizations and public authorities as the Commission thinks fit and the Minister approves.

(4) An eligible organization receiving money distributed under subsection (3) must apply the money to such approved purposes as the Commission thinks fit and the Minister approves.

(5) A public authority receiving money distributed under subsection (3) must apply the money to such purposes as the Commission thinks fit and the Minister approves.

(6) The schedule presented to each House of Parliament under section 26(1) at the end of each year must include, in respect of each public authority receiving money under subsection (3) during that year, a statement of the purposes to which it has applied or is to apply that money.

[Section 24A inserted: No. 15 of 2020 s. 8.]

25. Financial Management Act 2006 and Auditor General Act 2006, application of

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commission and its operations.

[Section 25 amended: No. 77 of 2006 Sch. 1 cl. 103(6).]

26. Annual report to Parliament of grants etc.; Minister entitled to information

(1) The Commission shall at the end of each year present to each House of Parliament a schedule setting out the names of all bodies, persons and eligible organizations to which money has been granted, and the amounts given in each case, during that year.

(2) For parliamentary purposes or for the proper conduct of the Minister’s public business, the Minister is entitled to have information in the possession of the Commission and to have and retain copies of documents.

(3) For the purposes of subsection (2) the Minister may —

(a) request the Commission to furnish information to the Minister;

(b) request the Commission to give the Minister access to information;

(c) for the purposes of paragraph (b) make use of the staff of the Commission to obtain the information and furnish it to the Minister.

(4) The Commission shall comply with a request under subsection (3) and make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.

(5) In this section —

document includes any data that is recorded or stored mechanically, photographically, or electronically and any tape, disc or other device or medium on which it is recorded or stored;

information means documents or other information relating to the functions of the Commission being information, as so defined, specified, or of a description specified, by the Minister;

parliamentary purposes means the purpose of —

(a) answering a question asked in a House of Parliament; or

(b) complying with a written law, or an order or resolution of a House of Parliament, that requires information to be furnished to a House of Parliament.

Part 5 — Miscellaneous

27. Offences

(1) A person who, with intent to defraud, takes, or by any fraudulent trick, scheme or device converts to that person’s own use, or to the use of any other person, any prize or moneys raised by a lottery, commits an offence.

(2) A person who, with intent to defraud —

(a) alters or falsifies any book, document, or voucher relating to a lottery; or

(b) makes or concurs in making any false or fraudulent entry in any book, document, or voucher relating to a lottery; or

commits an offence.

(3) A person who, without the written authority of the Commission, for fee or reward promotes or takes part in the formation of a syndicate to pay to participate in a lottery conducted by the Commission commits an offence.

(4) A person who commits an offence under this section is liable to a penalty of $5 000, or imprisonment for one year, or both.

[Section 27 amended: No. 26 of 1998 s. 21.]

28. Rules about conduct of lotteries etc.

(1) The Commission may make rules relating to the conduct under this Act of —

[(a), (b) deleted]

(i) the places at which different prizes or different amounts of prize money may be claimed; and

(ii) the publication of the names and addresses of all or any of the winners of prizes; and

(iii) the circumstances in which a ticket becomes void and therefore incapable of winning a prize; and

(iv) the circumstances in which the Commission may substitute a valid ticket for a ticket which is void; and

(v) the means by which tickets are to be delivered to the Commission; and

(vi) the procedure in accordance with which the second stage of an instant lottery is to be conducted.

(2) In the event of any inconsistency between rules made under subsection (1) and regulations made under section 29 or any conditions subject to which a permit is granted in respect of a lottery, those regulations or conditions shall prevail to the extent of that inconsistency.

(3) Without prejudice to the operation of the other provisions of the Interpretation Act 1984, section 43 of that Act applies to rules made under subsection (1).

[Section 28 amended: No. 26 of 1998 s. 22.]

29. Regulations

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to this Act.

30. Review of Act

(1) The Minister shall carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from its commencement, and in the course of that review the Minister shall consider and have regard to —

(a) the effectiveness of the operation of the Commission; and

(b) the need for the continuation of the functions of the Commission; and

(2) The Minister shall prepare a report based on the review made under subsection (1) and shall, as soon as practicable after the preparation thereof, cause the report to be laid before each House of Parliament.

31. Repeals

(1) The Lotteries (Control) Act 1954 is repealed.

(2) The Lotto Act 1981 is repealed.

(3) Division 3 of Part V of the Gaming Commission Act 1987 2 is repealed.

32. Transitional and savings

Schedule 2 has effect in relation to the repeals effected by section 31.

[33. Omitted under the Reprints Act 1984 s. 7(4)(e).]

34. Validation of soccer football pools conducted before 1 Jan 1991

The conduct of soccer football pools by the Commission before the coming into operation of this Act is hereby validated and declared to have been lawful to the extent that that conduct complied with the Gaming Commission Act 1987 2.

Schedule 1 — Provisions concerning members and the procedure of the Commission

[s. 5(4)]

[Heading amended: No. 19 of 2010 s. 4.]

Term of office of members

(1) A member shall be appointed for such term not exceeding 3 years as is specified in the member’s instrument of appointment and is eligible for reappointment.

(2) A member, unless the member sooner resigns, is removed from office or the member’s office otherwise becomes vacant under clause 2, shall continue in office until a successor comes into office, notwithstanding that the term for which the member was appointed may have expired.

When office becomes vacant

The office of a member becomes vacant if the member —

(a) resigns office by written notice addressed to the Minister; or

(b) is removed from office by the Minister on the grounds of misbehaviour, incompetence, or mental or physical incapacity impairing the performance of the member’s duties and proved to the satisfaction of the Minister; or

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d) is absent without leave of the Commission from 3 consecutive meetings of which the member has had notice.

[Clause 2 amended: No. 18 of 2009 s. 54.]

Remuneration of members

A member is entitled to such remuneration and other allowances as the Minister from time to time determines on the recommendation of the Public Sector Commissioner.

[Clause 3 amended: No. 39 of 2010 s. 89.]

Relationship to Public Service

The fact that a person is a member does not —

(a) 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

(b) affect or prejudice the application to that person of those provisions if they applied to that person when that person became a member.

[Clause 4 amended: No. 32 of 1994 s. 3(2).]

Validity of proceedings not affected by defect in appointment etc.

All acts and proceedings of the Commission or of any person acting under any direction of the Commission are, notwithstanding the subsequent discovery of any defect in the appointment of any member or defect in the constitution of the Commission, as valid as if the member had been duly appointed and as if the Commission had been properly constituted.

Protection from personal liability for members etc.

(1) No matter or thing done by the Commission, and no matter or thing done by a member or by any person acting under the direction of the Commission shall, if the matter or thing was done in good faith for the purposes of this Act, subject a member, or a person so acting, personally to any action, liability, claim or demand.

(2) Subclause (1) has effect subject to the Statutory Corporations (Liability of Directors) Act 1996.

[Clause 6 amended: No. 41 of 1996 s. 3.]

Meetings, procedure at etc.

The procedure for the calling of meetings of the Commission and the conduct of business at those meetings shall, subject to this Act, be as determined by the Commission.

Quorum; who presides; voting etc.

(1) Three members of the Commission form a quorum.

