South Australian Current Regulations South Australian Current Regulations (1) In these
regulations, unless the contrary intention appears—
"Act" means the Lotteries Act 2019;
"administrative expenses", in relation to the conduct of a lottery—
(a)
includes any commission, salary or other remuneration paid to a person for
conducting the lottery or for selling tickets in the lottery; but
(b) does
not include fees payable under these regulations or any other government
charges or, in relation to conducting bingo sessions, rent of the premises in
which the sessions are conducted;
"approved purposes", in relation to a fundraiser lottery, means any of the
following purposes:
(a) a
religious, educational, charitable or benevolent purpose;
(b) the
purpose of promoting or encouraging literature, science or the arts;
(c) the
purpose of providing medical treatment or attention, or promoting the
interests of persons who have a particular physical, mental or intellectual
disability;
(d) the
purpose of establishing, carrying on or improving a community centre, or
promoting the interests of a local community or a particular section of a
local community;
(e) the
purpose of sport, recreation or amusement;
(f) the
purpose of promoting animal welfare;
(g) the
purpose of conserving resources or preserving any part of the environmental,
historical or cultural heritage of the State;
(h) the
purpose of promoting the interests of students or staff of an educational
institution;
(i)
a political purpose;
(j) the
purpose of promoting the common interests of persons who are engaged in, or
interested in, a particular business, trade or industry;
(k) a
purpose approved by the Commissioner;
"auditor" means—
(a) a
person who is a member of—
(i)
CPA Australia; or
(ii)
Chartered Accountants Australia and New Zealand; or
(iii)
the Institute of Public Accountants; or
(b) a
person, or a person of a class, approved by the Commissioner;
"bingo" means the game of chance known as bingo, housie or
housie when played by the method commonly known as "eyes down";
"bingo session" means an event at which a series of bingo games is played;
"Calcutta sweepstakes (or Calcutta)" means a sweepstakes conducted on the
basis that the winning chances will be auctioned;
"card jackpot lottery" means a game comprising draws where the person whose
ticket is drawn wins the right to select a card from a display board to
determine if they are the winner of a prize, which ends when a person whose
ticket is drawn selects the major prize winning card (or a specified winning
card) from the display board;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"face value", in relation to tickets in a lottery, means the amount obtained
by multiplying the total number of tickets available in the lottery by the
individual ticket price;
"fundraiser", in relation to a lottery, means a lottery conducted by an
organisation on the basis that the net proceeds of the lottery are to be
applied by the organisation for 1 or more approved purposes;
"fundraiser lottery licence" means a lottery licence of a class specified in
regulation 13;
"GST" means the tax payable under the GST law;
"GST law" means—
(a)
A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
and
(b) the
related legislation of the Commonwealth dealing with the imposition of a tax
on the supply of goods, services and other things;
"instant lottery" means a lottery—
(a) the
prizes of which do not, in total, exceed $5 000 in value; and
(b) in
which the right to participate depends on purchasing an instant
lottery ticket;
"instant lottery ticket" means a lottery ticket (not being a lottery ticket
printed by or on behalf of the Lotteries Commission of South Australia)
that—
(a) is
sealed or in some other way conceals the number, letter or symbol giving rise
to the winning chance; and
(b) is
realisable immediately after its purchase by the participant in the lottery;
"instant prize" means a prize to be won on a ticket—
(a) that
has on it a number, letter or symbol giving rise to a winning chance; and
(b) that
is realisable (without being drawn) immediately after its acquisition by the
participant in the lottery,
and includes a prize to be found within the packaging of goods that are the
subject of a trade promotion lottery;
"licensed supplier" means the holder of a licence under Part 5 of the
Act;
"lottery licence" means a licence issued under Part 3 of the Act;
"lottery rules" means the rules under these regulations with which persons
conducting lotteries (whether permitted or licensed lotteries) must comply;
"major bingo session" means bingo played at a bingo session where the gross
proceeds of the session exceed $1 000;
"major lottery" means a lottery the prizes of which, in total, exceed
$5 000 in value, but does not include an instant lottery, a sweepstakes,
a Calcutta sweepstakes or a card jackpot lottery;
"major trade promotion lottery" means a trade promotion lottery—
(a) of
which the total value of all the prizes exceeds $5 000; or
(b) the
prizes of which include both instant prizes and drawn prizes (regardless of
the value of the prizes),
but does not include a trade promotion (instant prize) lottery;
"minor bingo session" means bingo played at a bingo session where the gross
proceeds of the session do not exceed $1 000;
"minor lottery" means a lottery the prizes of which do not, in total, exceed
$5 000 in value, but does not include an instant lottery, a sweepstakes,
a Calcutta sweepstakes or a card jackpot lottery;
"minor trade promotion lottery" means a trade promotion lottery, other than a
major trade promotion lottery or a trade promotion (instant prize) lottery, of
which the total value of all the prizes does not exceed $5 000;
