Lotteries and Art Unions Act 1901 Lotteries and Art Unions (Lotteries and Games of Chance) Regulation 1992 (1992-483) [GG No 105 of 28.8.1992] (NSW)
1992—No. 483
LOTTERIES AND ART UNIONS ACT 1901—REGULATION
(Lotteries and Art Unions (Lotteries and Games of Chance) Regulation 1992)
NEW SOUTH WALES
[Published in Gazette No. 105 of 28 August 1992]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Lotteries and Art Unions Act 1901, has been pleased to make the Regulation set forth hereunder.
ANNE COHEN
Chief Secretary.
PART 1—PRELIMINARY
Citation
1. This Regulation may be cited as the Lotteries and Art Unions (Lotteries and Games of Chance) Regulation 1992.
Commencement
2. This Regulation commences on 1 September 1992.
Definitions
3. In this Regulation:
“lottery” means a lottery in which:
(a) numbered tickets are sold to entrants in the lottery; and
(b)
a draw is held in which one or more numbers (corresponding to the numbers on the tickets) are selected at random; and
(c)
prizes are distributed to the persons holding the tickets corresponding to the numbers selected;
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“official approval”, for the purposes of any provision of this Regulation in which the expression occurs, means approval in writing given by the Minister or by an officer of the public service authorised by the Minister to give the approval;
“organiser”, in relation to a lottery or game of chance, means any person concerned in the management of the lottery or game of chance;
“the Act” means the Lotteries and Act Unions Act 1901.
PART 2—CONDUCT OF LOTTERIES BY CHARITIES ETC.
Division 1—Preliminary
Application
4. This Part applies to lotteries conducted under section 4 of the Act.
Division 2—Lottery tickets
Entry to lottery
5. (1) Entry in a lottery is to be by means of a lottery ticket.
(2) A lottery ticket must not be given to any person otherwise than:
(a) for money to the amount of the advertised value of that ticket; or
(b) for other consideration equivalent to that value,
except as provided by subclause (3).
(3) Lottery tickets may be sold at a discount, but only if the fact that they may be so sold is disclosed in all information and publicity relating to the lottery concerned.
Distribution of lottery tickets
6. Lottery tickets are not to be sent to any person (whether for
purchase by that person or for sale by that person as agent for the
organisers of the lottery) except with the prior consent of the person.
Form of lottery tickets
7. (1) Each series of lottery tickets prepared for use in a lottery must be distinguished (by colour, serial number or otherwise) from each other series of lottery tickets and the lottery tickets within each series must be numbered consecutively.
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(2) Each lottery ticket, other than a computer-generated lottery ticket, must consist of a purchaser’s portion and a ticket-butt, each of which complies with the requirements of clause 8.
(3) Each computer-generated lottery ticket must include a purchaser’s portion (complying with the requirements of clause 8) and may include a ticket-butt.
(4) If a computer-generated lottery ticket (whether partly pre-printed or not) does not contain a ticket-butt, the computer records for the ticket must contain the information required by this Division to be shown on a ticket-butt.
Information to be available to purchasers
8. (1) The purchaser’s portion of a lottery ticket must include the serial number of the ticket and, if the total value of the prizes in the lottery exceeds $5,000, must also include:
(a) the price of the ticket; and
(b) the name of the organisation by or on whose behalf the lottery is conducted. (2) A ticket-butt must show the serial number of the ticket and, if the total value of the prizes in the lottery exceeds $5,000, must contain provision for the name and address of the purchaser.
(3) The organisers of a lottery must use their best endeavours to ensure that the following additional information is available to potential purchasers of lottery tickets:
(a) details of the prizes and their value;
(b) the place, time and date of the draw;
(c) details of how the prizewinners will be notified;(d) if the total value of the prizes in the lottery is $5,000 or less:
• the price of a ticket; and
• the name of the organisation by or on whose behalf the
lottery is conducted;
(e) details of the way in which the results of the draw will be
publici se d. (4) It is sufficient compliance with the requirements of subclause (3) if the information is printed on the lottery ticket.
