Instant Lottery Rules 1990 (WA)

28 September 19901 GOVERNMENT GAZETTE, WA 5047

L0301

LOTTERIES (CONTROL) ACT 1954
INSTANT LOTTERY RULES 1990

Made by the Lotteries Commission under section 10B.

PART 1—PRELIMINARY

Citation
1. These rules may be cited as the Instant Lottery Rules 1990.

Interpretation

2.

(1) In these rules, unless the contrary intention appears— "closing date", in relation to a ticket in an instant lottery, means a closing

date fixed by the Commission under rule 9 (1) for the delivery to it of

tickets in that lottery for inclusion in a superdraw;

"head office" means the head office of the Commission;
"instant prize" means an entitlement to a prize that is ascertained when

the holder of a ticket removes from the surface of the ticket the opaque material covering the amounts, pictures, figures, letters or other symbols printed on the ticket;

"name and address" means the surname, initials, and residential or postal address of a person;
"selling point" means—

(a) an office of the Commission at which a ticket may be

(e) has been misprinted;

purchased; or

(b) the place of business of an agent;

"superdraw" means a draw conducted in the second stage of an instant

lottery;

"ticket" means an instant lottery ticket.

(2) In these rules a reference to a ticket that is not void and incapable of winning a prize includes a reference to a ticket that has not been determined by the Commission under rule 5 to be void and incapable of winning a prize. Application

3. These rules only apply to, and in relation to, instant lotteries.

PART 2—VOID AND VOIDABLE TICKETS

Void tickets

4. A ticket is void and incapable of winning a prize if the ticket—

(a) has a number under the "void if removed" panel that is missing,

incomplete, obliterated, or illegible;

(b) has on it or contains information, other than information referred to

in rule 8, that has been altered in any way;

(c) has the words "void" or "specimen" marked under the "void if removed"

panel;

(d) has been stolen from the Commission or an agent;

5048 GOVERNMENT GAZETTE, WA [28 September 1990

(f)	is counterfeit; or
(g)	has been reconstituted by joining 2 or more portions of tickets together

to produce another ticket.

Tickets voidable at the discretion
of the Commission

5. (1) The Commission may, if it thinks fit, determine that a ticket is void and incapable of winning a prize if the ticket—

(a)	has been damaged or mutilated;
(b)	has a portion of the ticket (other than a number under the "void if

removed" panel) missing;

(c) does not, for the purposes of the Commission, sufficiently comply with

rule 8 (a); or

(d) is in the opinion of the Commission, defective in any manner other than

that specified in paragraph (a), (b) or (c) or rule 4.

(2) A ticket shall not be determined by the Commission under subrule (1) to be void and incapable of winning a prize by reason only of the removal from the surface of the ticket of the opaque material that covers the amounts, pictures, figures, letters or other symbols printed on the ticket which indicate whether or not the holder of the ticket is entitled to receive a prize.

Limited liability of Commission for void tickets

6. The liability of the Commission, if any, for a ticket that—

(a)	under rule 4 is void and incapable of winning a prize; or
(b)	is determined by the Commission under rule 5 to be void and incapable
of winning a prize, is limited to substituting a valid ticket for the ticket which is void.

PART 3—PAYMENT OF INSTANT PRIZES

Claims for instant prizes

7. (1) Claims for the payment of instant prizes may be made—

(a) where the prize money claimed does not exceed $100, at any selling

point;

(b) where the prize money claimed exceeds $100 but does not exceed

$5 000, at any office of the Commission;

(c) where the prize money claimed exceeds $5 000, at the head Office of

the Commission.

(2) The Commission or an agent shall not pay an instant prize in respect of

a ticket that—

(a)	has ready been marked "paid" by the Commission or an agent; or
(b)	under rule 4 is void and incapable of winning a prize or is determined
by the Commission under rule 5 to be void and incapable of winning a prize.

(3) The Commission shall only pay by cheque, prize money claimed at its head

office.

Information required on tickets for superdraw PART 4—SUP ERDRAWS

8.  A ticket that is to be included in a superdraw—

(a) shall have the name and address of the holder of the ticket clearly

.	printed in ballpoint pen;
(b)	may be signed by the holder of the ticket;
(c)	may include a syndicate name;
(d)	may be marked to indicate that the name and address on the ticket is

not for publication,

in the appropriate space on the back of the ticket.