(2) At a meeting of the Commission —

(a) the chairperson; or

(b) in the absence of the chairperson, a person elected by the members present at the meeting from among their number,

shall preside.

(3) Questions arising at a meeting of the Commission shall be decided, in open voting, by a majority of the votes of members present.

(4) The person presiding at a meeting of the Commission has a deliberative vote and, if that vote has been exercised and there is an equality of votes, also has a casting vote.

Minutes

The Commission shall cause accurate minutes of each meeting of the Commission to be recorded and preserved.

Resolution may be passed without meeting

(1) A resolution in writing signed or assented to by letter, telex, facsimile transmission or lettergram by each member shall be as valid and effectual as if it had been passed at a meeting of the Commission.

(2) The chairperson shall report the passing of a resolution under subclause (1) to the next meeting of the Commission.

Leave of absence

The Commission may grant leave of absence to a member on such terms and conditions as it thinks fit.

Execution of documents by Commission

(1) A document is duly executed by the Commission if —

(a) the common seal of the Commission is affixed to it in accordance with subclauses (2) and (3); or

(b) it is signed on behalf of the Commission by the member or members or officer or officers of the Commission authorised by the Commission to do so.

(2) The common seal of the Commission shall not be affixed to any document except by resolution of the Commission.

(3) The common seal of the Commission shall be affixed to a document in the presence of the chairperson and another member, or the chairperson and an officer of the Commission authorised by the Commission either generally or in any particular case to do so, and each of them shall sign the document to attest that the common seal was so affixed.

(4) A document purporting to be executed in accordance with this clause shall be presumed to be duly executed until the contrary is shown.

(5) When a document is produced bearing a seal purporting to be the common seal of the Commission, it shall be presumed that that seal is the common seal of the Commission until the contrary is shown.

(6) All courts and persons acting judicially shall take notice of the common seal of the Commission.

Schedule 2 — Transitional and savings provisions

[s. 32]

[Heading amended: No. 19 of 2010 s. 4.]

Term used: commencement

In this Schedule —

commencement means the commencement of this Act.

Members as at 1 Jan 1991

The persons holding office as members of the Commission under the Lotteries (Control) Act 1954 immediately before the commencement shall upon the commencement be deemed to have been appointed members under section 5 of this Act and, subject to this Act, shall continue to hold office until the expiration of their terms of appointment and be eligible for reappointment.

Rules in force as at 1 Jan 1991

On and after the commencement any rule that is in force under the Lotteries (Control) Act 1954 or the Lotto Act 1981 immediately before the commencement shall, subject to this Act and in so far as it is not inconsistent with this Act, continue in force and be deemed to be a rule made by the Commission under section 28 of this Act.

Appointments etc. in effect as at 1 Jan 1991

Unless the contrary intention appears in this Act, all appointments, agreements, things and circumstances made or created by or under the Lotteries (Control) Act 1954, the Lotto Act 1981 or Division 3 of Part V of the Gaming Commission Act 1987 2 and existing or continuing immediately before the commencement shall, under and subject to this Act, continue to have the same status, operation and effect for the purposes of this Act as they had immediately before the commencement.

Gaming Commission Act 1987, transitional provisions as to

(1) A permit issued to the Commission under Division 3 of Part V of the Gaming Commission Act 1987 2 and which is in force immediately prior to the coming into operation of this Act shall be deemed to continue in force as if that permit were a permit issued by the Minister under section 11 of this Act in relation to the soccer football pool to which that permit refers for the period specified in that permit.

(2) A permit referred to in subclause (1) is renewable by way of a permit issued in accordance with this Act.

Interpretation Act 1984 not affected

The provisions of this Schedule do not prejudice or affect the application of the Interpretation Act 1984 to and in relation to the repeals effected by section 31 of this Act.

[Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).]

dline

Notes

This is a compilation of the Lotteries Commission Act 1990 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title	Number and year		Assent		Commencement
Lotteries Commission Act 1990	16 of 1990		31 Jul 1990		s. 1 and 2: 31 Jul 1990; Act other than s. 1 and 2: 1 Jan 1991 (see s. 2 and Gazette 28 Dec 1990 p. 6369)
Lotteries Commission Amendment Act 1992	32 of 1992		19 Jun 1992		17 Jul 1992
Financial Administration Legislation Amendment Act 1993 s. 4	6 of 1993		27 Aug 1993		27 Aug 1993 (see s. 2(2))
Lotteries Commission Amendment Act 1993	9 of 1993		24 Sep 1993		24 Sep 1993 (see s. 2)
Acts Amendment (Public Sector Management) Act 1994 s. 3(2)	32 of 1994		29 Jun 1994		1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Lotteries Commission Amendment Act 1994 3	74 of 1994		13 Dec 1994		13 Dec 1994 (see s. 2)
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996		28 Jun 1996		1 Jul 1996 (see s. 2)
Statutory Corporations (Liability of Directors) Act 1996 s. 3	41 of 1996		10 Oct 1996		1 Dec 1996 (see s. 2 and Gazette 12 Nov 1996 p. 6301)
Financial Legislation Amendment Act 1996 s. 64	49 of 1996		25 Oct 1996		25 Oct 1996 (see s. 2(1))
Trustees Amendment Act 1997 s. 18	1 of 1997		6 May 1997		16 Jun 1997 (see s. 2 and Gazette 10 Jun 1997 p. 2661)
Lotteries Commission Amendment Act 1998	26 of 1998		30 Jun 1998		s. 1 and 2: 30 Jun 1998; Act other than s. 1 and 2: 22 Jul 1998 (see s. 2 and Gazette 21 Jul 1998 p. 3825)
*Reprint of the Lotteries Commission Act 1990* as at 6 Aug 1999** (includes amendments listed above)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 17 Div. 6	28 of 2006		26 Jun 2006		1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 103	77 of 2006		21 Dec 2006		1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
*Reprint 2: The Lotteries Commission Act 1990* as at 23 Mar 2007** (includes amendments listed above)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 89	8 of 2009		21 May 2009		22 May 2009 (see s. 2(b))
Acts Amendment (Bankruptcy) Act 2009 s. 54	18 of 2009		16 Sep 2009		17 Sep 2009 (see s. 2(b))
Standardisation of Formatting Act 2010 s. 4	19 of 2010		28 Jun 2010		11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Public Sector Reform Act 2010 s. 89	39 of 2010		1 Oct 2010		1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Lotteries Commission Amendment Act 2012	21 of 2012		29 Aug 2012		s. 1 and 2: 29 Aug 2012 (see s. 2(a)); Act other than s. 1 and 2: 30 Aug 2012 (see s. 2(b))
National Health Funding Pool Act 2012 Pt. 8 Div. 2	44 of 2012		29 Aug 2012		28 Aug 2013 (see s. 2(b) and Gazette 27 Aug 2013 p. 4015)
*Reprint 3: The Lotteries Commission Act 1990* as at 2 Nov 2012** (includes amendments listed above except those in the National Health Funding Pool Act 2012)
Local Government Legislation Amendment Act 2016 Pt. 3 Div. 21		26 of 2016		21 Sep 2016		21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648)
Lotteries Commission Amendment (COVID‑19 Response) Act 2020		15 of 2020		20 Apr 2020		s. 1 and 2: 20 Apr 2020 (see s. 2(a)); Act other than s. 1 and 2: 21 Apr 2020 (see s. 2(b))

Other notes

1 Under the Public Sector Management Act 1994 s. 112(1), a reference to the Public Service Act 1978 is to be read as a reference to the Public Sector Management Act 1994. The reference was changed under the Reprints Act 1984 s. 7(3)(g).

