South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears—
"Act" means the Lottery and Gaming Act 1936 ;
"administrative expenses", in relation to the conduct of a lottery—
(a)
includes any commission, salary or other remuneration paid to a person for
conducting the lottery or for selling tickets in the lottery; but
(b) does
not include fees payable under these regulations or any other government
charges or, in relation to conducting bingo sessions, rent of the premises in
which the sessions are conducted;
"approved purposes", in relation to a fundraiser lottery, means any of the
following purposes:
(a) a
religious, educational, charitable or benevolent purpose;
(b) the
purpose of promoting or encouraging literature, science or the arts;
(c) the
purpose of providing medical treatment or attention, or promoting the
interests of persons who have a particular physical, mental or intellectual
disability;
(d) the
purpose of establishing, carrying on or improving a community centre, or
promoting the interests of a local community or a particular section of a
local community;
(e) the
purpose of sport, recreation or amusement;
(f) the
purpose of promoting animal welfare;
(g) the
purpose of conserving resources or preserving any part of the environmental,
historical or cultural heritage of the State;
(h) the
purpose of promoting the interests of students or staff of an educational
institution;
(i)
a political purpose;
(j) the
purpose of promoting the common interests of persons who are engaged in, or
interested in, a particular business, trade or industry;
"association" means any association of persons, whether incorporated or not,
that has—
(a) at
least 10 members; and
(b) a
management committee appointed or elected by the members of the association;
and
(c) a
written constitution,
but does not include a registered corporation that returns profits to its
members;
"auditor" means a person who is a member of—
(a) the
Australian Society of Certified Practising Accountants; or
(b) The
Institute of Chartered Accountants in Australia; or
(c) the
National Institute of Accountants;
"bingo" means the game of chance known as bingo, housie or
housie when played by the method commonly known as "eyes down";
"bingo session" means an event at which a series of bingo games is played;
"Calcutta sweepstakes (or Calcutta)" means a sweepstakes conducted on the
basis that the winning chances will be auctioned;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"fundraiser", in relation to a lottery, means a lottery conducted by an
association on the basis that the net proceeds of the lottery are to be
applied by the association for 1 or more approved purposes;
"GST" means the tax payable under the GST law;
"GST law" means—
(a)
A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
and
(b) the
related legislation of the Commonwealth dealing with the imposition of a tax
on the supply of goods, services and other things;
"instant lottery" means a lottery—
(a) the
prizes of which do not, in total, exceed $5 000 in value; and
(b) in
which the right to participate depends on purchasing an instant lottery
ticket;
"instant prize" means a prize to be won on a ticket—
(a) that
has on it a number, letter or symbol giving rise to a winning chance; and
(b) that
is realisable (without being drawn) immediately after its acquisition by the
participant in the lottery,
and includes a prize to be found within the packaging of goods that are the
subject of a trade promotion lottery;
"licensed supplier" means the holder of an instant lottery ticket supplier's
licence;
"lottery licence" means a licence issued under these regulations to conduct a
major lottery, major bingo sessions or instant lotteries;
"lottery rules" means the rules under these regulations with which persons
conducting lotteries (whether exempted or authorised lotteries) must comply;
"major bingo session" means bingo played at a bingo session where the gross
proceeds received from the session exceed $500;
"major lottery" means a lottery the prizes of which exceed, in total,
$5 000 in value, but does not include an instant lottery, a sweepstakes
or a Calcutta sweepstakes;
"major trade promotion lottery" means a trade promotion lottery—
(a) of
which the total value of all the prizes exceeds $5 000; or
(b) the
prizes of which include both instant prizes and drawn prizes (regardless of
the value of the prizes),
but does not include a trade promotion (instant prize) lottery;
"minor bingo session" means bingo played at a bingo session where the gross
proceeds of the session do not exceed $500;
"minor lottery" means a lottery the prizes of which do not, in total, exceed
$5 000 in value, but does not include an instant lottery, a sweepstakes
or a Calcutta sweepstakes;
"minor trade promotion lottery" means a trade promotion lottery other than a
major trade promotion lottery or a trade promotion (instant prize) lottery;
"net proceeds", in relation to a lottery, means the gross proceeds of the
