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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Lotteries Bill 2019
A BILL FOR
An Act to regulate the conduct of lotteries in the State, to make related
amendments to the
Lottery
and Gaming Act 1936
and for other purposes.
Contents
5Interaction
with Gambling Administration Act 2019
7Prohibited goods and
services
8Position of authority in
trust or corporate entity
10Conducting
unlawful lotteries
11Participating in unlawful
lotteries
12Advertising
and promoting unlawful lotteries
13Tickets etc
for unlawful lotteries
17Nomination of responsible
person for compliance
20Cancellation, suspension or surrender of
licence
21Licensee to
notify change of particulars
Part 4—Licensing
of suppliers of lottery products
27Cancellation, suspension or surrender of
licence
28Licensee to
notify change of particulars
29Commissioner may grant
exemptions
30Dishonest,
deceptive or misleading conduct
31Restriction
on sale of lottery tickets by children
Schedule 1—Related amendments and
transitional provisions
Part 2—Related
amendments to Lottery and Gaming Act 1936
3Amendment of
section 1—Short title
5Amendment of
section 4—Interpretation
6Repeal of Parts 2, 2A, 3 and
4
8Amendment of
section 60—Public betting and advertising
9Repeal of
sections 101 and 102
10Amendment of
section 113A—Dishonest, deceptive or misleading conduct
11Repeal of
section 116—Exemption of certain sweepstakes
Part 3—Transitional provisions
etc
13Prohibited
goods and services
15Inspectors
appointed under repealed Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Lotteries Act 2019.
This Act comes into operation on a day to be fixed by
proclamation.
The objects of this Act are as follows:
(a) to ensure that lotteries are conducted in a fair and honest
way;
(b) to maintain public confidence in the transparency and accountability
of lotteries;
(c) to protect the community from fraudulent or exploitative activities
relating to lotteries without creating undue regulatory burden;
(d) to support fundraising activities to benefit community and charitable
purposes.
In this Act, unless the contrary intention appears—
Commissioner has the same meaning as in the
Gambling
Administration Act 2019
;
distribution of property includes—
(a) distribution by sale, gift or other disposal; and
(b) distribution of a right relating to property,
and property may be taken to be distributed even if all the property is
disposed of to a single person;
licensed lottery means a lottery authorised by licence under
Part 3
;
lottery—see
section 6
;
position of authority in a trust or corporate
entity—see
section 8
;
property includes real or personal property (tangible or
intangible) or money;
permitted lottery means—
(a) a lottery of a class declared by the regulations to be a lottery that
is permitted without the need for a licence under
Part 3
; or
(b) a lottery that is authorised under another Act or law of the
State;
trade promotion lottery means a scheme, competition, game or
device for the distribution of property—
(a) where the distribution depends, at any stage of the scheme,
competition, game or device, on an element of chance (even if the scheme,
competition, game or device, in some other respects, involves a genuine or
purported display of knowledge or skill); and
(b) that is conducted with a view to promoting any goods or services;
and
(c) where entitlement to participation is free, except
that—
(i) the right to participate in the lottery may be dependent on the
purchase of any of the goods or services the subject of the promotion;
and
(ii) the cost of entering the lottery by telephone, SMS or other
electronic means must not exceed an amount prescribed by the regulations;
and
(iii) the cost of entering the lottery by post must not exceed the normal
cost of postage;
unlawful lottery means a lottery other than a licensed
lottery or a permitted lottery.
5—Interaction
with Gambling Administration
Act 2019
This Act and the
Gambling
Administration Act 2019
will be read together as a single Act (and a reference in a provision of
this Act to "this Act" will be taken to include, where relevant, a reference to
the
Gambling
Administration Act 2019
).
