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Summary of changes

All references below to the Act refer to the Lotteries Act 2019 and references to the Regulations refer to the Lotteries Regulations 2021.

Definitions

Approved purpose

  • New ability for the Commissioner to approve a purpose.

Organisation

  • The definition has been divided into categories - incorporated organisations (other than registered corporations that return profits to members) and unincorporated associations. Incorporated organisations do not have to meet member requirements if these requirements have been met under associations legislation. Unincorporated organisations can continue to conduct lotteries if they meet the requirements set out in the definition (i.e. members, management committee and a constitution).

Face Value

  • Face value is defined to coincide with the explicit allowing of ticket bundling. The face value is calculated at the full price of all tickets.

Equal Chance

  • An exception has been provided to the restriction on attendance requirements for minor lotteries, where the tickets are sold on the same day and location as the draw, provided the details/rules are provided to participants at the time of purchase.

Fundraiser lotteries - permitted lotteries

Minor lotteries

Proceeds applied to approved purpose

  • Total amount of proceeds applied to an approved purpose has increased from a minimum of 15% to 20%.

Bundle/bonus

  • If a bundle is offered, the details must appear on the face of tickets or information provided at the time of purchase, and in the terms and conditions. Bundles/bonuses must be available for the duration of the lottery.

Printed tickets

  • Amendment that the details of the lottery/organisation can otherwise be made available to the purchaser to enable the use of pre-purchased books, if the same relevant information is provided by other means.

Notifying winners

  • Written notification needs to be provided within 7 days, and is now consistent with all other lotteries.

Records

  • Amendments to the details that must be recorded, including details of the draw and tickets sold. The three-month duration is unchanged.
Minor bingo

Threshold

  • A bingo session is now considered ‘minor’ and does not require a licence if the gross proceeds of the session do not exceed $1,000.

Proceeds applied to approved purpose

  • Total amount of proceeds applied to approved purpose has Increased from a minimum of 10% to 15%.

Sessions / week

  • Maximum number of sessions per week has increased from 3 to 5.

Records

  • Simplification of details to be recorded, which must be retained for no less than 3 months.
Card jackpot

Definition of card jackpot lottery

  • Defined as a game comprising draws where the person whose ticket is drawn wins the right to select a card from a display board to determine if they are the winner of a prize, which ends when a person whose ticket is drawn selects the major prize-winning card (or a specified winning card) from the display board.

Draw gross proceeds

  • The gross proceeds of each draw cannot exceed $500.

Prohibition on entry

  • Persons under the age of 18 and owners, occupiers or employees of the venue at which the lottery is conducted are prohibited from entering.

Tickets and draws

  • Strict rules set out for integrity and security, including the requirement for a standard deck of playing cards to be used – this is not to include digital cards.

Prizes

  • If a winning card is not selected in a draw, the prizes may accumulate to the next draw but must not exceed $5000 in total.

Non-fundraiser lotteries – permitted lotteries

Minor trade promotion

Trade Promotion Consisting of Bingo

  • Minor trade promotions consisting of bingo sessions that are conducted on premises to which a gaming machine licence under the Gaming Machines Act 1992 relates are no longer excluded from the definition of permitted (previously exempted) lotteries.

Advertising

  • Advertising requirements reduced to one set of requirements rather than differentiating between tv, radio and cinema, and other media.

Terms and Conditions

  • The details of the lottery draw must be disclosed in the terms and conditions and are therefore not required to be featured in advertising.

Electronic draw

  • Electronic drawing system no longer will need to be approved, but must be a random number generator and any information related to the system must be provided to the Commissioner on request.

Display / publish

  • The two requirements have been merged and simplified to require winners or winning ticket numbers must be displayed or published in a place that is appropriate to where the lottery was promoted or conducted.

Notification

  • Where a prize is not delivered to a winner at the time of the draw, they must be notified within 7 days after the day on which the lottery is drawn.

Licensed lotteries

Licensed lotteries changes

Grant of licence

  • The grant of licences is now provided for under s15(2) of the Act, rather than the Regulations.

Duration of licence

  • The duration of licences applies to all licence categories and is for a period determined by the Commissioner.

Person responsible for compliance

  • This is a requirement for unincorporated associations – each association is required to nominate who will be responsible for ensuring the lottery complies with the rules.

Conditions

  • Condition that the licensee must comply with the rules specified for the licence class.

Designated Conditions

  • Designated conditions are conditions that need to be complied with, even if the licence has ceased.

Cancellation, suspension or surrender

  • Provisions have been simplified and apply generally to all licensed lotteries.
Major lotteries

Advertising

  • Additional advertising requirements, including the lottery licence number, the nature and value of prizes, how to obtain a copy of the T&C’s and the total number of tickets available.

Bundling

  • Ticket bundling is permitted where the information is provided on the ticket or information is provided at the time of purchase and in terms and conditions.

Ticket Details

  • The entrant’s contact phone number or email must be recorded on the ticket butt.

Electronic Draw

  • Requirement to use random number generation included. The Commissioner may request information in relation to the system.

Witness /scrutineer

  • Scrutineer required for lotteries with prizes more than $30,000.
    If less than this amount, it will need to be witnessed by a person that is not associated with the licensee or person involved in the conduct

Notification/delivery

  • Amended to 7 days for written notification, consistent with other lotteries.

