Lotteries and Art Unions Act 1901 Lotteries and Art Unions Amendment Regulation 2000 (2000-600) [GG No 131 of 6.10.2000, p 10935] (NSW)
2000 No 600
| Lotteries and Art Unions Amendment | New South Wales |
Regulation 2000
under the
Lotteries and Art Unions Act 1901
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Lotteries and Art Unions Act 1901.
J. RICHARD FACE, M.P.,
Minister for Gaming and Racing
Explanatory note
The object of this Regulation is to amend the Lotteries and Art Unions Regulation 1997, as a consequence of the commencement of the Lotteries and Art Unions Amendment Act 2000, so as to:
| (a) | regulate the conduct of progressive lotteries (including tipping competitions), and |
| (b) | regulate the conduct of gratuitous (free entry) lotteries, and |
| (c) | prescribe maximum monetary prizes for lotteries and games of chance, and |
| (d) | require payment of monetary prizes exceeding $1,000 by crossed cheque, and |
| (e) | set out record keeping requirements for organisers of progressive lotteries and exclude organisers of gratuitous (free entry) lotteries from such requirements, and |
| (f) | make other consequential amendments. |
This Regulation is made under the Lotteries and Art Unions Act 1901, including sections 4, 4A, 4F, 4G, 6, 17B and 23 (the general regulation-making power).
| Published in Gazette No 131 of 6 October 2000, page 10935 | Page 1 |
| [16] | |
| 2000 No 600 | |
| Clause 1 | Lotteries and Art Unions Amendment Regulation 2000 |
Lotteries and Art Unions Amendment
Regulation 2000
1 Name of Regulation
This Regulation is the Lotteries and Art Unions Amendment
Regulation 2000.
2 Commencement
This Regulation commences on 6 October 2000.
3 Amendment of Lotteries and Art Unions Regulation 1997
The Lotteries and Art Unions Regulation 1997 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
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(Clause 3)
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
crossed cheque means a cheque crossed as referred to in
section 53 of the Cheques Act 1986 of the Commonwealth.
progressive lottery has the same meaning as it has in section 4F
of the Act.
[2] Clause 6 Application of Part
Insert after clause 6 (g):
(h) section 4F (Conduct of progressive lotteries authorised), (i) section 4G (Conduct of gratuitous (free entry) lotteries authorised),
[3] Clause 7 Division not to apply to certain lotteries and games of chance
Omit “or 4E” from clause 7 (b). Insert instead “, 4E”.
[4] Clause 7 (b)
Insert “or 4G (Conduct of gratuitous (free entry) lotteries authorised)” after
“authorised)”.[5] Clause 8 Entry to lottery
Insert after clause 8 (5):
(6)
In the case of a progressive lottery, a reference in this clause to a lottery ticket includes a reference to a right to participate in the lottery.
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[6] Clause 9 Distribution of lottery tickets
Insert at the end of clause 9:
(2) In the case of a progressive lottery, a reference in this clause to a lottery ticket includes a reference to a right to participate in the lottery.
[7] Clause 10 Retention of unsold tickets and no-draw lottery cards
Insert after clause 10 (2):
(3) This clause does not apply to a progressive lottery conducted under section 4F (Conduct of progressive lotteries authorised) of the Act.
[8] Clause 14 Division not to apply to certain lotteries and games of chance
Omit “or 4E” from clause 14 (b). Insert instead “, 4E”.
[9] Clause 14 (b)
Insert “or 4G (Conduct of gratuitous (free entry) lotteries authorised)” after
“authorised)”.[10] Clause 15 Commission
Insert after clause 15 (3):
(4) This clause does not apply to a progressive lottery conducted under section 4F (Conduct of progressive lotteries authorised) of the Act.
[11] Clause 16 Deduction of expenses of conduct of lottery or game of chance
Insert after clause 16 (2):
(3)
In the case of a progressive lottery, a reference in this clause to a lottery ticket includes a reference to a right to participate in the lottery.