(1) A lottery means—
(a) a scheme, competition, game or device for the distribution of property
where—
(i) entitlement to participation in the scheme, competition, game or
device depends on the payment of money, the purchase of a ticket or the giving
of some other valuable consideration by the participant; and
(ii) the distribution depends, at any stage of the scheme, competition,
game or device, on an element of chance (even if the scheme, competition, game
or device, in some other respects, involves a genuine or purported display of
knowledge or skill); or
(b) a trade promotion lottery; or
(c) a scheme, competition, game or device of a kind prescribed by the
regulations.
(2) The following are not lotteries for the purposes of this
Act:
(a) any allotment of real or personal estate or interest which according
to law is legally allottable, or may be allotted or held by, or by means of, any
allotment or partition by lots;
(b) the distribution of any property among the owners of the property if
such property is capable of being fairly apportioned among all the owners and is
proposed to be apportioned equally so far as practicable among all the
owners.
(3) For the purposes of this Act, a lottery may be determined by any means
including—
(a) by lot or drawing; or
(b) by cards, token, coin or dice; or
(c) by any machine, electronic process, ticket, envelope or
device.
7—Prohibited
goods and services
(1) The
Commissioner may, by notice in the Gazette, prohibit specified goods or services
(or a specified class of goods or services) from being—
(a) a prize in a lottery; or
(b) offered as an inducement to enter or participate in a lottery;
or
(c) promoted by a trade promotion lottery.
(2) The Commissioner may, by notice in the Gazette, vary or revoke a
notice under
subsection (1)
.
8—Position
of authority in trust or corporate entity
(1) A person occupies a position of authority in a trust or
corporate entity if the person—
(a) in the case of a body corporate—
(i) is a director of the body corporate;
(ii) exercises, or is in a position to exercise, control or substantial
influence over the body corporate in the conduct of its affairs;
(iii) manages, or is to manage, the business of the body corporate to be
conducted under a licence;
(iv) if the body corporate is a proprietary company—is a shareholder
in the body corporate; or
(b) in the case of a trust—is a trustee or beneficiary of the
trust.
(2) However—
(a) a minor who is a shareholder in a proprietary company, or a
beneficiary under a trust, is not for that reason to be regarded as a person
occupying a position of authority; and
(b) a charitable organisation that is a beneficiary of a trust is not, for
that reason, to be regarded as occupying a position of authority in the
trust.
(1) This Act applies to a lottery in which persons resident in this State
can participate, whether the lottery is conducted within or outside of the
State.
(2) This Act binds the Crown not only in right of South Australia but
also, so far as the legislative power of the Parliament permits, the Crown in
all its other capacities.
(3) Nothing in this Act renders the Crown in any of its capacities liable
to be prosecuted for an offence.
10—Conducting
unlawful lotteries
(1) A person must not conduct, or assist in the conduct of, an unlawful
lottery.
Maximum penalty: $10 000.
(2) A person must not agree to pay any money or provide any goods or
services in connection with an unlawful lottery.
Maximum penalty: $5 000.
Expiation fee: $315.
11—Participating
in unlawful lotteries
(1) A person must not
participate in an unlawful lottery.
Maximum penalty: $2 500.
Expiation fee: $210.
(2) Without limiting
subsection (1)
, a person is taken to participate in an unlawful lottery if
the person purchases or otherwise obtains a ticket, chance, or share in the
lottery.
12—Advertising
and promoting unlawful lotteries
(1) A person must not advertise or promote an unlawful lottery or a
proposal for an unlawful lottery.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) In this section—
advertise an unlawful lottery means take any action to
publicise or encourage participation in the lottery.
13—Tickets
etc for unlawful lotteries
(1) A person must not print or publish any ticket or other thing
entitling, or intended or purporting to entitle, a person to a chance or share
in an unlawful lottery.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) A person must not sell or supply, or offer for sale or supply, any
ticket, chance, or share in an unlawful lottery.
Maximum penalty: $5 000.
Expiation fee: $315.
(3) In this section—
publish means publish by print media, radio or television, or
on the internet, or by other similar means of communication (whether to the
public generally or to a section of the public).
It is a defence to a charge of an offence against this Part if the
defendant proves that the defendant believed on reasonable grounds that the
lottery was a licensed lottery or a permitted lottery.
