South Australia
Lottery and Gaming Regulations 1993
under the Lottery and Gaming Act 1936

Contents
Part 1—Preliminary
1	Short title
4	Interpretation
Part 2—Exempted lotteries
Division 1—Fundraiser lotteries
5	Minor lotteries
6	Bingo played at certain bingo sessions
7	Sweepstakes
Division 2—Non-fundraiser lotteries
8	Lotteries where all proceeds go in prizes
9	Minor trade promotion lotteries
10	Calcutta sweepstakes
Part 3—Authorised lotteries
Division 1—Fundraiser lotteries
11	Classes of lottery licence
12	Eligible applicants
13	Applications for lottery licence
14	Grant of lottery licences
15	Duration of licence
16	Licence fees
17	Licence conditions
Division 2—Trade promotion lotteries
17A	Licences may be granted for certain trade promotion lotteries
17B	Application for trade promotion lottery licence
17C	Grant of licence
17D	Duration of licence
17E	Licence conditions
17F	Trader offences
Division 3—Licences generally
18	Cancellation or suspension of licence
Part 4—Lottery rules
19	Minor lottery rules
20	Major lottery rules
21	Bingo rules
22	Instant lottery rules
23	Sweepstakes rules
24	Calcutta sweepstakes rules
24A	Trade promotion lottery rules
25	Minister may waive compliance with lottery rules
26	Minister may give directions on winding up or dissolution of licensed association
Part 5—Instant lottery ticket suppliers' licences
27	Application
29	Licence conditions
30	Licensed supplier must collect certain fees on behalf of Minister
Part 6—Miscellaneous
31	False or misleading statements
32	Restriction on sale of lottery tickets by children
33	Restriction as to when lottery tickets may be sold
33A	Identification of winning ticket
34	Commission agents must pay lottery ticket proceeds by cheque etc
35	Accounts relating to lotteries conducted by associations must be kept for one year
36	Inducements to enter a lottery
37	Unclaimed prizes
38	Duty of auditor of lottery accounts
39	Offences committed by an association or corporation
39A	Fees
40	Transitional provisions
Schedule 1—Application for major lottery licence
Schedule 2—Application for bingo licence
Schedule 3—Application for instant lottery licence
Schedule 4—Application for trade promotion lottery licence
Schedule 5—Financial statement—major lottery licence
Schedule 6—Quarterly financial statement—bingo licence
Schedule 7—Annual financial statement—instant lottery licence
Schedule 8—Application for instant lottery ticket supplier's licence
Schedule 9—Quarterly financial statement—instant lottery ticket supplier's licence
Schedule 10—Fees
Legislative history
Appendix—Divisional penalties and expiation fees

Part 1—Preliminary
1—Short title
These regulations may be cited as the Lottery and Gaming Regulations 1993.
4—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
the Act means the Lottery and Gaming Act 1936;
administrative expenses, in relation to the conduct of a lottery—
	(a)	includes any commission, salary or other remuneration paid to a person for conducting the lottery or for selling tickets in the lottery; but
	(b)	does not include fees payable under these regulations or any other government charges or, in relation to conducting bingo sessions, rent of the premises in which the sessions are conducted;
approved purposes, in relation to a fundraiser lottery, means any of the following purposes:
	(a)	a religious, educational, charitable or benevolent purpose;
	(b)	the purpose of promoting or encouraging literature, science or the arts;
	(c)	the purpose of providing medical treatment or attention, or promoting the interests of persons who have a particular physical, mental or intellectual disability;
	(d)	the purpose of establishing, carrying on or improving a community centre, or promoting the interests of a local community or a particular section of a local community;
	(e)	the purpose of sport, recreation or amusement;
	(f)	the purpose of promoting animal welfare;
	(g)	the purpose of conserving resources or preserving any part of the environmental, historical or cultural heritage of the State;
	(h)	the purpose of promoting the interests of students or staff of an educational institution;
	(i)	a political purpose;
	(j)	the purpose of promoting the common interests of persons who are engaged in, or interested in, a particular business, trade or industry;
association means any association of persons, whether incorporated or not, that has—
	(a)	at least 10 members; and
	(b)	a management committee appointed or elected by the members of the association; and
	(c)	a written constitution,
but does not include a registered corporation that returns profits to its members;
bingo means the game of chance known as bingo, housie or housie when played by the method commonly known as "eyes down";
bingo session means an event at which a series of bingo games is played;
Calcutta sweepstakes means a sweepstakes conducted on the basis that the winning chances will be auctioned;
