Gaming Commission Amendment Regulations 1993 (WA)

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11 May 1993] GOVERNMENT GAZETTE, WA 2397

11A('ING :14.ND GAMING

RA301

GAMING COM:MISSION ACT 1987

GAMING COMMISSION AMENDMENT REGULATIONS 1993

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Gaming Commission Amendment Regulations

1993.

Principal regulations

2. In these regulations the Gaming Commission Amendment Regulations 1988* are
referred to as the principal regulations.

[*published in the Gazette of 29 April 1988 at pp. 1295-304. For amendments to 23 March 1993 see 1991 Index to Legislation of Western Australia p. 342 and Gazettes of 27 March and 4 August 1993.1

(c) printing; and

Regulation 28 amended

3. Regulation 28 of the principal regulations is amended—

(a) in paragraph (a) (i) by deleting "tickets or";
(b) in paragraph (b) by deleting "ticket,"; and
(c) in paragraph (c) by deleting "tickets or".

Regulations 28A, 28B and 28C inserted

4. After regulation 28 of the principal regulations the following regulations are

inserted—

" Expenses

28A. (1) The expenses of conducting a standard lottery shall not exceed 60%

of the value of chances sold or allocated.

(2) For the purposes of this regulation—

(a) prizes;
(b) selling commission or salary;
2398 GOVERNMENT GAZETTE, WA [11. May 1993

Value of Chances

28B. The total value of chances to be sold or allocated in a lottery shall not

exceed 5 times the retail value of the prizes.

Unsolicited lottery chances

28C. No chance in a lottery, whether represented by the issue of a ticket in that lottery or allocated in the form of a lucky number or in any other way, shall be sent, posted or allocated to any person for the purposes of sale to or by that person unless that person has previously consented to either buy or sell that chance. ".

Regulation 29 substituted

5. Regulation 29 of the principal regulations is repealed and the following regulation

substituted—

Completion date for drawing

29. (1) A permit holder shall complete the drawing of a standard lottery within

14 days of the closing date of the lottery, unless the Commission authorizes a
longer time period in the permit for that lottery.

(2) Where under section 104 (3) of the Act the Commission permits a permit holder to postpone the closing date of a standard lottery, the permit holder shall cause the new closing date to be published in the issue of the publication in which the results were to have appeared. ".

Regulation 30B inserted

6. After regulation 30A of the principal regulations the following regulation is

inserted-

Purchase of chances by organizations

30B. (1) A body on behalf of which or for the purposes of which a standard lottery is conducted or a person acting on behalf of that body shall not purchase or otherwise acquire a chance in that standard lottery.

(2) Where a chance in a lottery is purchased or otherwise acquired by a body on behalf of which or for the purposes of which a standard lottery is conducted or by a person acting on behalf of that body, that chance shall be ineligible for any prize in that lottery. ".

Regulation 38A inserted

7.  After regulation 38 of the principal regulations the following regulation is inserted—

Offences related to permitted lotteries

38A. (1) A person who conducts a permitted lottery otherwise than in accordance with any condition imposed in respect of the permit commits an offence.

Penalty: $500

(2) A person who conducts a standard or continuing lottery other than in

accordance with—
(a) the regulations; or
(b) a condition imposed by or under the regulations,

commits an offence.

Penalty: $500 "

Schedule 2 amended

8. Schedule 2 to the principal regulations is amended by inserting in the Table headed "Prescribed Penalties Under Section 36 (1)" after the item commencing "95 (4)" the following—

it

Modified

Regulation Description of offence Penalty

38A (1)

Conducting a permitted lottery oth- erwise than in accordance with a permit

$100

38A (2) Conducting a standard or continuing $100
lottery otherwise than in accordance
with the regulations
11 May 19931 GOVERNMENT GAZETTE, WA 2399

Schedule 4 amended

9. Schedule 4 to the principal regulations is amended in Part 2, Division 1—

(a) by repealing rule 1 and substituting the following rule—

Chance numbers

1. Chances shall—

(a) not exceed the total number authorized by the permit; and
(b) be numbered consecutively, whether issued in the form of tickets

or allocated in the form of lucky numbers or otherwise. ";

(b) in rule 2—
(i) by inserting after the rule designation "2." the subrule designation 44 ( 1) //;
(ii) in subrule (1) by inserting after "Each" the following—

chance in the form of a "; and

(iii) by inserting after subrule (1) the following subrule—

(2) Where the chance is not in the form of a ticket, the information required under subrule (1) shall be printed on the document used by the purchaser of the chance to make that purchase. ";

(c) by inserting after rule 2 the following rule—

Means of identifying the holder of a chance

2A. To identify the holder of a chance—

(a) where a ticket is issued, each ticket butt must record—
(i) the surname of the person intended to collect the prize; and
(ii) the postal or residential .address of that person;

Or

(b)

if the chance is allocated otherwise than by the issue of a ticket, the information referred to in paragraph (a) (i) and (ii) may be recorded in a register and manner approved by the Commis- sion. ";

(d) in rule 3—
(i) by deleting "named in the ticket" and substituting the following—

printed in accordance with rule 2 "; and

(ii)in paragraph (a) by deleting "ticket" and substituting the following—

chance ";

and

(e) by inserting after rule 3 the following rule—

Order in which prizes are to be drawn

4. When a standard lottery is drawn, prizes shall be awarded as follows—
(a) the first chance drawn shall win the first prize;
(b) the second chance drawn shall win the second prize;
(c) the third chance drawn shall win the third prize; and
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