Australian Capital Territory
Lotteries (Fees)
Determination 2009 (No 1)
Disallowable Instrument DI2009–98
made under the  
Lotteries Act 1964, section 18A (Determination of Fees)

EXPLANATORY STATEMENT

The Lotteries Act 1964 (the Act) provides for the approval and regulation of lotteries in the Territory.

This instrument revokes the determination of fees made by Disallowable Instrument 
DI2008-117, made on 16 May 2008 and notified on the Legislation Register on 22 May 2008.

Section 18A of the Act provides that the Commission may determine fees for the Act.  This instrument provides for fees in relation to applications to the ACT Gambling and Racing Commission (the Commission) for approval to conduct lotteries in the Australian Capital Territory.

This instrument increases fees in accordance with the Wage Price Index estimate for 
2009-2010 of 3.5%.  Rounding to the nearest dollar has occurred in relation to the increases.
A comparative table indicating the previous and revised fees is included as an Attachment to this Explanatory Statement.

The new instrument does not change the types of fees that may be charged in comparison to the revoked instrument.

All fees are exempt from GST under Division 81 of the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

A determination under section 18A is a disallowable instrument and must be tabled in the Legislative Assembly.

The instrument is effective from 1 July 2009.

Comparison of Previous and Revised Fees

1.	A lottery that is not a trade promotion lottery

(a)	The application fee payable for a lottery that is not a trade promotion lottery is dependent upon the total prize value of the lottery.  The prize value parameters, the revised fee and the previous fee are shown below.

Prize Value of Lottery 	Previous fee	Revised fee	
Less than or equal to $500	Nil	Nil	
Greater than $500 and less than or equal to $1,000	$54	$56	
Greater than $1,000 and less than or equal to $2,500	$103	$107	
Greater than $2,500 and less than or equal to $5,000	$156	$161	
Greater than $5,000 and less than or equal to $10,000	$224	$232	
Greater than $10,000 and less than or equal to $50,000	$433	$448	
Greater than $50,000	$620	$642	

(b)	The table below provides the revised and previous application fees payable in relation to the activity described in connection with an application for approval to conduct a lottery that is not a trade promotion lottery.

Activity	Previous fee	Revised fee	
Withdrawal of application for approval prior to commencement of assessment	$44	$46	
Withdrawal of application for approval after the commencement of the application’s assessment	Application fee not refundable	Application fee not refundable	
Application for approval is refused	Application fee not refundable	Application fee not refundable	
Application under s.7A to vary an approval	$44	$46	

2.	A lottery that is a trade promotion lottery

(a)	The application fee payable for a lottery that is a trade promotion lottery is dependent upon the total prize value of the lottery.  The prize value parameters, the revised fee and the previous fee are shown below.

Prize Value of Lottery 	Previous fee	Revised fee	
Less than or equal to $1,000	$54	$56	
Greater than $1,000 and less than or equal to $2,500	$103	$107	
Greater than $2,500 and less than or equal to $5,000	$156	$161	
Greater than $5,000 and less than or equal to $10,000	$224	$232	
Greater than $10,000 and less than or equal to $50,000	$433	$448	
Greater than $50,000 and less than or equal to $100,000	$620	$642	
Greater than $100,000 and less than or equal to $200,000	$1,235	$1,278	
Greater than $200,000	$2,476	$2,563	

(b)	The table below provides the revised and previous application fees payable in relation to the activity described in connection with an application for approval to conduct a lottery that is a trade promotion lottery.

Activity	Previous fee	Revised fee	
Withdrawal of application for approval prior to commencement of assessment	$44	$46	
Withdrawal of application for approval after the commencement of the application’s assessment	Application fee not refundable	Application fee not refundable	
Application for approval is refused	Application fee not refundable	Application fee not refundable	
A request to vary an application after the assessment of the application has commenced, if the prize value of the lottery is:
(i)	less than or equal to $5,000
(ii)	greater than $5,000	

$44
$88	

$46
$91	
Application under s.7A to vary an approval, if the prize value of the lottery is:
(i)	less than or equal to $5,000
(ii)	greater than $5,000	

$44
$88	

$46
$91