2 Now known as the Gaming and Wagering Commission Act 1987.

3 The Lotteries Commission Amendment Act 1994 s. 4(2) reads as follows:

(2) Any payment made under the principal Act before the commencement of this Act is declared to be and to have always been as valid as it would have been if it were made after the commencement of this Act.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

approved purpose 19

chairperson 3(1)

closure day 16A(1)

commencement Sch. 2 cl. 1

Commission 3(1)

conduct 3(1)

designated authority 3(1)

distributable balance 24A(1)

document 26(5)

eligible organization 19

emergency circumstances 3B(1)

emergency period 3B(1)

entry form 3(1)

fixed prize game 22(1a)

game of lotto 3(1)

grant administration services 6(1A)

information 26(5)

instant lottery 3(1)

lottery 3(1)

member 3(1)

net subscriptions 22(1a)

pari‑mutuel prize game 22(1a)

parliamentary purposes 26(5)

permit 3(1)

prize fund 22(1a)

prize liability 22(1a)

public authority 24A(1)

soccer football pool 3(1)

sports lottery 3(1)

subscription 3(1)

ticket 3(1)

year 19

Western Australia

Lotteries Commission Act 1990

Western Australia

Lotteries Commission Act 1990

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

3A. Instant lottery tickets, meaning of instructions on 3

3B. COVID‑19 pandemic: emergency circumstances and emergency period 5

Part 2 — Constitution and administration of Commission

Commission continued; nature of body etc. 7
Members of Commission, appointment of etc. 7
Functions and powers of Commission 8

7A. Exemptions from s. 6(4) 9

Minister may give directions to Commission 10
Trading name or symbol, use of by Commission etc. 10

8A. Strategic development plan and statement of corporate intent, Commission to act under 11

8B. Strategic development plan and statement of corporate intent, preparation and content of etc. 11

8C. Directions by Minister under s. 8B(3), laying before Parliament 12

Staff 13

Part 3 — Conduct of lotteries

Permit to conduct lottery, Commission to obtain etc. 14
Commission’s powers to conduct permitted lotteries 15
Commission’s duties when conducting permitted lotteries 15
Prizes to be specified etc. 15
Prizes, payment of; evidence of winning entries 15

15A. Evidence of winning entries: provisions relating to COVID‑19 pandemic 16

Unclaimed prizes 17

16A. Unclaimed prizes: provisions relating to COVID‑19 pandemic 18

Fully subscribed lotteries, dealing with applications for tickets in 19
Selling etc. lottery ticket to person under 16, offence 19

Part 4 — Financial provisions

Terms used 20

Structure and corporate status. The Commission is preserved as a body corporate with perpetual succession and a common seal, capable of owning property, suing and being sued, and is an agent of the Crown (s 4(1)-(3)). Membership is six appointed members, with the Minister selecting the chairperson and being required to try to ensure relevant expertise is present on the Commission (s 5). Schedule 1 governs appointment terms, quorum, voting and member protections, including limitation of personal liability for acts done in good faith, subject to the Statutory Corporations (Liability of Directors) Act 1996 (Sch. 1 cl. 6).

Functions and commercial powers. The Act’s core statutory function is to conduct lotteries (s 6(1)(a)). The Commission may do all things necessary or convenient to perform that function (s 6(2)), including facilitating syndicate entries and purchasing entries to sell as syndicate shares (s 6(3A)). It may make agreements with designated authorities to conduct joint lotteries (s 6(3)(a)-(b)), and, with Ministerial approval and, for some contracts, the Treasurer’s concurrence, enter into contracts to provide consultancy, advisory or grant administration services to other bodies (s 6(3)(c); s 6(4)). The Act specifies that moneys received under such grant administration arrangements are not to be treated as Commission receipts for the purposes of ss 20 or 24, and details of those third‑party grants are not to be set out in the schedule required under s 26(1) (s 6(5)-(6)).

Permits, rules and conduct. The Commission must apply to the Minister for a permit for each lottery it proposes to conduct, giving at least 14 days’ notice and stating the subscription price and prize structure (s 10(1)-(2a)). It must make rules for the conduct of each lottery as a condition of any permit (s 10(3)-(4); s 28). Rules may cover places for claiming prizes, publication of winners’ names and addresses, what makes tickets void, substitution of tickets, delivery means and instant lottery second‑stage procedure (s 28(1)(c)(i)-(vi)). Regulations made under s 29 or permit conditions prevail over inconsistent rules (s 28(2)).

Financial allocations and constraints. The Act creates the Lotteries Commission Account into which lottery receipts and related investment returns are paid and from which Commission expenditure must be met (s 20(2)-(4)). The Commission must ensure total lottery operating expenses in any year do not exceed 25% of gross commissions and subscriptions (s 20(5)). Net subscriptions are defined and, by statutory formula, distributed: 12.5% to approved purposes via eligible organisations (with Minister approval), 40% to the Consolidated Account for later appropriation to the State Pool Account under the National Health Funding Pool Act 2012, 5% to the Sports Lotteries Account, 5% to the Arts Lotteries Account, and up to 5% for film and Festival of Perth assistance as recommended and approved (s 22(1a)-(2)(a)-(e)). The Act appropriates the Consolidated Account for the health and agency accounts created under s 22(1) (s 22(2a)-(2d)). Residual moneys after these deductions are to be distributed to eligible organisations approved by the Commission and the Minister (s 24).

Reporting and governance instruments. The Commission must prepare strategic development plans and statements of corporate intent at prescribed times and act in accordance with them (ss 8A-8B). Ministerial directions may be given about Commission functions and powers, generally or on particular matters, and must be complied with; however, directions may not relate to the statutory distribution of funds (s 7(1)-(2)). Directions and any direction given under regulations about strategic plans must be included in the Commission’s annual report (s 7(3); s 8C(4)). The Financial Management Act 2006 and Auditor General Act 2006 apply to the Commission’s financial administration and audit obligations (s 25).

Emergency modifications. The Act contains COVID‑19‑related provisions that define an emergency period and empower the Minister to vary it, and that modify evidentiary, unclaimed prize and distribution rules during the emergency period (ss 3B; 15A; 16A; 24A). Those provisions create alternative evidentiary pathways for prize claims, extend unclaimed prize periods for lotteries and instant lotteries for events occurring during defined dates, and temporarily allow distributions to public authorities as well as eligible organisations (ss 3B(1); 15A; 16A; 24A).

Compliance and enforcement concepts. The Act criminalises fraudulent conversion or falsification in connection with lotteries, and unauthorised syndicate promotion for a fee; penalties include fines and imprisonment (s 27). Selling tickets to children under 16 is a regulatory offence with a modest penalty (s 18). The Act permits the Governor to make regulations to give full effect to the legislation (s 29).

