Australian Capital Territory Consolidated Acts

LOTTERIES ACT 1964 - NOTES

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     disallowable instrument

              •     Executive

              •     penalty unit.

"approved lottery" means a lottery approval for the conducting of which has been granted under section 7.

"association" means an organisation, club, society or other body of persons, whether incorporated or not, but does not include a body established or carried on solely or principally for the purpose of conducting a lottery or of gaming or wagering.

"commission" means the gambling and racing commission.

"exempt lottery"—see section 6 (1).

"unlawful game"—see the Unlawful Games Act 1984, dictionary.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Lotteries Ordinance 1964 A1964-13 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Lotteries Act 1964 No 13

notified 21 August 1964

commenced 1 September 1964 (s 2)

as amended by

Ordinances Revision (Decimal Currency) Ordinance 1966 No 19

notified 23 December 1966

commenced 23 December 1966

Lotteries (Amendment) Ordinance 1981 No 13

notified 20 May 1981

commenced 29 May 1981 (Cwlth Gaz 1981 No S103)

Lotteries (Amendment) Ordinance 1982 No 17

notified 7 May 1982

commenced 11 June 1982 (Cwlth Gaz 1982 No S117)

Lotteries (Amendment) Ordinance 1983 No 44

notified 29 September 1983

commenced 1 October 1983

Lotteries (Amendment) Ordinance 1984 No 23

notified 29 June 1984

commenced 1 July 1984 (Cwlth Gaz 1984 No S244)

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Lotteries (Amendment) Act 1994 No 36

notified 28 June 1994 (Gaz 1994 No S114)

commenced 28 June 1994 (s 2)

Lotteries (Amendment) Act 1996 No 60

notified 3 December 1996 (Gaz 1996 No S321)

ss 1-3 commenced 3 December 1996 (s 2 (1))

remainder commenced 13 December 1996 (s 2 (2) and Gaz 1996 No S331)

Revenue Legislation Amendment Act 1999 No 38 pt 3

notified 12 July 1999 (Gaz 1999 No S44)

commenced 1 July 1999 (s 2)

Gambling and Racing Control (Consequential Provisions) Act 1999 No 47 sch, notes

notified 17 September 1999 (Gaz 1999 No S54)

s 1, s 2 commenced 17 September 1999 (s 2 (1))

sch, notes commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)

Legislation (Consequential Amendments) Act 2001 No 44 pt 232

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 232 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.53

notified LR 26 March 2004

s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 2 pt 2.53 commenced 9 April 2004 (s 2 (1))

Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.27

notified LR 20 June 2007

s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))

sch 3 pt 3.27 commenced 11 July 2007 (s 2 (1))

Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.23

notified LR 6 December 2007

s 1, s 2 commenced 6 December 2007 (LA s 75 (1))

sch 3 pt 3.23 commenced 27 December 2007 (s 2)

4     Amendment history

Dictionary
s 2     orig s 2 am 1994 No 36 sch
    om 2001 No 44 amdt 1.2709
    (prev s 4) am 1984 No 23
    renum R3 LA (see 2001 No 44 amdt 1.2711)
    defs reloc to dict A2007-16 amdt 3.119
    sub A2007-16 amdt 3.120
    def determined fee ins 1999 No 38 s 10
    om 2001 No 44 amdt 1.2710

Notes
s 2A     ins A2007-16 amdt 3.120

When lottery taken to be conducted
s 3     am 1994 No 36 sch
    om 2001 No 44 amdt 1.2709
    ins A2007-16 amdt 3.120

Application
s 4     (prev s 4A) ins 1981 No 13
    renum as R3 LA (see 2001 No 44 amdt 1.2711)

Application
s 4A     renum as s 4

Exempt lotteries
s 6     am 1966 No 19; 1982 No 17; 1994 No 36 sch; 1996 No 60 s 4; 1999 No 47 sch; 2001 No 44 amdts 1.2712-1.2714; ss and pars renum R3 LA (see 2001 No 44 amdt 1.2715)

Approval of lotteries
s 7     am 1983 No 44; 1994 No 36 sch; 1999 No 38 s 11; 1999 No 47 sch; 2001 No 44 amdts 1.2716-1.2718

Variation of approval
s 7AA     ins 1999 No 38 s 12
    om 2001 No 44 amdt 1.2719

Variation of approval
s 7A     ins 1983 No 44
    am 1999 No 38 s 13; 1999 No 47 sch
    sub 2001 No 44 amdt 1.2719

Prohibition of certain lotteries etc
s 8     am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch

Advertising certain lotteries prohibited
s 9     am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch

Sale of tickets in certain lotteries prohibited
s 10     am 1966 No 19; 1996 No 60 sch

Printing of tickets for certain lotteries prohibited
s 11     am 1966 No 19; 1996 No 60 sch

Prohibition of formation of syndicates for purchase of shares in lotteries
s 12     am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch

Instant lotteries
s 12A     ins 1994 No 36 s 4

Audit
s 13     am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch; 1999 No 47 sch

Falsification of books etc
s 14     am 1994 No 36 sch; 1996 No 60 sch
    om A2004-15 amdt 2.116

Misappropriation of funds or prizes
s 15     am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch

Fraudulent drawing etc
s 16     am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch

Unclaimed prizes
s 17     am 1994 No 36 sch; 1996 No 60 sch; 1999 No 47 sch

Supervision of conduct of lottery
s 18     am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch; 1999 No 47 sch

Determination of fees
s 18A hdg     am 1999 No 47 notes
s 18A     ins 1983 No 44
    am 1999 No 47 sch
    sub 2001 No 44 amdt 1.2720

Delegation
s 19     am 1994 No 36 sch; 1999 No 47 sch
    om A2007-16 amdt 3.121

Regulation-making power
s 20     am 1989 No 38 sch 1
    sub 2001 No 44 amdt 1.2721

Transitional provision—certain determinations may be retrospective
s 21     ins 1999 No 38 s 14
    om 2001 No 44 amdt 1.2721

Repealed Acts and ordinances
sch     om 2001 No 44 amdt 1.2722

Dictionary
dict     ins A2007-16 amdt 3.122
    def approved lottery am 1994 No 36 sch
    reloc from s 2 A2007-16 amdt 3.119
    def association am 1996 No 60 sch
    reloc from s 2 A2007-16 amdt 3.119
    def commission ins 1999 No 47 sch
    reloc from s 2 A2007-16 amdt 3.119
    def exempt lottery ins A2007-16 amdt 3.122
    def unlawful game reloc from s 2 A2007-16 amdt 3.119
    am A2007-39 amdt 3.98

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Ord 1989 No 38	31 July 1991
2	Act 1996 No 60	30 April 1997
3*	A2001-44	9 August 2002
4	A2004-15	9 April 2004
5	A2007-16	11 July 2007

© Australian Capital Territory 2007

Australian Capital Territory

A1964-13

Republication No 6

Effective: 27 December 2007

Republication date: 27 December 2007

Last amendment made by A2007-39






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Lotteries Act 1964 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 December 2007. It also includes any amendment, repeal or expiry affecting the republished law to 27 December 2007.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Lotteries Act 1964

Endnotes

Australian Capital Territory

Lotteries Act 1964