33Sharing of duty with participating areas

#### 33 Sharing of duty with participating areas 33 Sharing of duty with participating areas > > (1) In this section, participating area, in relation to any class or description of public lotteries, means any State, Territory or country declared under subsection (2) to be a participating area for the purposes of this section in relation to public lotteries of that class or description. > > > (2) The Minister may, by order published in the Gazette, declare to be a participating area for the purposes of this section any State, Territory or country in which it is lawful to conduct public lotteries of any class or description under this Act. > > > (3) Out of any duty received by the Treasurer under this Division, the Treasurer may, in respect of a participating area, pay in accordance with subsection (4) such proportion as the Treasurer may from time to time determine of— > > > > > (a) so much of the duty as, in the opinion of the Treasurer, was paid to the Treasurer in respect of— > > > > > > > (i) subscriptions paid to any person in that participating area, being subscriptions to any public lottery in respect of which the area concerned is a participating area, or > > > > > > > (ii) player loss incurred in relation to a person who subscribed to the lottery in a participating area, and > > > > > (b) any additional duty that, in the opinion of the Treasurer, was paid to the Treasurer and is attributable to the late payment of the portion of any duty referred to in paragraph (a). > > > (4) Nothing in subsection (3) prevents the Treasurer, in respect of a participating area, from determining to pay the whole of the duty referred to in subsection (3) (a) and the whole of any additional duty referred to in subsection (3) (b). > > > (5) Any payment that may be made under subsection (3) in respect of a participating area must be made to such person, on behalf of the State, Territory or country that is the participating area, as the Minister considers appropriate. > > > (6) Any payment that may be made under or in accordance with subsections (3) and (5) may be made without further authority than those subsections. > > **s 33:** Am 2000 No 44, Sch 7 \[4\].