South Australian Current Regulations

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LOTTERIES REGULATIONS 2021 - SCHEDULE 10

Schedule 10—Instant lottery rules

1—Application of Schedule

This Schedule sets out the rules that an organisation must comply with in conducting an instant lottery authorised by an instant lottery licence.

2—Advertising requirements

An advertisement of the lottery must state the number of the lottery licence under which the lottery is conducted.

3—Distribution of proceeds of instant lottery

        (1)         The whole of the net proceeds of the lottery must be applied for the approved purposes that are specified in the licence.

        (2)         The total amount of proceeds applied for the approved purposes that are specified in the licence must not be less than 20% of the gross proceeds of the lottery.

        (3)         No part of the net proceeds of the lottery may be applied for the benefit of—

            (a)         a member of the organisation; or

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

4—Tickets

        (1)         The tickets for the lottery must be purchased from a licensed supplier of instant lottery tickets.

        (2)         An instant lottery ticket must not be sold to a person under the age of 18 years.

        (3)         Each ticket in the lottery must be of equal value and give rise to an equal chance of winning.

        (4)         The licensee must display, at or near the place at which the tickets in the lottery are being sold, a sign stating—

            (a)         the nature and value of each prize to be won in the lottery; and

            (b)         the restrictions on entry,

unless that information appears on the tickets.

5—Prizes

The total value of all prizes in the lottery must be not less than 20% of the total face value of all tickets in the lottery.

6—Record keeping and provision of information

        (1)         The licensee must keep accurate records of—

            (a)         the number of tickets sold and the number of tickets available for sale; and

            (b)         the name of the supplier from whom tickets were purchased; and

            (c)         the details of the lotteries conducted including—

                  (i)         the serial numbers of the tickets sold in each lottery; and

                  (ii)         the opening and closing date for each lottery; and

                  (iii)         the class or type of each lottery; and

            (d)         the gross proceeds of the lottery; and

            (e)         the details of the distribution of net proceeds of the lottery including—

                  (i)         the name of each recipient; and

                  (ii)         the amount received by each recipient; and

            (f)         the administrative costs of conducting the lottery.

        (2)         The licensee must, in relation to each lottery conducted during the licence period, keep a copy of the records referred to in subrule (1) for a period of not less than 1 year from the expiry of the licence and ensure that they are available for inspection by the Commissioner during that period.

        (3)         The licensee must provide the Commissioner with such other information, and in such manner, as is reasonably required by the Commissioner for the purpose of monitoring compliance with these regulations.

7—Financial requirements

        (1)         The licensee must—

            (a)         pay all money received from the sale of tickets in each lottery conducted during the licence period into an ADI account operated by the licensee; and

            (b)         keep accurate accounts of all income and expenditure relating to each lottery conducted during the licence period, being accounts that are separate from the other accounts kept by the licensee; and

            (c)         cause those accounts to be audited annually by an auditor, subject to subrule (2).

        (2)         The licensee must—

            (a)         if the gross proceeds during the reporting period are less than $50 000—within 1 month after each anniversary of the issue of the licence and within 1 month of the expiry of the licence period, provide the Commissioner with a financial statement that includes the particulars required by the Commissioner; or

            (b)         if the gross proceeds during the reporting period are $50 000 or more—within 2 months after each anniversary of the issue of the licence and within 2 months of the expiry of the licence period, provide the Commissioner with a financial statement—

                  (i)         that includes the particulars required by the Commissioner; and

                  (ii)         that is certified correct by the auditor who audited the accounts of each lottery conducted during the licence period.



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