Lotteries Commission Amendment Act 2012 (WA)

Western Australia

Lotteries Commission Amendment Act 2012

Western Australia

Lotteries Commission Amendment Act 2012

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
4.	Section 6 amended	2
5.	Section 7A inserted	3

7A. Exemptions from s. 6(4) 3

6. Section 15 amended 4

Western Australia

Lotteries Commission Amendment Act 2012

No. 21 of 2012

An Act to amend the Lotteries Commission Act 1990.

[Assented to 29 August 2012]

The Parliament of Western Australia enacts as follows:

Lotteries Commission Amendment Act 2012

s. 1

1.             Short title

This is the Lotteries Commission Amendment Act 2012.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

3.             Act amended

This Act amends the Lotteries Commission Act 1990.

4.             Section 6 amended

(1) In section 6(2) delete “functions.” and insert:

functions, including the facilitation of syndicate entries

to any games of lotto.

(2) After section 6(2) insert:

(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) In section 6(3):

(a) in paragraph (b) delete “subsection.” and insert:

subsection; and

Lotteries Commission Amendment Act 2012

s. 5

(b)	after paragraph (b) insert:
(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 consultancy or advisory services to that person or body, whether for a fee or not.

(4)	After section 6(3) insert:
(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.             Section 7A inserted

After section 6 insert:

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.

Lotteries Commission Amendment Act 2012

s. 6

(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.

6.             Section 15 amended

After section 15(3) insert:

(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.