Lotteries Commission Act 1990 (WA)

Western Australia Lotteries Commission Act 1990 Western Australia Lotteries Commission Act 1990 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 3A. Instant lottery tickets, meaning of instructions on 3 3B. COVID‑19 pandemic: emergency circumstances and emergency period 5 Part 2 — Constitution and administration of Commission 4. Commission continued; nature of body etc. 7 5. Members of Commission, appointment of etc. 7 6. Functions and powers of Commission 8 7A. Exemptions from s. 6(4) 9 7. Minister may give directions to Commission 10 8. Trading name or symbol, use of by Commission etc. 10 8A. Strategic development plan and statement of corporate intent, Commission to act under 11 8B. Strategic development plan and statement of corporate intent, preparation and content of etc. 11 8C. Directions by Minister under s. 8B(3), laying before Parliament 12 9. Staff 13 Part 3 — Conduct of lotteries 10. Permit to conduct lottery, Commission to obtain etc. 14 12. Commission's powers to conduct permitted lotteries 15 13. Commission's duties when conducting permitted lotteries 15 14. Prizes to be specified etc. 15 15. Prizes, payment of; evidence of winning entries 15 15A. Evidence of winning entries: provisions relating to COVID‑19 pandemic 16 16. Unclaimed prizes 17 16A. Unclaimed prizes: provisions relating to COVID‑19 pandemic 18 17. Fully subscribed lotteries, dealing with applications for tickets in 19 18. Selling etc. lottery ticket to person under 16, offence 19 Part 4 — Financial provisions 19. Terms used 20 20. Commission's funds, expenses etc.; Lotteries Commission Account 20 21. Temporary investment of moneys 21 22. Net subscriptions from lotteries, distribution of to sports, arts etc. 22 24. Residual moneys, distribution of to organizations 26 24A. Distribution of residual moneys to organizations: provisions relating to COVID‑19 pandemic 27 25. Financial Management Act 2006 and Auditor General Act 2006, application of 28 26. Annual report to Parliament of grants etc.; Minister entitled to information 28 Part 5 — Miscellaneous 27. Offences 30 28. Rules about conduct of lotteries etc. 30 29. Regulations 31 30. Review of Act 31 31. Repeals 32 32. Transitional and savings 32 34. Validation of soccer football pools conducted before 1 Jan 1991 32 Schedule 1 — Provisions concerning members and the procedure of the Commission 1. Term of office of members 33 2. When office becomes vacant 33 3. Remuneration of members 33 4. Relationship to Public Service 34 5. Validity of proceedings not affected by defect in appointment etc. 34 6. Protection from personal liability for members etc. 34 7. Meetings, procedure at etc. 34 8. Quorum; who presides; voting etc. 35 9. Minutes 35 10. Resolution may be passed without meeting 35 11. Leave of absence 35 12. Execution of documents by Commission 35 Schedule 2 — Transitional and savings provisions 1. Term used: commencement 37 2. Members as at 1 Jan 1991 37 3. Rules in force as at 1 Jan 1991 37 4. Appointments etc. in effect as at 1 Jan 1991 37 5. Gaming Commission Act 1987, transitional provisions as to 37 6. Interpretation Act 1984 not affected 38 Notes Compilation table 39 Other notes 41 Defined terms Western Australia Lotteries Commission Act 1990 An Act to provide for the continuation of the Lotteries Commission and the conduct of lotteries, to repeal the Lotteries (Control) Act 1954 and the Lotto Act 1981, and for related purposes. [Long title amended: No. 26 of 1998 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Lotteries Commission Act 1990. 2. Commencement This Act shall come into operation on a day to be fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — chairperson means the chairperson of the Commission; Commission means the Lotteries Commission constituted by section 5 of the Lotteries (Control) Act 1954 and continued in existence under this Act; conduct includes promote, organize, manage or operate; designated authority means a person designated under subsection (4); entry form, in relation to a game of lotto, means entry form or coupon required by the rules to enable a person to enter or subscribe to the game of lotto; game of lotto means a lottery within the meaning of subsection (2); instant lottery means a lottery within the meaning of subsection (3); lottery means a scheme or device in which the success or otherwise of participants is governed by numbers, tickets, events, etc., drawn or determined in a manner involving a degree of randomness or chance; member means a member of the Commission; permit means a permit granted under this Act; soccer football pool means a lottery the results of which depend on a forecast of the outcome of soccer football matches; sports lottery means a lottery the results of which depend on the outcome of one or more specified sporting events; subscription means the entry fee, payable by a person under the rules to enable the person to participate in a lottery, exclusive of any add‑on commission payable to an authorised retailer; ticket includes an acknowledgement, whether in a physical form or in the form of an electronic message, that a subscription to a lottery has been accepted by the Commission. (2) A game of lotto