Consolidated Acts of Samoa 2016
NATIONAL LOTTERIES ACT 1978
Arrangement of Provisions
NATIONAL LOTTERIES BOARD
Drawings of Lotteries
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 and for related purposes.
(Assent and commencement date: 16 August 1978)
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 Samoa;
“Minister” means the Minister of Finance;
“net proceeds” means any funds of the Board not paid out under the provisions of section 10;
“Secretary” means the Secretary of the Board appointed under section 30;
“year” or “financial year” means the period from 1 January in any year to 31 December in that year.
NATIONAL LOTTERIES BOARD
3. National Lotteries Board – (1) For the purposes of this Act, there is to be a Board to be called the National Lotteries Board, which shall:
(a) be a body corporate with perpetual succession and a seal; and
(b) be capable of suing and being sued in its corporate name; and
(c) be capable of holding, purchasing and otherwise acquiring and disposing of any property, movable or immovable, for the purpose
of carrying out its functions under this Act.
(2) The Board consists of the following:
(a) the Chief Executive Officer of the Ministry of Finance (who shall be Chairperson);
(b) the Director of Education and the Secretary for Youth, Sports and Cultural Affairs[Note – These positions are now effectively combined as the Chief Executive Officer of the Ministry of Education, Sports and Culture];
(c) two other persons appointed by the Head of State, acting on the advice of Cabinet.
(3) If a member of the Board is temporarily incapacitated by illness, absence, or other sufficient cause from attending any meeting of the Board:
(a) for the Chief Executive Officer of the Ministry of Finance, the Director of Education and the Secretary for Youth, Sports and Cultural Affairs, any authorised senior officer of his or her Ministry; and
(b) for an appointed member, a person nominated for the purpose by the Minister, –
may attend the meeting as the deputy of such member.
(4) No deputy shall act as Chairperson of the Board.
(5) A person who attends a meeting of the Board under this section is, for the purposes of that meeting, taken 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 under this Act.
(2) The Board has 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, a member of the Board appointed under section 3(2)(c)is to be appointed for a term of 3
years but may be re-appointed.
(2) Despite subsection (1), an appointed member of the Board, unless the member sooner vacates the office under section 6(1), continues in office until the member’s successor comes into office.
6. Extraordinary vacancies – (1) An appointed member of the Board may:
(a) 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
(b) resign from office by written notice given to the Minister.
(2) If an appointed member of the Board dies, or resigns, or is removed from office, the office becomes vacant and the vacancy is taken to be an extraordinary vacancy.
(3) An extraordinary vacancy is to be filled by the appointment of a person in the same manner as the appointment of the vacating member.
(4) The person appointed to fill an extraordinary vacancy is to be appointed for the residue of the term for which the vacating member was appointed.
(5) The powers of the Board are not be affected by any vacancy in the membership thereof.
7. Meetings of the Board – (1) The first meeting of the Board is to be held on a day to be appointed in that behalf by the Chairperson.
(2) Subsequent meetings of the Board are to be held at such times and places as the Board appoints.
(3) The Chairperson 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 Chairperson shall preside at all meetings of the Board at which he or she is present.
(6) Subject to section 3(4), the members present shall elect one of their number to preside at any meeting, from which the Chairperson 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 Chairperson 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 this Act and any regulations, the Board may regulate its procedure in such manner as it thinks fit.
8. Remuneration of Board members – A member of the Board who is not a full-time salaried employee of the Government of Samoa shall be paid, out of the funds of the Board, such remuneration and allowances as may be fixed by Cabinet.
9. Funds of the Board – The funds of the Board consist of the following:
(a) all monies held in the National Lotteries Treasury Trust Account at the commencement of this Act, and all monies 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, authorised under this Act, and all income from such investments;
(d) any money 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 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; and
(b) for any expenses incurred in connection with the conduct of lotteries including—
(i) all prize-moneys payable in respect of any lotteries; and
(ii) any commission or other remuneration payable to selling agents; and
(iii) any bonuses payable to the sellers of winning tickets;and
(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; and
(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) are to be distributed as net proceeds under section 27 but nothing in this section prevents the Board from investing net proceeds under section 11.
11. Investment of undistributed net proceeds – (1) The Board may invest any net proceeds in any of the following ways:
(a) in any Samoa Government securities, or in any of the stock, funds, or other securities of a Commonwealth Government;
(b) on real securities in Samoa to which subsection (3) applies;
(c) on deposit in any bank.
(2) The investments may be varied.
(3) In this section, “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 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 are tobe wholly exempt from income tax.
14. Unclaimed prizes – If no person establishes his or her 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 may after the expiration of that 6 months, authorise payment of the amount of the prize out of the undistributed funds of the Board to a person who satisfies the Board that he or she is entitled to it.
