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Interstate jurisdictions

Visit the websites below to find information on fundraising lottery legislation in other States and Territories

The Lottery and Gaming Regulations 2008 allow the following class of lotteries

Minor Lottery

A licence is not required under the Lottery and Gaming Regulations 2008 (‘the Regulations’) for the conduct of a minor lottery where the total retail value of all prizes in the lottery is $5,000 or less however the lottery must comply with the minor lottery rules.
The conditions under which a minor lottery is to be conducted are set out in the Conditions Leaflet.
It is an offence against the Lottery and Gaming Act 1936 for a person involved (as principal, agent or employee) in the conduct of any lottery to act in a dishonest, deceptive or misleading manner in connection with the lottery.

Major Lottery

A major lottery is a fundraising lottery conducted by an association where the total retail value of all prizes exceeds $5,000.

The conditions under which a major lottery licence is granted are set out in the Conditions leaflet.

A fundraiser lottery, where the total retail value of all prizes in the lottery is $5,000 or less, is a minor lottery and does not require a licence however the lottery must be conducted in compliance with the rules set out in the minor lottery conditions

Minor Bingo Sessions

A fundraising bingo sessions where the total gross proceeds of each session is $500 or less are a minor bingo and do not require a licence, however the bingo sessions must be conducted in accordance with the minor bingo rules set out in the minor bingo session conditions

Associations conducting minor bingo sessions must keep records of each game on the Minor Bingo Session Record of Bingo Games. This record is to be kept for three months after the bingo session and must be available for inspection by the Minister if requested.

Major Bingo Licence

A major bingo licence is required for the conduct of fundraising bingo session where the total gross proceeds of a session exceeds $500.

The conditions under which a major bingo licence is granted are set out in the Conditions leaflet.

Duration

A major bingo lottery licence is issued for a period of 12 months commencing on the day on which the licence is granted

Instant Lotteries

An instant lottery is a fundraising lottery conducted by associations through the sale of instant scratch of ‘break-open’ tickets (ie beer or bingo tickets). Instant scratch tickets should not be mistaken for the instant money tickets available from the SA Lotteries Commission and agencies.

Instant lottery tickets are lottery tickets which are sealed or enclosed in some way that conceals the number, letter or symbol of the winning tickets, and are realizable immediately after the purchase by the participants in the lottery.

Instant lottery tickets can only be purchased from a supplier licensed by this Section to supply instant lottery tickets.

Instant lottery tickets cannot be purchased or sold unless the association holds a current instant lottery licence.

The conditions under which an instant lottery licence is granted are set out in the Conditions leaflet.

Duration

An instant lottery licence is issued for a period of 12 months commencing on the day on which the licence is granted.

 Sweepstakes

A sweepstakes is a scheme where money is paid into a pool and all or part of this money is distributed as prizes to persons who have drawn the winner’s chances from the results of specified racing events conducted within or outside South Australia. The gross proceeds of a sweepstakes cannot exceed $2,000

A sweepstake is exempt from the licensing provisions of the Lottery and Gaming Regulations 2008.

Calcutta sweepstakes

This is sweepstake conducted by an association where the winning chances arising from the results of certain sporting events are auctioned and the gross proceeds do not exceed $15,000.

It does not require a lottery licence, however it must be conducted in accordance with the provisions of the Lottery and Gaming Regulations 2008.

Non-Fundraising Lotteries

These lotteries do not require a lottery licence however they must be conducted in accordance with the provisions of the Lottery and Gaming Regulations 2008.

  • Participation Lotteries – a lottery to encourage the participation of members at functions at no cost (other than the cost to be a member) conducted by an association and prizes do not exceed $5,000.
  • Calcutta sweepstakes – a sweepstakes conducted by an association where the winning chances arising from the results of certain sporting events are auctioned and the gross proceeds do not exceed $15,000,
  • Lotteries where all proceeds are given in prizes – a lottery where the gross proceeds to not exceed $2,000 and the whole of the proceeds of the lottery after deduction of the administrative expenses, constitute the prizes.
  • Minor trade promotion lotteries – a trade promotion lottery conducted by an organisation to promote the sale of their goods or services, other than a major trade promotion lottery or a trade promotion (instant prize) lottery.