Particulars to be recorded
9. A person who sells a lottery ticket in a lottery in which the total value of the prizes exceeds $5,000 must, at the time of the sale:
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| (a) | cause the name and address of the purchaser or purchaser's nominee to be written legibly on the ticket-butt; or |
| (b) | in the case of a computer-generated ticket—cause the name and address of the purchaser or purchaser's nominee to be entered into the computer records in relation to the ticket. |
Return of butts
10. Any person who has agreed to sell lottery tickets must, before the draw, return to the organisers of the lottery:
(a)
all ticket-butts (or appropriate computer-generated documents) relating to lottery tickets sold by the person; and
(b) all money received from the sale of lottery tickets; and
(c) all unsold lottery tickets held by the person.
Maximum penalty: $1,000.
Division 3—Draw for prizes
All lottery tickets sold to be included in draw
11. (1) The ticket-butts (or relevant computer-generated documents) for all lottery tickets sold are to be included in the draw for the prizes, and each holder of a lottery ticket is to have an equal chance of winning a prize in respect of each ticket that he or she holds.
(2) If the ticket-butt (or relevant computer-generated document) of a lottery ticket is not included in the draw, any money received from the sale of the ticket is to be refunded to the holder of the ticket within 7 days after the draw is held.
Conduct of draw for prizes
12. (1) A mechanical or electronic device must not be used for the purposes of the draw to select numbers to determine the prizewinners in a lottery unless the device has official approval.
(2) Any person who wishes to attend the draw may do so.
Notification of prizewinners
13. (1) The organisers of a lottery must use their best endeavours:
(a)
to advise each prizewinner (within 2 days after the draw) of the prize that the prizewinner has won; and
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(b) in the case of a lottery in which the total value of the prizes exceeds $5,000 ensure that particulars of the result of the draw are published (within 7 days after the draw) in a newspaper circulating in the region in which the lottery was conducted. (2) Subclause (1) does not apply if the organisers have obtained official approval to act otherwise than in accordance with it.
Division 4—Miscellaneous
Money to be banked
14. (1) All money received by the organisers of a lottery in relation to
the lottery is to be paid into an account at a bank or building society.(2) The money must be paid into the account as soon as practicable, but in any case not later than 2 business days after receipt.
Records to be kept
15. (1) The organisers of a lottery must keep all receipts, invoices and other records concerning costs and other outgoings, and donations and other payments received, in relation to the lottery.
(2) The organisers of a lottery in which the total value of the prizes is $5,000 or less must also keep a record of the following:
(a)
the total amount of money received from the sale of lottery tickets;
(b) the total value of the prizes in the lottery.
(3) The organisers of a lottery in which the total value of the prizes
exceeds $5,000 must also keep a record of the following:
(a)
the total amount of money received from the sale of lottery tickets;
(b) the total value of the prizes in the lottery;
(c)
the number of lottery tickets printed, obtained or generated for the lottery, together with their serial numbers;
(d)
the number of lottery tickets sold or distributed for sale, together with their serial numbers;
(e)
the name and address of each person to whom lottery tickets have been distributed for sale, together with the number of tickets distributed and the serial numbers of those tickets;
(f)
the names and addresses of all persons who have bought lottery tickets (as shown on the relevant ticket-butts or computer records);
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(g)
the names and addresses of all prizewinners, together with details of their prizes;
(h) the number of lottery tickets unsold and their serial numbers.
Maximum value of prizes
16. For the purposes of section 4 (3) (a) of the Act, the prescribed amount is $20,000.
Prizes to be received by prizewinners
17. Each prizewinner in a lottery is to receive only the prize that the prizewinner has won.
Application for reduction in percentage of takings to be paid to organisation
18. An application under section 4 (4) of the Act is to be made to the Minister in writing and is to specify the circumstances of an unusual nature which arose in connection with the conduct of the lottery.
PART 3—OTHER LOTTERIES AND GAMES OF CHANCE
Division 1—Games of chance conducted by charities
Application for permit
19. An application under section 4A of the Act for a permit to conduct a game of chance is to be in a form approved by the Minister.
Maximum value of prizes
20. For the purposes of section 4A (3) (b) of the Act, the prescribed amount is $500.
Application for reduction in percentage of takings to be paid to organisation
21. An application under section 4A (6) of the Act is to be made to the
Minister in writing and is to specify the circumstances of an unusual
nature which arose in connection with the conduct of the game of chance.