Publication of winners

  • Publication of winners does not need to include the newspaper, however the method of publication must be specified in the terms and conditions.

Terms and Conditions

  • Licensees will need to specify in the terms and conditions if a third party has been engaged to conduct or promote the lottery on behalf of the organisation.
    If the organisation will be applying net proceeds to another approved purpose organisation, this must also be disclosed.

Auditing

  • Where the prize value is less than $30,000 – financials must be provided with 1 month of the drawing of the lottery.
    Where the prize value is more than $30,000 financials must be audited and provided with 2 months of the drawing of the lottery.
Major bingo

Threshold

  • A major bingo session is now defined as a session where the gross proceeds exceed $1,000.

Sessions

  • Up to 5 bingo sessions may be conducted per week (previously 3).

Proceeds applied to approved purpose

  • Total amount of proceeds applied to approved purpose has increased from a minimum of 10% to 20%.

Total gross proceeds

  • Maximum amount of allowable gross proceeds per session increased from $9000 to $10,000.

Reporting frequency

  • Reporting frequency has changed from quarterly to annually, with the Commissioner having the ability to inspect records at any time.

Audit requirements

  • Introduction of audit requirements where gross proceeds exceed $100,00 annually.
Instant lotteries

Proceeds applied to approved purpose

  • Total amount of proceeds applied to approved purpose has increased from 10% to 20%.

Keeping of records

  • Licensees must keep records of specified particulars for each lottery.

Auditing

  • Only instant lotteries with gross proceeds of $50,000 or more require the auditor to certify the financial statement provided to the Commissioner.

Display of information

  • Restrictions on entry and the nature and value of each prize must be displayed at or near the premises at which tickets are being sold, unless that information appears on the tickets.
Major trade promotion

Grounds for refusal

  • In accordance with s15(3)(b) of the Act, the Commissioner may refuse to grant a trade promotion lottery licence if it would not be consistent with a code of practice under the Gambling Administration Act 2019, or if it would be conducted on a premises which has a gaming machine licence.

Advertising requirements

  • Advertising requirements reduced to one set of requirements rather than differentiating between tv, radio and cinema, and other media.

Reporting and publication

  • The requirement for a licensee to notify the Minister of the name and address of each winner of a prize exceeding $250 within 14 days has been removed. The winner’s address no longer needs to be published – only the initial of the first name, last name and postcode is required to be published within 30 days.

Scrutineer

  • A scrutineer must be present at any lottery draw where the total value of all prizes in that particular draw is $30,000 or more, or where the Commissioner makes a direction.

Record keeping

  • Rules relating to record-keeping have been simplified.

Electronic draws

  • Electronic draws are now permitted and do not require Ministerial approval, however they must be drawn by way of a random number generator.
Trade promotion (instant prize)

Grounds for refusal

  • In accordance with s15(3)(b) of the Act, the Commissioner may refuse to grant a trade promotion lottery licence if it would not be consistent with a code of practice under the Gambling Administration Act 2019, or if it would be conducted on a premises which has a gaming machine licence.

Reporting and publication

  • The requirement for a licensee to notify the Minister of the name and address of each winner of a prize exceeding $250 within 14 days has been removed. The winner’s address no longer needs to be published – only the initial of the first name, last name and postcode is required to be published within 30 days.

Record keeping

  • Requirements have been simplified to specify the lottery period, details of the participants in the lottery (if relevant) and the distribution of all prizes, as well as details of any unclaimed prizes for a period of three months.

Supplier of lottery products 

Supplier of lottery products changes

Products

  • Bingo sheets and vending machines dispensing instant lottery tickets are now prescribed products.

Application

  • Application must be accompanied by such documents and information as the Commissioner requires, rather than a letter from the bank.

Miscellaneous

Miscellaneous changes

Prohibitions

  • An integrity measure that restricts a management committee or people involved in the conduct or promotion of the lottery from entering major lotteries, major bingo sessions, trade promotions and card jackpots.

Payment of prizes

  • If a prize if more $1,000, the prize must be offered to be paid by transfer or cheque.

Prizes

  • This regulation does not apply where the terms and conditions provide for how unclaimed prizes will be dealt.
    For a minor (permitted) lottery, the prize must be preserved and retained for at least 1 month.
    For a major (licensed) lottery, the prize must be preserved and retained for at least 2 months.
    Allowances are made for perishable or event type (e.g. concert) prizes.
    If a prize is unclaimed, there must be a redraw, unless the Commissioner approves another method.
    Notification to the Minister is no longer required

Duty of Auditor

  • An auditor must audit the account and report whether the proceeds were deposited in accordance with the regulations and report any reasonable suspicion of irregularities or contraventions.

Publication of Statements

  • Power for the Commissioner to publish a financial statement or summary/extract, if it is in the public interest to do so.

Permitted lotteries

  • The terminology of lotteries that can be conducted without a licence has changed from ‘exempted lotteries’ to ‘permitted lotteries.’

Licensed lotteries

  • The terminology of lotteries that require a licence to be conducted has changed from ‘authorised lotteries’ to ‘licensed lotteries’.