(1) An application for a licence under this Part must be made to the
Commissioner, in a manner and form determined by the Commissioner, and be
accompanied by any prescribed fee.
(2) The Commissioner may grant a licence to an applicant if the
Commissioner is satisfied that—
(a) the lottery will not involve any breach of a notice under
section 7
; and
(b) if the applicant is a natural person—the applicant is aged 18
years or over.
(3) The Commissioner may refuse to grant a licence—
(a) if the Commissioner is satisfied that a relevant person in relation to
the application is not a fit and proper person; or
(b) if the Commissioner is satisfied as to any matter prescribed by the
regulations; or
(c) if the Commissioner is satisfied that the grant of the licence would
otherwise not be consistent with the objects of this Act; or
(d) on any other reasonable ground.
(4) The Commissioner may require an applicant to provide further
information about or verification of a matter relevant to the
application.
(5) In this section—
relevant person, in relation to an application for a licence,
means—
(a) the applicant for the licence; or
(b) if the applicant is a trust or corporate entity—each person who
occupies a position of authority in the entity; or
(c) a person nominated under
section 17
in the application.
(1) The grant of a licence under this Part—
(a) is subject to any conditions prescribed by the regulations in respect
of such a licence; and
(b) may be subject to such other conditions as the Commissioner thinks
fit.
(2) The Commissioner
may, by notice in writing to a licensee, vary or revoke a condition of the
licence or add any new conditions to the licence.
(3) In the event of
a contravention of, or failure to comply with, a condition of a licence the
licensee is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(4) In any prosecution for an offence under
subsection (3)
, it is a sufficient defence if the defendant proves to the satisfaction of
the court that the defendant took all reasonable steps to prevent the occurrence
of the contravention or failure to which the prosecution relates.
17—Nomination
of responsible person for compliance
(1) If an application for a licence is made by an unincorporated
organisation, or by a group of unincorporated organisations, the application
must, with the consent of the person or persons concerned, nominate to the
Commissioner a person or persons who will be responsible for complying with all
conditions of the licence and any other obligations relating to the conduct of
the lottery under this Act.
(2) A nomination of a person under this section is not effective unless
the Commissioner has approved the person so nominated.
(3) A reference in this Act, or in an instrument under this Act, to a
licensee under a licence to conduct a lottery or to a person who conducts a
lottery will, in the case of a licence held by an unincorporated organisation or
a group of unincorporated organisations, be taken to be a reference to the
person or persons nominated and approved by the Commissioner under this section
in respect of the lottery.
(1) A licence has effect for—
(a) if the regulations specify a period, or a manner of determining a
period, during which a licence of that kind has effect—the period so
specified or determined; or
(b) in any other case—the period determined by the Commissioner and
specified in the licence.
(2) A licence of a prescribed class may be renewed in accordance with the
regulations.
(1) An application for variation of a licence granted under this Part must
be made to the Commissioner, in a manner and form determined by the
Commissioner, and be accompanied by any prescribed fee.
(2) The Commissioner may require the licensee to provide further
information about or verification of a matter relevant to the
application.
20—Cancellation,
suspension or surrender of licence
(1) A licensee may, with the consent of the Commissioner, surrender a
licence.
(2) If an
application is made, or notice is given, for the winding up or dissolution of an
incorporated association that holds a licence (including a licence that has been
suspended), the association must, within 7 days, advise the Commissioner, in
writing, of the proposal.
Maximum penalty: $2 500.
Expiation fee: $210.
(3) The Commissioner may, by giving written notice to a licensee, cancel
the licence, or suspend it for a specified period if—
(a) the licence was improperly obtained; or
(b) the licensee contravenes or fails to comply with a condition to which
the licence is subject or any requirement of this Act or the regulations;
or
(c) the licence is held by an incorporated association that is being wound
up or dissolved; or
(d) the Commissioner is of the opinion that the lottery authorised by the
licence has become financially unviable.
