Lotteries Commission Act 1990
Lotteries Commission (Instant Lottery) Rules 1996
Lotteries Commission Act 1990
Lotteries Commission (Instant Lottery) Rules 1996
Western Australia
Lotteries Commission (Instant Lottery) Rules 1996
Contents
Part 1 — Preliminary
1.Citation1
2.Interpretation1
3.Application2
Part 2 — Tickets
4.Security code3
4A.Ticket identification number3
5.All prizes may be claimed before ticket lot sold3
5A.Issue of Tickets4
6.Void tickets4
7.Tickets voidable at the discretion of the Commission4
8.Limited liability of Commission for void tickets5
Part 3 — Instant prizes
9.Claims for instant prizes6
9A.Validation Period6
Part 4 — Second stage
9AA.Entries8
10.Supervision of draw or selection of tickets8
11.Eligibility for second stage prizes9
12.Tickets drawn or selected to be checked9
13.Second stage prizes10
14.Multiple names on ticket10
Part 5 — Miscellaneous
15.Rules to be made available11
16.Publication of name and address of prize winners11
16A.No obligation to release information11
17.Statutory declarations12
18.Decisions of Commission final and binding12
Notes
Compilation table13
Defined terms
Western Australia
Lotteries Commission Act 1990
Lotteries Commission (Instant Lottery) Rules 1996
These rules may be cited as the Lotteries Commission (Instant Lottery) Rules 1996.
In these rules, unless the contrary intention appears —
agent means a person appointed by the Commission as its agent for purposes associated with instant lottery games, and includes any branch or section of the Commission;
computer linked terminal means a computer terminal that is linked to a central processing computer at the Commission, and which allows an agent to verify whether a ticket entitles the holder of that ticket to an instant prize;
instant lottery promotion means a second stage draw competition run by the Commission involving one or multiple instant lotteries;
instant prize means a prize in the first stage of an instant lottery that is ascertained when the holder of a ticket removes from the surface of the ticket the opaque material covering the amounts, pictures, figures, letters or other symbols (excluding any security code) printed on the ticket;
name and address means (as a minimum) the surname, initials, and residential address and postcode of a person;
payout period means the period from the purchase of a ticket to a day 12 months from the day that the last ticket of the lot of which that ticket is a part was issued by the Commission for sale;
ticket means an instant lottery ticket;
ticket identification number has the meaning given in rule 4A;
validation period applies to prizes of $5,000 or more and means the period of time commencing at midnight on the day of presentation of the winning instant lottery ticket at the Lotteries Commission head office and ending at the close of business on the 14th day following that day (or on the business day preceding that 14th day, if the day falls on a public holiday);
void, in relation to a ticket, means —
(a)void and incapable of winning a prize under rule 6; or
(b)determined by the Commission to be void and incapable of winning a prize under rule 7.
[Rule 2 amended: Gazette 20 Mar 1998 p. 1533; 7 Jan 2020 p. 11.]
(1)Subject to subrule (2), these rules apply in relation to all instant lotteries conducted by the Commission.
(2) Part 4 applies only in relation to instant lottery promotions.
[Rule 3 amended: Gazette 7 Jan 2020 p. 11.]
(1)The Commission may include a security code on any part of a ticket for the purpose of verifying whether the ticket entitles the holder to an instant prize or identifying counterfeit or reconstituted tickets.
(2) A security code may be —
(a)characters, words, numerals, symbols or other markings; and
(b)printed, stamped, embossed or otherwise shown on the ticket.
(3) A security code included on a ticket is not part of the play instructions for the lottery, and and cannot be used or interpreted to determine the value of an instant prize, to enhance the value of an instant prize or to qualify the ticket holder to participate in the second stage of the lottery or an instant lottery promotion.
[Rule 4 amended: Gazette 7 Jan 2020 p. 11.]
4A.Ticket identification number
The Commission may include on any part of a ticket a unique identification distinguishing number (ticket identification number) which may be used for the purposes of rule 9AA(3).
[Rule 4A inserted: Gazette 7 Jan 2020 p. 11.]
5.All prizes may be claimed before ticket lot sold
The Commission may continue to distribute, and agents may continue to sell, instant lottery tickets from a particular lot even if all the instant prizes (including the top prize) for that lot of tickets have already been won or claimed.
The Commission may nominate a date on the Lotterywest website for when the Commission will cease to issue tickets in a particular lot of tickets to an agent for sale irrespective of whether the Commission has unsold books.
[Rule 5A inserted: Gazette 7 Jan 2020 p. 12.]
A ticket is void and incapable of winning a prize if the ticket —
(a)has a number under the “void if removed “or agent use only”” panel that is missing, incomplete, obliterated or illegible;
(b)has on it or contains information, other than the information referred to in rule 11, that has been altered in any way;
(c)has the words “void”, “not for sale” or “specimen” marked under the “void if removed” or “agent use only” panel, or elsewhere on the ticket;
(d)has been stolen from the Commission or an agent;
(e)has been misprinted;
(f)is counterfeit; or
(g)has been reconstituted by joining parts of 2 or more tickets together to produce another ticket.