15. Lottery duty imposed – (1) There shall be payable to the Government of Samoa a duty to be known as lottery duty at the rate of 5%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 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 monies 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) An account under this section shall be operated only by cheque or other instrument signed by a 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 prepare 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 are tobe audited by the Controller and Auditor Generalwhich for that purpose shall have the same powers as it has in respect of public money within the meaning of the Public Finance Management Act 2001.
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 Controller
and Auditor General 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 Controller and Auditor General 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.
PROMOTION OF LOTTERIES
19. Board may promote lotteries – The Board may promote lotteries, to be known by such names as the Board thinks fit.
20. Conduct of lotteries – (1) A lottery shall be conducted in such manner as the Board thinks fit.
(2) Without limiting subsection (1), the Board may 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 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 is to be payable by the Board from the proceeds of the sale of tickets.
Drawings of Lotteries
22. Method of drawing – A lottery shall be drawn in such manner as the Board directs.
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 the presence of police – A lottery shall be drawn in the presence of 2 members of police, at least 1of whom shall be of a rank not lower than a senior sergeant.
25. Drawings to be open to public – The drawing of a 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.
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 provide 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 under section 22.
(3) When a lottery is certified, under subsection (2), as having been drawn in accordance with the directions of the Board, the statement prepared under subsection (1) 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.
DISTRIBUTION OF NET PROCEEDS
27. Distribution of net proceeds – (1) Subject to subsection (2), 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 subsection (1), 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 be prescribed by regulations under this Act.
28. Application for assistance – (1) A member of an organisation appointed for the purpose may make an 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 an application made under subsection (1), 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) A 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 approving a grant, the Secretary shall:
(a) cause the amount of the grant to be paid in accordance with the terms of the approval; and
(b) notify the person who has made the application for the grant of any terms or conditions attached to the grant.
30. Appointment of officers – (1) There shall be appointed under the Public Service Act 2004 a Secretary of the Board and such other officers as may be necessary for the administration of this Act.
(2) An officer of the Public Service may be appointed under this section despite that he or she 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 against:
(a) the Board for any act which in good faith is done or purported to be done by the Board under this Act; or
(b) any member, officer, employee or agent of the Board for any act which in good faith is done or purported to be done by him or her under this Act or on the direction of the Board.
32. Offences – A person commits an offence, and is liable on conviction to a fine not exceeding 1 penalty unit, 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 other person in consideration of that other person buying or having bought any goods or services or the right to attend any entertainment; or
(c) by any means, advertises that the person will receive money for a share in a ticket in any lottery; or
(d) prints or publishes the advertisement.
33. Regulations – The Head of State, acting on the advice of Cabinet, may make regulations for all or any of the following purposes:
(a) providing safeguards against fraudulent or improper practices in respect of lotteries or tickets therein or the drawing thereof or against the trafficking in lottery tickets; or
(b) prescribing conditions governing the sale of tickets in lotteries; or
(c) prescribing fines not exceeding 1 penalty unit for a breach of any such regulation; or
(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.
REVISION NOTES 2008 – 2016
This is the official version of this Act as at 31 December 2016.
This Act has been revised by the Legislative Drafting Division from 2008 – 2016 respectively under the authority of the Attorney
General given under the Revision and Publication of Laws Act 2008.
The following general revisions have been made:
(a) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(b) Amendments have been made to up-date references to offices, officers and statutes.
(c) Insertion of the commencement date
(d) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
(i) “Every” and “any” changed to “a/an” or “each” where appropriate
(ii) Present tense drafting style where appropriate:
- “shall be” and “has been” changed to “is/are” or “is/are to be”
- “shall be deemed” changed to “is/are taken/regarded as”
- “shall have” changed to “has”
- “from time to time” and “at any time” removed
(iii) Use of plain language
- “notwithstanding” changed to “despite”
- “furnish” changed to “provide” or “submit"
- “in accordance with” changed to “under”
- “in the case of” changed to “for”
- “deemed” changed to “taken”
(iv) Numbers in words changed to figures
(v) Removal of superfluous terms
- “the generality of”
(vi) Adopting practice of placing “and” or “or” at the end of each paragraph where appropriate
(vii) Sections6(1) and 29 paragraphed
(viii) “pursuant to” changed to “under”
(ix) Part – Roman numeral numbers changed to decimal numbers
The following amendments were made to this Act by the Audit Act 2013, No.22:
- Section 17(2) – substitute “Audit Office” with “Controller and Auditor General”
- Section 18 – substitute “Audit Office” with “Controller and Auditor General” wherever it appears
This Act is administered by
The Ministry of Finance.