South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
24A—Trade promotion lottery rules
(1) The rules with
which a person must comply in and in relation to conducting a
trade promotion lottery (other than a trade promotion (instant prize) lottery)
are as follows:
(a)
entry in the lottery must be free except that—
(i)
the right to participate in the lottery may be dependent
on the purchase of any of the goods or services the subject of the promotion;
and
(ii)
in the case of—
(A) entry in the lottery by mobile
telephone—the cost of entering the lottery by such telephone must not
exceed the cost of the telephone call and the amount received in respect of
the call by the holder of the trade promotion lottery licence must not exceed
50 cents;
(B) entry in the lottery by fixed
phone—the cost of entering the lottery by such telephone must not exceed
the cost of the telephone call which must not exceed an amount that, after
deduction of the GST payable in respect of the call, is 50 cents;
(iii)
the cost of entering the lottery by post must not exceed
the normal cost of postage;
(b)
subject to any test of participants' knowledge, skills or judgment, each
ticket in the lottery must give rise to an equal chance of winning a prize in
the lottery;
(ba) if
some of the prizes in the lottery are instant prizes, the tickets for those
prizes must be manufactured, packaged and stored in a manner that satisfies
the Minister that the prizes, or the numbers, letters or symbols that give
rise to the winning chance or chances, cannot be detected by any person before
the persons participating in the lottery have acquired them;
(bb) the
duration of the lottery must not exceed 12 months;
(c) all
advertisements of the lottery (other than advertisements on television, radio
or at the cinema) must contain the following information:
(i)
the name and address of the trader; and
(ii)
if the lottery is authorised by a licence—
(A) the licence number; and
(B) the name and address of the licensee;
and
(iii)
the duration of the lottery; and
(iv)
the nature and value of the prizes to be won; and
(v)
the number of draws in the lottery and the date, place
and time for the drawing of the lottery; and
(vi)
the date on which and method by which participants in the
lottery will be advised of the results of the drawing of the lottery;
(ca) the
lottery must not be drawn electronically except by way of such a system as may
from time to time be approved by the Minister for the purpose;
(cb) all
advertisements of the lottery on television, radio or at the cinema must
contain the following information:
(i)
if the lottery is authorised by a licence—the
licence number; and
(ii)
how a person may enter the lottery; and
(iii)
the nature and value of the prizes to be won; and
(iv)
how and where to get a copy of the conditions of the
lottery;
(d) the
lottery must be drawn—
(i)
on the date and at the time and place specified in the
advertisements of the lottery; and
(ii)
if—
(A) the total value of all prizes equals or
exceeds $20 000; or
(B) the Minister so directs in any
particular case,
under the scrutiny of a person authorised by the Minister for the purpose;
(e) the
winners of the drawn prizes in the lottery must be determined by lot, with the
first prize being drawn first, the second prize being drawn second, and so on;
(f) if
the lottery is authorised by a licence—
(i)
the name and address of each winner of—
(A) a drawn prize in the lottery; or
(B) an instant prize the value of which
exceeds $100,
must be furnished to the Minister within 14 days of the drawing of the
lottery;
(ii)
if a prize is not delivered to its winner at the time the
lottery is drawn, the winner must, within 14 days of the drawing of the
lottery, be notified in writing of the prize he or she has won and the
particulars of how the prize is to be delivered or collected; and
(iii)
the name and address of each winner of a prize the value
of which is over $100 must (except for any winner who has requested that his
or her name and address not be so published) be published within 30 days
of the drawing of the lottery—
(A) in a newspaper circulating generally
throughout the State; or
(B) if the lottery has only been advertised
in a particular magazine or newspaper, in that magazine or newspaper; and
(iv)
all ticket butts, entry forms and other records relating
to the conduct of the lottery must by retained by the person for at least 3
months after the drawing of the lottery or, where there is more than one
drawing of the lottery, the final drawing of the lottery and must be made
available for inspection by the Minister, on request, during that period;
(g) if
the lottery is an exempted lottery—
(i)
a list of the drawn prizes and their winners, or the
winning ticket numbers, in the lottery must be displayed in a prominent place
in the premises at which the lottery was drawn for at least 7 days after the
day on which the lottery was drawn; and
(ii)
if a prize is not delivered to its winner at the time the
lottery is drawn and the identity of the winner is known or is reasonably
ascertainable, the winner must, within 14 days of the drawing of the lottery,
be notified in writing of the prize that he or she has won and the particulars
of how the prize is to be delivered or collected; and
(iii)
all prize winning ticket butts and the list of prizes and
their winners (or winning ticket numbers) for the lottery must be retained by
the person for at least 3 months after the drawing of the lottery or, where
there is more than one drawing of the lottery, the final drawing of the
lottery and must be made available for inspection by the Minister, on request,
during that period.
(2) The rules with
which a person must comply in and in relation to conducting a trade promotion
(instant prize) lottery are as follows:
(a) the
right to participate in the lottery may be dependent on the purchase of any of
the goods or services the subject of the promotion, but otherwise entry in the
lottery must be free;
(b) each
ticket in the lottery must give rise to an equal chance of winning a prize in
the lottery;
(c) the
tickets in the lottery must be manufactured, packaged and stored in a manner
that satisfies the Minister that the prizes, or the numbers, letters or
symbols that give rise to the winning chance or chances, cannot be detected by
any person before the persons participating in the lottery have acquired them;
(d) the
duration of the lottery must not exceed 12 months;
(e) all
advertisements of the lottery must contain the following information:
(i)
the name and address of the trader; and
(ii)
if the lottery is authorised by a licence—
(A) the licence number; and
(B) except in the case of an advertisement
on television, radio or at the cinema, the name and address of the licensee;
and
(iii)
the duration of the lottery; and
(iv)
the nature and value of the prizes to be won;
(f) if
the lottery is authorised by a licence, the name and address of each winner of
a prize in the lottery the value of which exceeds $100—
(i)
must be furnished to the Minister within 14 days of the
close of the lottery; and
(ii)
must (except for any winner who has requested that his or
her name and address not be so published) be published within 30 days of the
close of the lottery—
(A) in a newspaper circulating generally
throughout the State; or
(B) if the lottery has only been advertised
in a particular magazine or newspaper, in that magazine or newspaper.