(4) The
Commissioner may, in a notice of consent to the surrender of a licence or in a
notice of cancellation or suspension of a licence, give such directions to the
licensee as to the winding up of a lottery being conducted under the licence,
the provision of financial statements, the payment of licence fees or any other
matter relating to the licence as the Commissioner thinks appropriate.
(5) A person that fails to comply with a direction given under
subsection (4)
is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $210.
(6) If any direction given under
subsection (4)
has not been complied with before the association ceases to exist, the
person who last occupied the position of treasurer of the association must take
such steps as are reasonably practicable to ensure compliance with the
direction.
Maximum penalty: $2 500.
Expiation fee: $210.
(7) The holder of a licence that has been suspended will be taken to be
unlicensed during the period of the suspension.
21—Licensee
to notify change of particulars
(1) A licensee must, within 14 days after a change in any prescribed
particulars, notify the Commissioner in writing of that change.
Maximum penalty: $2 500.
Expiation fee: $210.
(2) In this section—
prescribed particulars means—
(a) any address for service or other email address, telephone number or
street or postal address provided by the licensee to the Commissioner for
purposes connected with the licence (including, where a person has been
nominated in accordance with
section 17
for the purposes of the licence, any such details provided in relation to
the nominated person); and
(b) any other particulars of a kind prescribed by the
regulations.
Part 4—Licensing
of suppliers of lottery products
In this Part—
lottery product means a product of a kind prescribed by the
regulations;
supply, in relation to lottery products, means to sell, or
supply for fee or reward, lottery products to a person for the purposes of the
resale of the products by that person.
(1) A person who carries on a business of supplying lottery products
without being licensed to do so under this Part is guilty of an
offence.
Maximum penalty: $10 000.
(2) This section does not apply to a person who is exempted, or who is of
a class of persons exempted, from this section by the regulations.
(1) An application for a licence under this Part must be made to the
Commissioner, in a manner and form determined by the Commissioner, and be
accompanied by—
(a) any documents or information prescribed by the regulations;
and
(b) any prescribed fee.
(2) The Commissioner may grant a licence to an applicant if the
Commissioner is satisfied that—
(a) if the applicant is a natural person—the applicant is aged 18
years or over; and
(b) the grant of the licence would be consistent with the objects of this
Act and any limitations or requirements prescribed by the regulations.
(3) The Commissioner may refuse to grant a licence—
(a) if the Commissioner is satisfied that a relevant person in relation to
the application is not a fit and proper person to hold the licence; or
(b) on any other reasonable ground.
(4) The Commissioner may require an applicant to provide further
information about or verification of a matter relevant to the
application.
(5) In this section—
relevant person, in relation to an application for a licence,
means—
(a) the applicant for the licence; or
(b) if the applicant is a trust or corporate entity—each person who
occupies a position of authority in the entity.
(1) The grant of a licence under this Part may be subject to such
conditions as the Commissioner thinks fit.
(2) The Commissioner may, by notice in writing to a licensee, vary or
revoke a condition of the licence or add any new conditions to the
licence.
(3) A licensee who contravenes or fails to comply with a condition of the
licence under this Part is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(1) A licence granted under this Part has effect until the following 30
June (unless it is cancelled, suspended or surrendered before that
day).
(2) The Commissioner must renew the licence for a period of not less than
1 year if an application for renewal is made, and the prescribed fee is
paid, to the Commissioner—
(a) before the licence ceases to have effect; or
(b) at a later time, if the Commissioner is satisfied that it is
appropriate to renew the licence at that time.
27—Cancellation,
suspension or surrender of licence
(1) The
Commissioner may, by written notice to a licensee—
(a) cancel the licence if the licensee obtained the grant of the licence
improperly; or
(b) cancel the licence or suspend it for a specified period or until
further notice, if the licensee has contravened a provision of this Act or a
condition of the licence.
(2) A notice of suspension under
subsection (1)
may specify action to be taken by the licensee to remedy any breach of
this Act or the licence conditions.
