LAWS OF WESTERN SAMOA

NATIONAL LOTTERIES ACT 1978

ANALYSIS

TITLE

PART I
PRELIMINARY

1. Short Title
2. Interpretation

PART II
NATIONAL LOTTERIES BOARD

3. National Lotteries Board
4. Functions of the Boards
5. Terms of office of appointed members
6. Extraordinary vacancies
7. Meetings of the Board Members
8. Remuneration of Board Members

PART III
FINANCIAL PROVISIONS

9. Funds of the board
10. General expenditure
11. Investment of undistributed net proceeds
12. Payments of Government
13. Prizes exempt from taxation
14. Unclaimed prizes
15. Lottery duty imposed
16. Banking of money
17. Accounts of funds of the Board to be kept and audited
18. Annual report and accounts to be laid before the Legislative Assembly

PART IV
PROMOTION OF LOTTERIES

19. Board may promote lotteries
20. Conduct of lotteries
21. Selling agents

DRAWING OF LOTTERIES

22. Method of drawing
23. Lottery not to be drawn until all tickets are sold
24. Lottery to be drawn in the presence of police
25. Drawings to be open to public
26. Official result

PART V
DISTRIBUTION OF NET PROCEEDS

27. Distribution of net proceeds
28. Applications for assistance
29. Payments of grants

PART VI
MISCELLANEOUS

30. Appointment of officers
31. Protection from prosecution
32. Offences
33. Regulations

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THE NATIONAL LOTTERIES ACT 1978

1978, No. 7

AN ACT for the establishment and administration of a National Lotteries Board to promote and to distribute the profits of national lotteries.
(16 August 1978)

PART I
PRELIMINARY

1. Short title - This Act may be cited as the National Lotteries Act 1978.

2. Interpretation- In this Act, unless the context otherwise requires:

"Board" means the National Lotteries Board established under this Act.

"Lottery" means a lottery promoted by the Board under this Act.

"Member of police" means a member of the Police Service of Western Samoa.

"Minister" means the Minister of Finance.

"Net proceeds" means any funds of the Board not paid out under the provisions of section 10 of this Act.

"Secretary" means the Secretary of the Board appointed under section 30 of this Act.

"Year" or "Financial year" means the period from the 1st January in any year to the 31st December in that year.

PART II
NATIONAL LOTTERIES BOARD

3. National Lotteries Board - (1) For the purposes Act there shall be a Board to be called the National Lotteries Board shall:

(a) Be a body corporate with perpetual succession and a seal;

(b) Be capable of suing and being sued in its corporate name;

(c) Be capable of holding, purchasing and otherwise acquiring disposing of any property, movable or immovable, for purpose of carrying out its functions under this Act.

(2) The Board shall consist of:

(a) The Financial Secretary (who shall be Chairman);

(b) The Director of Education and the Secretary for Youth, Sports and Cultural Affairs;

(c)Two other persons appointed by the Head of State, acting on the advice of Cabinet.

(3) If any member of the Board is temporarily incapacitated by illness, absence, or other sufficient cause from attending any meeting of the Board:

(a) In the cases of the Financial Secretary, the Director of Education and the Secretary for Youth, Sports and Cultural Affairs, any authorized senior officer of his Department; and

(b) In the case of an appointed member, any person nominated for the purpose by the Minister,-

may attend the meeting as the deputy of such member.

(4) No deputy shall act as Chairman of the Board.

(5) Any person who attends a meeting of the Board pursuant to this section shall for the purposes of that meeting be deemed to be a member of the Board.

4. Functions of the Board - (1) The Board shall promote lotteries and receive and allocate all funds of the Board in accordance with this Act.

(2) The Board shall have such other functions and powers as are conferred on it by this Act.

5. Terms of office of appointed members - (1) Except as otherwise provided by this Act, every member of the Board appointed under section 3(2) (c) of this Act shall be appointed for a term of 3 years but may from time to time be re-appointed.

(2) Notwithstanding anything to the contrary in this section every appointed member of the Board, unless he sooner vacates his office under section 6(1) of this Act, shall continue in office until his successor comes into office.

6. Extraordinary vacancies - (1) Any appointed member of the Board may at any time be removed from office by the Head of State for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Head of State or may at any time resign his office by written notice given to the Minister.

