South Australian Repealed Regulations

This legislation has been repealed.

LOTTERY AND GAMING REGULATIONS 1993 - REG 4

4—Interpretation

        (1)         In these regulations, unless the contrary intention appears—

"the 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;

"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" means a sweepstakes conducted on the basis that the winning chances will be auctioned;

"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 one 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, bingo sessions or an instant lottery;

"lottery rules" means the rules under these regulations with which persons conducting lotteries (whether exempted or authorised lotteries) must comply;

"major lottery" means a lottery the prizes of which exceed, in total, $2 000 in value, but does not include an instant lottery, a sweepstakes or a Calcutta sweepstakes;

"minor lottery" means a lottery the prizes of which do not, in total, exceed $2 000 in value, but does not include an instant lottery, a sweepstakes or a Calcutta sweepstakes;

"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;

"registered corporation" means a corporation that is registered under the Corporations Law 2001 of the Commonwealth;

"the revoked regulations" means the Lottery Regulations 1971 , revoked by these regulations;

"supplier's licence" means an instant lottery ticket supplier's licence;

"sweepstakes" does not include a Calcutta sweepstakes;

"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, in relation to a trade promotion lottery—

            (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" includes 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)         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.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.