Schedule 4—Card jackpot lottery rules
This Schedule sets out the rules that an organisation must comply with in
conducting a card jackpot lottery that is a fundraiser.
The following persons or bodies must not enter a lottery:
(a) an
owner, occupier or employee of the venue at which the lottery is conducted;
(b) a
person under the age of 18 years.
The lottery must not be conducted in a gaming area (within the meaning of the
Gaming Machines Act 1992 ).
4—Distribution of proceeds of lottery
(1) The whole of the
net proceeds of the lottery must be applied for 1 or more approved purposes.
(2) The
administrative expenses of conducting the lottery must not exceed 10% of the
gross proceeds of the lottery.
(3) The total amount
of proceeds applied for 1 or more approved purposes must not be less than 20%
of the gross proceeds of the lottery.
(4) 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.
(1) Each ticket in the
lottery must be of equal value.
(2) The determination
of the winner must be undertaken in a fair and transparent manner with each
ticket in a particular draw of the lottery having an equal chance of being
drawn.
(3) If tickets in the
lottery are to be sold before the day on which the lottery is to be drawn or
at places other than the place at which the lottery is to be drawn—
(a) the
name of the organisation conducting the lottery, and the date, place and time
for the drawing of the lottery, must be clearly printed on each ticket in the
lottery or must be otherwise made available to the purchaser at the time of
purchase; and
(b) the
butt of each ticket sold in the lottery must have the name and address (or
telephone number or email address) of the purchaser of the ticket clearly
written on it; and
(c) the
lottery must be drawn on the day and at the place and time so specified.
(4) The lottery must
be drawn on the date and at the time and place specified in the terms and
conditions of the lottery.
(5) No more than 1
lottery may be conducted at a venue at any given time.
(6) A new deck of
standard playing cards must be used for each lottery.
(7) The cards in a
lottery must be safely secured at all times during the lottery.
(8) No more than
2 members of the management committee may have access to the display
board during the lottery.
(9) The position of
the winning card must not be revealed to any person before or during the
lottery.
(10) A winner of the
draw must be given a reasonable opportunity, of no less than 15 minutes,
to select a card from the display board.
(11) Each turned card
that is not the winning card must be displayed face side up on the display
board or removed from the board.
(12) The draw and
selection of a card must take place in the presence of at least
1 participant in the lottery.
(1) The terms and
conditions of the lottery must include—
(a) how
to enter the lottery; and
(b) the
date, time and location of the draw; and
(c) the
details of the prizes, including an estimate of the total prize value; and
(d) how
the proceeds will be distributed; and
(e) how
prizes may be claimed; and
(f) the
rules of the lottery.
(2) The terms and
conditions of the lottery must be displayed next to the display board and
available to participants.
If a winning card is not selected in a draw, the prizes may accumulate (or
jackpot ) to the next draw but must not exceed $5 000 in total.
8—Record keeping and provision of information
(1) The organisation
must keep accurate records of—
(a) the
details of each draw; and
(b) the
distribution of all prizes to the prize winners and the details of any
unclaimed prizes and the manner in which they were dealt; and
(c) the
gross proceeds of the lottery; and
(d) 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
(e) the
administrative costs of conducting the lottery.
(2) The organisation
must keep a copy of the records referred to in subrule (1) for a period
of not less than 3 months from when the lottery is drawn and ensure that
they are available for inspection by the Commissioner during that period.
(3) The organisation
conducting the lottery 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.