Western Australian Numbered Acts Western Australian Numbered Acts After
section 104A the following sections are inserted —
“
(1) A person, other
than a person holding a permit, may, in accordance with subsection (2),
apply to the Commission to be licensed under this Division as a
licensed supplier.
(2) An application
under subsection (1) shall be made in writing, in a form approved by the
Commission, specifying —
(a) the
address of the place of business within the State at which tickets and records
required under this Division to be maintained are to be kept; and
(b) such
other particulars as the Commission requires,
and shall be
accompanied by the prescribed fee.
(3) In considering an
application under subsection (1), the Commission may have regard to the
financial circumstances of the applicant and such other matters as the
Commission considers relevant and, without limiting the grounds on which an
application may be refused, the Commission may refuse an application on the
ground that —
(a) the
applicant has an interest in a body corporate that holds a licence;
(b) the
applicant is a body corporate and a person having an interest in the body
corporate holds a licence or has an interest in another body corporate that
holds a licence; or
(c) the
applicant or, where the applicant is a body corporate, the body corporate or a
person having an interest in the body corporate has previously held a licence,
or had an interest in a body corporate that held a licence, which licence was
cancelled under this Division.
(4) For the purposes
of subsection (3), a person has an interest in a body corporate if the
person —
(a)
holds office as a director of the body corporate;
(b)
holds any share, or has a beneficial interest in any share, in that body
corporate;
(c)
holds any unit in a unit trust scheme, as defined in section 63 of the
Stamp Act 1921 , of which the body corporate is the trustee;
(d) has
an interest as a beneficiary under a trust of which the body corporate is the
trustee; or
(e) may,
as the result of the exercise of a power or discretion by the body corporate,
benefit under a discretionary trust.
(5) The Commission may
issue to a person making an application under subsection (1) a licence in
a form approved by the Commission and a licence so issued —
(a) is
not transferable and relates only to the person to whom it is issued but
extends to the conduct of business by that person in the capacity of a
trustee; and
(b) has
effect for 5 years, or until it is cancelled or surrendered under this
Division.
104C. Termination of licence
(1) Where —
(a) the
Commission has reason to believe that a licensed supplier has contravened this
Division, whether or not the licensed supplier has been convicted of, or
proceedings have been instituted against the licensed supplier in respect of,
that contravention;
(b) a
licensed supplier ceases to carry on the business by reason of which the
licensed supplier was required to be licensed; or
(c) the
Commission has reason to believe that the person is no longer a fit and proper
person to hold the licence,
the Commission may, by
notice in writing given to the licensed supplier, cancel the licence held by
the licensed supplier.
(2) For the purposes
of subsection (1)(b) a licensed supplier is taken to have ceased to carry
on the relevant business if, upon the Commission giving to the
licensed supplier notice in writing requiring the licensed supplier to show
that the licensed supplier has not ceased to carry on the business, the
licensed supplier fails within one month after the notice was given to satisfy
the Commission that, in the 3 months before the notice was given, the
licensed supplier has, in the ordinary course of business, supplied any
tickets for the supply of which a licence is required by this Division.
(3) A
licensed supplier may, by notice in writing given to the Commission, surrender
the licence held by that person.
(4) Where the licence
of a person is cancelled or surrendered under this section, that person
shall —
(a)
within 14 days after the cancellation or surrender, or such further time
as the Commission may approve in writing, lodge with the Commission a return
in such form as the Commission requires in writing showing the total
face value of all tickets supplied by that person under the licence since the
last period in respect of which the person has lodged a return under
section 104F and showing such other information as the Commission
requires in writing; and
(b) at
the time of lodging the return required by paragraph (a) or within such
further time as the Commission may approve in writing, pay to the Commission
the continuing lotteries levy in respect of all tickets supplied by that
person as shown in the return.
Penalty: $5 000.
(1) Where the
Commission —
(a)
under section 104B, refuses the application of a previous licence holder
for a further licence; or
(b)
under section 104C, cancels the licence of a person,
the Commission, after
having given an opportunity to the person to make submissions in relation to
the matter and considered any submissions so made, shall make a report and
recommendations to the Minister in accordance with section 62.
(2) A person aggrieved
by a determination of the Commission may submit an appeal to the Minister in
accordance with section 62.
104E. Tickets to be delivered up
(1) Where —
(a)
under —
(i)
section 104C, the licence of a person is cancelled;
or
(ii)
section 104B, a further licence for a person is
refused;
(b) the
person has not submitted an appeal against the cancellation or refusal; and
(c) the
time for submitting an appeal has passed,
the person commits an
offence against this Act if that person does not, within 30 days after
the passing of the appeal time, deliver to the Commission all tickets that are
in that person’s possession or dispose of those tickets in such other
manner as the Commission approves in writing.
