Western Australian Consolidated Acts Western Australian Consolidated Acts (1a) In this
section —
fixed prize game means a lottery game in which all
winning participants are entitled to a prize, the amount of which is
determined before the commencement of the game;
net subscriptions are calculated —
(a) in
the case of a fixed prize game, as being the subscriptions received for that
game less the prize liability;
(b) in
the case of a pari-mutuel prize game, as being the subscriptions received for
that game less the prize fund;
pari-mutuel prize game means a lottery game in
which the prize paid to any winning participant depends on the size of the
prize pool and the number of winning participants;
prize fund means a prescribed percentage of
subscriptions (inclusive of any prize reserve) that is allocated for
distribution among winning participants in a pari-mutuel prize game;
prize liability means the amount needed in a fixed
prize game to pay all winning entries in that game, in addition to prize
reserve fund allocations as authorized by the permit.
(1) The following
agency special purpose accounts are established under section 16 of the
Financial Management Act 2006 —
(a) an
account called the Sports Lotteries Account;
(b) an
account called the Arts Lotteries Account.
(2) Of the net
subscriptions received by the Commission in respect of lotteries conducted by
it, the Commission shall pay during each year —
(a)
12.5% to such eligible organizations as the Commission thinks fit and the
Minister approves for such approved purposes as the Commission thinks fit and
the Minister approves;
(b) 40%
to the credit of the Consolidated Account for subsequent appropriation to the
agency special purpose account referred to in section 3(2) of the
Hospital Fund Act 1930 ;
(c) 5%
to the credit of the Consolidated Account for subsequent appropriation to the
Sports Lotteries Account established under subsection (1);
(d) 5%
to the credit of the Consolidated Account for subsequent appropriation to the
Arts Lotteries Account established under subsection (1); and
(e) an
amount not exceeding 5% —
(i)
as recommended by the Commission and approved by the
Minister to such body corporate as the Commission thinks fit and the Minister
approves, for the purpose of funding incentives to undertake, or projects to
facilitate the undertaking of, commercial film production in the State; and
(ii)
as recommended by the Commission and approved by the
Minister to The University of Western Australia or any other body corporate
which is, at the time of the payment, administering or managing the Festival
of Perth, for the purpose of assisting the funding of the Festival of Perth.
(2a) An amount equal
to the amount credited to the Consolidated Account under
subsection (2)(b) shall be —
(a)
credited to the agency special purpose account referred to in
section 3(2) of the Hospital Fund Act 1930 ; and
(b)
charged to the Consolidated Account.
(2b) An amount equal
to the amount credited to the Consolidated Account under
subsection (2)(c) shall be —
(a)
credited to the Sports Lotteries Account established under
subsection (1); and
(b)
charged to the Consolidated Account.
(2c) An amount equal
to the amount credited to the Consolidated Account under
subsection (2)(d) shall be —
(a)
credited to the Arts Lotteries Account established under subsection (1);
and
(b)
charged to the Consolidated Account.
(2d) This section
appropriates the Consolidated Account for the purposes mentioned in
subsections (2a), (2b) and (2c).
[(3) deleted]
(4) The moneys
credited to the Sport Lotteries Account under subsection (2b) shall be
distributed by or on behalf of the Minister for Sport and Recreation in such
proportions and among such bodies engaged in the conduct of sport in the State
as the Minister for Sport and Recreation thinks fit.
(5) The moneys
credited to the Arts Lotteries Account under subsection (2c) shall be
distributed by or on behalf of the Minister for the Arts in such proportions
and among such bodies engaged in the conduct of cultural activities, and
persons engaged in cultural activities, in the State as the Minister for the
Arts thinks fit.
(6) The Minister for
Sport and Recreation and the Minister for the Arts may for the purpose of
deciding on the distribution of moneys under subsections (4) and (5)
respectively consult such persons and bodies as they think fit and such
persons or bodies may be paid, out of the moneys received in respect of
lotteries conducted by the Commission under this Act, such remuneration and
allowances as are determined by the Minister to whom the administration of
this Act is for the time being committed by the Governor to be appropriate.
(7) The Minister for
Sport and Recreation and the Minister for the Arts may, for the purpose of
distribution of moneys under subsections (4) and (5) respectively, make
use of such persons, bodies or departments of the Government as they think fit
and such persons, bodies or departments shall be paid, out of the moneys
received in respect of lotteries conducted by the Commission under this Act,
such of the costs and expenses of that distribution as are determined by the
Minister to whom the administration of this Act is for the time being
committed by the Governor to be appropriate.
(8) The Minister shall
carry out a review of the operation of subsection (2)(e) as soon as is
practicable after the expiration of 3 years from the commencement of the
Lotteries Commission Amendment Act 1992 and thereafter as soon as is
practicable after the expiration of every period of 3 years from the date
on which a report is laid before each House of Parliament in accordance with
subsection (10).
(9) In the course of a
review under subsection (8) the Minister shall consider and have regard
to whether —
(a) the
application by recipients of the payments made under subsection (2)(e) in
the preceding 3 years has been appropriate; and
(b) the
future continuation of the payments referred to in subsection (2)(e) is
appropriate.
(10) The Minister
shall prepare a report based on the review made under subsection (8) and
as soon as is practicable after the preparation of the report shall cause it
to be laid before each House of Parliament.
[Section 22 amended by No. 32 of 1992
s. 5; No. 6 of 1993 s. 4; No 74 of 1994 s. 5; No. 49
of 1996 s. 64; No. 26 of 1998 s. 18; No. 28 of 2006
s. 428; No. 77 of 2006 s. 4 and 17; No. 8 of 2009 s. 89.]
[ 23. Deleted by No. 26 of 1998 s. 19.]