fundraiser, in relation to a lottery, means a lottery conducted by an association on the basis that the net proceeds of the lottery are to be applied by the association for one or more approved purposes;
GST means the tax payable under the GST law;
GST law means—
	(a)	A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and
	(b)	the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things;
instant lottery means a lottery—
	(a)	the prizes of which do not, in total, exceed $5 000 in value; and
	(b)	in which the right to participate depends on purchasing an instant lottery ticket;
instant prize means a prize to be won on a ticket—
	(a)	that has on it a number, letter or symbol giving rise to a winning chance; and
	(b)	that is realisable (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;
licensed supplier means the holder of an instant lottery ticket supplier's licence;
lottery licence means a licence issued under these regulations to conduct a major lottery, bingo sessions or an instant lottery;
lottery rules means the rules under these regulations with which persons conducting lotteries (whether exempted or authorised lotteries) must comply;
major lottery means a lottery the prizes of which exceed, in total, $2 000 in value, but does not include an instant lottery, a sweepstakes or a Calcutta sweepstakes;
minor lottery means a lottery the prizes of which do not, in total, exceed $2 000 in value, but does not include an instant lottery, a sweepstakes or a Calcutta sweepstakes;
net proceeds, in relation to a lottery, means the gross proceeds of the lottery less the amount of the prizes and administrative expenses of conducting the lottery;
registered corporation means a body that is a registered corporation under the Corporations Law;
the revoked regulations means the Lottery Regulations 1971, revoked by these regulations;
supplier's licence means an instant lottery ticket supplier's licence;
sweepstakes does not include a Calcutta sweepstakes;
ticket means a token of any kind used for the purposes of drawing the prizes in a lottery or claiming an instant prize in a lottery and includes, in relation to a trade promotion lottery—
	(a)	a recording, by electronic means or otherwise, of a participant's name or telephone number; and
	(b)	the packaging of goods in which an instant prize, or a ticket for an instant prize, may be found;
trade promotion (instant prize) lottery means a trade promotion lottery all the prizes of which are instant prizes;
trade promotion lottery includes a trade promotion (instant prize) lottery;
trader, in relation to a trade promotion lottery, means the seller of the goods or services that are the subject of the promotion;
value, in relation to an item that is a prize in a lottery, means—
	(a)	if the item is an antique or a piece of artwork, craftwork or collectible bric-a-brac or is secondhand—the price likely to be paid for the item if sold at auction;
	(b)	in any other case—the retail price, or a reasonable estimate of the likely retail price, of the item.
	(2)	For the purposes of these regulations—
	(a)	a member of an association will not be taken to receive a benefit from the net proceeds of a lottery conducted by the association by virtue only of the fact that he or she, as a member of the association, shares with the other members in the facilities or services provided by the association; and
	(b)	a registered corporation will not be taken to receive a benefit from the net proceeds of a lottery by virtue only of the fact that part of those proceeds is used to acquire goods or services from the corporation; and
	(c)	a ticket in a lottery will not be regarded as giving rise to an equal chance of winning a prize in the lottery if the holder of the ticket is required to be present at the drawing of the lottery in order to have a chance to win any particular prize.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix .

Part 2—Exempted lotteries
Division 1—Fundraiser lotteries
5—Minor lotteries
A minor lottery that is a fundraiser is an exempted lottery for the purposes of the Act if—
	(a)	the lottery is conducted by an association on its own behalf; and
	(b)	the association, in conducting the lottery, complies with the minor lottery rules set out in regulation 19.
6—Bingo played at certain bingo sessions
Bingo played at a bingo session that is a fundraiser is an exempted lottery for the purposes of the Act if—
	(a)	the bingo session is conducted by an association on its own behalf; and
	(b)	the gross proceeds of the session do not exceed $200; and
	(c)	the association, in conducting the bingo session, complies with the bingo rules set out in regulation 21.
7—Sweepstakes
A sweepstakes that is a fundraiser and the gross proceeds of which exceed $10 is an exempted lottery for the purposes of the Act if—
	(a)	the sweepstakes is conducted by an association on its own behalf; and
	(b)	the gross proceeds of the sweepstakes do not exceed $1 000; and
	(c)	the association, in conducting the sweepstakes, complies with the sweepstakes rules set out in regulation 23.