Taken together, these concepts create a statutory monopoly operator with detailed fiscal flows, constrained operating expense ratios, specified governance instruments and statutory reporting and audit obligations, while retaining ministerial oversight and certain statutory immunities.

Primary statutory actor. The Commission itself is the principal actor affected; the Act defines its corporate form, powers, duties, finance and governance obligations (ss 4-9; ss 20-26). Every requirement about permits, rules, financial accounts, investment, expense caps and reporting directly binds the Commission (ss 10, 20, 21, 20(5), 25-26).

Government actors. The Minister has appointment, supervisory and directional roles: appointing members (s 5), approving the Commission’s trading name (s 8), granting permits (s 10(3)), approving certain agreements and uses of residual balances (s 6(3)(c); s 20(6); s 24), receiving strategic documents and directions in annual reports (s 7(3); ss 8B-8C), and laying reports of statutory reviews (s 30). The Treasurer has a gatekeeping role for some contracts (s 6(4)) and must concur in regulations about strategic plans (s 8B(4)). The Minister for Sport and Recreation and Minister for the Arts are recipients of dedicated accounts and have discretionary distribution powers over their respective accounts (s 22(1)-(6)).

Third parties and counterparties. Designated authorities may be prescribed by the Governor for joint lotteries and will be counterparties to agreement‑based joint conduct (s 3(4); s 6(3)(a)-(b)). Bodies seeking funding under the Act are affected by the distribution regimes: eligible organisations and public authorities can receive funds under ss 22, 24 and, during the COVID emergency, 24A. Persons and bodies contracting with the Commission to provide services, including grant administration, consultancy or advisory services, are affected by ss 6(3)(c), 6(4) and 6(5)-(6), which impose governance and reporting constraints.

Retailers, authorised sellers and participants. Retailers and authorised sellers of tickets must comply with substantive rules made by the Commission under s 28 and with the prohibition on selling a ticket to a person under 16 (s 18). Participants in lotteries are affected by rules about evidence of winning entries, endorsement requirements and unclaimed prize periods (ss 15-16; s 15A; s 16A). Syndicate members and syndicate promoters face statutory constraints, including criminal liability for unauthorised syndicate promotion for reward (s 27(3)) and the Commission’s role in facilitating syndicates (s 6(3A)).

Auditors, accountants and compliance officers. The Commission is subject to the Financial Management Act and Auditor General Act, bringing standard public sector audit, reporting and financial management obligations to its operations (s 25). This affects internal controls, investments (s 21), bank account operation and overdraft permissions requiring Treasurer approval (s 20(3)-(4a)). The Commission must prepare schedules of grants to lay before Parliament annually (s 26(1)), which creates disclosure obligations.

Legal, regulatory and enforcement bodies. Prosecutions for fraud, falsification and other offences under s 27 will involve criminal enforcement agencies. Courts must take notice of the Commission’s common seal subject to Schedule provisions (Sch. 1 cl. 12(6)). The Statutory Corporations (Liability of Directors) Act 1996 interacts with member protection clauses (Sch. 1 cl. 6).

Cultural, sporting and health sectors. Statutory allocations designate material recurring funding flows to public health through a State Pool Account (40% of net subscriptions directed to the Consolidated Account, then appropriated; s 22(2)(b); s 22(2a)), to sport and arts accounts (each 5%; s 22(2)(c)-(d)), and to eligible organisations (12.5%; s 22(2)(a)). These allocations create predictable revenue streams for relevant sectors and set the Commission as a key financier for approved purposes.

Civil society and community organisations. Residual moneys after statutory deductions are directed to eligible organisations as approved by the Commission with Minister approval (s 24). During the emergency period created by s 3B, residual distributions may also be made to public authorities under s 24A, broadening recipients.

Financial market participants. The Commission may invest Account funds subject to Trustees Act‑style rules or Treasurer approval for classes of investment (s 21). Banks holding the Lotteries Commission Account must observe Treasurer approvals and the prohibition on unauthorised overdrafts (s 20(3)-(4a)).

In sum, the Act affects the Commission and a network of government decision‑makers, contractual counterparties, recipients of lottery funding, authorised retailers and participants, auditors and enforcement bodies, by prescribing governance, financial flows and operational constraints. The statutory allocations in s 22 and the expense cap in s 20(5) create hard budget lines that shape the incentives of the Commission and the expectations of sectors dependent on lottery funding.

Commission duties. The Commission’s primary statutory duty is to conduct lotteries subject to the Act and permit conditions (s 6(1)(a); s 13). It must manage its own finances, maintain Lotteries Commission Account banking arrangements approved by the Treasurer, apply moneys only for Act purposes, and not overdraw its accounts without Treasurer approval (s 20(1)-(4a)). It must ensure that total expenses in any year do not exceed 25% of gross commissions and subscriptions (s 20(5)). The Commission must prepare and act under a strategic development plan and statement of corporate intent, prepared and submitted at prescribed times (ss 8A-8B). The Commission must also make annual schedules to Parliament naming grant recipients and amounts (s 26(1)) and furnish information to the Minister on request (s 26(2)-(4)).

Permit and rule duties. Before conducting a lottery, the Commission must apply for a permit (s 10(1)), at least 14 days beforehand and including price, prize structure and prescribed particulars (s 10(2)-(2a)). A permit condition is that rules for the lottery have been made under s 28 (s 10(3)-(4)). The Commission must make and publish rules governing the conduct of lotteries, including prize claim places, voiding of tickets, delivery of tickets and publication of winners, with the caveat that inconsistent regulations or permit conditions prevail (s 28(1)(c); s 28(2)).

Financial duties concerning distributions. The Commission must pay statutory shares of net subscriptions each year: 12.5% to eligible organisations approved by the Commission and Minister, 40% ultimately to the State Pool Account under the National Health Funding Pool Act 2012 via the Consolidated Account, 5% to the Sports Lotteries Account, 5% to the Arts Lotteries Account, and amounts not exceeding 5% for film incentives and Festival of Perth assistance as recommended and approved (s 22(2)(a)-(e)). Residual funds after prize money, expenses, and mandated payments are to be distributed to eligible organisations with Minister approval (s 24). During the COVID emergency period, distributable balances may be paid to public authorities as well as eligible organisations (s 24A(3)).

Statutory rights of the Commission. The Commission has rights typical of a body corporate: hold and dispose of property, sue and be sued (s 4(2)). It is entitled to the status and immunities of the Crown as an agent (s 4(3)). It may buy lotto entries and sell syndicate shares (s 6(3A)), and make agreements with designated authorities for joint lotteries (s 6(3)(a)-(b)). It may enter into consultancy, advisory and grant administration contracts with Minister and Treasurer approvals where required (s 6(3)(c)-(4)). The Commission’s payment or delivery of a prize in accordance with s 15 constitutes full discharge even if the presenter’s entitlement is imperfect; the Commission need not satisfy itself of lawful entitlement or genuineness of signatures (s 15(2)-(5)).

Ministerial powers and participant rights. The Minister may appoint Commission members (s 5), grant or refuse permits (s 10(3)), give written directions about the Commission’s functions and powers which the Commission must give effect to (s 7(1)), but may not direct the Commission with respect to distribution of moneys under ss 22 and 24 (s 7(2)). Directions must be disclosed in the Commission’s annual report (s 7(3)). Participants have rights to claim prizes subject to rules on evidence and unclaimed prize periods (ss 15-16; s 15A; s 16A). The Act allows alternative forms of evidence during the COVID emergency period if entry presentation is impracticable (s 15A).