(2) If any appointed member of the Board dies, or resigns, or is removed from office, his office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy.

(3) An extraordinary vacancy shall be filled by the appointment of a person in the same manner as the appointment of' the vacating member.

(4) Every person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed.

(5) The powers of the Board shall not be affected by any vacancy in the membership thereof

7. Meetings of the Board - (1) The first meeting of the Board shall be held on a day to be appointed in that behalf by the Chairman.

(2) Subsequent meetings of the Board shall be held at such times and places as the Board from time to time appoints.

(3) The Chairman of the Board, or any 2 members thereof, may at any time call a special meeting of the Board.

(4) At all meetings of the Board the quorum necessary for the transaction of business shall be 3 members.

(5) The Chairman shall preside at all meetings of the Board at which he is present.

(6) Subject to the provisions of section 3(4) of this Act, the members present shall elect one of their number to preside at any meeting, from which the Chairman is absent.

(7) All questions arising at any meeting of the Board shall be decided by a majority of the valid votes recorded thereon.

(8) At any meeting of the Board the Chairman or other person presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(9) A resolution in writing signed or assented to by letter or telegram by all members of the Board shall be as valid and effectual as if it had been passed at a meeting of the Board duly called and constituted.

(10) Subject to the provisions of this Act and of any regulations hereunder the Board may regulate its procedure in such manner as it thinks fit.

8. Remuneration of Board members - Every member of the Board who is not a full-time salaried employee of the Government of Western Samoa shall be paid, out of the funds of the Board, such remuneration and allowances as may from time to time be fixed by Cabinet.

PART III
FINANCIAL PROVISIONS

9. Funds of the Board - The funds of the Board shall consist of:

(a) All moneys held in the National Lotteries Treasury Trust Account at the commencement of this Act, and all moneys payable into that account from the proceeds of national lotteries held before this Act comes into force;

(b) All proceeds from the sales of tickets in any lottery;

(c) All investments by the Board authorized under this Act, and all income from such investments;

(d) Any moneys appropriated by the Legislative Assembly whether by way of loan or otherwise, for purposes of administration of this Act.

10. General expenditure - (1) There may from time to time be paid out of the funds of the Board such amounts as the Board approves:

(a) For the purpose of acquiring equipment for drawing lotteries and maintaining, testing, and checking any such equipment, whether the equipment was acquired before or after the passing of this Act;

(b) For any expenses incurred in lotteries including:

(i) All prize-moneys payable in respect of any lotteries;

(ii) Any commission or other remuneration selling agents;

(iii) Any bonuses payable to the sellers of winning tickets;

(iv) All expenses incurred for the printing of tickets and advertising of lotteries.

(c) For such payments as the Board is required to make under sections 8 and 15 of this Act;

(d) For meeting any other liabilities of the Board and any other expenses incidental to the administration of this Act.

(2) Any funds of the Board which are not paid out under subsection (1) of this section shall be distributed as net proceeds under section 27 of this Act:

PROVIDED THAT nothing in the foregoing provision shall prevent the Board from investing net proceeds in accordance with section 11 of this Act.

11. Investment of undistributed net proceeds - (1) The Board may invest any net proceeds in any of the following ways:

(a) In any Western Samoa Government securities, or in any of the stock, funds, or other securities of a Commonwealth Government;

(b) On real securities in Western Samoa to which subsection (3) of this section applies,

(c) On deposit in any bank.

(2) Any such investments may be varied from time to time.

(3) In this section the term "real security" means a first mortgage of an estate in freehold and a first sub-mortgage of such a first mortgage.

12. Payments by Government - If the Board is at any time unable to pay any sum which is required to be paid under the provisions of this Act, the sum required shall be paid to the Board by the Government of Western Samoa and shall be charged and issued out of the Treasury Fund without further appropriation.

13. Prizes exempt from taxation - All prize-moneys received by prize-winners in any lottery shall be wholly exempt from income tax.