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[12] Clause 17 Division not to apply to certain lotteries and games of chance
Insert “or 4G (Conduct of gratuitous (free entry) lotteries authorised)” after
“trade)” in clause 17 (b).[13] Clauses 36A–36C
Insert after clause 36:
36A Maximum prizes For the purposes of section 6 (1) (g) of the Act, the prescribed amount of money that a prize given to any one member may not exceed is $5,000.
36B Money component of travel prizes For the purposes of section 6 (1) (g1) of the Act, the money component of a prize that is offered in conjunction with tickets for tours or journeys must not exceed 20 per cent of the total value of the prize.
36C Payment of prize money by cheque The organisers of a lottery must pay so much of the total prize money payable to a person as exceeds $1,000 by means of a crossed cheque payable to the person.
Maximum penalty: 20 penalty units.
[14] Clause 49 Maximum value of prizes
Insert at the end of clause 49:
(2)
For the purposes of section 4 (3) (c) of the Act, the prescribed amount of money that a prize in any one draw lottery may not exceed is $5,000.
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[15] Clause 50A
Insert after clause 50:
50A Payment of prize money by cheque The organisers of a draw lottery must pay so much of the total prize money payable to a person as exceeds $1,000 by means of a crossed cheque payable to the person.
Maximum penalty: 20 penalty units.
[16] Clause 57 Maximum value of prizes
Insert at the end of clause 57:
(2) For the purposes of section 4 (3) (c) of the Act, the prescribed amount of money that a prize in any one no-draw lottery may not exceed is $5,000.
[17] Clause 57A
Insert after clause 57:
57A Payment of prize money by cheque The organisers of a no-draw lottery must pay so much of the total prize money payable to a person as exceeds $1,000 by means of a crossed cheque payable to the person.
Maximum penalty: 20 penalty units.
[18] Clause 69 Value of prizes in mini-numbers lotteries
Insert after clause 69 (1):
(1A)
For the purposes of section 4 (3) (c) of the Act, the prescribed amount of money that a prize in any one mini-numbers lottery may not exceed is $5,000.
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[19] Clause 69A
Insert after clause 69:
69A Payment of prize money by cheque The organisers of a mini-numbers lottery must pay so much of the total prize money payable to a person as exceeds $1,000 by means of a crossed cheque payable to the person.
Maximum penalty: 20 penalty units.
[20] Clause 98 Maximum value of prizes
Insert at the end of clause 98:
(2) For the purposes of section 4A (3) (e) of the Act, the prescribed
amount of money that a prize may not exceed is $4,000.
[21] Clauses 98A and 98B
Omit clause 98A. Insert instead:
98A Money component of travel prizes For the purposes of section 4A (3) (e1) of the Act, the money component of a prize that is offered in conjunction with tickets for tours or journeys must not exceed 20 per cent of the total value of the prize.
98B Payment of prize money by cheque The organisers of a game of housie conducted under section 4A of the Act must pay so much of the total prize money payable to a person as exceeds $1,000 by means of a crossed cheque payable to the person.
Maximum penalty: 20 penalty units.
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[22] Part 7, Divisions 6 and 7
Insert after Division 5:
Division 6 Progressive lotteries 105E Definitions In this Division:
ticket includes a right to participate in a progressive lottery.
tipping competition means a progressive lottery consisting of
a competition (or other lottery or game of chance conductedalong substantially similar lines) in which:
(a)
the participants predict the outcome or results of a sporting or other contingency, and
(b) points are awarded for successful predictions, and (c)
the prize pool is distributed to the participant who accumulates the most points over a stipulated period, and
(d)
periodical prizes may be awarded (in accordance with the rules of the competition).
105F When permit required For the purposes of section 4F (2) (a) of the Act, the prescribed amount for a progressive lottery is $20,000.
105G Application for permit An application under section 4F (Conduct of progressive lotteries authorised) of the Act for a permit to conduct a progressive lottery is to be in a form approved by the Minister.
105H Maximum value of prizes For the purposes of section 4F (2) (d) of the Act, the prescribed amount of money that a prize in a progressive lottery may not exceed is $5,000.
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105I Money component of travel prizes For the purposes of section 4F (2) (e) of the Act, the money component of a prize that is offered in conjunction with tickets for tours or journeys must not exceed 20 per cent of the total value of the prize.