Employee and member rights. The Commission may appoint staff and engage contractors; terms for employees are set by the Commission after consultation with the Public Sector Commissioner and are subject to relevant awards and industrial agreements (s 9(1)-(3)). Members receive remuneration as determined by the Minister on the Public Sector Commissioner’s recommendation (Sch. 1 cl. 3). Members are protected from personal liability for acts done in good faith under the Act, subject to the Statutory Corporations (Liability of Directors) Act 1996 (Sch. 1 cl. 6).

Enforcement rights and obligations. The State retains criminal enforcement rights in relation to fraud, falsification and unauthorised syndicate promotion (s 27), and may pursue regulatory penalties for selling tickets to minors (s 18). Courts and persons acting judicially are to take notice of the common seal (Sch. 1 cl. 12), facilitating enforcement and transactional certainty.

Reporting and audit obligations. The Commission is subject to the Financial Management Act 2006 and Auditor General Act 2006 provisions governing financial administration, audit and reporting (s 25), and must include any ministerial or regulatory strategic directions in its annual report (ss 7(3); 8C(4)).

In short, the Act places detailed financial, procedural and reporting duties on the Commission, grants statutory rights typical of a Crown agent, restricts Ministerial direction over distributions, and establishes statutory allocations that create durable entitlements for health, sport, arts and approved community purposes.

Criminal and penal provisions. The Act criminalises several forms of dishonest conduct connected with lotteries. A person who, with intent to defraud, converts to their own use any prize or moneys raised by a lottery, or who by fraudulent device does so, commits an offence (s 27(1)). Similarly, making false entries, falsifying or omitting material particulars from lottery books, documents or vouchers with intent to defraud is an offence (s 27(2)). The Act also criminalises promoting or taking part in the formation of a syndicate to participate in a Commission lottery for fee or reward without the Commission’s written authority (s 27(3)). The maximum penalty for offences under s 27 is a $5,000 fine, imprisonment for one year, or both (s 27(4)). The statute therefore creates both monetary and custodial sanctions for fraud‑related conduct.

Regulatory penalties and offences. Selling or permitting the sale of a lottery ticket to a child under 16 years is an offence with a regulatory pecuniary penalty of $200 (s 18). That is a comparatively modest fine intended to enforce age restrictions on sales channels.

Enforcement mechanisms and evidentiary stance. The Commission’s own rules and permit conditions regulate much of the operational compliance environment (s 28). The Act gives the Commission broad discretion in prize payment procedures; the Commission may pay a prize on receipt of the winning entry or other evidence of participation and may accept alternative evidence if the ticket is lost (s 15(1)-(2)). The Commission is not obliged to verify lawful entitlement to possession of a presented ticket, the genuineness of signatures, or whether a claimant is an infant or under disability (s 15(3)). Payment by the Commission in accordance with s 15 constitutes full satisfaction and discharge to the Commission (s 15(5)). Those provisions limit the scope for subsequent recovery claims against the Commission once it has paid in good faith in accordance with the rules and s 15.

Accountability and audit. Financial governance and audit are enforced through application of the Financial Management Act 2006 and the Auditor General Act 2006 to the Commission (s 25), which imposes standard public sector control, reporting and audit obligations. Ministerial directions to the Commission must be included in the Commission’s annual report (s 7(3)), and strategic development directions given under regulations have parliamentary laying requirements and must be recorded in the Minutes or Votes and Proceedings of the Houses (ss 8B(3), 8C(1)-(3)). These procedural disclosure obligations create parliamentary oversight channels.

Civil remedies and extinguishment of claims. The Act extinguishes a participant’s right to recover a prize if not claimed within prescribed periods; for most lotteries the right is extinguished after 12 months from the date the result was publicly declared, and for instant lotteries 12 months after the last ticket in a lot was issued (s 16(1)-(2)). During the COVID emergency period, those limitation periods are extended for specific date ranges to 24 months for lotteries with results declared during the emergency period, and to a transitional date for results declared between 16 March 2019 and 15 March 2020 (s 16A(3)-(4)). Where the Commission has issued a cheque in payment, the prize is not regarded as claimed unless the cheque is presented for payment (s 16(4); s 16A(5)). These provisions create definitive statutory cut‑offs that bar late claims and protect the Commission’s ability to allocate unclaimed prizes.

Internal governance enforcement. Member protections and procedural rules in Schedule 1 include vacancy, resignation and removal procedures (Sch. 1 cl. 1-2), remuneration rules (Sch. 1 cl. 3), quorum and voting rules (Sch. 1 cl. 8), and minute‑keeping obligations (Sch. 1 cl. 9), with acts and proceedings preserved despite later discovery of appointment defects (Sch. 1 cl. 5). Member conduct is, however, subject to the Statutory Corporations (Liability of Directors) Act 1996 where applicable (Sch. 1 cl. 6).

Gatekeeping for contracting. The Commission cannot enter into contracts or arrangements to provide grant administration services to another person or body without the Treasurer’s concurrence; a contract made without that concurrence is void and unenforceable (s 6(3)(c); s 6(4)). The Minister with Treasurer concurrence may exempt a class of such contracts from s 6(4) by order, subject to parliamentary laying requirements (s 7A). This creates an administrative enforcement mechanism affecting third‑party contracting.

Summary of enforcement architecture. Enforcement under the Act is a mix of criminal sanctions for fraud and unauthorised syndicate promotion, civil extinguishment rules for late prize claims, administrative reporting and audit obligations enforced under public sector finance laws, ministerial oversight in appointments and directions, and Treasurer concurrence as a gatekeeper for certain contracts. The Commission’s own payment provisions and the statute’s extinguishment rules create bright lines that limit reopening of claims once the Commission acts in accordance with the Act and its rules.

Public sector financial and audit laws. The Act expressly subjects the Commission to the Financial Management Act 2006 and the Auditor General Act 2006 for financial administration, audit and reporting (s 25). That imports the public sector accountability, appropriation and audit frameworks and requires compliance with asset management, internal controls and audit processes under those Acts.

Crown status and liability regime. The Commission is an agent of the Crown and enjoys the status, immunities and privileges of the Crown (s 4(3)). Member protections are qualified by the Statutory Corporations (Liability of Directors) Act 1996; Schedule 1 cl. 6 provides protection from personal liability if the act was done in good faith, but subject to the 1996 Act (Sch. 1 cl. 6). This interacts with general Crown liability principles and statutory director liability frameworks.

Trust and investment law. The Commission’s investment powers for the Lotteries Commission Account refer to trust investment standards under Part III of the Trustees Act 1962 and permit other investments approved by the Treasurer (s 21). That places the Commission’s investment decisions in the legal context of trustee investment duties and Treasurer‑approved exceptions, bringing trustee‑style standards to bear.

