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 Subsection 8A(2) of the CI Act provides that a WA law applied to the Territory may be incorporated, amended or repealed by an Ordinance.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Treasurer of Victoria, entered into under the Lotteries Ordinance 1989 of the Territory of Christmas Island, which was repealed by the Territories Law Reform Act 1992, to be renewed.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.
Overview
The Lotteries Commission Act 1990 (WA)(CI) (Amendment) Ordinance 1995 was enacted to amend the Lotteries Commission Act 1990 (WA) as it applied to Christmas Island, thereby addressing the need to renew agreements for the conduct of lotteries, lotto, and soccer football pools in the Territory following the repeal of the Lotteries Ordinance 1989 by the Territories Law Reform Act 1992. This ordinance was issued under the authority of the Minister for the Environment, Sport and Territories and commenced on 1 July 1995 to ensure continuity. The key objective of this legislative amendment is to allow the Minister, acting as the Lotteries Commission, to enter into agreements with promoters or relevant Ministers in other States or Territories for the conduct of these games in the Territory and to facilitate the collection and payment of a levy on the stake money received by the promoters to the Commonwealth. This was achieved by amending the Lotteries Commission Act 1990 (WA) to include provisions for these agreements and the calculation and payment of the levy.
Scope and Application
The Lotteries Commission Act 1990 (WA)(CI) (Amendment) Ordinance 1995 applies to the Lotteries Commission of Western Australia as it operates within the Territory of Christmas Island. This Ordinance amends the existing provisions to allow the Minister for the Environment, Sport and Territories, acting in his capacity as the Lotteries Commission, to enter into agreements with promoters in other States or Territories for the conduct of lotto, lotteries, or soccer football pools within Christmas Island. Additionally, the Ordinance allows the Minister to negotiate agreements with the relevant Minister of another State or Territory to collect a levy on the stake money and remit a portion to the Commonwealth. The Ordinance ensures continuity by expressing its commencement on 1 July 1995, following the expiration of previous agreements on 30 June 1995. The application of Western Australian laws to the Territory is governed by subsection 8A(1) of the Christmas Island Act 1958, with modifications or repeals possible through subsequent Ordinances as per subsection 8A(2). This jurisdictional approach ensures the smooth operation of lotteries within the Territory while maintaining alignment with broader legislative frameworks.
Key Provisions
The Lotteries Commission Act 1990 (WA)(CI) (Amendment) Ordinance 1995 amends the Lotteries Commission Act 1990 (WA)(CI) to enable the Minister, acting in their capacity as Lotteries Commission, to enter into agreements with promoters in a State or Territory to conduct lotto, lotteries or soccer football pools in the Territory (section 3). The Ordinance also allows the Minister to enter into an agreement with the appropriate Minister of the State or Territory for the collection of the levy on the stake money received by the promoter and the payment of a share of the levy to the Commonwealth (section 3). This change is significant as it provides a clear legal framework for the operation of lotteries within the Territory, ensuring that all activities are governed by specific agreements that outline the responsibilities and obligations of all parties involved.
The obligations imposed by the Ordinance include the requirement for the Lotteries Commission to ensure that it 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 (section 4.1). Additionally, 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 6(5)). These obligations ensure that all activities are conducted within the legal framework established by the Ordinance and that the Commission has the necessary powers to manage and oversee these activities.
Breaches of the provisions set out in the Ordinance can result in civil or criminal consequences. For example, failure to comply with the requirements for the collection of the levy and its payment to the Commonwealth can result in penalties, the specifics of which are not detailed in the explanatory statement. However, the consequences for non-compliance with the agreements and the obligations set out in the Ordinance can include legal action, fines or other penalties as prescribed by relevant laws. It is essential for all parties involved to understand and adhere to the requirements of the Ordinance to avoid any potential legal issues.