South Australian Numbered Acts South Australian Numbered Acts29—Commissioner may grant exemptions
(1) The Commissioner may, on application by a person or on the Commissioner's own initiative, exempt a lottery, or a class of lotteries, from specified provisions of this Act.
(2) An application for the grant of an exemption under this section must be made in a manner and form determined by the Commissioner and be accompanied by any prescribed fee.
(3) The Commissioner may grant an exemption to an applicant if the Commissioner is satisfied that—
(a) the lottery will not involve any breach of a notice under section 7; and
(b) the grant of the exemption would otherwise be consistent with the objects of this Act.
(4) The Commissioner may refuse to grant an application for an exemption on any reasonable ground.
(5) The Commissioner may require an applicant for an exemption to provide further information about or verification of a matter relevant to the application.
(6) An exemption may be granted—
(a) by notice in writing given to the person who is conducting, or who proposes to conduct, the lottery; or
(b) where the exemption relates to a class of lotteries—by notice in the Gazette.
(7) An exemption granted by the Commissioner under this section may be subject to any conditions the Commissioner thinks fit and specifies in the notice of exemption.
(8) The Commissioner may, at any time, by further notice given in the same manner as notice of the exemption was given—
(a) vary or revoke an exemption; or
(b) vary or revoke a condition of the exemption.
(9) A person who contravenes, or fails to comply with, a condition imposed under subsection (7) is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(10) In any prosecution for an offence under subsection (9), it is a sufficient defence if the defendant proves to the satisfaction of the court that the defendant took all reasonable steps to prevent the occurrence of the contravention or failure to which the prosecution relates.