lottery less the amount of the prizes and administrative expenses of
conducting the lottery;
"participation lottery" means a lottery conducted by an association—
(a) in
which only members, or a class of members, of the association have a right to
participate; and
(b)
where participation in the lottery does not depend on the payment of an
entrance fee or other benefit (other than payment of any membership fee to
become a member of the association);
"prohibited goods or services" means goods or services prohibited by the
Minister under regulation 4;
"registered association" means an association registered under the Fair Work
Act 1994 , the Workplace Relations Act 1996 of the Commonwealth or
an Act of another State or a Territory of the Commonwealth that corresponds to
the Fair Work Act 1994 ;
"registered corporation" means a corporation that is registered under the
Corporations Law 2001 of the Commonwealth;
"revoked regulations" means the Lottery and Gaming Regulations 1993
revoked by these regulations;
"scrutineer" means—
(a) a
commissioner for taking affidavits in the Supreme Court; or
(b) a
justice of the peace; or
(c) a
notary public; or
(d) any
other person authorised to take declarations under the Oaths Act 1936 ;
or
(e) a
person, or a person of a class, authorised by the Minister to be a scrutineer;
"spouse"—a person is the spouse of another if they are legally married;
"supplier's licence" means an instant lottery ticket supplier's licence;
"ticket" means a token of any kind used for the purposes of drawing the prizes
in a lottery or claiming an instant prize in a lottery and includes—
(a) a
recording, by electronic means or otherwise, of a participant's name or
telephone number; and
(b) the
packaging of goods in which an instant prize, or a ticket for an
instant prize, may be found;
"trade promotion (instant prize) lottery" means a trade promotion lottery all
the prizes of which are instant prizes;
"trade promotion lottery licence" means a licence issued under these
regulations to conduct a major trade promotion lottery or a trade promotion
(instant prize) lottery;
"trader", in relation to a trade promotion lottery, means the seller of the
goods or services that are the subject of the promotion;
"value", in relation to an item that is a prize in a lottery, means—
(a) if
the item is an antique or a piece of artwork, craftwork or collectible
bric-a-brac or is secondhand—the price likely to be paid for the item if
sold at auction;
(b) in
any other case—the retail price, or a reasonable estimate of the likely
retail price, of the item.
(2) A reference in
these regulations—
(a) to a
"trade promotion lottery" includes a reference to a
minor trade promotion lottery, a major trade promotion lottery and a trade
promotion (instant prize) lottery;
(b) to a
"sweepstakes" does not include a reference to a Calcutta sweepstakes.
(3) For the purposes
of these regulations—
(a) a
member of an association will not be taken to receive a benefit from the
net proceeds of a lottery conducted by the association by virtue only of the
fact that he or she, as a member of the association, shares with the other
members in the facilities or services provided by the association; and
(b) a
registered corporation will not be taken to receive a benefit from the
net proceeds of a lottery by virtue only of the fact that part of those
proceeds is used to acquire goods or services from the corporation; and
(c) a
ticket in a lottery will not be regarded as giving rise to an equal chance of
winning a prize in the lottery if the holder of the ticket is required to be
present at the drawing of the lottery in order to have a chance to win any
particular prize.
(4) For the purposes
of these regulations, a person is associated with a licensee conducting a
lottery if—
(a) the
person is a spouse, domestic partner, parent, brother, sister or child of the
licensee; or
(b)
either the person or the licensee is an employer or an employee of the other;
or
(c) the
licensee is an association and the person is a member of the association; or
(d) the
person is a partner of the licensee; or
(e) the
person manages, or is to manage the lottery to be conducted by the licensee;
or
(f) the
person and the licensee are both trustees or beneficiaries of the same trust,
or 1 is a trustee and the other is a beneficiary of the same trust; or
(g) the
licensee is a body corporate and the person is a director or member of the
governing body of the body corporate; or
(h) the
licensee is a body corporate and the person is a shareholder in the body
corporate; or
(i)
a chain of relationships can be traced between the person
or the licensee under any 1 or more of the above paragraphs.
(5) For the purposes
of these regulations, an advertisement will not be taken to contain
information unless the information is displayed so as to be clearly visible
having regard to the nature of the advertisement and its size or length.