[Rule 6 amended: Gazette 7 Jan 2020 p. 12.]
7.Tickets voidable at the discretion of the Commission
(1)The Commission may determine that a ticket is void and incapable of winning a prize if the ticket —
(a)has been damaged or mutilated;
(b)has a portion of the ticket (other than a number under the “void if removed” “or agent use only” panel) missing; or
(c)is, in the opinion of the Commission, defective in any other manner.
(2) The Commission may make a determination under subrule (1) —
(a)during the first stage of an instant lottery, at any time prior to an instant prize being paid to the ticket holder; and
(b)during the second stage of an instant lottery, or an instant lottery promotion, at any time prior to a second stage prize being paid or given to the ticket holder even if —
(i)the ticket has been drawn or selected as a potential winning ticket; or
(ii)an instant prize has been paid in relation to that ticket.
(3)The Commission must not make a determination under subrule (1) in relation to a ticket by reason only of —
(a)the removal from the surface of the ticket of the opaque material that covers the amounts, pictures, figures, letters or other symbols printed on the ticket which indicate whether or not the holder of the ticket is entitled to an instant prize or to participate in the second stage of the lottery or both; or
(b)the separation of a portion of the ticket that is intended to be both —
(i)part of the original ticket; and
(ii)once removed, a ticket that may be entered in the second stage of the lottery.
[Rule 7 amended: Gazette 7 Jan 2020 p. 12.]
8.Limited liability of Commission for void tickets
The liability of the Commission, if any, for a void ticket is limited to substituting a valid ticket for the ticket which is void.
(1)To claim an instant prize the holder of a winning ticket must present it to either the Commission or an agent depending on the amount of the instant prize within the payout period for that ticket and after any applicable validation period.
(2)An instant prize is to be paid to the holder of the winning ticket when the ticket is presented to either the Commission or the agent depending on the amount of the instant prize within the payout period for that ticket and after any applicable validation period.
(3) The Commission, or an agent must not pay an instant prize in respect of a ticket presented in accordance with this rule if that ticket has already been —
(a)marked “paid”; or
(b)identified through a computer linked terminal as having been paid,,
by the Commission, or an agent.
[Rule 9 amended: Gazette 20 Mar 1998 p. 1533; 7 Jan 2020 p. 12.]
(1)If a player wins a prize and there is no validation period for the relevant instant lottery game, the Commission must pay the prize to the player as soon as is practicable after presentation of the ticket.
(2)The requirement to pay a prize is dependent on a claim being made by the player and the player confirming their identity and bank account details for the Commission.
(3)If there is a validation period to claim the prize, the Commission must pay the prize to the player following the conclusion of the validation period provided the conditions under subrule (2) have been met, save that the Commission may exercise it’s absolute discretion to pay a prize prior to the expiry of the validation period.
[Rule 9A inserted: Gazette 7 Jan 2020 p. 12.]
(1)For the purposes of this Part, a person may enter a ticket in the second stage of an instant lottery or an instant lottery promotion by—
(a)digitally entering the ticket in accordance with subrules (2) and (3); or
(b)such other means as directed by the Commission.
(2)A ticket is digitally entered in the second stage of an instant lottery or an instant lottery promotion if the holder of the ticket successfully enters the ticket in the second stage of the lottery by means of the Lotterywest website or as directed by the Commission.
(3)The holder of a ticket must, at the time of digitally entering the ticket in the second stage of an instant lottery or an instant lottery promotion, provide the ticket identification number of the ticket.
[Rule 9AA inserted: Gazette 7 Jan 2020 p. 12-13.]
10.Supervision of draw or selection of tickets
(1)The Commission must ensure that the draw or selection of a potential winning ticket in the second stage of an instant lottery or an instant lottery promotion is supervised —
(a)by an officer from the department of the Public Service principally assisting in the administration of the Gaming and Wagering Commission Act 1987; or
(b)where, in the opinion of the Commission, it is not necessary for an officer referred to in paragraph (a) to supervise that stage of the lottery, by such person and in such a manner as determined by the Commission.
(2) Subrule (1) does not apply to a second stage that is determined by a race or other event that occurs independently of the Commission.
[Rule 10 amended: Gazette 7 Jan 2020 p. 13.]
11.Eligibility for second stage prizes
A ticket is not eligible to win a prize in the second stage of an instant lottery or an instant lottery promotion if the ticket—
(a)does not have the name and address of the person to whom any prize relating to that ticket is to be paid clearly printed in the appropriate space on the back of the ticket; or
(b) is not signed by that person or a person acting on that person’s behalf; or
(c)the holder of the ticket has not complied with rule 12(1A) where the ticket was digitally entered in the second stage of the lottery
[Rule 11 inserted: Gazette 7 Jan 2020 p. 13.]