14. Unclaimed prizes - If no person establishes his claim to a prize in any lottery, to the satisfaction of the Board, within 6 months after the result of the drawing of the lottery is advertised, the Board shall deal with the prize-money as if it were part of the net proceeds:

PROVIDED THAT the Board, in its discretion, may at any time after the expiration of that 6 months, authorise payment of the amount of the prize out of the undistributed funds of the Board to any person who satisfies the Board that he is entitled to it.

15. Lottery duty imposed - (1) There shall be payable to the Government of Western Samoa a duty to be known as lottery duty at the rate of 5 per cent of the nominal value of all tickets represented in the drawing of any lottery, whether the tickets have been disposed of by sale or otherwise.

(2) The Board shall within 14 days after the date of the drawing of a lottery pay the lottery duty due in respect of that lottery to the Commissioner of Inland Revenue.

16. Banking of money - (1) The Board shall at the commencement of this Act establish and thereafter maintain with any bank in Western Samoa an account to be known as the National Lotteries Account.

(2) The funds of the Board shall be paid into the National Lotteries Account.

(3) There shall be paid out of the National Lotteries Account all costs, charges, and expenditure incurred by the Board in its operations and all other moneys lawfully payable by the Board.

(4) There may be established, within the National Lotteries Account, such special accounts or subsidiary accounts as the Board may consider necessary or expedient for the proper operation of the Board.

(5) Every account under this section shall be operated only by cheque or other instrument signed by any person who is authorised in that behalf by the Board and countersigned by any other person who is so authorised.

17. Accounts of funds of the Board to be kept and audited - (1) Within 4 months after the end of each financial year, the Board shall have prepared a balance sheet, profit and loss account and statement of source and application of funds, and such other statements of account as are necessary to show fully the financial position of the Board and the financial results of its operations during that year.

(2) The balance sheet, statement and other accounts shall be audited by the Audit Office which for that purpose shall have the same powers as it has in respect of public money within the meaning of the Public Moneys Act 1964.

18. Annual report and accounts to be laid before the Legislative Assembly - (1) As soon as may be reasonably practical after the end of each financial year the Board shall send to the Minister a report of its proceedings and operations for that year together with a copy of its audited accounts for that year and the report of the Audit Office on those accounts.

(2) A copy of the report and of the accounts of the Board, together with a copy of the report of the Audit Office on the accounts, shall be laid before the Legislative Assembly within 28 days after their receipt by the Minister, if the Legislative Assembly is then sitting, or if the Legislative Assembly is not sitting, then within 28 days after the commencement of the next session of the Legislative Assembly.

PART IV
PROMOTION OF LOTTERIES

19. Board may promote lotteries - The Board may from time to time promote lotteries, to be known by such names as the Board thinks fit.

20. Conduct of lotteries - (1) Every lottery shall be conducted in such manner as the Board thinks fit.

(2) Without limiting the powers of the Board under subsection (1) of this section, the Board may from time to time determine with respect to any lottery or to lotteries generally:

(a) The number of tickets therein;

(b) The price to be charged for tickets;

(c) The number and amounts of the prizes to be distributed;

(d) The form of the tickets;

(e) The rate of commission or other remuneration to be paid to the selling agents;

(f) The bonuses (if any) to be paid to agents selling winning tickets;

(g) The amounts to be expended on the printing of tickets and the advertising for the lottery.

21. Selling agents - (1) Selling agents may from time to time be appointed by the Board upon such conditions as may be agreed upon by the Board and the selling agents.

(2) The commission or other remuneration to which selling agents are entitled shall be payable by the Board from the proceeds of the sale of tickets.

DRAWINGS OF LOTTERIES

22. Method of drawing - Every lottery shall be drawn in such manner as the Board directs from time to time.

23. Lottery not to be drawn until all tickets are sold - No lottery shall be drawn until all the tickets therein have been sold:

PROVIDED THAT where the Board is satisfied that any tickets have been lost in transit to a selling agent or cannot be sold, it may authorise the drawing of the lottery subject to those tickets being excluded from the draw.

24. Lottery to be drawn in true presence of police - Every lottery shall be drawn in the presence of 2 members of police, at least one of whom shall be of a rank not lower than a senior sergeant.

25. Drawings to be open to public - The drawing; of every lottery shall be open to the public, and the time and place thereof shall be advertised by the Board in such manner as the Board directs from time to time.

