EXPLANATORY STATEMENT
ORDINANCE NO 4 OF 1995
Issued by the Authority of the Minister for the Environment, Sport and
Territories
Christmas Island Act 1958
Lotteries Commission Act 1990 (WA) (CI) (Amendment) Ordinance 1995
Subsection 8A(1) of the Christmas Island Act 1958 (the CI Act) applies the provisions of Western Australian laws (WA laws) as in force from time to time in the Territory. Subsection 8A(2) of the CI Act provides that a WA law applied to the Territory may be incorporated, amended or repealed by an Ordinance.
The Ordinance amends the Lotteries Con mission Act 1990 (WA)(CI) to enable the Minister, acting in his capacity of Lotteries Commission, to enter into an agreement with a promoter in a State or Territory to conduct lotto, lotteries or soccer football pools in the Territory. It also enables the Minister to enter into an agreement with the appropriate Minister of the State or Territory for collection of the levy on the stake money received by the promoter and the payment of a share of the levy to the Commonwealth. The amendments enable agreements with Tattersall Sweep Consultation and the Treasurer of Victoria, entered into under the Lotteries Ordinance 1989 of the Territory of Christmas Island, which was repealed by the Territories Law Reform Act 1992, to be renewed. As the agreements expired on 30 June 1995, the Ordinance is expressed to commence on 1 July 1995 for the purpose of continuity.
The following sets out the details of the Ordinance:
Section 1 provides that the name of the Ordinance is the Lotteries Commission Act 1990 (WA)(Cl) (Amendment) Ordinance 1995.
Section 2 provides that the Ordinance is taken to commence on 1 July 1995.
Section 3 provides that the Lotteries Commission Act 1990 (WA)(CI) (the Act) is amended as set out in the Ordinance.
Section 4 amends section 6 of the Act which sets out the functions and powers of the Lotteries Commission.
Subsection 4.1 omits and replaces subsection 6(1) and adds subsection 6(1A) to ensure that the Lotteries Commission is not obliged to perform any of its
functions and to include the power to provide for the conduct of games of lotto, lotteries and soccer football pools.
Subsection 4.2 amends subsection 6(2) to enable the Commission to do all things necessary in the exercise of its powers as well as its functions.
Subsection 43 omits and replaces subsections 6(3) and 6(4) and adds a new subsection 6(5). Subsection 6(3) authorises the Commission, with the Minister's approval, to make an agreement with a designated authority of a State or Territory to conduct lotteries or games of lotto, Subsection 6(4) authorises the Commission, with the Minister's approval, to make an agreement with a person authorised to conduct soccer football pools in a State, to conduct such pools in the Territory. Subsection 6(5) provides that the Commission must not authorise a person to conduct games of lotto, lotteries or pools unless an agreement is in force in accordance with section 24B.
Section 5 inserts new sections 24A and 24B. Section 24A provides for the method of calculating the levy and when it is to be paid to the Commonwealth by the promoters of soccer football pools and other games. Section 24B provides that the Minister must make an agreement with the appropriate Minister of the State or Territory where the promoter of a lottery, game of lotto and soccer football pool principally operates, for the collection of the levy and payment to the Commonwealth.