Acts Amendment (Trade Promotion Lotteries) Act 1983 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT (TRADE

PROMOTION LOTTERIES).

No. 21 of 1983.

AN ACT to amend The Criminal Code, the Police Act 1892-1982 and the Lotteries (Control) Act 1954-1982.

[Assented to 22 November 1983.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

(Trade Promotion Lotteries) Act 1983.

No. 21.] Acts Amendment (Trade [1983.

Promotion Lotteries).

PART II-THE CRIMINAL CODE.

Citation.

Reprinted	2.	In this Part, "the Code" means The Criminal
as approved

8 December	Code set out in the Schedule to the Criminal Code
1978;
amended by	Act 1913 appearing in Appendix B to the Criminal
Acts Nos. 67,
88 and 107	Code Act Compilation Act 1913.
of 1979, 96 of 1980. 52, 103, 116 and 118 of 1981 and 10, 20 and
108 of 1982.
Section 212

amended. 3. Section 212 of the Code is amended

(a) in the second paragraph by inserting after "otherwise howsoever" the following-

, but does not include a trade promo-

tion lottery "; and

(b) by inserting after the second paragraph the following paragraph

C c

For the purposes of the preceding paragraph a "trade promotion lottery" is a lottery, as defined in that para- graph, to promote the sale of goods or the use of services, in which every participant takes part

(a) without cost to him; or

(b) by reason of the purchase of goods or the use of services, the cost of which is no more than the cost would be without the opportunity to take part in the lottery. ".

PART III-POLICE ACT 1892-1982.

Citation.

Reprinted	4. (1) In this Part, the Police Act 1892-1982 is
as approved

18 April 1983 referred to as the principal Act.

(2) The principal Act as amended by this Act

may be cited as the Police Act 1892-1983.

1983.1 Acts Amendment (Trade [No. 21.

Promotion Lotteries).

Section 8411

5. Section 84H of the principal Act is amended amended.

(a) by deleting "84H." and substituting the following-

" 84H. (1) "; and

(b) by inserting, after subsection (1), the following subsection

IC (2) In subsection (1) of this section

"lottery" does not include a trade promotion lottery as defined in section 212 of The Criminal Code. ".

Section 85

6. Section 85 of the principal Act is amended in

subsection (4) by inserting, after paragraph (a), the

following paragraph-

amended.

" (aa) is a trade promotion lottery as defined

in section 212 of The Criminal Code; ".

PART IV-LOTTERIES (CONTROL) ACT 1954-1982.

Citation.

7. (1) In this Part, the Lotteries (Control) Act Reprinted

1954-1982 is referred to as the principal Act.	as approved19 April 1979:
amended by Acts Nos. 103
(2) The principal Act as amended by this Act may be cited as the Lotteries (Control) Act	24 and 72
of 1981 and
or 1982.
1954-1983.
Section 4
8. Section 4 of the principal Act is amended in subsection (1), in the definition of "lottery", by deleting "but does not include a game of lotto within the meaning of the Lotto Act 1981" and substituting the following-	amended.

" but does not include

(a) a game of lotto within the meaning of the Lotto Act 1981; or

No. 21.] Acts Amendment (Trade [1983.

Promotion Lotteries).

(b) except in section 23 (1) (a), (b), and (d) of this Act, a trade promotion lottery as defined in section 212 above-mentioned ".