(3) A licensee may, with the consent of the Commissioner, surrender a
licence.
28—Licensee
to notify change of particulars
(1) A licensee must, within 14 days after a change in any prescribed
particulars, notify the Commissioner in writing of that change.
Maximum penalty: $2 500.
Expiation fee: $210.
(2) In this section—
prescribed particulars means—
(a) any address for service or other email address, telephone number or
street or postal address provided by the licensee to the Commissioner for
purposes connected with the licence; and
(b) any other particulars of a kind prescribed by the
regulations.
29—Commissioner
may grant exemptions
(1) The Commissioner may, on application by a person or on the
Commissioner's own initiative, exempt a lottery, or a class of lotteries, from
specified provisions of this Act.
(2) An application for the grant of an exemption under this section must
be made in a manner and form determined by the Commissioner and be accompanied
by any prescribed fee.
(3) The Commissioner may grant an exemption to an applicant if the
Commissioner is satisfied that—
(a) the lottery will not involve any breach of a notice under
section 7
; and
(b) the grant of the exemption would otherwise be consistent with the
objects of this Act.
(4) The Commissioner may refuse to grant an application for an exemption
on any reasonable ground.
(5) The Commissioner may require an applicant for an exemption to provide
further information about or verification of a matter relevant to the
application.
(6) An exemption may be granted—
(a) by notice in writing given to the person who is conducting, or who
proposes to conduct, the lottery; or
(b) where the exemption relates to a class of lotteries—by notice in
the Gazette.
(7) An exemption
granted by the Commissioner under this section may be subject to any conditions
the Commissioner thinks fit and specifies in the notice of exemption.
(8) The Commissioner may, at any time, by further notice given in the same
manner as notice of the exemption was given—
(a) vary or revoke an exemption; or
(b) vary or revoke a condition of the exemption.
(9) A person who
contravenes, or fails to comply with, a condition imposed under
subsection (7)
is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(10) In any prosecution for an offence under
subsection (9)
, it is a sufficient defence if the defendant proves to the satisfaction of
the court that the defendant took all reasonable steps to prevent the occurrence
of the contravention or failure to which the prosecution relates.
30—Dishonest,
deceptive or misleading conduct
A person involved (whether as principal, agent or employee) in the conduct,
or promotion, of any lottery who acts in a dishonest, deceptive or misleading
manner in connection with the lottery is guilty of an offence.
Maximum penalty: $50 000 or 2 years imprisonment.
31—Restriction
on sale of lottery tickets by children
A person must not cause or permit a child under the age of 15 years to
sell lottery tickets, unless the child is accompanied by and under the
supervision of an adult.
Maximum penalty: $5 000.
Expiation fee: $315.
(1) In proceedings for an offence against this Act, an allegation in the
information—
(a) that a person was, or was not, at a specified time the holder of a
specified licence, permit or exemption under this or another Act; or
(b) that a lottery named or described in the information was, or was not,
at a specified time a licensed lottery or a permitted lottery; or
(c) that a specified licence, permit or exemption under this or under
another Act was, at a specified time, subject to specified conditions,
will be accepted as proved in the absence of proof to the
contrary.
(2) In every information laid in respect of an offence relating to a
lottery alleged to have been, or intended to be, conducted elsewhere than in the
State, the court may in its discretion receive and act on such secondary or
other evidence as may be adduced for the purpose of proving the conduct, or
intention to conduct such lottery.
(1) The Governor may
make such regulations as are contemplated by, or as are necessary or expedient
for the purposes of, this Act.