is a form of lottery in which an attempt is made to choose, forecast, select or draw from a group of numbers, a smaller group of numbers to be drawn on an equally random basis. (3) An instant lottery is a lottery in which the holder of a ticket removes from the surfaces of the ticket opaque material covering certain amounts, pictures, figures, letters or other symbols printed on the ticket in order to ascertain whether or not the presentation of the ticket to the Commission will entitle that person, subject to this Act and to the conditions, if any, to which the relevant permit is granted — (a) to receive a prize; or (b) to receive a prize and to be eligible for further prizes to be awarded on the drawing of a lottery or lotteries in accordance with the rules; or (c) to be eligible for prizes to be awarded on the drawing of a lottery or lotteries in accordance with the rules. (4) The Governor may prescribe a person, whether from this State or not, to be a designated authority for the purposes of section 6. [Section 3 amended: No. 26 of 1998 s. 5.] 3A. Instant lottery tickets, meaning of instructions on (1) In or on any instant lottery ticket, whether issued under this Act or the Lotteries (Control) Act 1954, and whether issued before or after the commencement of the Lotteries Commission Amendment Act 1993, the phrase — (a) match 3 money amounts, match 3 cash amounts, match 3 identical dollar amounts or find 3 identical dollar amounts means to win a prize the ticket must show 3 of an identical money amount, and does not include, and has never included, the possibility of matching 3 money amounts by finding a pair for each of 3 different money amounts; (b) match 3 symbols the same, match any 3 symbols, match 3 symbols, find 3 identical symbols or match 3 identical symbols means to win a prize the ticket must show 3 of an identical symbol, and does not include, and has never included, the possibility of matching 3 symbols by finding a pair for each of 3 different symbols; (c) if 3 matching numbers appear, match any 3 numbers, match 3 numbers, find 3 identical numbers or match 3 identical numbers means to win a prize the ticket must show 3 of an identical number, and does not include, and has never included, the possibility of matching 3 numbers by finding a pair for each of 3 different numbers; (d) match 3 amounts, match the 3 amounts, match 3 identical amounts, find 3 identical amounts or match any 3 identical amounts means to win a prize the ticket must show 3 of an identical amount, and does not include, and has never included, the possibility of matching 3 amounts by finding a pair for each of 3 different amounts; (e) match 3 of the same or match 3 means to win a prize the ticket must show 3 of an identical thing, and does not include, and has never included, the possibility of matching 3 things by finding a pair for each of 3 different things; (f) match 3 words/symbols means to win a prize the ticket must show 3 of an identical word, or symbol, as the case may be, and does not include, and has never included, the possibility of matching 3 words (or symbols) by finding a pair for each of 3 different words (or symbols); (g) find 3 identical symbols or numbers means to win a prize the ticket must show 3 of an identical symbol, or number, as the case may be, and does not include, and has never included, the possibility of matching 3 symbols (or numbers) by finding a pair for each of 3 different symbols (or numbers). (2) In this section, the figure 3 includes the word "three". [Section 3A inserted: No. 9 of 1993 s. 4.] 3B. COVID‑19 pandemic: emergency circumstances and emergency period (1) In this Act, unless the contrary intention appears — emergency circumstances means prohibitions, restrictions or other adverse circumstances or conditions that arise out of — (a) the COVID‑19 pandemic; or (b) measures taken in response to the COVID‑19 pandemic; emergency period means the period beginning on 16 March 2020 and ending on — (a) 15 September 2020; or (b) if another day is fixed under subsection (2) — that day. (2) The Minister may, during the emergency period, make a declaration in writing varying, or from time to time further varying, the duration of the emergency period by fixing a day on which the emergency period is to end. (3) A declaration has effect according to its terms on and from the time it is made. (4) As soon as practicable after making a declaration under subsection (2), the Minister must — (a) give the Commission written notice of the declaration; and (b) publish notice of the declaration in the Gazette; and (c) publish notice of the declaration for public information in any manner that the Minister considers to be appropriate having regard to the circumstances and what is practicable. (5) A failure to comply with subsection (4) does not affect the validity of the declaration. (6) Sections 8B(3) and 8C apply to a declaration made under subsection (2) as if it were a direction given under regulations referred to in section 8B(2). [Section 3B inserted: No. 15 of 2020 s. 4.] Part 2 — Constitution and administration of Commission 4. Commission continued; nature of body etc. (1) The body corporate constituted under section 5 of the Lotteries (Control) Act 1954 and named the "Lotteries Commission" is preserved and continues in existence for the purposes of this Act as a body corporate retaining the same corporate name, corporate identity and common seal. (2) The Commission is a body corporate with perpetual succession and a common seal and is capable of — (a) acquiring, holding and disposing of real and personal property; and (b) suing and being sued; and (c) doing and suffering all such acts and things as bodies corporate may lawfully do and suffer. (3) The Commission is an agent of the Crown in right of the State and enjoys the status, immunities and privileges of the Crown. 