105J Payment of prize money by cheque The organisers of a progressive lottery must pay so much of the total prize money payable to a person as exceeds $1,000 by means of a crossed cheque payable to the person.
Maximum penalty: 20 penalty units.
105K Maximum cost of telephone call
(1)
For the purposes of section 4F (2) (h) of the Act, the cost of a telephone call to a number having the prefix 1900 may not exceed $0.50, plus the amount of any GST payable in respect of the call.
(2) In this clause: GST has the same meaning as in the A New Tax System
(Goods and Services Tax) Act 1999 of the Commonwealth.
105L Information to be made available to lottery participants (1) The organisers of a progressive lottery must use their best endeavours to ensure that the following information is made available to participants in the lottery:
(a)
the rules under which persons may participate in the lottery,
(b)
the price to be paid for the right to participate in the lottery,
(c)
if the lottery is conducted by, or on behalf of, an organisation not formed for private gain, the name of that organisation,
(d)
the closing date and time for receipt of entries in the lottery,
(e)
in the case of a tipping competition, the closing dates and times for receipt of predictions,
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(f)
the name, address and telephone number of the organiser of the lottery.
Maximum penalty: 20 penalty units.
(2) It is sufficient compliance with the requirements of subclause
(1) if the information is printed on the ticket.
105M Formulation and display of rules (1) The organisers of a progressive lottery must formulate rules under which a person may participate in the lottery. The rules must make provision for the following matters:
(a) the conditions of entry (including the minimum age of participants), (b) the charge to be made for participating in the lottery and the method, if any, for discounting the charge, (c) the manner in which any prizes are to be calculated, determined and awarded, (d) the manner in which participants are required to enter and participate in the lottery, (e) the closing date and time for receipt of entries in the lottery, (f) in the case of a tipping competition, the closing dates and times for receipt of predictions, (g) the place, time and date of the draw or draws or, in the case of a tipping competition, of the determination of the result or results, (h) the method for claiming prizes (including the course of action to be adopted in the case of unclaimed prizes), (i) the manner in which prize winners are to be notified,
(j)
in the case of a tipping competition, details of what is to happen if 2 or more persons accumulate the highest number of points,
(k)
the manner in which disputes concerning the conduct of a lottery or the claiming of a prize are to be resolved.
Maximum penalty: 20 penalty units.
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(2) The rules as to the closing time for receipt of entries in the lottery must provide for a closing time that is before the first draw, or determination of results, in the progressive lottery, unless official approval to provide otherwise is obtained.
(3) Nothing in subclause (2) prevents the rules of a tipping competition from providing for later times for the receipt of predictions.
(4) The rules must be displayed prominently at the place where the
lottery is being conducted.(5) The rules must be consistent with the provisions of the Act and
this Regulation.
105N Limits on rights to purchase tickets The organisers of a progressive lottery must not sell tickets in a progressive lottery after the closing time for receipt of entries in the lottery or, in the case of a tipping competition, after the closing time for entry in the competition.
Maximum penalty: 20 penalty units.
105O Tickets to be kept safe The organisers of a progressive lottery are to keep all returned tickets safe until the draw has taken place or, in the case of a tipping competition, results have been determined.
Maximum penalty: 20 penalty units.
105P Attendance at draw
(1) This clause applies to the conduct of a draw for a progressive
lottery, other than a tipping competition.(2) The draw must be conducted in a place at which the public
may attend.(3) Any person who wishes to attend the draw may do so. (4) The organisers must not impose, as a condition of an entitlement to a prize, a requirement that the holder of a prize- winning ticket be present at the draw.
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(5) The organisers of the lottery must use their best endeavours to
ensure compliance with this clause.
Maximum penalty: 20 penalty units.
105Q Conduct of draw (1) The organisers of a progressive lottery must use their best endeavours to ensure that any draw for prizes in the lottery takes place:
(a)
in accordance with the rules and the information provided to the purchasers of the tickets, or
(b)
if a change to the place, date or time of the draw is advertised or communicated to the participants, as advertised or communicated.
Maximum penalty: 20 penalty units.