Interplay with national health funding arrangements. Section 22(2)(b) mandates that 40% of net subscriptions be paid to the Consolidated Account for later appropriation to the State Pool Account established under the National Health Funding Pool Act 2012. Subsequent subsections (s 22(2a)-(2d)) appropriate the Consolidated Account accordingly and require the moneys to be applied under that Act’s s 14. This creates a statutory funding pipeline from state lotteries to national health funding mechanisms and imposes an inter‑legislative funding obligation.

Regulatory and permitting regime. The Act’s rule‑making powers (s 28) operate alongside regulations the Governor may make (s 29). Where inconsistencies arise, regulations or permit conditions prevail over Commission rules (s 28(2)). Regulations may also prescribe the form and content of strategic development plans and statements of corporate intent and may enable the Minister to give directions under s 8B(3), with parliamentary laying requirements (s 8B(2)-(3)). Those cross‑references mean the Commission’s internal rules operate within a hierarchy that includes regulations and permit conditions.

Transitional and repeals. The Act repeals the Lotteries (Control) Act 1954 and the Lotto Act 1981 (s 31), and Schedule 2 preserves existing rules and appointments, ensuring continuity. Schedule 2 also preserves permits in force under earlier legislation where applicable (Sch. 2 cl. 3-5).

Criminal law. Fraud, falsification and unauthorised syndicate promotion offences in s 27 operate within the general criminal law; prosecution and sentencing will follow criminal procedure laws. Selling tickets to under‑16s in s 18 is a regulatory offence with a specified monetary penalty.

Public sector and employment law. The Commission’s employment arrangements must be set after consultation with the Public Sector Commissioner and are subject to awards and industrial instruments; Senior Executive Service inconsistencies are resolved in favour of the Public Sector Management Act 1994 (s 9(2), (4)). The Public Sector Management Act and related instruments thus inform staff governance.

Local government interaction. Eligible organisations include local governments, regional local governments and regional subsidiaries (s 19). The Act’s allocations to eligible organisations therefore intersect with local government law and local government budgeting for funded projects. Amendments and commencement notes show later acts with local government consequences were enacted (compilation table).

Interpretation Act and subsidiary legislation rules. Provisions dealing with the laying of ministerial directions, orders and regulations reference the Interpretation Act 1984 and its subsidiary legislation controls (s 7A(4)-(5); s 28(3) cross‑ref). These interactions set the mechanics for parliamentary oversight of delegated instruments.

COVID‑19 response adjustments. The 2020 amendments embed emergency period mechanisms that allow deviations from normal requirements: extending unclaimed prize periods (s 16A), allowing alternative evidence for prize claims (s 15A), and permitting distributable balances to be paid to public authorities as well as eligible organisations (s 24A). The Minister’s power to vary the emergency period triggers publication and notice obligations, and those declarations are subject to s 8B and s 8C procedural treatment (s 3B(2), (4), (6); s 8B(3)).

In practice, the Act is not standalone: it imports trustee investment standards, public sector financial controls and audit regimes, national funding law for health, criminal law enforcement mechanisms, and standard interpretation and subsidiary legislation mechanics. Practitioners must therefore read the Act alongside the Financial Management Act 2006, Auditor General Act 2006, Trustees Act 1962, National Health Funding Pool Act 2012, Statutory Corporations (Liability of Directors) Act 1996 and relevant regulations and ministerial directions.

Compilation summary. The Act has been amended periodically since its commencement on 1 January 1991, with a compilation table setting out the principal amending Acts and dates (Compilation table). Key amendments have adjusted financial allocations, governance, and introduced COVID‑related temporary provisions.

Early and structural amendments. The Lotteries Commission Amendment Acts of 1992 and 1993 made early substantive changes; 1993 inserted section 3A clarifying the meaning of certain match‑three expressions on instant lottery tickets (s 3A), addressing interpretative disputes about prize descriptions. The 1994 and 1998 amendments made a range of technical and operational changes, including the deletion of obsolete provisions and insertion of new operational rules; the 1998 Act amended multiple sections including the permit and conduct provisions (see compilation table entries for 1992, 1993, 1994, 1998).

Financial and governance amendments. Amendments in the 2006 Machinery of Government and Financial Legislation packages (Pt 17 Div. 6 of the Machinery Act 2006 and Financial Legislation Amendment and Repeal Act 2006) inserted strategic development plan and statement of corporate intent requirements (ss 8A-8C) and brought the Commission further within the Financial Management Act framework (s 25 amendments), plus related parliamentary laying and reporting procedures (ss 8B-8C). These changes formalised performance planning and parliamentary oversight.

Contracting and concurrence changes. The Lotteries Commission Amendment Act 2012 inserted s 7A allowing Ministerial orders to exempt classes of contracts from the Treasurer concurrence requirement in s 6(4), and amended s 6 to clarify the treatment of moneys under grant administration arrangements and to authorise the Commission to recommend payments for film incentives (s 6(1A); s 6(5)-(6); s 22(2)(e)). The compilation table records the 2012 amendments with commencement in August 2012.

COVID‑era amendments. The Lotteries Commission Amendment (COVID‑19 Response) Act 2020 (No. 15 of 2020) introduced a suite of emergency provisions: s 3B defining emergency circumstances and the emergency period beginning 16 March 2020, s 15A enabling alternative evidence for prize claims where emergency circumstances make producing the physical ticket impracticable, s 16A extending unclaimed prize limitation periods for lotteries and instant lotteries tied to the emergency period, and s 24A temporarily broadening distributable balance recipients to include public authorities during the emergency period. These amendments were assented 20 April 2020 and commenced on 21 April 2020 for the main provisions (compilation table).

Other amendments and technical updates. The Act has been subject to a range of technical and consequential amendments across years, including changes linked to the Public Sector Management Act, local government law amendments in 2016, standardisation of formatting in 2010, and adjustments to member appointment rules to reflect bankruptcy provisions in the Interpretation Act (Sch. 1 cl. 2, amended by Acts cited in compilation table). The compilation table lists the Lotteries Commission Amendment Act 2012, National Health Funding Pool Act 2012 (which affected s 22 and timing of health account flows), and other technical acts up to 2020.

Repeals and transitional provisions. The Act repealed the Lotteries (Control) Act 1954 and the Lotto Act 1981 (s 31) and included Schedule 2 preserving rules, appointments and permits extant at commencement (Sch. 2). A validation provision preserves soccer pools conducted before 1 January 1991 to the extent they complied with the Gaming Commission Act 1987 (s 34).

Practical takeaway. Practitioners must consult the compilation table, the text of amending Acts listed therein, and the current reprint to understand the present statutory landscape. Significant themes across amendments are tightening of public sector oversight (Financial Management and Auditor General Acts), introduction of strategic planning obligations (2006), introduction of Treasurer concurrence and an exemption mechanism for contracting (2012), and temporary COVID‑related flexibility for evidence, timing and distributions (2020). The statutory allocation to the National Health funding mechanism arose via the National Health Funding Pool Act interaction commencing in 2013 per the compilation table entries for 2012/2013.

No cases named in the statute or included in the Act’s text. The provided compilation and notes do not identify litigation decisions interpreting the Act. The Act itself contains provisions that may give rise to future litigation or disputes , for example, civil claims arising from prize payment disputes, challenges to administrative decisions on permits or distributions, contract disputes where Treasurer concurrence is claimed to be absent, or prosecutions under the criminal provisions in s 27 , but the statute as provided does not cite any precedent or reported decisions.

