South Australian Current Regulations South Australian Current RegulationsSchedule 8—Major lottery rules
This Schedule sets out the rules that an organisation must comply with in
conducting a lottery authorised by a major lottery licence.
An advertisement of the lottery must contain the following information:
(a) the
number of the lottery licence under which the lottery is conducted;
(b) the
nature and value of the prizes to be won;
(c) how
and where to get a copy of the full terms and conditions of the lottery;
(d) the
total number of tickets available in the lottery.
3—Distribution of proceeds of 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 35% 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.
(1) Each ticket in the
lottery must give rise to an equal chance of winning the major prize.
(2) If bonus or
bundled tickets are to be on offer to purchasers of a certain number of
tickets in the lottery—
(a)
details of the bonus or bundled offer must appear on the face of each ticket
in the lottery or the information provided to purchasers at the time of
purchase and in the terms and conditions of the lottery; and
(b) the
bonus or bundled offer must apply as stated on the licence.
(3) Any tickets,
ticket butts and ticket book covers used in the lottery must be in the form,
and contain the information, as approved by the Commissioner on granting the
licence.
(4) The number of
tickets in the lottery must not exceed the number specified in the licence.
(5) The licensee must
issue each person who is to sell tickets in the lottery with a certificate or
some other form of authority to sell that can be shown to any purchaser on
request.
(6) A ticket in the
lottery must not be given or posted to a person for sale to or by that person
without their prior consent.
(7) No ticket in the
lottery may be sold unless the name, address and telephone number (or email
address) of the purchaser of the ticket is filled in on the butt of the ticket
or is otherwise recorded and retained by the licensee.
(8) No ticket in the
lottery may be sold before the day specified in the licence for the
commencement of the lottery.
(9) Before a lottery
draw is held all butts of tickets sold before the draw or other records of
entries or participants must be in the hands of the licensee.
(10) Before the
lottery is drawn or, if there is more than 1 drawing of the lottery,
before the final drawing of the lottery, all unsold tickets and proceeds from
ticket sales must be in the hands of the licensee.
(11) The lottery must
not be drawn electronically except by way of a random number generator that
draws a winner at random.
(12) The licensee must
make information related to a system referred to in subrule (11)
available to the Commissioner on request.
(13) A lottery draw
must be held—
(a) on
the day and at the time and place specified for the draw in the licence; and
(b)
under the supervision of the licensee; and
(i)
if the total prize value of the lottery is less than
$30 000—in the presence of a person who is not associated with the
licensee or otherwise involved in the conduct of the lottery; or
(ii)
if the total prize value of the lottery is $30 000
or more—in the presence of a scrutineer who is not associated with the
licensee or otherwise involved in the conduct of the lottery, or at the
direction of the Commissioner; and
(d) in
the presence of such of the ticket holders in the lottery who wish to be
present.
(14) The winners of
the prizes in the lottery must be determined by lot.
(15) The winning
ticket numbers for each prize the value of which is over $250 must be
published within 30 days of the drawing of the lottery or, if there is
more than 1 drawing of the lottery, the final drawing of the lottery in
the location specified in the terms and conditions of the lottery.
(16) In this
rule—
bundled tickets means tickets offered at a discount for purchasing a certain
number of tickets in the lottery.
The terms and conditions of the lottery must include—
(a) if a
third party has been engaged to promote or conduct the lottery on behalf of
the organisation—the name of the third party and that they have been
engaged to promote or conduct the lottery; and
(b) if
any of the net proceeds of the lottery will be distributed to an organisation
that is not the organisation that conducted the lottery—the name of any
organisation to which net proceeds of the lottery will be distributed.
(1) 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.
(2) The prizes in the
lottery must consist of cash, goods or services.
(3) If the gross
proceeds from the lottery are insufficient to meet the cost of the prizes in
the lottery, the licensee must make up the deficiency from its other funds and
must notify the Commissioner in writing as soon as it becomes apparent that
such a deficiency will arise.
(4) If a prize is not
delivered to its winner at the time the winning ticket is drawn, the winner
must, within 7 days of the draw, be notified in writing of the prize they
have won and the particulars of how the prize is to be delivered or collected.
7—Record keeping and provision of information
(1) The licensee must
keep accurate records of—
(a) the
number of tickets issued for sale; and
(b) the
names and addresses of the persons to whom they were issued for sale; and
(c) the
number of tickets sold; and
(d) the
number of tickets returned unsold; and
(e) the
details of the lottery draw, including the time, date and location of the
draw; and
(f) 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
(g) the
details of any unclaimed prizes and the manner in which they were dealt; and
(h) the
name and address of the independent person who witnessed or scrutineered the
draw.
(2) The licensee must
require a person to whom tickets are issued for sale to give a receipt for the
tickets.
(3) The licensee must
keep a copy of the records referred to in subrule (1) for a period of not
less than 1 year from when the lottery is drawn and ensure that they are
available for inspection by the Commissioner during that period.
(4) 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.
(1) The licensee
must—
(a) pay
all money received from the sale of tickets in the lottery into an ADI account
operated by the licensee; and
(b) keep
accurate accounts of all income and expenditure relating to the lottery, being
accounts that are separate from the other accounts kept by the licensee; and
(c)
cause those accounts to be audited by an auditor if required, subject to
subrule (2).
(a) if
the total prize value of the lottery is less than $30 000—within
1 month of the drawing of the lottery (or if there is more than 1 drawing
of the lottery, within 1 month of the final drawing of that lottery),
provide the Commissioner with a financial statement that includes the
particulars required by the Commissioner; or
(b) if
the total prize value of the lottery is $30 000 or more—within
2 months of the drawing of the lottery (or if there is more than 1
drawing of the lottery, within 2 months of the final drawing of that
lottery), 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 the lottery.