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Lotteries (Amendment) Act 1994

Commencement:

REPUBLIC OF VANUATU

LOTTERIES (AMENDMENT) ACT
NO. 7 OF 1994

Arrangement of Sections

1. Amendment of Act No. 9 of 1989
2. Commencement

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REPUBLIC OF VANUATU

LOTTERIES (AMENDMENT) ACT
NO. 7 OF 1994

An Act to amend the Lotteries Act No. 9 of 1989.

BE IT ENACTED by the President and Parliament as follows: -

AMENDMENT OF ACT NO. 9 OF 1989

1. The Lotteries Act No. 9 of 1989 is amended by inserting after Part IV the following new Part -
   

"PART IVA.

INSTANT LOTTERIES AND POOL BETTING SCHEMES

CONDUCT OR PROMOTE INSTANT LOTTERIES AND POOL BETTING SCHEMES

15A. (1) Any person may promote or conduct an instant lottery or pool betting scheme subject to the terms and conditions of a licence issued under this Part and in accordance with the provisions of this Act.

(2) For the purposes of this section -

(a) "an instant lottery" is a lottery in which a person pays or becomes liable to pay stake money in exchange for a thing that can be manipulated to reveal immediately whether or not a prize has been won;

(b) "a pool betting scheme" is a lottery in which a group of persons bet, otherwise than at fixed odds, on terms that the amount of a prize is wholly or partly determined by reference to the total amount of stake money paid or payable by the persons who constitute the group.

(3) A lottery referred to in subsection (2)(b) is not a pool betting scheme for the purposes of this Act if not more than 100 persons constitute the group and the total amount of stake money paid or payable by the persons who constitute the group does not exceed 50,000 vatu.

(4) Any person who contrary to the provisions of this section promotes or conducts an instant lottery or pool betting scheme shall be guilty of an offence, and on conviction shall be liable to a fine not exceeding 5 million vatu or to imprisonment for a term not exceeding 10 years or to both such fine and imprisonment.

MINISTER TO ENTER INTO AGREEMENTS

15B. (1) Licence to promote or conduct instant lotteries or pool betting schemes may in accordance with the provisions of this Act be issued by the Minister.

(2) The Minister may, on behalf of the Vanuatu Government, enter into any agreement on such terms as the Minister, in his discretion, thinks fit with any person or body of persons under which that person or body of persons is authorized to conduct in Vanuatu, personally or by agent, an instant lottery or pool betting scheme.

(3) An agreement under subsection (2) may include a term -

• (a) that the person or body of persons with whom the agreement is made shall conduct in Vanuatu, personally or by agent, instant lotteries or pool betting schemes, or both, during the period for which the agreement has effect; and
  
• (b) have the right to administer and operate any instant lottery.
  

(4) The Minister shall not enter into an agreement under subsection (2) in respect of a pool betting scheme lawfully conducted under the law of another Country, State or Territory, except in accordance with an arrangement made between the Minister and the responsible minister of the other Country, State or Territory.

(5) All funds which are remitted by the other Country, State or Territory to the Vanuatu Government pursuant to an arrangement under subsection (4) shall be paid to a recognized non-profit or charitable organization or any organizations, funds or Government approved account approved by Cabinet on any conditions that Cabinet considers appropriate.

(6) If an arrangement referred to in subsection (4) ceases to have effect, an agreement under subsection (2) to which the arrangement relates also ceases to have effect.

APPLICATION FOR GRANT OR RENEWAL OF LICENCE

15C. (1) An application for the grant of a licence for instant lotteries and pool betting schemes may be made by any person to the Minister in the prescribed form.

(2) The holder of a licence to operate or promote instant lotteries or pool betting schemes may apply from time to time for a renewal of that licence.

(3) The Minister may, after considering an application for the grant or renewal of a licence made under this section, refuse to grant or renew a licence, as the case may be.

DURATION OF LICENCE

15D. (1) Subject to the provisions of this Act, a lottery licence issued under this Part -

(a) shall cease to have effect on such date as may be specified in that licence:

Provided that the term of period of validity of that licence shall not exceed five years;

(b) if renewed, shall be valid for a further period not exceeding 5 years exceeding as may be specified, commencing from the date on which it was renewed or last renewed as the case may be.

LOTTERY TAX

15E. (1) There shall be levied a tax in respect of instant lotteries and pool betting schemes.

(2) In cases where an arrangement has been made for funds to be remitted from another country pursuant to an arrangement made under subsection (5) of section 15B of this Part, and these remitted funds are in excess of the tax, exemption from payment of the tax will be granted.

(3) Lottery tax shall, subject to the provisions of this Act, be charged to and paid by the promoter of every lottery with exception of the exemptions granted under subsection (2) in which case the remittance of funds will be direct to the Vanuatu Government from the overseas promoter of the lottery.

(4) Lottery tax levied under this section shall be as determined by the Minister, and such rates shall be at a minimum of 10% of the subscription price of the lottery."

COMMENCEMENT

2. This Act shall come into force on the date of its publication in the Gazette.

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