26. Official result - (1) The persons drawing the lottery shall, immediately after the draw, prepare a certified statement setting out the results of the draw and shall furnish the statement to the Secretary.

(2) The 2 members of police in whose presence a lottery is drawn shall, immediately after the draw, supply to the Secretary a certificate stating whether or not the lottery has been drawn in accordance with the directions given by the Board pursuant to section 22 of this Act.

(3) Where a lottery is certified, pursuant to subsection (2) of this section, as having been drawn in accordance with the directions of the Board, the statement prepared pursuant to subsection (1) of this section shall be the official result of the draw, and the prizes shall be paid in accordance therewith.

(4) The official result of the drawing of any lottery shall be advertised in such manner as the Board directs from time to time.

PART V
DISTRIBUTION OF NET PROCEEDS

27. Distribution of net proceeds - (1) Subject to the provisions of subsection (2) of this section, the Board may distribute the net proceeds of lotteries as it thinks fit.

(2) The net proceeds of lotteries shall be distributed for charitable, philanthropic, educational, sporting, or cultural purposes or for other purposes beneficial to the community and for no other purpose.

(3) Without limiting the generality of subsection (1) of this section, the Board may distribute the net proceeds of lotteries for any of the following purposes:

(a) The welfare of aged persons;

(b) The provision of social amenities and the promotion of social welfare;

(c) The provision of recreational and sports facilities and the encouragement of beneficial activities by young people;

(d) The encouragement of all types of cultural and artistic activities;

(e) The promotion of medical research;

(f) The promotion of scientific research;

(g) Such other purposes as may from time to time be prescribed by regulations under this Act.

28. Application for assistance - (1) Any member of an organisation appointed for the purpose may make application to the Secretary of the Board on behalf of the organisation for assistance from the net proceeds of lotteries, and the Secretary of the Board shall refer each application to the Board for consideration.

(2) Upon the receipt of any application made under subsection (1) of this section, the Board having regard to the amount available for distribution and to all relevant matters, shall determine:

(a) Whether or not the application should be granted; and if so;

(b) The amount which should be granted,-

and shall notify the Secretary of any such determination.

(3) Any grant by the Board under this section may be subject to such terms and conditions not inconsistent with this Act as the Board thinks fit.

29. Payments of grants - On receipt of any determination of the Board under section 28 of this Act approving a grant, the Secretary shall cause the amount of the grant to be paid in accordance with the terms of the approval and shall notify the person who has made the application for the grant of any terms or conditions attached to grant.

PART VI
MISCELLANEOUS

30. Appointment of officers - (1) There shall be appointed in accordance with the Public Service Act 1977 No. 21 a Secretary of the Board and such other officers as may be necessary for the administration of this Act.

(2) Any officer of the Public Service may be appointed under this section notwithstanding that he holds any other office in the Public Service, and any such officer may hold office under this section in conjunction with any other office in the Public Service.

31. Protection from prosecution - No suit or prosecution shall lie:

(a) Against the Board for any act which in good faith is done or purported to be done by the Board under this Act;

(b) Against any member, officer, servant or agent of the Board for any act which in good faith is done or purported to be done by him under this Act or on the direction of the Board.

32. Offences - Every person commits an offence, and is liable on conviction to a fine not exceeding $100, who:

(a) Not being a duly appointed selling agent, sells or offers for sale any ticket in any lottery; or

(b) Gives or disposes of or offers to give or dispose of a ticket in a lottery to any person in consideration of that person buying or having bought any goods or services or the right to attend any entertainment; or

(c) By any means advertises that he will receive money for a share in a ticket in any lottery; or

(d) Prints or publishes any such advertisement.

33. Regulations- The Head of State, acting on the advice of Cabinet, may from time to time make regulations for all or any of the following purposes:

(a) Providing safeguard against fraudulent or improper practices in respect of lotteries or tickets therein or the drawing thereof or against the trafficking in lottery tickets;

(b) Prescribing conditions governing the sale of tickets in lotteries;

(c) Prescribing fines not exceeding $100 for a breach of any such regulations;

(d) Generally providing for such matters as are contemplated by or necessary for giving full effect to this Act and for the due administration thereof.

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The National Lotteries Act 1978 is administered in the Department of Treasury