In 2019, a review of the existing Lottery and Gaming Act 1936 (the LGA) was undertaken to simplify and modernise the regulation of lotteries in South Australia.
As a result of the review, the lottery provisions from the LGA were incorporated into the new Lotteries Act 2019 (Lotteries Act) which passed Parliament in December 2019.
To support the commencement of the Lotteries Act, new regulations have been developed following public consultation. The Lotteries Regulations 2021 (the Regulations) set out the rules and requirements for the various lottery types.
Both the Lotteries Act and the new Regulations will commence on 10 December 2021.
What are the changes?
Many community organisations use lotteries as a way to raise funds and for businesses to promote their goods and services. The changes aim to ensure these activities are supported and remain viable, by finding the right balance between meeting community expectations around the conduct of lotteries, without placing unnecessary regulatory burden on those who conduct them.
Key changes made to the regulatory framework and incorporated into the new Lotteries Act include:
- changing the terminology of lotteries that can be conducted without a licence from ‘exempted lotteries’ to ‘permitted lotteries’
- changing the terminology of lotteries that can only be conducted with a licence from ‘authorised lotteries’ to ‘licensed lotteries’
- allowing the Liquor and Gambling Commissioner to exempt a lottery or class of lotteries from specified provisions of the Lotteries Act
- providing for the nomination of a person who will be responsible for complying with the requirements under the Act for applications made by unincorporated associations
- introducing expiation fees for breaches of the Lotteries Act
Further changes include regulatory amendments relating to:
- distribution of proceeds – increasing the percentage of proceeds applied to the fundraising purpose to maintain the integrity of certain lottery types
- publication of winners – protecting the privacy of major trade promotion and instant prize trade promotion lottery prize winners by only requiring an initial, surname and postcode to be published
- advertising of lotteries and trade promotions – simplified requirements that clearly outline the licence number, nature and value of prizes and availability of terms and conditions
- increasing transparency by requiring terms and conditions to be readily available and mandating disclosure of third-party involvement in some circumstances
- reducing auditing and reporting requirements in most cases, but introducing audit requirements for major bingo sessions exceeding $100,000 within a reporting period
- introducing card jackpot lotteries under strict operating requirements
- licensing thresholds for bingo – allowing minor bingo sessions between $500-$9000 to operate without a licence and increasing the maximum number of allowable bingo sessions per week from three to five for both minor and major bingo sessions
- products provided by licensed lottery and bingo suppliers – the addition of new prescribed products, including bingo sheets and instant lottery ticket vending machines
- prohibiting certain persons involved in a lottery from entering.
What will this mean for current licensees and operators?
All lotteries that commence or have licences granted prior to 10 December 2021 will continue to operate under the current rules. Organisations and businesses will not need to change the way they are running the lottery or trade promotion.
What will this mean for new licensees and operators?
Lotteries that commence or have licences granted on or after 10 December 2021 will need to comply with the new rules. All the information about the application process and the running of each licenced lottery type will be updated and published on sa.gov.au from 10 December 2021 to coincide with the commencement of the new framework.
Transitioning to the new rules
Some lottery licensees may want to transition to the new rules soon after the 10 December commencement and prior to the renewal of their licence, for example, to allow for an increase in the number of bingo sessions that can conducted. Licensees wishing to transition their licence prior to expiry should contact Consumer and Business Services on 131 882 (option 6) to have their licence updated.
For more information about the changes please contact CBS lotteries licensing by email at lotterylicensing [at] sa.gov.au or call 131 882 (option 6).