Division 2—Non-fundraiser lotteries
8—Lotteries where all proceeds go in prizes
A lottery (of any kind other than an instant lottery) conducted by any person is an exempted lottery for the purposes of the Act if—
	(a)	the gross proceeds of the lottery do not exceed $1 000; and
	(b)	the whole of the proceeds of the lottery, after deduction of the administrative expenses of conducting the lottery, constitute the prize, or prizes, in the lottery; and
	(c)	the amount deducted for administrative expenses does not exceed two percent of the gross proceeds of the lottery; and
	(d)	each ticket in the lottery gives rise to a fair and equal chance of winning a prize in the lottery.
9—Minor trade promotion lotteries
A trade promotion lottery is an exempted lottery for the purposes of the Act if—
	(a)	the total value of all the prizes in the lottery does not exceed $500; and
	(b)	the lottery is not for the purpose of promoting the sale of—
	(i)	cigarettes, cigars, tobacco or any other tobacco product; or
	(ii)	firearms or ammunition; and
	(c)	the lottery does not consist of bingo sessions conducted on the premises to which a gaming machine licence under the Gaming Machines Act 1992 relates; and
	(d)	the person conducting the lottery complies with the trade promotion lottery rules set out in regulation 24A.
10—Calcutta sweepstakes
A Calcutta sweepstakes (in this regulation referred to as a "Calcutta") the gross proceeds of which exceed $1 000 is an exempted lottery for the purposes of the Act if—
	(a)	the Calcutta is conducted by an association on its own behalf; and
	(b)	the gross proceeds of the Calcutta do not exceed $15 000; and
	(c)	the association, in conducting the Calcutta, complies with the Calcutta sweepstakes rules set out in regulation 24.

Part 3—Authorised lotteries
Division 1—Fundraiser lotteries
11—Classes of lottery licence
The classes of licence that may be issued under these regulations for the conduct of lotteries that are fundraisers are as follows:
	(a)	major lottery licence
the holder of a major lottery licence is authorised by the licence to conduct a major lottery subject to and in accordance with these regulations and the conditions of the licence;
	(b)	bingo licence
the holder of a bingo licence is authorised by the licence to conduct bingo sessions subject to and in accordance with these regulations and the conditions of the licence;
	(c)	instant lottery licence
the holder of an instant lottery licence is authorised by the licence to conduct instant lotteries subject to and in accordance with these regulations and the conditions of the licence.
12—Eligible applicants
	(1)	An application for a lottery licence may be made only by or on behalf of an association, to conduct lotteries on its own behalf.
	(2)	A person under the age of 18 years cannot apply on behalf of an association for a lottery licence.
13—Applications for lottery licence
	(1)	An application for a lottery licence must—
	(a)	be made to the Minister in the form set out in Schedule 1, Schedule 2 or Schedule 3, as the case may require; and
	(b)	contain the information and be accompanied by the documents required by the application form.
	(2)	The Minister may require an applicant to provide further information about or verification of any matter relevant to the application.
14—Grant of lottery licences
	(1)	The Minister may, on due application being made, grant a lottery licence to an association that satisfies the Minister, by such evidence as the Minister may require—
	(a)	that it is eligible to apply for a lottery licence; and
	(b)	that the whole of the net proceeds of any lottery to be conducted pursuant to the licence will be applied for one or more approved purposes; and
	(c)	that no part of the net proceeds of any lottery is to be applied for the benefit of—
	(i)	any member of the association; or
	(ii)	a registered corporation that returns profits to its members; and
	(d)	that the association is a fit and proper body to conduct lotteries of the kind authorised by the licence; and
	(e)	that, in the case of an application for a major lottery licence, the lottery to which the licence relates appears to be financially viable.
	(2)	Without limiting the grounds on which the Minister may refuse an application for a lottery licence, the Minister may refuse an application—
	(a)	in the case of an application for a major lottery licence—if the applicant has previously conducted a major lottery that has turned out not to be financially viable and the Minister is of the opinion that, if any further major lottery were to be conducted by the applicant, it is likely that it also would be unviable;
	(b)	in the case of an application for a bingo licence—if the Minister is of the opinion—
	(i)	that there is some relationship or arrangement between the applicant and another association that holds a bingo licence; and
	(ii)	that, by virtue of that relationship or arrangement, proceeds derived by the applicant from conducting bingo sessions would benefit that other association; and
	(iii)	that to grant the licence would therefore give that other association an unfair advantage over other holders of bingo licences.