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Division 2—Lotteries and games of chance conducted for
promotion of trade
Application for permit
22. An application under section 4B of the Act for a permit to conduct
a lottery or a game of chance is to be in a form approved by the Minister.
Application fee
23. For the purposes of section 4B (4) of the Act, the prescribed fee to accompany an application for a permit is:
(a) $50 if the total prize value of the proposed lottery or game of chance does not exceed $10,000; or (b) $250 if the total prize value of the proposed lottery or game of chance exceeds $10,000 but does not exceed $50,000; or (c) $500 if the total prize value of the proposed lottery or game of chance exceeds $50,000 but does not exceed $100,000; or (d) $1,000 if the total prize value of the proposed lottery or game of chance exceeds $100,000.
Division 3—Games of chance conducted by registered clubs Application for permit
24. An application under section 4C of the Act for a permit to conduct a game of chance is to be in a form approved by the Minister.
Maximum value of prizes
25. For the purposes of section 4C (3) (b) of the Act, the prescribed amount is $15.
Division 4—Sweeps and calcuttas
Application for permit
26. An application under section 4D of the Act for a permit to conduct
a sweep or Calcutta is to be made in a form approved by the Minister.
Prescribed events for sweeps and calcuttas
27. For the purposes of paragraph (b) of the definition of “prescribed
event” in section 4D (1) of the Act, each event specified in Schedule 1
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(being an event conducted by the organisation, if any, specified opposite the event) is prescribed as an event in relation to which both sweeps and calcuttas may be conducted.
PART 4—FURTHER PROVISIONS CONCERNING CERTAIN
LOTTERIES AND GAMES OF CHANCE
Application
28. This Part applies to:
(a) lotteries conducted under section 4 of the Act; and
(b) games of chance conducted under section 4A or 4C of the Act.
Retention and inspection of records
29. (1) The organisers of a lottery:
(a) must retain the following material for the prescribed period:
• all records that this Regulation requires to be kept;
• all unsold lottery tickets;• all accounts and other documents, and all computer
records, relating to the conduct of the lottery; and
(b)
must make that material available for inspection, examination and copying by any person authorised by the Minister, the Auditor-General or the Commissioner of Police to inspect, examine or copy it; and
(c)
must cause that material to be produced to any person so authorised at such times and places as that person directs.
Maximum penalty: $1,000.
(2) The organisers of a game of chance:
(a)
must retain for the prescribed period all financial and accounting records relating to the conduct of the game of chance; and
(b)
must make those records available for inspection, examination and copying by any person authorised by the Minister, the Auditor-General or the Commissioner of Police to inspect, examine or copy them; and
(c)
must cause those records to be produced to any person so authorised at such times and places as that person directs.
Maximum penalty: $1,000.
(3) A person to whom any such material is produced may retain all or
my of it for the purposes of an investigation as to whether there has been
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a contravention of the Act or this Regulation and for the purposes of any
proceedings arising from such an investigation.
(4) For the purposes of this clause, “the prescribed period” is:
(a)
the period of 3 months after the date of the draw, in the case of ticket- butts or corresponding computer-generated documents relating to a lottery; and
(b)
the period of 7 years after the date of the draw, in the case of all other material relating to a lottery; and
(c)
the period of 7 years after the date on which the game was completed, in the case of a game of chance,
or such shorter period as is given official approval either generally or in a
particular case.
Commission etc.
30. (1) A person is not to receive any remuneration from the funds received by an organisation conducting a lottery or game of chance, other than commission or remuneration for services rendered in connection with the lottery or game of chance under a written agreement between the person and the organisation concerned.
(2) Such an agreement must specify:
(a) the service to be rendered; and
(b) the remuneration to be provided for that service; and
(c) the period for which the agreement is to be in force.
(3) No remuneration or commission is to be paid in respect of a lottery in which the total value of the prizes does not exceed $5,000.
Purchase of goods for disposal by lottery etc.
31. (1) Any person purchasing any goods, wares or merchandise by or on behalf of an organisation for sale or disposal by means of a lottery or game of chance must purchase them directly from a person whose business comprises the production or sale of goods, wares or merchandise of that kind, unless the person is given official approval to do otherwise.