What the statute enables that could generate litigation. The Act establishes a number of legal positions likely to be litigated in practice. Examples of litigable questions, drawn from the Act’s text, include:

The extent of the Commission’s discretion to refuse a permit, and whether the Minister’s grant or refusal under s 10 is subject to administrative law standards such as reasonableness or jurisdictional error. The Act gives the Minister power to grant or refuse a permit and to impose conditions (s 10(3)), but does not itself set out procedural review mechanisms; judicial review principles under the Administrative Decisions (Judicial Review) Act or state equivalents would therefore be likely applied.
The interpretation of what constitutes adequate evidence of a winning entry where a ticket is lost; ss 15 and 15A create Commission discretion to accept alternative evidence, but disputes could concern the reasonableness of refusal or the sufficiency of evidence relied upon by the Commission.
The Commission’s compliance with the 25% expense cap in s 20(5). Potential disputes could involve whether certain expenses are properly attributable to lotteries, and whether the calculation of gross commissions and subscriptions is correct.
The Commission’s distributions and the interplay with Ministerial approval, especially where s 7(2) forbids Ministerial directions about distribution but s 6(3)(c) and s 24 require Ministerial approval for some payments; litigation could arise over whether an action constitutes an impermissible direction or an authorized approval.
Contract validity where Treasurer concurrence is absent. Section 6(4) makes certain contracts void and unenforceable without the Treasurer’s concurrence. Disputes could question whether concurrence was required, whether it was given, or whether an exemption under s 7A applies.
Application of COVID‑era provisions, such as the emergency period declarations under s 3B and the consequent reliance on s 15A and s 16A, could prompt litigation if parties dispute whether emergency circumstances made normal obligations impracticable, or whether Ministerial declarations were validly made and published.

Absence of reported decisions. Because the statute provided does not include cases, practitioners should search Westlaw, LexisNexis, AustLII and State reports for decisions that engage with the Lotteries Commission Act 1990 or its provisions in disputes about prize claims, distributions, contracts or regulatory enforcement. The Act directs a number of administrative and financial actions which, in practice, tend to generate litigation in areas such as procurement, administrative law and contract challenges.

Precaution for litigators. Where litigation is contemplated, relevant documents include permits, Commission rules under s 28, ministerial directions and their annual report disclosures (s 7(3)), Treasurer concurrence records for contracts (s 6(4)), the Commission’s strategic development plan and statement of corporate intent (ss 8A-8B), financial statements subject to Auditor General audit (s 25), and any orders or exemptions made under s 7A. The COVID‑era declarations made under s 3B and their publication history are also relevant for disputes invoking s 15A, s 16A or s 24A.

In the absence of named cases in the Act text, practitioners must rely on primary sources, administrative records and the general administrative, contract and criminal law frameworks when preparing litigation or advice connected with this statute.

Payment is a discharge; verification is limited. When the Commission pays a prize in accordance with s 15, that payment constitutes “full satisfaction by, and a full and valid discharge to, the Commission” (s 15(5)). The Commission is not obliged to verify entitlement, genuineness of signatures, or whether a claimant is an infant (s 15(3)). Practically, this caps the Commission’s post‑payment exposure, but it also means claimants should take care before accepting Commission payment if they may lack entitlement, and third parties should note that the Commission’s payment extinguishes its liability.

Cheque not equal to claim. A prize is not regarded as claimed where a cheque issued by the Commission has not been presented for payment (s 16(4); s 16A(5)). A claimant cannot rely on an issued cheque as completing a claim if it remains unpresented; the unclaimed prize extinguishment clock runs accordingly.

Expense cap constrains acquisition and marketing budgets. The Commission’s total expenses in any year, including add‑on commissions payable to authorised retailers and members’ allowances, must not exceed 25% of gross commissions and subscriptions (s 20(5)). This statutory cap constrains operational and marketing spend; decisions to increase retailer commissions, expand advertising or pay consultants must be considered against the cap or require changes in revenue to avoid cutting residual distributions.

Treasurer concurrence creates contract risk; exemptions are limited and parliamentary oversight required. Contracts to provide services including grant administration to others require the Treasurer’s concurrence and are void and unenforceable without it (s 6(4)). The Minister can exempt classes of contracts from s 6(4) with Treasurer concurrence by order, but the order must be laid before Parliament within six sitting days and certain Interpretation Act provisions apply (s 7A). Contracts entered without realizing concurrence was required may be void; practitioners must check concurrence documentation.

Ministerial directions broad but distribution insulated. The Minister may give directions about the Commission’s functions and powers which the Commission must implement (s 7(1)); however, s 7(2) prohibits directions about distribution of moneys under ss 22 and 24. This split means administrative control is broad but financial distribution formulas are statutorily ring‑fenced. Confusion can arise where Ministerial guidance appears to affect distributions indirectly; that may trigger legal scrutiny.

Rules subordinated to regulations and permit conditions. Commission rules under s 28 can be overridden by regulations or permit conditions (s 28(2)). Where a dispute exists between a rule and a regulation or permit condition, the latter prevails. Practitioners must check the entire legislative and regulatory hierarchy rather than relying only on Commission rules.

Instant lottery wording clarified and cannot be read down. Section 3A expressly defines several common instant ticket phrases such as “match 3 money amounts” as requiring three identical amounts, not three pairs of amounts; it states these meanings “does not include, and has never included” pair‑matching variations (s 3A(1)(a)-(g)). That statutory clarification prevents creative interpretations of instant ticket‑language and limits avenues for prize claims based on alternative match constructions.

Unclaimed prize periods and COVID‑era extensions. Normal unclaimed prize limitation is 12 months after public declaration of result, or for instant lotteries 12 months after closure day (s 16(1)-(2)). The COVID‑era provisions change those dates significantly for lotteries with results declared in the specified date ranges, extending the claim period to 24 months for lotteries declared during the emergency period and to specific transitional dates for earlier draws (s 16A(3)-(4)). Practitioners must carefully map declaration and closure dates against s 16A timelines to determine claimability.

Alternative evidence permitted only when “not reasonably practicable”. Section 15A enables the Commission to accept alternative evidence during the emergency period if it is satisfied that emergency circumstances make it not reasonably practicable for a participant to provide the physical ticket (s 15A(2)). That satisfaction is a Commission decision; claimants should be prepared to supply whatever alternative evidence the Commission’s rules specify, including copies, attestations and identity evidence (s 15A(3)).

Distribution mechanics are prescriptive and partly appropriated. Section 22 prescribes allocations of net subscriptions and creates agency special purpose accounts; subsection 22(2a)-(2d) establishes the appropriation mechanism for health and agency accounts. Practitioners should note that the 40% health allocation is not merely a recommendation; it is a statutory appropriation mechanism linked to the National Health Funding Pool Act 2012. That reduces the Commission’s discretionary residual pool and shapes stakeholders’ expectations.

Commission as Crown agent affects remedies and immunities. The Commission “enjoys the status, immunities and privileges of the Crown” (s 4(3)). That may affect remedies available to third parties in some contexts; counsel should check how Crown immunity doctrines apply in the State context and how the Statutory Corporations (Liability of Directors) Act modifies member protections.