Penalty: $5 000.
(2) Where —
(a)
under —
(i)
section 104C, the licence of a person is cancelled;
or
(ii)
section 104B, a further licence for a person is
refused;
(b) the
person has appealed against the cancellation or refusal;
(c) the
appeal has been dealt with by the Minister; and
(d) the
Minister has confirmed the cancellation of the licence or confirmed the
refusal to issue a further licence,
the person commits an
offence against this Act if that person does not, within 30 days after
the confirmation, deliver to the Commission all tickets that are in that
person’s possession or dispose of those tickets in such other manner as
the Commission approves in writing.
Penalty: $5 000.
(3) Where the licence
of a person is surrendered under section 104C the person commits an
offence against this Act if that person does not, within 14 days after
the licence is surrendered, deliver to the Commission all tickets that are in
that person’s possession or dispose of those tickets in such other
manner as the Commission approves in writing.
Penalty: $5 000.
104F. Returns to be lodged and levy paid
(1) A
licensed supplier shall —
(a)
within 90 days after the end of each quarter during which the
licensed supplier has supplied tickets under the licence or such further time
as the Commission may approve in writing, lodge with the Commission a return
in such form as the Commission requires in writing showing the total
face value of all tickets supplied by the licensed supplier under the licence
during that quarter, and showing such other information as the Commission
requires in writing; and
(b) at
the time of lodging each return required by paragraph (a) or within such
further time as the Commission may approve in writing, pay to the Commission
the continuing lotteries levy in respect of all tickets supplied by the
licensed supplier as shown in the return.
Penalty: $5 000.
(2) The Commission
may, where upon application made to the Commission in writing the Commission
sees fit in the circumstances of the case to do so, approve in writing of the
lodging of returns under subsection (1)(a) —
(a) in
respect of a period other than a quarter; and
(b)
within 60 days, or such further time as the Commission sees fit, after
the end of a period approved under paragraph (a),
and may vary or revoke
any such approval.
(3) Where an approval
under subsection (2) is for the time being in force, subsection (1)
shall, in relation to a case to which that approval applies, have effect as
modified by that approval as for the time being in force.
(4) Where a
licensed supplier has not supplied tickets under his or her licence during any
quarter or other period in respect of which the licensed supplier has approval
under subsection (2)(a) to lodge returns, the licensed supplier shall
lodge with the Commission a return in respect of that quarter or other period
showing that no tickets were so supplied and showing such other information as
the Commission requires under subsection (1)(a).
Penalty: $5 000.
(5) Where the
Commission considers that circumstances warrant so doing, the Commission may,
by notice in writing given to a licensed supplier, require the lodgement by
that licensed supplier of returns under this section and payment of the
continuing lotteries levy, at a time specified in the notice that is earlier
than the time when the licensed supplier would otherwise be required to lodge
returns under this section and pay the continuing lotteries levy, and may, by
subsequent notice so given, vary or revoke any notice under this subsection
and this section shall have effect as modified by any such notice.
(1) Of the
continuing lotteries levy received by the Commission after the commencement of
this section but before 1 July 2000 —
(a)
83.3% (five-sixths) is to be credited to the Consolidated Fund; and
(b)
16.7% (one-sixth) is to be paid into and placed to the credit of the Gaming
Commission Account established under section 9(2).
(2) Of the
continuing lotteries levy received by the Commission on or after
1 July 2000 —
(a)
69.23% (nine-thirteenths) is to be credited to the Consolidated Fund; and
(b)
30.77% (four-thirteenths) is to be paid into and placed to the credit of the
Gaming Commission Account established under section 9(2).
A
continuing lotteries levy is not payable on a return lodged under this
Division by a licensed supplier to the extent that the return relates to the
supply of tickets to —
(a)
another licensed supplier; or
(b) a
person outside the State.
(1) Where tickets have
been supplied by a licensed supplier and are subsequently returned to the
licensed supplier without having been sold in a continuing lottery, the
continuing lotteries levy is not payable in respect of that supply and, if
paid, shall be refunded to the licensed supplier.
(2) A person who
returns the tickets to the licensed supplier under subsection (1) may
recover the amount, if any, of the continuing lotteries levy concerned in a
court of competent jurisdiction as a civil debt due from the
licensed supplier.