(2) Any discount, rebate, commission or other allowance provided in relation to the purchase of goods, wares or merchandise for sale or disposal by means of a lottery or game of chance is taken to be a donation received on behalf of the organisation for whose benefit the lottery or game of chance is conducted.
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Deduction of expenses of conduct of lottery etc.
32. The following amounts may be deducted from money received in connection with a lottery or game of chance:
(a)
the cost of purchasing the goods, wares or merchandise constituting prizes in the lottery or game of chance;
(b)
the cost of printing, purchasing or generating the tickets for the lottery or game of chance;
(c)
the reasonable cost of advertising and promoting the lottery or game of chance;
(d)
the reasonable cost of hiring or operating any device, or renting any premises, for use in the conduct of the lottery or game of chance;
(e)
the amount of any prize money to be paid to winners in the lottery or game of chance;
(f)
the amount of any reasonable salaries, wages and commission paid to persons assisting in the conduct of the lottery or game of chance;
(g)
the cost of auditing the accounts relating to the lottery or game of chance;
(h)
any other amount that, pursuant to a permit under the Act, an organisation is permitted to deduct from money received in connection with the lottery or game of chance to which the permit relates.
Unauthorised promotions
33. (1) A person concerned in the conduct of a lottery or game of chance must not suggest that any of the prizes may be exchanged for money.
(2) A person must not, in any information or publicity, refer to a lottery or game of chance as being a lottery or game of chance that is approved or authorised by the Government or by any Government agency.
(3) This clause does not operate so as to prevent the publication of the permit number relating to the lottery.
Prizes to be preserved
34. The organisers of a lottery or game of chance must carefully preserve all prizes in the lottery or game of chance until the prizewinners have taken possession of them or until they have been sold pursuant to section 15 of the Act.
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PART 5—MISCELLANEOUS
Duties of organisers of lotteries and games of chance
35. Any duty imposed by this Regulation on the organisers of a lottery or game of chance:
(a) is imposed jointly and severally on each of them; and
(b) may be performed by any one of them.
Repeal
36. The Lotteries and Games of Chance Regulations 1966 are repealed.
SCHEDULE 1—SWEEPS AND CALCUTTAS
(Cl. 27)
Part 1—Principal Annual Cup (horse-racing) events
Each principal annual cup race conducted by a racing club registered in New South Wales under the Rules of Racing of the Australian Jockey Club (for example, the Sydney Cup, the Newcastle Cup and the Fosters Queanbeyan City Cup).
Part 2—Other horse-racing events
Albury Base Hospital Cup Albury Racing Club Ballina Bracelet Ballina Jockey Club Black Opal Stakes ACT Racing Club Incorporated Bracelet Talmoi Amateur Picnic Race Club Brambles 2 Year Old Classic Illawarra Turf Club Limited Caulfield Cup Victorian Amateur Turf Club Central West Stakes Orange Jockey Club Coca-Cola Bottlers Classic (Group Newcastle Jockey Club Limited 3) Cox Plate
Moonee Valley Racing Club
Doncaster Handicap Australian Jockey Club Dorrigo Cup Clarence River Jockey Club Limited Epsom Handicap Australian Jockey Club Golden Slipper Stakes Sydney Turf Club Grafton Cup Clarence River Jockey Club Limited Harrington Cup Taree Race Club Interdominion Champion ship Australian Harness Racing Council Invitation Stakes Cowra Jockey Club Lady's Bracelet (in combination with Wagga Wagga Amateur Picnic Race the other horse-races run as part Club Incorporated of the first day of the Wagga
Wagga Picnic Race Meeting)
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Maclean Cup Clarence River Jockey Club Limited Miracle Mile N.S.W. Harness Racing Club Limited
Morundah Bush Picnic Race Morundah Bush Picnic Race committee Inc.
