South Australian Consolidated Acts

LOTTERY AND GAMING ACT 1936 - SECT 9

9—Exemptions from Act

        (1)         Nothing in this part of this Act shall extend to or affect—

            (a)         any allotment of real or personal estate or interest which according to law is legally allottable, or may be allotted or held by, or by means of, any allotment or partition by lots; and

            (b)         any voluntary association or branch thereof formed or established in the State for the purchase of paintings, drawings, or other works of art to be afterwards allotted and distributed by chance or otherwise among the several members, subscribers, or contributors forming part of such association, or for raising sums of money by subscription or contribution, to be allotted and distributed by chance or otherwise as prizes amongst the members, subscribers, or contributors forming part of such association: Provided that—

                  (i)         such sums of money so allotted and distributed are expended solely and entirely in the purchase of paintings, drawings, or other works of art; and

                  (ii)         the proceedings of such association are carried on in good faith for the encouragement of the fine arts; and

            (c)         the distribution of any property among the owners thereof if such property is capable of being fairly apportioned among all the owners thereof and is proposed to be apportioned equally so far as practicable among all the owners thereof; and

            (d)         a lottery (other than a trade-promotion lottery) where participation in the lottery does not depend on the payment of an entrance fee or other benefit; and

            (e)         any raffle of a private nature among persons engaged in common employment under the same employer where the net proceeds thereof are intended to be appropriated to the provision of amenities for persons in that employment and the value of the prize does not exceed twenty-five dollars.

        (2)         For the purposes of subsection (1)(d), payment of a membership fee to become a member of an association will, if membership entitles the member to participate (at no further cost) in a lottery, be taken to be payment of an entrance fee for participation in the lottery.