Minor Trade Promotion

Minor Trade Promotion Lotteries do not require a licence , however they must comply with the minor trade promotion lottery rules set out in the minor trade promotion lottery conditions.

No trade promotion lottery (including a minor trade promotion lottery) can be drawn electronically unless the system has been approved by the Minister. Application must be made on the Application for Approval of an Electronic Drawing System

Trade Promotion Lotteries

A trade promotion means a lottery conducted with a view to promoting the sale of goods or services.

Entry into a trade promotion lottery must be free except that:

  •  the participant may be required to purchase any goods or services which are the subject of the promotion; and
  •  the cost of entry by fixed (landline) telephone must not exceed 55 cents including GST; and
  •  the cost of entry by mobile telephone cannot exceeds the cost of the telephone call and the amount received by the holder the trader promotion lottery licence must not exceed 50 cents; and
  • the cost of entry by post must not exceed the normal cost of postage.

The winners must be determined by lot or drawing, using any method whatsoever, or by chance (ie instant win).

A competition in which the winners are determined by skill (e.g. any tipping competitions including footy tipping competitions) is not considered a lottery under the Lottery and Gaming Act 1936 (‘the Act’), and therefore does not require a trade promotion lottery licence.

There are two classes of trade promotion lotteries which require a licence under the Lottery and Gaming Regulations 2008 (‘the Regulations’):

Major Trade Promotion

A major trade promotion lottery has either of the following characteristics:

  •  the total value (nationally) of all prizes in the lottery exceeds $5,000; or
  •  the prizes include both instant prizes and drawn prizes (regardless of the value of the prizes).

Instant prizes are a prize to be won on a ticket:

  •  that has on it a number, letter or symbol giving rise to a winning chance; and
  •  that is realizable (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.

Trade Promotion (Instant Prize)

All trade promotion (instant prize) lotteries require a licence regardless of the total prize value.

If a trade promotion lottery only contains instant prizes but includes an unclaimed prize draw in the terms and conditions, it is still considered a trade promotion (instant prize) lottery.

If a trade promotion lottery only contains instant prizes but in the terms and conditions includes a second chance or major draw, it is considered a major trade promotion lottery.

The conditions under which a major trade promotion and trade promotion (instant prize) lottery licence is granted are set out in the Conditions Leaflet.

No trade promotion lottery (including a minor trade promotion lottery) can be drawn electronically unless the system has been approved by the Minister. Application must be made on the Application for Approval of an Electronic Drawing System

Instant Ticket Suppliers

An instant lottery ticket supplier’s licence is required by organisations which intend to supply instant lottery tickets and bingo sheets to lottery licence holders in South Australia.

Instant lottery tickets can only be supplied to:

  • another holder of a supplier’s licence; or
  • the holder of a current instant lottery licence; or
  • a person authorised in writing to purchase those tickets on behalf of the holder of a current instant lottery licence.

The conditions under which an instant lottery ticket supplier’s licence is granted are set out in the Conditions leaflet.

Duration

An instant lottery ticket suppliers licence is issued for a period expiring the following 30 June.

Exempted Lotteries

The following lotteries are exempt from the licensing provisions of the Lottery and Gaming Regulations 2008:

Fundraising Lotteries

  • Minor Lotteries – a minor lottery is a lottery where the total retail value of all prizes in the lottery does not exceed $5,000
  • Minor Bingo Sessions – a minor bingo session is where the total gross proceeds in each session does not exceed $500
  • Raffles of a private nature conducted among persons engaged in common employment where the total value of the prize does not exceed $25.

These lotteries do not require a lottery licence however they must be conducted in accordance with the provisions of the Lottery and Gaming Regulations 2008.