South Australian Current Regulations

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LOTTERIES REGULATIONS 2021 - SCHEDULE 4

Schedule 4—Card jackpot lottery rules

1—Application of Schedule

This Schedule sets out the rules that an organisation must comply with in conducting a card jackpot lottery that is a fundraiser.

2—Prohibition on entry

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.

3—Conduct of lottery

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.

5—Tickets and draws

        (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.

6—Terms and conditions

        (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.

7—Prizes

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.



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