(2) Without
limiting the generality of
subsection (1)
, the regulations may—
(a) declare that
lotteries of a specified class are permitted lotteries, or are permitted
lotteries if they comply with prescribed conditions; and
(b) limit the lotteries for which licences may be granted under this Act
or specify different classes of lottery licence that may be granted under this
Act; and
(c) prescribe the persons or organisations, or classes or groups of
persons or organisations, to which licences, or any classes of licences, may be
granted; and
(d) prescribe
conditions under which licences may be granted or make any other provision in
relation to conditions of licences; and
(e) prescribe rules for the conduct of lotteries or particular classes of
lotteries and provide for waiver of such rules; and
(f) make any other provision with respect to the conduct, advertisement or
promotion of a lottery; and
(g) prescribe and provide for the payment of fees and provide for any
exemptions from fees; and
(h) impose duties on persons who hold licences, or persons responsible for
the conduct of permitted lotteries, and their agents and servants; and
(i) provide for the furnishing of security for the due performance of any
conditions of a licence or exemption under this Act and of the duties and
obligations to be performed by persons who hold a licence or other persons in
relation to a lottery; and
(j) provide for a penalty, not exceeding $10 000, for a contravention of,
or failure to comply with, any regulation; and
(k) provide for an expiation fee, not exceeding $750, for an alleged
contravention of, or failure to comply with, any regulation.
(3) Without limiting the generality of
subsection (2)(a)
or
(d)
, a condition that may be prescribed under either of those paragraphs may
be a condition precedent or a condition subsequent to the granting of an
exemption or licence (as the case may be).
(4) The Governor may, in a regulation prescribing a fee for a licence to
conduct a lottery, fix the amount of the fee by reference to a specified
percentage of—
(a) the aggregate of all or part of the money paid for the right to
participate in the lottery; or
(b) the total value of all or some of the prizes in the lottery;
or
(c) the total face value of lottery tickets purchased by the licensee for
resale.
(5) Regulations under this Act may—
(a) be of general application or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister, the
Commissioner, or another person; and
(d) include evidentiary provisions to facilitate proof of contraventions
of the regulations for the purposes of proceedings for offences.
Schedule 1—Related
amendments and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Related amendments to Lottery and
Gaming Act 1936
Long title—delete "lotteries and" and substitute:
unlawful
3—Amendment
of section 1—Short title
Section 1—Delete "Lottery and Gaming" and substitute:
Gaming Offences
Section 3A—delete the section
5—Amendment
of section 4—Interpretation
Section 4, definitions of authorised lottery, exempted
lottery, instant lottery ticket, lottery,
lottery inspector, or inspector,
sweepstakes, trade-promotion lottery—delete
the definitions
6—Repeal
of Parts 2, 2A, 3 and 4
Parts 2, 2A, 3 and 4—delete Parts 2, 2A, 3 and 4
Section 56—delete the section
8—Amendment
of section 60—Public betting and advertising
(1) Section 60(b)—delete paragraph (b)
(2) Section 60(c)—delete "to subscribe to any sweepstakes
or"
9—Repeal
of sections 101 and 102
Sections 101 and 102—delete the sections
10—Amendment
of section 113A—Dishonest, deceptive or misleading
conduct
Section 113A—delete "lawful or unlawful lottery,"
11—Repeal
of section 116—Exemption of certain sweepstakes
Section 116—delete the section
Part 3—Transitional provisions
etc
In this Part—
former Act means the
Lottery
and Gaming Act 1936
, as in force before the commencement of
Part 2
of this Schedule.
13—Prohibited
goods and services
A notice in force under regulation 4 of the
Lottery
and Gaming Regulations 2008
continues in force, on the commencement of
section 7
, as if it were a notice of the Commissioner under that section.
(1) A licence to conduct a lottery in force under the former Act
immediately before the commencement of
clause 6
of this Schedule continues as if it were a licence granted by the
Commissioner under
Part 3
of this Act.
(2) A licence in force under Part 3 of the former Act immediately before
the commencement of
clause 6
of this Schedule continues as if it were a licence granted by the
Commissioner under
Part 4
of this Act.
15—Inspectors
appointed under repealed Act
A person who was, immediately before the commencement of
clause 6
of this Schedule, a lottery inspector under the former Act is, on the
commencement of
clause 6
of this Schedule, taken to be an inspector authorised for the purposes of
this Act under the
Gambling
Administration Act 2019
.