12.Tickets drawn or selected to be checked
(1)When a ticket is drawn or selected to win a second stage prize the Commission must check that the ticket is not void and is eligible to win a second stage prize.
(1A)If the drawn or selected ticket was digitally entered in the second stage of the lottery or an instant lottery promotion, the holder of the ticket must provide the ticket to the Commission for the purposes of subrule (1) in the manner notified by the Commission on the Lotterywest website.
(2) Where a drawn or selected ticket is void or is not eligible to win a second stage prize, another ticket must be drawn or selected in place of the void or ineligible ticket and this rule then applies to the replacement ticket.
[Rule 12 amended: Gazette 7 Jan 2020 p. 13.]
(1)To claim a second stage prize the prize winner must claim the prize from the Commission within 12 months from the date when the last ticket or tickets in the lot of tickets to which the second stage draw relates were issued by the Commission.
(2) A second stage prize which is a monetary prize is to be paid by the Commission in the manner determined by the Commission.
(3) The winner of a non‑monetary second stage prize may convert the prize into a monetary prize of an amount equal to the retail value of the non‑monetary prize if the conversion is specified in the permit for that lottery.
(4) Where a second stage prize is not claimed from the Commission in accordance with subrule 13(1) and the relevant terms and conditions the prize is forfeited and;
[Rule 13 amended: Gazette 7 Jan 2020 p. 13.]
Where more than one name and address is inserted on the back of a second stage winning ticket, the prize is to be paid or given to the person whose name and address appears first on the ticket.
(1)A copy of these rules must be kept and maintained on the Lotterywest website.
(2)In addition to the requirement in subrule (1) the Commission may also publicise the rules, and any amendment to them, in any other manner it thinks fit.
[Rule 15 inserted: Gazette 7 Jan 2020 p. 13.]
16.Publication of name and address of prize winners
The Commission may publish the name and address of a prize winner, except in an instance where the winner has expressed to the Commission in an appropriate manner not to publish those details.
[Rule 16 amended: Gazette 7 Jan 2020 p. 14.]
16A.No obligation to release information
Nothing in these rules requires the Commission to release to a person, or to the public generally, information as to —
(a)whether any or all of the prizes for a particular lot of tickets, or a particular instant lottery or an instant lottery promotion, have been won or claimed;
(b)the persons who have won or claimed prizes in an instant lottery or an instant lottery promotion; or
(c)the amount (if any) of the prize pool still available to be won from a particular lot of tickets, or a particular instant lottery or an instant lottery promotion.
[Rule 16A inserted: Gazette 21 Jul 2000 p. 3891; amended: Gazette 7 Jan 2020 p. 14.]
(1)In order to satisfy itself of the identity of a prize winner, the Commission may require the person claiming the prize to complete a statutory declaration containing such information as the Commission considers necessary.
(2) Before paying any prize the Commission may require the person claiming the prize to complete a statutory declaration stating that the person has not acted in a manner contrary to the Act or these rules in relation to a ticket.
(3) If the holder of a ticket refuses or fails to provide a statutory declaration when required to do so, the Commission may refuse to pay a prize to that person.
[Rule 17 amended: Gazette 7 Jan 2020 p. 14.]
18.Decisions of Commission final and binding
A decision or determination by the Commission in relation to an instant lottery is final and binding upon the holders of tickets, and any other persons claiming prizes, in respect of the lottery.
[19.Omitted under the Reprints Act 1984 s. 7(4)(f).]
[20.Omitted under the Reprints Act 1984 s. 7(4)(e).]
This is a compilation of the Lotteries Commission (Instant Lottery) Rules 1996 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
|
Citation |
Published |
Commencement |
|
Lotteries Commission (Instant Lottery) Rules 1996 |
23 Jul 1996 p. 3525‑36 |
23 Jul 1996 |
|
Lotteries Commission (Instant Lottery) Amendment Rules 1998 |
20 Mar 1998 p. 1533 |
29 Mar 1998 (see r. 2) |
|
Lotteries Commission (Instant Lottery) Amendment Rules 2000 |
21 Jul 2000 p. 3891‑2 |
21 Jul 2000 |
|
Reprint 1: The Lotteries Commission (Instant Lottery) Rules 1996 as at 10 Oct 2003 (includes amendments listed above) |
||
|
Lotteries Commission (Instant Lottery) Amendment Rules 2019 |
7 Jan 2020 p. 11-14 |
r. 1 and 2: 7 Jan 2020 (see r. 2(a)); |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
agent2
computer linked terminal2
instant lottery promotion2
instant prize2
name and address2
payout period2
ticket2
ticket identification number2
validation period2
void2