5. Members of Commission, appointment of etc. (1) The Commission shall consist of 6 members appointed by the Minister. (2) The Minister shall appoint one of the members as chairperson of the Commission. (3) The Minister shall endeavour to ensure that the Commission has available to it from its own membership expertise relevant to the operations of the Commission, including expertise in the areas of management, finance, computer operations, marketing, health and community services. (4) Schedule 1 has effect with respect to the members and the procedure of the Commission. 6. Functions and powers of Commission (1A) In this section — grant administration services means administration services in relation to a programme of a person or body other than the Commission for making grants of money, including — (a) assessing and evaluating applications for grants under the programme; and (b) monitoring compliance with conditions attached to grants made under the programme. (1) The functions of the Commission are, subject to this Act — (a) to conduct lotteries; [(b), (c) deleted] (d) to perform any other function vested in it by this Act. (2) The Commission may do all things that are necessary or convenient to be done for or in connection with the performance of its functions, including the facilitation of syndicate entries to any games of lotto. (3A) For the purpose of facilitating syndicate entries to games of lotto, the Commission may purchase entries into games of lotto and make portions of those entries available for sale as syndicate shares. (3) The Commission may, with the approval in writing of the Minister — (a) make agreements with one or more designated authorities for the joint conduct with those designated authorities of lotteries; and (b) conduct lotteries jointly with the designated authorities referred to in paragraph (a) in accordance with agreements made under this subsection; and (c) enter into a contract or arrangement with a person or body (including a local government or a department of the Public Service, or other agency or instrumentality, of the State or the Commonwealth) to provide any or all of the following services to that person or body, whether for a fee or not — (i) consultancy services; (ii) advisory services; (iii) grant administration services in relation to a programme of that person or body. (4) A contract or arrangement under subsection (3)(c) can only be made with the Treasurer's concurrence and is void and unenforceable without it. (5) Moneys of another person or body allocated or distributed in grants under a programme that is the subject of a contract or arrangement under subsection (3)(c)(iii) are taken not to be moneys received by the Commission for the purposes of section 20 or 24. (6) Details of grants made by another person or body under a programme that is the subject of a contract or arrangement under subsection (3)(c)(iii) are not to be set out in the schedule required under section 26(1). [Section 6 amended: No. 26 of 1998 s. 6; No. 21 of 2012 s. 4; No. 15 of 2020 s. 5.] 7A. Exemptions from s. 6(4) (1) The Minister, with the Treasurer's concurrence, may by order exempt a contract or arrangement, or class of contracts or arrangements, from the operation of section 6(4) either unconditionally or on specified conditions. (2) An order under subsection (1) is to show sufficient particulars of the contract or arrangement, or class of contracts or arrangements, to which it relates to enable the contract or arrangement, or class, to be identified. (3) The Minister must, within 6 sitting days after an order under subsection (1) is made, cause it to be laid before each House of Parliament. (4) Subject to subsection (5), an order made under subsection (1) is not subsidiary legislation for the purposes of the Interpretation Act 1984. (5) The Interpretation Act 1984 sections 43 (other than subsection (6)) and 44 and Part VIII apply to an order made under subsection (1) as if it were subsidiary legislation. [Section 7A inserted: No. 21 of 2012 s. 5.] 7. Minister may give directions to Commission (1) Subject to subsection (2), the Minister may give directions in writing to the Commission with respect to its functions and powers, either generally or with respect to a particular matter, and the Commission shall give effect to any such direction. (2) Notwithstanding subsection (1), the Minister shall not give directions to the Commission with respect to the distribution of moneys under sections 22 and 24. (3) The text of any direction given under subsection (1) shall be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006. (4) Subsection (1) has effect subject to the Statutory Corporations (Liability of Directors) Act 1996. [Section 7 amended: No. 41 of 1996 s. 3; No. 77 of 2006 Sch. 1 cl. 103(1).] 