Lotteries Commission Act 1990 (W.A.) (C.I.) (Amendment) Ordinance 1996

Overview

The Lotteries Commission Act 1990 (WA) (CI) (Amendment) Ordinance 1996 was issued under the authority of the Minister for Sport, Territories and Local Government to address specific issues in the operation of lotteries on Christmas Island. This legislation makes minor amendments to previous amendments to the Lotteries Commission Act 1990 (Western Australia) in order to rectify inconsistencies in the calculation of the promoter's levy payable to the Commonwealth. The primary objective of the Ordinance is to ensure that the levy percentage is accurately calculated based on the appropriate figures and to correct an error that was previously affecting the levy's computation. The Ordinance amends section 24A of the Lotteries Commission Act 1990 (Western Australia) by adjusting the formula for calculating the promoter's levy, ensuring it is based on the correct financial parameters. It also corrects a misinterpretation in the calculation of the levy, specifying that it should be 50% of the "relevant amount" rather than 50% of the stake money. These adjustments are designed to maintain the integrity of the legislative framework governing lotteries on Christmas Island, ensuring that levies are applied correctly and transparently.

Scope and Application

The Christmas Island Act 1958, as amended by the Lotteries Commission Act 1990 (WA) (CI) (Amendment) Ordinance 1996, applies to entities and individuals conducting lottery activities on Christmas Island. Specifically, it targets promoters of lotteries and lotto games, ensuring they adhere to the legislative framework governing the calculation and payment of levies to the Commonwealth. The geographic scope of this Act is limited to Christmas Island, and it amends existing provisions to ensure accurate and fair calculation of the levy payable. The Act corrects a previous misinterpretation by specifying that the levy must be calculated on the amount of stake money less the agent's commission and on the "relevant amount," which is defined as the amount of levy paid under the law of the participating State or the amount that would be payable if not reduced because the levy is paid to the Commonwealth. This legislation ensures that all stakeholders involved in lottery activities on Christmas Island comply with the prescribed financial obligations, maintaining transparency and equity in the levy calculation process.

Key Provisions

The main operative sections of the Lotteries Commission Act 1990 (WA) (CI) (Amendment) Ordinance 1996 involve amendments to section 24A of the Lotteries Commission Act 1990 (WA)(CI). Section 3.1 specifically amends the paragraphs 24A(l)(a) and (b) to clarify the calculation of the levy that promoters must pay to the Commonwealth for soccer football pools and other lotteries or lotto. It provides a formula for calculating the levy if determined by the Minister or, in the absence of such determination, sets the levy at 50% of the "relevant amount". The obligations imposed by this Act require promoters to ensure that the levy paid to the Commonwealth is calculated correctly. For soccer football pools, the levy must be based on the "relevant amount" as defined. For other cases, if the Minister has not determined a specific formula, the levy defaults to 50% of the "relevant amount". Additionally, the promoter must account for the agent's commission when calculating the amount of stake money subject to the levy, ensuring that the levy is applied to the correct net amount. The Ordinance also imposes specific requirements on the definition and calculation of the "relevant amount". Subsection 3.2 redefines the "relevant amount" to mean the amount of levy paid under the law of the participating State or, if the State law reduces the amount because the levy is paid to the Commonwealth, the amount that would be payable if not for that reduction. This ensures clarity and consistency in the application of the levy across different jurisdictions. In terms of consequences for breach, the Ordinance does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, failure to accurately calculate and remit the levy as required by the amended section could potentially lead to legal scrutiny, fines, or other penalties as prescribed by the Lotteries Commission Act 1990 (WA)(CI) or related legislation. The exact penalties would be determined based on the broader legal framework governing lottery regulations and compliance.