Minor penalty for under‑16 sales. The fine for selling a ticket to a person under 16 is $200 (s 18). The low monetary amount may understate regulatory risk when considered alongside reputational and contractual consequences for retailers; compliance systems should nonetheless address the age‑restriction requirement.

Recordkeeping and disclosure obligations. The Commission must present an annual schedule to Parliament listing all grant recipients and amounts (s 26(1)), and provide information to the Minister on request (s 26(2)-(4)). This creates transparency but also requires robust records, and raises confidentiality considerations when contracts require third‑party confidentiality while s 26(6) states that details of grants made by third parties under grant admin contracts are not to be set out in the schedule (s 6(6)).

Taken together, these “gotchas” identify places where apparently simple operational choices interact with statutory constraints that can produce legal, financial and reputational consequences.

Governance and documentation

Maintain statutory registers and corporate records. Ensure Schedule 1 requirements for minutes, resolutions by written assent and minutes preservation are observed (Sch. 1 cl. 9-10). Keep records of member appointments, terms, resignations and absences, and document remuneration determinations (s 5; Sch. 1 cl. 1-3).
Prepare and operationalise strategic documents. Produce and submit strategic development plans and statements of corporate intent at prescribed times, and ensure operations conform to them (ss 8A-8B). Where regulations enable Ministerial directions under s 8B(3), ensure prompt laying before Parliament and inclusion in the annual report (ss 8B(3); 8C(4)).

Permits, rules and operational procedures

Permit applications. File permits with at least 14 days’ notice and include subscription price, prize structure and prescribed particulars (s 10(1)-(2a)). Treat permit conditions as binding; ensure a rule exists for every lottery as required by s 10(4).
Rules and hierarchy. Draft rules under s 28 covering ticket delivery, voiding circumstances, prize claim places, publication of winners and instant lottery second‑stage procedures. Check for and reconcile any inconsistencies with regulations or permit conditions because regulations and permit conditions prevail (s 28(2)).

Financial management, investments and account controls

Lotteries Commission Account. Operate banking accounts approved by the Treasurer for the Lotteries Commission Account and do not overdraw without Treasurer approval (s 20(3)-(4a)). Keep precise ledgers separating receipts from Commission‑controlled moneys and any third‑party grant moneys administered under contract (s 6(5)).
Expense cap monitoring. Establish financial controls and planning to ensure total lottery operating expenses do not exceed 25% of gross commissions and subscriptions in any year; include retailer add‑on commissions and members’ allowances in the calculation (s 20(5)). Model multiple scenarios to avoid breaching the cap and to plan distributions.
Investments. For temporary investments, apply trustee‑standard governance consistent with Part III of the Trustees Act 1962, or seek Treasurer approval for other investment classes (s 21). Document investment policy, risk tolerance and Treasurer approvals where applicable.

Distribution and grant processes

Statutory allocations. Automate the statutory payments required by s 22: 12.5% to eligible organisations with Minister approval, 40% to the Consolidated Account for the State Pool Account, 5% to Sports Lotteries Account, 5% to Arts Lotteries Account, and up to 5% for film/Festival of Perth subject to Commission recommendation and Minister approval (s 22(2)). Reconcile transfers to ensure accounting reflects s 22(2a)-(2d) appropriation mechanics.
Residual distribution approvals. Develop an approvals workflow to secure Ministerial approval for distributions of the balance under s 24. Maintain documentation of eligible organisation status per s 19 definitions and require recipients to certify application of funds for approved purposes (s 24A(4)-(5) when applicable).
Grant administration contracts. If entering contracts to provide grant administration services under s 6(3)(c), obtain the Treasurer’s concurrence when required; record concurrence documentation to avoid a void contract (s 6(4)). Consider applying for an exemption order under s 7A where a class‑wide approach is justified; note the order must be laid before Parliament and that Interpretation Act processes apply (s 7A).

Prize payment and claims

Prize claim procedures. Implement clear rules for evidence requirements and endorsement of tickets (s 15(1)). For lost tickets, implement a verification and attestation regime aligned with s 15(2) and the specific alternative evidence forms authorised by s 15A(3) during the emergency period.
Cheque and electronic payments. Record and monitor cheque issuance and presentation because unpresented cheques do not amount to a claimed prize for limitation purposes (s 16(4); s 16A(5)). For electronic payments, maintain traceable records showing transfer completion and claimant acceptance.

Compliance with emergency provisions

Emergency period protocol. If relying on COVID‑era provisions, ensure a Ministerial declaration under s 3B(2) has been made, that notice is given to the Commission and published in the Gazette and for public information as required (s 3B(4)). Only accept alternative evidence for prize payment where the Commission is satisfied emergency circumstances make ticket production not reasonably practicable (s 15A(2)-(3)).

Reporting, audit and ministerial interaction

Annual reporting. Include ministerial directions, strategic directions laid under s 8B and any variations of the emergency period in the annual report as required (s 7(3); s 8C(4)). Prepare and present the schedule of grants to Parliament listing recipients and amounts (s 26(1)).
Audit readiness. Ensure compliance with the Financial Management Act 2006 and Auditor General Act 2006 requirements, maintain internal controls, contemporaneous documentation of decisions and financial transactions, and be responsive to Auditor General inquiries (s 25).

Operational risk controls and training

Retailer compliance. Train authorised retailers on age checks, ticket handling and record keeping to avoid the $200 penalty for selling to under‑16s (s 18). Include retailer commission calculations into the expense cap monitoring system.
Anti‑fraud controls. Implement controls to detect and deter conversion, falsification and fraudulent entries; maintain segregation of duties, reconciliation processes and internal audit coverage to reduce risk of s 27 offences. Record retention policies should be robust to support investigations.

Legal and procurement steps

Legal clearances for contracts. Before entering contracts for grant administration or other services, check whether Treasurer concurrence is needed and obtain it; retain written concurrence. Where the Commission purchases lotto entries or sells syndicate shares, document the purchase, allocation and recordkeeping for any held shares that may become winning entries (s 6(3A); s 15(4)).
Review of rules and regulations. Have counsel review Commission rules for consistency with regulations and permit conditions, and review any Ministerial directions for scope and parliamentary disclosure obligations.

Data, privacy and publication

Publication of winners. Where rules permit publication of winners’ names and addresses (s 28(1)(c)(ii)), ensure compliance with privacy law and consider consent mechanisms and data redaction policies.

Checklist summary

Obtain and retain permit documentation compliant with s 10; ensure rules exist per s 28.
Implement finance systems to track statutory allocations under s 22 and to respect the 25% expense cap per s 20(5).
Secure Treasurer concurrence where s 6(4) requires it; document any s 7A exemptions.
Prepare strategic plan and statement of corporate intent and act under them (ss 8A-8B).
Maintain auditor‑ready financial records and include ministerial directions in annual reporting (ss 7(3); 25; 26).
Adopt claims procedures that reflect s 15, s 15A, s 16 and s 16A.
Train retail network on age restrictions and recordkeeping (s 18).

Following these steps aligns operational practice with statutory duties and reduces the risk of administrative, financial and criminal exposure under the Act.

Deep Dive

What it does

Current sections