8. Trading name or symbol, use of by Commission etc. The Commission may use, and operate under, a trading name or symbol approved by the Minister, but the use of such a trading name or symbol does not prevent or affect any proceedings being taken by or against the Commission in its corporate name. 8A. Strategic development plan and statement of corporate intent, Commission to act under The Commission is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. [Section 8A inserted: No. 28 of 2006 s. 427.] 8B. Strategic development plan and statement of corporate intent, preparation and content of etc. (1) The members of the Commission must, at the prescribed times, prepare and submit to the Minister — (a) a strategic development plan for the Commission; and (b) a statement of corporate intent for the Commission. (2) The regulations may make provision for the following — (a) the manner and form in which the members of the Commission are to prepare, submit, revise or modify a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; (c) the matters to be set out in a strategic development plan or statement of corporate intent; (d) the functions of the members of the Commission, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the members of the Commission, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 8C — (a) within 14 days after the direction is given; or (b) if the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 14 days after it is confirmed under that section. (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. [Section 8B inserted: No. 28 of 2006 s. 427.] 8C. Directions by Minister under s. 8B(3), laying before Parliament (1) If — (a) a House of Parliament is not sitting at the commencement of the applicable period referred to in section 8B(3) in respect of a direction; and (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. (2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (3) The laying of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. (4) The text of a direction referred to in section 8B(3) is to be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006. [Section 8C inserted: No. 28 of 2006 s. 427; amended: No. 77 of 2006 Sch. 1 cl. 103(2).] 9. Staff (1) The Commission may appoint such employees, either full‑time or part‑time, as it considers necessary to enable it to carry out its functions. (2) Subject to any relevant order, award or industrial agreement the terms and conditions of office or employment of persons appointed under subsection (1), including the salary or wages payable, are such terms and conditions as the Commission determines after consultation with the Public Sector Commissioner. (3) The Commission may engage under a contract for services any consultant or person to provide administrative, professional, technical or other assistance as it considers necessary to enable the Commission to perform its functions. (4) Notwithstanding anything in this section, to the extent that there is in the case of a person who is appointed under subsection (1) to be an employee of the Commission and who is a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994 1 an inconsistency between this Act and that Act, that Act shall prevail. (5) The engagement of a person under subsection (3) does not — (a) render Part 3 of the Public Sector Management Act 1994, or any Act applying to persons as officers of the Public Service of the State, applicable to that person; or (b) affect or prejudice the application to that person of those provisions if they applied to that person at the time of the engagement of that person. [Section 9 amended: No. 32 of 1994 s. 3(2); No. 39 of 2010 s. 89.] Part 3 — Conduct of lotteries [Heading inserted: No. 26 of 1998 s. 7.] 10. Permit to conduct lottery, Commission to obtain etc. (1) When the Commission desires to conduct a lottery, it is to apply to the Minister for a permit to do so. (2) An application shall — (a) be made at least 14 days before the lottery is conducted; and (b) be duly executed by the Commission in accordance with this Act. (2a) An application for a permit to conduct a lottery shall state — (a) the price of each subscription; and (b) the details of the prize structure of the lottery including prize reserve funds; and (c) the prescribed particulars, if any. (3) On receiving an application under subsection (1), the Minister shall — (a) grant the application, either unconditionally or subject to such conditions as are specified in the permit, and issue to the Commission the permit applied for; or (b) refuse to grant the application. (4) It is a condition of any permit granted under subsection (3) that the lottery may not be conducted unless rules have been made for the conduct of that lottery by the Commission under section 28. [Section 10 amended: No. 26 of 1998 s. 8.] [11. Deleted: No. 26 of 1998 s. 9.] 