16—The Lotteries Fund
(1) The Commission
must establish an account to be known as the "Lotteries Fund" at an ADI in
this State, being an account and ADI approved by the Treasurer.
(2) The Commission
must pay into the Lotteries Fund all money received by the Commission.
(3) The Lotteries Fund
must be applied by the Commission as follows:
(a) in
payment of prizes in lotteries and for the purpose of holding money in reserve
for the payment of prizes in lotteries; and
(b) in
payment of the GST in respect of net gambling revenue and agents' commission;
and
(c) in
payment to the Recreation and Sport Fund of 48.9% of net gambling revenue in
respect of all sports lotteries and special lotteries conducted by
the Commission; and
(ca) in
payment to the body or bodies specified by the Minister under
section 13AB(2) as the beneficiary or beneficiaries of a particular
special appeal lottery of—
(i)
an amount equal to the net proceeds in respect of the
special appeal lottery less the GST paid or payable in respect of the lottery;
and
(ii)
the amount of any unclaimed prizes in respect of the
lottery; and
(d) in
payment to the Hospitals Fund of—
(i)
48.9% of net gambling revenue in respect of all lotteries
conducted by the Commission except sports lotteries, special lotteries,
special appeal lotteries and keno lotteries; and
(ii)
61.1% of net gambling revenue in respect of all keno
lotteries conducted by the Commission; and
(e) in
payment of amounts approved by the Minister for the capital, administrative
and operating expenses of the Commission; and
(f) for
the purposes of the Unclaimed Prizes Reserve under section 16C; and
(g) in
payment to the Recreation and Sport Fund, at intervals determined by the
Treasurer, of an amount equivalent to the net proceeds of all sports lotteries
and special lotteries conducted by the Commission less—
(i)
the GST paid or payable in respect of those lotteries;
and
(ii)
the amounts paid or payable in respect of those lotteries
under paragraph (c); and
(h) in
payment to the Hospitals Fund, at intervals determined by the Treasurer, of
that part of the Fund not required for the purposes of the other paragraphs of
this subsection or for the purposes of subsection (4).
(4) The Commission may
retain in the Lotteries Fund such amounts as are approved by the Minister as
being reasonably required for future capital, administrative and operating
expenses of the Commission.
(5) In this
section—
"agents' commission" means a charge included in the price of each ticket in a
lottery to be paid to the agent who sells the ticket;
"GST" means the tax payable under the GST law;
"GST law" means—
(a)
A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
and
(b) the
related legislation of the Commonwealth dealing with the imposition of a tax
on the supply of goods, services and other things;
"net gambling revenue" means the total amount subscribed or contributed to, or
paid for the purchase of tickets (excluding agents' commission) in, a lottery
conducted by the Commission less the total amount of the prizes paid in
respect of the lottery.