(3) Where, under
subsection (1), a levy is to be refunded to a licensed supplier, the
Commission may set the amount off against any other amount of
continuing lotteries levy payable by that person.
104J. Memorandum may be created in certain cases
(1) A
licensed supplier shall not destroy or cause to be destroyed any ticket that
is in his or her possession except with the written approval of the
Commission.
(2) A
licensed supplier shall take reasonable precautions to prevent the theft or
loss, or the destruction without the approval of the Commission, of tickets
that are in the possession of, or are being consigned to, the licensed
supplier.
(3) A
licensed supplier shall, at such times as the Commission by notice in writing
requires, take stock of the tickets in his or her possession and provide to
the Commission, in a form approved by the Commission, particulars
of —
(a) the
number of tickets found upon the stocktake to be in his or her possession; and
(b) any
discrepancy between the number of tickets so found to be in his or her
possession and records maintained in accordance with the regulations.
(4) Where it appears
to the Commission, whether from an examination of any form or records or
otherwise, that —
(a) a
licensed supplier has destroyed or caused to be destroyed any tickets contrary
to subsection (1);
(b)
tickets in the possession of, or being consigned to, a licensed supplier have
been lost or stolen, or have been destroyed other than with the approval of
the Commission or under section 104K; or
(c) the
number of tickets in the possession of a licensed supplier and being kept as
required by section 104L(3) is less than the number of tickets that is
shown by the records maintained in accordance with the regulations as being in
the possession of the licensed supplier,
the Commission may
create a memorandum of, and cause an assessment to be made of the amount of,
the continuing lotteries levy that, in its judgment, would have been imposed,
if the tickets concerned had been supplied by the licensed supplier and had
been the subject of a return under this Division.
(5) The Commission
shall not create a memorandum under subsection (4) in respect of tickets
where it is satisfied that —
(a) the
tickets were lost, stolen or destroyed and the licensed supplier had taken all
reasonable precautions to prevent the theft, loss or destruction; or
(b) the
licensed supplier has otherwise provided a satisfactory explanation for the
deficiency.
(6) Where an
assessment of the continuing lotteries levy is made under subsection (4),
there is chargeable in addition to the continuing lotteries levy as a result
of that assessment, a fine equal to that levy and that fine is payable at the
same time and recoverable in the same manner as that levy but the Commission
may remit wholly or in part any fine chargeable under this subsection.
104K. Destruction of tickets on which levy not
paid
A licensed supplier
may deliver any ticket to the Commission for destruction and the Commission
may cause any ticket delivered under this section to be destroyed.
104L. Certain offences by licensed supplier
(1) A
licensed supplier shall not cause to be produced, nor obtain from or supply to
any person, tickets that are, or are part of, a batch comprising more than
such number of tickets as is prescribed by the regulations to be the maximum
number of tickets that may be in one batch.
Penalty: $5 000.
(2) A
licensed supplier shall not supply tickets to any person within the State
unless —
(a) the
licensed supplier supplies to that person all of the tickets in the batch;
(b)
there is printed on each ticket —
(i)
the face value of the ticket;
(ii)
a series number that is common to all of the tickets in
the same batch and distinguishes the ticket from tickets in any other batch;
and
(iii)
the licence number allocated to the licensed supplier by
the Commission or, where the tickets have been previously supplied by another
licensed supplier, the licence number so allocated to that licensed supplier;
and
(c) the
tickets are otherwise in accordance with the regulations.
Penalty: $5 000.
(3) A
licensed supplier shall keep, at the address specified under
section 104B(2)(a) or such other address as is for the time being
approved in writing by the Commission —
(a) all
tickets that are in his or her possession; and
(b) all
records that he or she is required by the regulations to maintain that relate
to the preceding 5 years.
Penalty: $5 000.
(4) The Commission
may, by notice in writing, revoke any approval given for the purposes of
subsection (3).
(1) A person who is
not a licensed supplier shall not —
(a)
obtain tickets for sale in a continuing lottery from a person who is not a
licensed supplier; or
(b)
alter anything printed on a ticket as required by section 104L(2)(b).
Penalty: $5 000.
(2) A person shall not
sell or offer for sale in a continuing lottery any ticket for more than the
face value of the ticket printed on the ticket.
Penalty: $5 000.
(3) A person shall not
sell or offer for sale in a continuing lottery —
(a) any
ticket that has not been obtained from a licensed supplier; or
(b) any
ticket not having printed on it each of the things mentioned in
section 104L(2)(b).
Penalty: $5 000.
”.