Grant Conditions

The requirements for every Lotterywest grant are contained in the Grant Conditions, provided at the back of the Application Form. These Conditions must be signed before an application can be considered.

Additional grant conditions, often relating to payment, may form part of the Grant Approval Schedule. For some grants, such as certain projects grants, we may also require you to enter into a Grant Agreement with specific requirements relevant to your project.

The Grant Approval letter will remind you about the Grant Conditions and advise of any special conditions and payment requirements such as submitting invoices or receipts for payment or advising Lotterywest of any changes in circumstances in relation to the grant.

Lotterywest General Grant Conditions

The Lotterywest general Grant Conditions as they appear in the Application Form are:

The grant, if approved, will be provided under the following terms and conditions:

1. The grant is to be used solely for the specified purpose approved by us during the grant period.
2. Any part of the grant funds that are not used in accordance with Condition 1. must be repaid to us unless you obtain our written approval.
3. If you cease carrying out the activities for which the grant was made or if we have terminated the arrangement on account of your breach or breaches of these Conditions then: 
   
   

   (a) the balance of the grant monies unspent must be repaid to us; and
   (b) any property acquired with the grant monies must be transferred to another not for profit organisation with similar objects and purposes to your organisation, provided our prior approval has been given.

4. Providing you with a grant does not mean that you are entitled to any further funding.
5. We will not be held responsible for the success of the approved purpose for which the grant is applied or for any losses or additional costs incurred that are associated with the approved purpose.
6. You must comply with all Local, State and Commonwealth laws applicable to the approved purpose.
7. If you wish to change the approved purpose or seek an extension of the grant period you must obtain our prior written approval.
8. If you breach any of these terms and conditions, we can terminate the arrangement at any time and without giving you any prior notice.
9. You must provide us with any documents or information relating to the grant or the approved purpose that we ask for within ten (10) business days of receiving our request. All documents and information provided must be accurate, complete, up-to-date and be in no way misleading.
10. You must meet any payment conditions and/or reporting requirements as specified by us.
11. You must allow the Auditor General for the State of Western Australia, or his authorised representative, to have access to and examine your records and information concerning this grant.
    
    (a) You must provide progress reports, evaluation reports and financial statements in the manner specified.
    (b) You must keep proper financial records in accordance with generally accepted accounting principles and practices. Such records must be accurate, complete, up-to-date and be in no way misleading.
12. The total payment provided by us includes an amount to cover any liability for GST, if applicable.
13. If a GST registered entity:
    
    (a)  For the purposes of clause 13. please note that we are required by the Australian Taxation Office to use the following clause:
    
         (i) “GST” means the goods and services tax applicable to any taxable supplies as determined by  he GST Act; and
         (ii) “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and includes all associated legislation and regulations;
         (iii) the terms “supply”, “tax invoice”, “taxable supply” and “value” have the same meanings as the GST Act.
    
    (b)  If the supply of anything under this Agreement is a taxable supply under the GST Act, the payment(s) shall be inclusive of GST.
    (c)  Where a GST registered organisation, the parties hereby agree that the Grantor will issue the Organisation with a Recipient Created Tax Invoice (RCTI), and that:
    
         (i) the Grantor will issue a RCTI in respect of GST payable on the supply of the Project or Item(s) and the Organisation will not issue tax invoice in respect of that supply;
         (ii) the Organisation warrants that it is registered for the purposes of GST and will continue to be registered for the purposes of GST for the life of the grant;
         (iii) the Grantor warrants that it is registered for the purposes of GST and the Grantor will notify the Organisation in writing if it ceases to be registered for the purposes of GST, or if it ceases to satisfy the requirements of the GST Act during the Term; and
          (iv) the Grantor will indemnify and keep indemnified the Organisation for GST and any related penalty that may arise from an understatement of the GST payable on the supply of the Project or Item(s) for which the Grantor issues a RCTI under this Agreement.
14. In particular circumstances, special conditions may also need to be considered.

NB:   Refer to the Lotterywest Special Condition clause 2. for our ABN requirements.

Lotterywest Special Conditions

1. You authorise Lotterywest to act as an agent on behalf of your organisation should grant payments be made, at the organisation’s request or as a condition of the grant, to a third party.
2. If an ABN has not been provided you declare that the organisation:
   
   

   2.1. Is not eligible for an ABN because you do not meet the definition of ‘enterprise’ for tax purposes; or
   2.2. Has an ‘exempt income’ status; or
   2.3. The application for an ABN has been rejected by the Tax Office.

3. All relevant records for the grant will be kept for a period of seven (7) years, and will be made available for audit at any time.
4. Lotterywest is under no obligation to verify bank details provided by you. In signing the Acceptance of Grant Conditions declaration you, as the signatory, are verifying that the details provided are for an account that is held in the name of the Organisation.
5. You will advise promptly in writing any changes in bank details. The Chairperson or their authorised delegate will sign this advice.
6. You will acknowledge Lotterywest in the manner set out in the Grant Approval advice.

Please Note:  If you are not sure about your organisation’s GST or ABN status contact the Australian Taxation Office or your Accountant.

Organisation Declaration

• I declare that I am currently authorised to sign legal documents on behalf of the organisation.
• I declare that all the information provided is true and correct.
• I give permission to the Lotteries Commission, trading as Lotterywest, to contact any persons or organisations in the assessment of the application and understand that information may be provided to other agencies, as appropriate.
• I agree to the above grant conditions in the event that a Lotterywest grant is approved to my organisation.

* IMPORTANT: The application must be signed by the person legally able to enter into contracts on behalf of the organisation.  For incorporated organisations this is generally the Chairperson, President or equivalent officer.  For Local Government Authorities this is generally the Chief Executive Officer.  The application may be signed by a formally authorised delegate, according to the organisation’s constitution or as bound by law.

Where the Agreement is signed by a delegated officer, current documentation authorising such a delegation of authority, signed by the Chairperson , President or equivalent officer, must be attached to these Conditions.  If the delegation is ongoing, a photocopy of the documentation must be submitted with each request, to confirm that the authority is still current. Please call us if you are unsure about delegation requirements (Ph: 08 9340 5270 or 1800 655 270).

OUR ACCEPTANCE OF YOUR APPLICATION WILL BE DELAYED
 IF YOUR APPLICATION IS NOT CORRECTLY SIGNED.

Signature *_____________________________________   Date_________  
(Chairperson/President/Delegated Authority)
Name_______________________________________    Title (Mr/Mrs/Ms/Dr)__________________Position______________________________________  
Name of Applicant Organisation_____________________________________  
Address________________________________________________________   
Post Code_____________   Phone__________________________________  

PLEASE NOTE An original signature is required on this document.

We cannot accept e-mailed applications.  You may lodge applications and supporting documents by mail, or in person.

Grant round applications must be received or postmarked no later than the closing date.