Statute Details
- Title: Private Lotteries (Fees) Regulations 2011
- Act Code: PLA2011-S187-2011
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Private Lotteries Act 2011 (Act 7 of 2011), section 32(1)
- Enacting Formula / Maker: Minister for Home Affairs
- Date Made: 11 April 2011
- Commencement: 12 April 2011
- Key Provisions (from extract): Section 1 (citation and commencement); Section 2 (fees and remission)
- Schedule: Specifies fee amounts (second column) for matters (first column)
- Current Version Status: Current version as at 27 Mar 2026
- Noted Amendment: Amended by S 487/2019 (timeline indicates 05 Jul 2019 version)
What Is This Legislation About?
The Private Lotteries (Fees) Regulations 2011 (“Fees Regulations”) are subsidiary legislation made under the Private Lotteries Act 2011. In plain terms, the Fees Regulations set out the fees payable to the relevant authority—referred to in the Regulations as the Permit Officer—in connection with matters governed by the Private Lotteries licensing and permit framework.
Private lotteries are typically regulated because they involve public-facing events that can raise consumer protection, integrity, and compliance concerns. The Private Lotteries Act establishes the licensing/permit regime and regulatory controls. The Fees Regulations then operationalise part of that regime by prescribing how much applicants or permit holders must pay for specified administrative steps (for example, applications, approvals, or other permit-related processes) as set out in the Schedule.
Although the extract provided contains only the core provisions and not the full Schedule, the structure is clear: the Schedule lists “matters” in one column and corresponding “fees” in the other. The Regulations therefore function as a charging instrument—a practical tool to fund the administrative costs of regulation and to create a predictable fee regime for regulated activities.
What Are the Key Provisions?
Section 1: Citation and commencement is the formal entry point. It provides that the Regulations may be cited as the “Private Lotteries (Fees) Regulations 2011” and that they came into operation on 12 April 2011. For practitioners, this matters when assessing whether a fee obligation applies to a particular application or event, particularly where timelines span the commencement date.
Section 2(1): Fees payable to the Permit Officer is the central operative provision. It states that the fees specified in the second column of the Schedule are payable to the Permit Officer in respect of the matters set out in the first column of the Schedule. This drafting approach is common in fee regulations: it avoids repeating fee amounts in the main text and instead relies on the Schedule as the authoritative table.
From a legal practice perspective, the key interpretive task is to identify the relevant “matter” in the first column and then apply the corresponding fee in the second column. This is particularly important where multiple fee categories exist (for example, different types of applications, renewals, variations, or administrative actions). If a party pays the wrong fee category, the Permit Officer may treat the application as not properly made or may require rectification—depending on how the Private Lotteries Act and related subsidiary instruments handle fee payment and administrative completeness.
Section 2(2): Discretion to remit fees provides an important flexibility mechanism. It states that the Permit Officer may, in his discretion, remit in whole or in part any fee payable under these Regulations. This remission power is significant for both compliance strategy and dispute avoidance. It allows the authority to reduce or waive fees where circumstances justify it, such as administrative hardship, demonstrable public interest considerations, or other factors that the Permit Officer considers relevant.
For lawyers advising applicants, the remission discretion can be relevant in two ways. First, it may support an application for fee remission where the client faces financial constraints or where the fee is disproportionate to the circumstances. Second, it may be relevant in the context of enforcement or administrative decisions: if a fee is disputed or if a party seeks reconsideration, remission may be an alternative pathway to resolve the matter without challenging the underlying fee schedule. That said, because the provision is discretionary (“may”), there is no automatic entitlement to remission; advice should therefore focus on building a factual basis and documentary support for the Permit Officer’s consideration.
The Schedule: While the extract does not reproduce the Schedule contents, it is clearly the definitive source for the fee amounts. Practitioners should treat the Schedule as mandatory and exhaustive for the fee regime under these Regulations. Any fee charged outside the Schedule would be vulnerable to challenge as ultra vires the Regulations, unless another legal instrument authorises it.
How Is This Legislation Structured?
The Fees Regulations are structured in a straightforward, regulation-making format:
(1) Enacting Formula establishes the legal basis for making the Regulations, namely the powers conferred by section 32(1) of the Private Lotteries Act 2011.
(2) Part I (or main provisions) comprising two sections:
- Section 1 sets out citation and commencement.
- Section 2 sets out the fee payment rule and the remission discretion.
(3) The Schedule contains the fee table. The Schedule is essential because it specifies the actual fee amounts and links them to the relevant “matters” under the regulatory framework.
In practice, this means that most substantive work under the Fees Regulations involves cross-referencing the Schedule with the client’s specific regulatory step under the Private Lotteries Act and any related subsidiary legislation.
Who Does This Legislation Apply To?
The Fees Regulations apply to persons who are involved in matters that fall within the Private Lotteries regulatory regime and that require interaction with the Permit Officer. While the extract does not define “Permit Officer,” the term is used in the Private Lotteries Act framework and refers to the officer empowered to administer permits and related administrative processes.
In practical terms, the Regulations will typically affect applicants for permits or approvals, and potentially permit holders when they undertake regulated actions that trigger fee payment under the Schedule. Because the fee obligation is tied to “matters” listed in the Schedule, the scope is best understood by mapping the client’s intended activity to the relevant Schedule category.
Why Is This Legislation Important?
Although the Fees Regulations are brief, they are legally and operationally important. First, they provide the legal basis for charging fees in the private lotteries regulatory system. Without a properly made fee regulation, the authority would lack clear statutory footing to demand specific amounts. This is a key rule-of-law principle: fees charged by public authorities must have a clear legal basis.
Second, the Regulations contribute to predictability and administrative efficiency. By setting out a Schedule of fees, the Regulations reduce uncertainty for applicants and help ensure consistent treatment. For practitioners, this predictability supports budgeting, compliance planning, and advice on timelines—particularly where fee payment is a condition for processing an application.
Third, the remission discretion in section 2(2) provides a human-centred safety valve. In regulated industries, rigid fee schedules can create barriers for smaller operators or for applicants facing exceptional circumstances. The ability to remit fees in whole or in part allows the Permit Officer to tailor outcomes to the facts. For counsel, this means that fee disputes or hardship scenarios may be addressed through a structured request for remission rather than only through legal challenge.
Finally, the timeline note that the Regulations are “current version as at 27 Mar 2026” and that there was an amendment by S 487/2019 (with a version date of 05 Jul 2019) underscores a practical compliance point: fee amounts and categories may change over time. Lawyers should therefore verify the current version and, where relevant, the version applicable at the time the fee was payable (for example, if an application was lodged before an amendment took effect).
Related Legislation
- Private Lotteries Act 2011 (Act 7 of 2011) — authorising framework; includes section 32(1) (power to make fee regulations)
- Private Lotteries (Fees) Regulations 2011 — the fee schedule and remission discretion (this article)
Source Documents
This article provides an overview of the Private Lotteries (Fees) Regulations 2011 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.