South Australian Current Regulations

LOTTERIES REGULATIONS 2021 - REG 34

34—Advertising of lotteries

        (1)         An organisation or person conducting a lottery must ensure that the following requirements with respect to advertising or promoting the lottery are complied with:

            (a)         the advertising or promoting must not be such so as to appear, to a reasonable observer, to—

                  (i)         be directed at minors or to portray minors participating in gambling activities; or

                  (ii)         imply that the lottery is a means of improving a person's personal or financial position or relieving personal or financial difficulties or providing for the payment of expenses or debts; or

                  (iii)         imply that the lottery is a means of enhancing social, sexual or employment prospects;

            (b)         the advertising or promoting must not—

                  (i)         exaggerate the prizes or the chances of winning a prize; or

                  (ii)         present the chances of winning in a manner which is false, misleading or in a manner that cannot be verified;

            (c)         the advertising or promoting must not state or imply that the skill of the participant can influence the outcome of the lottery;

            (d)         the advertising or promoting must not associate the lottery with excessive alcohol consumption;

            (e)         if the lottery is a fundraiser—

                  (i)         the advertising or promoting must not exaggerate the connection between the lottery and the use to which the organisation intends to apply the proceeds of the lottery; and

                  (ii)         the advertising or promoting must not refer to the value or nature of a prize, or the frequency with which a prize may be won unless the advertising or promoting—

                        (A)         includes sufficient information for a reasonably informed person to understand the odds of winning or the overall return to the participant; and

                        (B)         if the advertising or promoting is intended to encourage a person to participate in the lottery during a particular period—includes sufficient information for a reasonably informed person to understand the likelihood that the prize will be won by a person during that period.

        (2)         The Commissioner may direct that a person stop, remove or change advertising that the Commissioner considers to be in contravention of subregulation (1).

        (3)         A person who fails to comply with a direction under subregulation (2) is guilty of an offence.

Maximum penalty: $5 000.

Expiation fee: $315.