Page 883 - Week 03 - Thursday, 14 April 1994

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MADAM SPEAKER, THE LOTTERIES ACT 1964 REGULATES THE CONDUCT OF A WIDE RANGE OF LOTTERY TYPE ACTIVITIES SUCH AS RAFFLES, SILVER CIRCLES, HOUSIE AND TRADE PROMOTIONS. THE SALE OF INSTANT SCRATCH LOTTERY TICKETS IN THE A.C.T. IS ALSO APPROVED UNDER THE ACT.

INSTANT SCRATCH LOTTERY TICKETS ARE SOLD IN THE A.C.T. THROUGH AGREEMENTS WITH NSW LOTTERIES AND TATTERSALS SWEEP CONSULTATION. THESE ORGANISATIONS HAVE REQUESTED THE ASSISTANCE OF THE A.C.T. GOVERNMENT AND OTHER GOVERNMENTS IN INTRODUCING LEGISLATION TO CONFIRM THE COMMON UNDERSTANDING OF THE RULES OF INSTANT LOTTERY GAMES. THIS FOLLOWS THE DECISION EARLY LAST YEAR OF THE NSW COURT OF APPEAL, IN NSW LOTTERIES V BURGIN, WHICH CONFIRMED DEFICIENCIES IN THE WORDING USED ON INSTANT SCRATCH LOTTERY TICKETS.

THERE IS A FURTHER MATTER IN THE A.C.T. SUPREME COURT INVOLVING A DISPUTE ON THE WORDING OF A BURGIN STYLE SCRATCH LOTTERY TICKET. IN THE CIRCUMSTANCES, MADAM SPEAKER, THE PLAINTIFF WOULD APPEAR TO BE TAKING ADVANTAGE OF FORTUITOUS CIRCUMSTANCES BY MIMICKING THE NSW BURGIN CASE. ALL STATES AND THE NORTHERN TERRITORY HAVE INTRODUCED OR PROPOSE TO INTRODUCE RETROSPECTIVE LEGISLATION TO PREVENT OTHER CLAIMANTS, SUCH AS THE MATTER PRESENTLY IN THE ACT SUPREME COURT, FROM OBTAINING A SIMILAR BENEFIT TO THAT IN BURGINS CASE. THIS IS NECESSARY TO AVOID THE POSSIBILITY OF CLAIMS POTENTIALLY INVOLVING BILLIONS OF DOLLARS.

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