Closing date
9. (1) The Commission may, in respect of an instant lottery, fix a closing date
for the delivery to it of tickets in that lottery for inclusion in a superdraw.

(2) Where under subrule (1) a closing date is fixed in respect of an instant lottery, the Commission shall ensure that the closing date is printed on the back of every ticket in the instant lottery.

When Commission may conduct superdraws

10. (1) Subject to subrule (2), the Commission may conduct superdraws at such

times and at such intervals as it thinks fit.

(2) Where a closing date is fixed in respect of an instant lottery, the Commission shall not conduct the final superdraw for that instant lottery until after the closing date.

28 September 19901 GOVERNMENT GAZETTE, WA 5049

Eligibility for inclusion in a superdraw

11. (1) The Commission shall only include eligible tickets in a superdraw.

(2) For the purposes of subrule (1), a ticket is an eligible ticket if the ticket—

(a)	has won an instant prize;
(b)	is not void and incapable of winning a prize;
(c)	has been delivered to the head office; and
(d)	has, where there is a closing date, been delivered to the head office on

or before the closing date.

Discretion to include ticket in any superdraw
12. Subject to rule 11, the Commission may determine which superdraw a

ticket is to be included in.

Superdraw numbers
13. In order to identify superdraws the Commission shall allocate a different

number to each superdraw.

Conduct of superdraws

14. (1) A superdraw shall be conducted by—

(a)	the Commission placing tickets in a barrel; and
(b)	a person (other than a servant of the Commission) at the invitation of

the Commission drawing a number of tickets, being the number specified in the permit, from the barrel one at a time to determine prize winners in the superdraw.

(2) The Commission shall ensure that every superdraw is supervised by an

officer from the Office of the Auditor General.

Tickets drawn to be checked

15. (1) Where a ticket is drawn in a superdraw—

(a) the Commission shall, notwithstanding rule 11, check that the ticket

is not void and incapable of winning a prize;

(b) the Commission may determine under rule 5 that the ticket drawn is

void and incapable of winning a prize.

(2) Where a ticket drawn in a superdraw is found or determined to be void and incapable of winning a prize, another ticket shall be drawn from the barrel in place of the void ticket.

Publication of names and addresses of prize winners
16. (1) The Commission may publish the name and address of a superdraw
prize winner except where the back of the winning ticket is marked to indicate
that the name and address on the ticket is not for publication.

(2) Notwithstanding that a ticket is marked to indicate that the name and address on the ticket is not for publication, where a syndicate name is supplied, the Commission may publish the syndicate name.

Superdraw prizes may be posted

17. Where a superdraw prize is not claimed by the prize winner, the

Commission may, if it thinks fit, post the prize to the prize winner.

Multiple names on ticket
18. Where more than one name and address is marked on the back of a
superdraw winning ticket the Commission may pay the prize to the person

whose name and address appears first on the ticket.

Statutory declarations
19. The Commission may, for the purpose of clarifying or verifying any issue
relating to the payment of a superdraw prize, request from any person a

statutory declaration containing such information as the Commission thinks fit.

PART 5—MISCELLANEOUS

Rules to be made available
20. (1) A copy of these rules shall be kept at every selling point and shall be
made available' for public inspection upon request.

(2) In addition to the requirement in subrule (1), the Commission may publicize the rules, or any amendment to the rules, in any other manner that it thinks fit.

Decisions of Commission final and binding
21. A decision or determination by the Commission in relation to an instant
lottery is final and binding upon the holders of tickets and any other persons
claiming prizes in respect of the lottery.

5050 GOVERNMENT GAZETTE, WA [28 September 1990

Repeal

22. The Sports/Culture Instant Lottery Rules 1989* are repealed.

[*Published in the Gazette of 24 November 1989 at p. 4346.]

The Common Seal of the Lotteries Commission was affixed on the 25th day of

September 1990 by order and in the presence of—

T. BATEMAN, Acting Chairman.
W. WARNOCK, Member.

M. SARGANT, Secretary.