South Australian Current Regulations

LOTTERIES REGULATIONS 2021 - REG 14

14—Refusal of fundraiser lottery licence

        (1)         In accordance with section 15(3)(b) of the Act, the Commissioner may refuse to grant an application for a fundraiser lottery licence if satisfied that—

            (a)         the grant of the licence would not be consistent with 1 or more of the prescribed requirements; or

            (b)         in the case of an application for a major lottery licence—

                  (i)         the lottery to which the application relates does not appear to be financially viable; or

                  (ii)         the applicant has previously conducted a major lottery that has turned out not to be financially viable and the Commissioner is of the opinion that, if any further major lottery were to be conducted by the applicant, it is likely that it also would be unviable; or

                  (iii)         the applicant has previously conducted a major lottery and has failed to comply with the reporting requirements or has failed to provide a financial statement required under these regulations; or

            (c)         in the case of an application for a major bingo licence—

                  (i)         there is some relationship or arrangement between the applicant and another organisation that holds a major bingo licence; and

                  (ii)         by virtue of that relationship or arrangement, proceeds derived by the applicant from conducting major bingo sessions would benefit that other organisation; and

                  (iii)         to grant the licence would therefore give that other organisation an unfair advantage over other holders of major bingo licences.

        (2)         For the purposes of subregulation (1)(a), the "prescribed requirements are as follows:

            (a)         the licence may only be granted to an organisation, or a person acting on behalf of an organisation, to conduct lotteries on behalf of the organisation;

            (b)         the whole of the net proceeds of the lottery to be conducted under the licence must be applied for 1 or more approved purposes;

            (c)         no part of the net proceeds of the lottery may be applied for the benefit of—

                  (i)         a member of the organisation; or

                  (ii)         a registered corporation that returns profits to its members.