In Western Australia, the Department of Culture and the Arts receives five per cent of the net subscriptions (net sales after prizes) from Lotterywest gambling activity. These funds are distributed across arts project in Western Australia in accordance with the Lotteries Commission Act 1990.

LOTTERIES COMMISSION ACT 1990 – SECT 22

22 .         Net subscriptions from lotteries, distribution of to sports, arts etc.

(1a)         In this section —

fixed prize game means a lottery game in which all winning participants are entitled to a prize, the amount of which is determined before the commencement of the game;

net subscriptions are calculated —

(a)         in the case of a fixed prize game, as being the subscriptions received for that game less the prize liability;

(b)         in the case of a pari-mutuel prize game, as being the subscriptions received for that game less the prize fund;

pari-mutuel prize game means a lottery game in which the prize paid to any winning participant depends on the size of the prize pool and the number of winning participants;

prize fund means a prescribed percentage of subscriptions (inclusive of any prize reserve) that is allocated for distribution among winning participants in a pari-mutuel prize game;

prize liability means the amount needed in a fixed prize game to pay all winning entries in that game, in addition to prize reserve fund allocations as authorized by the permit.

(1)         The following agency special purpose accounts are established under section 16 of the Financial Management Act 2006  —

(a)         an account called the Sports Lotteries Account;

(b)         an account called the Arts Lotteries Account.

(2)         Of the net subscriptions received by the Commission in respect of lotteries conducted by it, the Commission shall pay during each year —

(a)         12.5% to such eligible organizations as the Commission thinks fit and the Minister approves for such approved purposes as the Commission thinks fit and the Minister approves; and

(b)         40% to the credit of the Consolidated Account for subsequent appropriation to the State Pool Account of the State established under the National Health Funding Pool Act 2012 ; and

(c)         5% to the credit of the Consolidated Account for subsequent appropriation to the Sports Lotteries Account established under subsection (1); and

(d)         5% to the credit of the Consolidated Account for subsequent appropriation to the Arts Lotteries Account established under subsection (1); and

(e)         an amount not exceeding 5% —

(i)         as recommended by the Commission and approved by the Minister to such body corporate as the Commission thinks fit and the Minister approves, for the purpose of funding incentives to undertake, or projects to facilitate the undertaking of, commercial film production in the State; and

(ii)         as recommended by the Commission and approved by the Minister to The University of Western Australia or any other body corporate which is, at the time of the payment, administering or managing the Festival of Perth, for the purpose of assisting the funding of the Festival of Perth.

(2a)         An amount equal to the amount credited to the Consolidated Account under subsection (2)(b) shall be —

(a)         paid into the State Pool Account of the State established under the National Health Funding Pool Act 2012; and

(b)         charged to the Consolidated Account.

(2b)         An amount equal to the amount credited to the Consolidated Account under subsection (2)(c) shall be —

(a)         credited to the Sports Lotteries Account established under subsection (1); and

(b)         charged to the Consolidated Account.

(2c)         An amount equal to the amount credited to the Consolidated Account under subsection (2)(d) shall be —

(a)         credited to the Arts Lotteries Account established under subsection (1); and

(b)         charged to the Consolidated Account.

(2d)         This section appropriates the Consolidated Account for the purposes mentioned in subsections (2a), (2b) and (2c).

(3)         The moneys paid into the State Pool Account of the State under subsection (2a) are to be applied in accordance with the National Health Funding Pool Act 2012 section 14 .

(4)         The moneys credited to the Sport Lotteries Account under subsection (2b) shall be distributed by or on behalf of the Minister for Sport and Recreation in such proportions and among such bodies engaged in the conduct of sport in the State as the Minister for Sport and Recreation thinks fit.

(5)         The moneys credited to the Arts Lotteries Account under subsection (2c) shall be distributed by or on behalf of the Minister for the Arts in such proportions and among such bodies engaged in the conduct of cultural activities, and persons engaged in cultural activities, in the State as the Minister for the Arts thinks fit.

(6)         The Minister for Sport and Recreation and the Minister for the Arts may for the purpose of deciding on the distribution of moneys under subsections (4) and (5) respectively consult such persons and bodies as they think fit and such persons or bodies may be paid, out of the moneys received in respect of lotteries conducted by the Commission under this Act, such remuneration and allowances as are determined by the Minister to whom the administration of this Act is for the time being committed by the Governor to be appropriate.

(7)         The Minister for Sport and Recreation and the Minister for the Arts may, for the purpose of distribution of moneys under subsections (4) and (5) respectively, make use of such persons, bodies or departments of the Government as they think fit and such persons, bodies or departments shall be paid, out of the moneys received in respect of lotteries conducted by the Commission under this Act, such of the costs and expenses of that distribution as are determined by the Minister to whom the administration of this Act is for the time being committed by the Governor to be appropriate.

(8)         The Minister shall carry out a review of the operation of subsection (2)(e) as soon as is practicable after the expiration of 3 years from the commencement of the Lotteries Commission Amendment Act 1992  ¹ and thereafter as soon as is practicable after the expiration of every period of 3 years from the date on which a report is laid before each House of Parliament in accordance with subsection (10).

(9)         In the course of a review under subsection (8) the Minister shall consider and have regard to whether —

(a)         the application by recipients of the payments made under subsection (2)(e) in the preceding 3 years has been appropriate; and

(b)         the future continuation of the payments referred to in subsection (2)(e) is appropriate.

(10)         The Minister shall prepare a report based on the review made under subsection (8) and as soon as is practicable after the preparation of the report shall cause it to be laid before each House of Parliament.