"net proceeds", in relation to a lottery, means the gross proceeds of the
lottery less the amount of the prizes and administrative expenses of
conducting the lottery;
"organisation" means—
(a) any
incorporated organisation other than a registered corporation that returns
profits to its members; or
(b) any
unincorporated organisation that has—
(i)
at least 10 members; and
(ii)
a management committee appointed or elected by the
members of the organisation; and
(iii)
a written constitution;
"participation lottery" means a lottery conducted by an organisation—
(a) of
which the total value of all the prizes does not exceed $5 000; and
(b) in
which only members, or a class of members, of the organisation have a right to
participate; and
(c)
where participation in the lottery does not depend on the payment of an
entrance fee or other benefit (other than payment of any membership fee to
become a member of the organisation);
"prohibited goods or services" means goods or services prohibited by notice
under section 7 of the Act;
"registered corporation" means a corporation that is registered under the
Corporations Act 2001 of the Commonwealth;
"scrutineer" means—
(a) a
commissioner for taking affidavits in the Supreme Court; or
(b) a
justice of the peace; or
(c) a
notary public; or
(d) any
other person authorised to take declarations under the Oaths Act 1936 ;
or
(e) a
person, or a person of a class, authorised by the Commissioner to be a
scrutineer;
"spouse"—a person is the spouse of another if they are legally married;
"supplier's licence" means a licence under Part 4 of the Act;
"sweepstakes" means a scheme under which money is paid into a pool the whole
or part of which is distributed as prizes to those persons who have drawn, or
have acquired from the drawer, the winning chances (according to the terms of
the scheme) arising out of the results of a race, game or other sporting event
conducted within or outside the State;
"ticket" means a token of any kind used for the purposes of drawing the prizes
in a lottery or claiming an instant prize in a lottery and includes—
(a) a
recording, by electronic means or otherwise, of a participant's name or
telephone number; and
(b) the
packaging of goods in which an instant prize, or a ticket for an
instant prize, may be found;
"trade promotion (instant prize) lottery" means a trade promotion lottery all
the prizes of which are instant prizes;
"trade promotion lottery licence" means a lottery licence of a class specified
in regulation 18;
"trader", in relation to a trade promotion lottery, means the seller of the
goods or services that are the subject of the promotion;
"value", in relation to an item that is a prize in a lottery, means—
(a) if
the item is an antique or a piece of artwork, craftwork or collectible
bric-a-brac or is secondhand—the price likely to be paid for the item if
sold at auction; and
(b) in
any other case—the retail price, or a reasonable estimate of the likely
retail price, of the item.
(2) A reference in
these regulations—
(a) to a
"trade promotion lottery" includes a reference to a
minor trade promotion lottery, a major trade promotion lottery and a trade
promotion (instant prize) lottery; and
(b) to a
"sweepstakes" does not include a reference to a Calcutta sweepstakes.
(3) For the purposes
of these regulations—
(a) a
member of an organisation will not be taken to receive a benefit from the
net proceeds of a lottery conducted by the organisation by virtue only of the
fact that they, as a member of the organisation, shares with the other members
in the facilities or services provided by the organisation; and
(b) a
registered corporation will not be taken to receive a benefit from the
net proceeds of a lottery by virtue only of the fact that part of those
proceeds is used to acquire goods or services from the corporation; and
(c) a
ticket in a lottery will not be regarded as giving rise to an equal chance of
winning a prize in the lottery if the holder of the ticket is required to be
present at the drawing of the lottery in order to have a chance to win any
particular prize, except in the case of a minor lottery if—
(i)
the tickets for the lottery are sold on the same day, and
at the same place, as the lottery is drawn; and
(ii)
the details of the draw (including any rules about being
present at the drawing of the lottery) are disclosed to purchasers of tickets
at the time of purchase.
(4) For the purposes
of these regulations, a person is associated with a licensee conducting a
lottery if—
(a) the
person is a spouse, domestic partner, parent, brother, sister or child of the
licensee; or
(b)
either the person or the licensee is an employer or an employee of the other;
or
(c) the
licensee is an organisation and the person is a member of the organisation; or
(d) the
person is a partner of the licensee; or
(e) the
person manages, or is to manage, the lottery to be conducted by the licensee;
or
(f) the
person and the licensee are both trustees or beneficiaries of the same trust,
or 1 is a trustee and the other is a beneficiary of the same trust; or
(g) the
licensee is a body corporate and the person is a director or member of the
governing body of the body corporate; or
(h) the
licensee is a body corporate and the person is a shareholder in the body
corporate; or
(i)
a chain of relationships can be traced between the person
or the licensee under any 1 or more of the above paragraphs.
(5) For the purposes
of these regulations, an advertisement will not be taken to contain
information unless the information is displayed so as to be clearly visible
having regard to the nature of the advertisement and its size or length.