(2)
The organisers of a progressive lottery must include all tickets sold in the progressive lottery in a draw for prizes, irrespective of how many times a participant has won.
Maximum penalty: 20 penalty units.
105R Notification of prize winners (1) The organisers of a progressive lottery must use their best endeavours:
(a)
to advise each prize winner (within 2 days after the result of each draw is determined) of the prize that the prize winner has won, and
(b)
in the case of a progressive lottery in which the total value of prizes exceeds $5,000, to ensure that particulars of the results of a draw are published (within 7 days after the draw) in a newspaper circulating in the region in which the progressive lottery was conducted, and
(c)
to arrange for the relevant prize to be given to each prize winner within 7 days after the determination of the prize winners, whether or not the prize winner has claimed the prize.
Maximum penalty: 20 penalty units.
(2) This clause does not apply if the organisers have obtained official approval to act otherwise than in accordance with it.
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Division 7 Gratuitous lotteries 105S Definition In this Division:
gratuitous lottery has the same meaning as it has in section 4G
(Conduct of gratuitous (free entry) lotteries authorised) of theAct.
105T Maximum value of prizes For the purposes of section 4G (2) (d) of the Act, the prescribed amount that the total value of prizes in a gratuitous lottery may not exceed is $5,000.
[23] Clause 106 Application
Insert at the end of clause 106:
(3) For the purposes of section 17B (1) of the Act, a person or organisation that conducts or has conducted a gratuitous (free entry) lottery under section 4G (Conduct of gratuitous (free entry) lotteries authorised) of the Act is exempt from the operation of section 17B.
[24] Part 8, Division 5
Insert after Division 4:
Division 5 Progressive lotteries 115 Application This Division applies to a person or organisation that conducts or has conducted a progressive lottery under section 4F (Conduct of progressive lotteries authorised) of the Act.
116 Exemption from record-keeping requirements
(1) For the purposes of section 17B (1) of the Act, a person or organisation that conducts a progressive lottery under section 4F (Conduct of progressive lotteries authorised) of the Act is exempt from the operation of section 17B of the Act if:
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(a)
the total amount of money received from the sale of tickets in the lottery is less than $5,000, and
(b)
the gross proceeds of the lottery, less costs and expenses properly incurred in connection with the conduct of the lottery, are wholly applied towards prizes in the game or are otherwise returned to participants in the lottery.
(2) However, this clause does not operate to exempt a person or organisation if the Minister notifies the person or organisation in writing that records are required to be kept under section 17B of the Act. (3) In this clause, a reference to a ticket includes a reference to a
participatory right.117 Records for progressive lotteries
(1) For the purposes of section 17B (2) (b) of the Act, the following particulars must be included in the records of income and expenditure required to be kept by a person or organisation that conducts a progressive lottery under section 4F of the Act:
(a)
the total amount of money received from the sale of tickets in the lottery,
(b) details of the prizes in the lottery. (2)
In the case of a progressive lottery in which the total value of the prizes is more than $5,000, the following particulars must also be included in the records of income and expenditure:
(a)
any costs and expenses (itemised as to payee, amount and date of payment, and documented by receipts and invoices),
(b)
the number of tickets in the progressive lottery available for sale and, if applicable, details of the serial number, unique number or symbol of those tickets,
(c)
the number of tickets in the progressive lottery not sold and, if applicable, details of the serial number, unique number or symbol of those tickets,
(d)
the names and addresses of all persons who have bought tickets and, if applicable, details of the serial number, unique number or symbol of those tickets,
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(e) the names and addresses of all prize winners, together with details of their prizes, (f) if the progressive lottery is conducted on behalf of an organisation not formed or conducted for private gain—the total amount of the proceeds of the lottery paid to that organisation, and the details of any receipts from that organisation in respect of that amount.
(3) For the purposes of section 17B (2) (c) of the Act, the prescribed period for the keeping of records is at least 3 months after the conduct of the progressive lottery, if the gross proceeds of the lottery, less costs and expenses properly incurred in connection with the conduct of the lottery, are wholly applied towards prizes in the game or are otherwise returned to participants in the lottery.
(4) In this clause, a reference to a ticket includes a reference to a
participatory right.
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