12. Commission's powers to conduct permitted lotteries Subject to the Commission having obtained a permit as provided by this Act, the Commission may — (a) conduct a lottery without fixing or specifying either an opening date or a closing date, or a date of drawing; (b) conduct 2 or more lotteries at the same time. [Section 12 amended: No. 26 of 1998 s. 10.] 13. Commission's duties when conducting permitted lotteries The Commission shall, in respect of all lotteries for which permits have been granted to it, conduct those lotteries in accordance with this Act and with such conditions as are imposed on the grant of those permits. [Section 13 amended: No. 26 of 1998 s. 11.] 14. Prizes to be specified etc. (1) The Commission shall, in any lottery conducted by it, specify the value and form, whether of money or things of value, of the prizes offered by it in that lottery. (2) The Commission shall not in any lottery conducted by it distribute prizes otherwise than in the value and form specified by the Commission in relation to that lottery. [Section 14 amended: No. 26 of 1998 s. 12.] 15. Prizes, payment of; evidence of winning entries (1) The Commission may pay or deliver a prize won by a participant in a lottery conducted by it on receipt of the winning entry, receipted entry form, or other ticket or evidence of participation provided to a participant by the Commission for the particular lottery, and may require the participant, where appropriate, to endorse that entry, entry form, etc., with the participant's name, address and signature. (2) If a participant alleges that a prize has been won in a lottery, but that the appropriate evidence of participation in that lottery has been lost or destroyed, the Commission may pay or deliver the prize won by the participant, if the participant satisfies the Commission that the participant is entitled to that prize. (3) The Commission is not obliged to satisfy itself that — (a) the purported participant presenting evidence of a winning entry, etc., is lawfully entitled to claim possession or ownership of that evidence; or (b) any signature presented as a part of a verification process is genuine; or (c) the purported participant is not an infant or person under other legal disability. (4) If, as a result of holding unsold syndicate shares at the time of a lotto draw, the Commission is the holder of a winning entry in that game of lotto, the prize allocated to that winning entry is to be treated as if it were an unclaimed prize under section 16, and the moneys credited to the relevant Account without the requirement to wait 12 months. (5) Notwithstanding any law to the contrary, whether relating to infants or to persons under other legal disability or otherwise, payment or delivery of a prize by the Commission under this section constitutes full satisfaction by, and a full and valid discharge to, the Commission. [Section 15 amended: No. 26 of 1998 s. 13; No. 21 of 2012 s. 6.] 15A. Evidence of winning entries: provisions relating to COVID‑19 pandemic (1) This section applies during the emergency period. (2) If the Commission is satisfied that, by reason of emergency circumstances, it is not reasonably practicable for a participant to provide the winning entry, receipted entry form, or other ticket or evidence of participation in accordance with section 15(1), the Commission may pay or deliver a prize in accordance with section 15 if other evidence or information, specified in the rules, is delivered or communicated to it in a manner specified in the rules. (3) Evidence or information specified in the rules for the purposes of subsection (2) may include any or all of the following — (a) a copy, image or facsimile of the winning entry, receipted entry form, or other ticket or evidence of participation provided to a participant by the Commission for the lottery; (b) attestation, confirmation, verification or certification of the validity or correctness of the copy, image or facsimile referred to in paragraph (a); (c) evidence of the identity of the participant claiming the prize; (d) any other evidence or information necessary or convenient for paying or delivering the prize. [Section 15A inserted: No. 15 of 2020 s. 6.] 16. Unclaimed prizes (1) Subject to subsection (2), if a prize in a lottery conducted by the Commission is not claimed within 12 months after the date on which the result of that lottery was publicly declared on behalf of the Commission, the participant's right to recover, and the Commission's liability to pay or deliver that prize, are extinguished. (2) If a prize in an instant lottery conducted by the Commission is not claimed within the period of 12 months next following the date when the last ticket or tickets in each lot of tickets were issued by the Commission to any person in respect of that particular series of instant lottery, the right to recover, and the liability of the Commission to pay or deliver, that prize are extinguished. [(3) deleted] (4) For the purposes of this section, where a cheque has been issued by the Commission in payment of a prize in a lottery, the prize shall not be regarded as having been claimed if the cheque has not been presented for payment. [Section 16 amended: No. 32 of 1992 s. 3; No. 9 of 1993 s. 5; No. 26 of 1998 s. 14.] 