President’s Cup (in combination with Wagga Wagga Amateur Picnic Race the other horse-races run as part Club Incorporated of the second day of the Wagga
Wagga Picnic Race Meeting)Prime Television Stakes Tamworth Jockey Club Ramornie Cup Clarence River Jockey Club Limited Sires Stakes Moree Race Club South Grafton Cup Clarence River Jockey Club Limited Wellington Boot Wellington Race Club Incorporated
Part 3—Motor events
Australian Grand Prix Bathurst 1000 Overall Group A Touring Car
Championship
Part 4—Golfing events
Australian Masters
Australian Match Play Championship
Australian Open
Australian P.G.A. Championship
British Open
Johnnie Walker Classic
NSW Open
Palm Meadows’ Cup
U.S. Masters
U.S. Open
U.S. P.G.A. ChampionshipYarrawonga & Border Pro-Am
Part 5—Greyhound racing events
Tooheys Maiden Dapto Agricultural and Horticultural Greyhound Racing Club
Part 6—Foot racing events
The Botany Bay Gift
The Christmas Gift (at Pagewood)
The Coffs Harbour Festival Gift
The Coonabarabran GiftThe Diet Coke Mile—Elite Men’s
Race
The Diet Coke Mile—Elite Women’s
Race
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The Diet Coke Mile—Sporting
Celebrities ’ Race The Dubbo Gift
The Gilgandra “Cooee” Festival
Gift
The Harden Gift
The Macksville Gift
The Newcastle Harbour Gift
The North Sydney Gift
The Port Macquarie Gift
The Stroud Gift
The Temora Golden Gift
The Uralla Sports Club GiftThe Young Cherry City Gift
Part 7—Snooker events
Fred Osborne Memorial Invitation Commercial Club (Albury) Limited Snooker Classic
Australian Open Snooker Billiards and Snooker Association of Championship NSW Incorporated Australian Women’s Snooker Billiards and Snooker Association of Championship NSW Incorporated Part 8—Other events
Australian Yard Dog Championships Australian Yard Dog Association Incorporated
NOTE
TABLE OF PROVISIONS
PART 1—PRELIMINARY
1. Citation
2. Commencement3. Definitions
PART 2—CONDUCT OF LOTTERIES BY CHARITIES ETC
Division 1—Preliminary
4. Application
Division 2—Lottery tickets
5. Entry to lottery
6. Distribution of lottery tickets
7. Form of lottery tickets
8. Information to be available to purchasers
9. Particulars to be recorded
10. Return of butts
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Division 3—Draw for prizes
11. All lottery tickets sold to be included in draw
12. Conduct of draw for prizes
13. Notification of prizewinners
Division 4—Miscellaneous
14. Money to be banked
15. Records to be kept
16. Maximum value of prizes
17. Prizes to be received by prizewinners
18. Application for reduction in percentage of takings to be paid to organisation
PART 3—OTHER LOTTERIES AND GAMES OF CHANCE
Division 1—Games of chance conducted by charities
19. Application for permit
20. Maximum value of prizes
21. Application for reduction in percentage of takings to be paid to organisation
Division 2—Lotteries and games of chance conducted for promotion of trade
22. Application for permit
23. Application fee
Division 3—Games of chance conducted by registered clubs
24. Application for permit
25. Maximum value of prizes
Division 4—Sweeps and calcuttas
26. Application for permit
27. Prescribed events for sweeps and calcuttas
PART 4—FURTHER PROVISIONS CONCERNING CERTAIN LOTTERIES AND
GAMES OF CHANCE
28. Application
29. Retention and inspection of records
30. Commission etc.
31. Purchase of goods for disposal by lottery etc.
32. Deduction of expenses of conduct of lottery etc.
33. Unauthorised promotions
34. Prizes to be preserved
PART 5—MISCELLANEOUS
35. Duties of organisers of lotteries and games of chance
36. Repeal
SCHEDULE 1—SWEEPS AND CALCUTTAS
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EXPLANATORY NOTE
The purpose of this Regulation is to repeal the Lotteries and Games of Chance Regulations 1966 and to remake certain of its provisions in a plain-language form. The new Regulation makes provision for:
(a) the conduct of lotteries by charities (Part 2); and
(b) the conduct of other lotteries and games of chance (Part 3), that is:
• the conduct of games of chance by charities; and
• the conduct of lotteries and games of chance for promotion of
trade; and
• the conduct of games of chance by registered clubs; and
• the conduct of sweeps and calcuttas; and
(c)
further provisions concerning certain lotteries and games of chance (Part 4); and
(d) other ancillary matters (Parts 1 and 5).
This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
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