16A. Unclaimed prizes: provisions relating to COVID‑19 pandemic (1) In this section — closure day, in relation to an instant lottery, means the day on which the last ticket or tickets in each lot of tickets are issued by the Commission to any person in respect of that particular series of instant lottery. (2) This section has effect despite anything in section 16. (3) The right of a participant to recover a prize in a lottery (other than an instant lottery) conducted by the Commission, and the Commission's liability to pay or deliver that prize, are extinguished if the prize is not claimed by whichever of the following days applies — (a) if the result of the lottery is publicly declared on behalf of the Commission in the period from 16 March 2019 to 15 March 2020 — 16 March 2021; (b) if the result of the lottery is publicly declared on behalf of the Commission in the emergency period — the day which is 24 months after the day on which the result of the lottery is publicly declared. (4) The right of a participant to recover a prize in an instant lottery conducted by the Commission, and the Commission's liability to pay or deliver that prize, are extinguished if the prize is not claimed by whichever of the following dates applies — (a) if the closure day is in the period from 16 March 2019 to 15 March 2020 — 16 March 2021; (b) if the closure day is in the emergency period — the day which is 24 months after the closure day. (5) For the purposes of this section, where a cheque has been issued by the Commission in payment of a prize in a lottery, the prize is not to be regarded as having been claimed if the cheque has not been presented for payment. [Section 16A inserted: No. 15 of 2020 s. 7.] 17. Fully subscribed lotteries, dealing with applications for tickets in Where a lottery conducted by the Commission is fully subscribed and thereafter applications are received or subscriptions are offered for tickets in the lottery, if the amount tendered in the application or offered as a subscription so permits, the Commission shall allot to the applicant tickets in another lottery of a similar type if one is then being conducted by the Commission or in the next lottery of a similar type to be conducted by the Commission, whether or not the tickets are of the same price or the subscriptions are of the same amount as the tickets or subscriptions originally applied for or offered by the applicant. [Section 17 amended: No. 26 of 1998 s. 15.] 18. Selling etc. lottery ticket to person under 16, offence A person shall not knowingly — (a) sell a ticket in a lottery; or (b) cause or permit a ticket in a lottery to be sold, to a child under 16 years of age. Penalty: $200. [Section 18 inserted: No. 26 of 1998 s. 16.] Part 4 — Financial provisions 19. Terms used In this Part — approved purpose means a benevolent or charitable purpose; eligible organization means — (a) an institution, association, club, society, organization or body, whether incorporated or not — (i) that is not a Minister of the Crown in right of the State, Government department, State trading concern, State instrumentality or State public utility; and (ii) that is not operated for the purpose of profit or financial gain to individual members, shareholders or owners; or (b) a local government, regional local government or regional subsidiary; year means a period of 12 months ending on 30 June. [Section 19 amended: No. 32 of 1992 s. 4; No. 74 of 1994 s. 4; No. 14 of 1996 s. 4; No. 26 of 2016 s. 68.] 20. Commission's funds, expenses etc.; Lotteries Commission Account (1) Subject to this Act, the Commission shall be responsible for managing its own finances. (2) The funds and property available to the Commission for the purposes of this Act are — (a) moneys received by the Commission under this Act in respect of lotteries conducted by it; and (b) any moneys derived from investment under section 21; and (c) any other moneys or property that may lawfully be received by the Commission for the purposes of this Act. (3) The moneys referred to in subsection (2) shall be paid into, and placed to the credit of, banking accounts opened with the approval of the Treasurer and operated for the purposes of this Act, which together shall be taken to constitute an account known as the Lotteries Commission Account. (4) All expenditure incurred by the Commission for the purpose of performing its functions under this Act shall be paid from an account forming a part of the Lotteries Commission Account referred to in subsection (3) and moneys standing to the credit of the Lotteries Commission Account shall be applied only for the purposes of this Act. (4a) The Commission shall not permit the bank accounts constituting the Lotteries Commission Account to be overdrawn except with the approval of, and subject to any terms and conditions imposed by, the Treasurer. (5) The total expenses of conducting lotteries in any one year including add‑on commissions payable on subscriptions, the allowances and remuneration of the members of the Commission and all other expenses attributable to those lotteries shall not in that year exceed 25% of the gross amount received from commissions and subscriptions. (6) The Commission may, with the approval in writing of the Minister, apply part or all of the balance of moneys re