15—Duration of licence
	(1)	A major lottery licence expires on the licensee furnishing the Minister, in accordance with these regulations, with a financial statement in respect of the lottery to which the licence relates.
	(2)	A bingo licence has effect for a term of one year from the day on which it is granted.
	(3)	An instant lottery licence has effect for a term of one year from the day on which it is granted.
16—Licence fees
	(1)	Subject to these regulations, the following fees are payable by the holder of a lottery licence:
	(a)	major lottery licence for a lottery drawn before 1 July 2000
four per cent of the gross proceeds of the lottery to which the licence relates, payable by the licensee at the same time as the licensee is required by these regulations to furnish a financial statement in respect of the lottery;
	(b)	bingo licence
four per cent of the gross proceeds of all bingo sessions conducted before 1 July 2000 pursuant to the licence, payable by the licensee on a quarterly basis on furnishing the quarterly financial statement required by these regulations;
	(c)	instant lottery licence
two per cent of the total face value of all instant lottery tickets purchased before 1 June 2000 from a licensed supplier, payable by the licensee to that supplier (as collection agent for the Minister)—
	(i)	on payment for the tickets; or
	(ii)	one month after the date of supply of the tickets,
whichever first occurs.
	(2)	The following associations are exempt from the requirement to pay licence fees under these regulations:
	(a)	any association that was, immediately prior to the commencement of these regulations, exempt from the liability to pay licence fees by virtue of regulation 7(6)(a) of the revoked regulations;
	(b)	any association that has as its principal object—
	(i)	the relief or assistance of persons who have a physical or mental illness, disability or infirmity and the families and carers of such persons; or
	(ii)	the relief or assistance of persons who suffer disadvantage as a result of age, poverty, unemployment or homelessness or as a result of being the victims of crime or abuse; or
	(iii)	the prevention of human disease or disability; or
	(iv)	the relief of distress caused by disaster or war.
17—Licence conditions
	(1)	A major lottery licence is subject to—
	(a)	in the case of a licence granted before 1 July 2000, a condition that the licensee must pay the licence fees for the licence in accordance with these regulations; and
	(b)	in the case of any licence, a condition that the licensee must, in and in relation to conducting the lottery authorised by the licence, comply with the major lottery rules set out in regulation 20.
	(2)	A bingo licence is subject to—
	(a)	in the case of a licence granted before 1 July 2000, a condition that the licensee must pay the licence fees for the licence in accordance with these regulations; and
	(b)	in the case of any licence, a condition that the licensee must, in and in relation to conducting bingo sessions pursuant to the licence, comply with the bingo rules set out in regulation 21.
	(3)	An instant lottery licence is subject to—
	(a)	in the case of a licence granted before 1 June 2000, a condition that the licensee must pay the licence fees for the licence in accordance with these regulations; and
	(b)	in the case of any licence, a condition that the licensee must, in and in relation to conducting instant lotteries pursuant to the licence, comply with the instant lottery rules set out in regulation 22.

Division 2—Trade promotion lotteries
17A—Licences may be granted for certain trade promotion lotteries
	(1)	Licences may be granted for the conduct of trade promotion lotteries in which the total value of all the prizes exceeds $500.
	(2)	A licence cannot, however, be granted for the conduct of—
	(a)	a lottery for the purposes of promoting the sale of—
	(i)	cigarettes, cigars, tobacco or any other tobacco product; or
	(ii)	firearms or ammunition; or
	(b)	a lottery consisting of bingo sessions if the lottery is to be conducted on the premises to which a gaming machine licence under the Gaming Machines Act 1992 relates.
17B—Application for trade promotion lottery licence
	(1)	A person may apply for a licence to conduct a lottery for the purpose of promoting the sale of goods or services.
	(2)	An application must—
	(a)	be made to the Minister in the form set out in Schedule 4 not earlier than 4 months or later than 14 days before the proposed date of commencement of the lottery; and
	(b)	contain the information and be accompanied by the documents required by the application form.
17C—Grant of licence
	(1)	The Minister may, on due application being made, grant a trade promotion lottery licence to the applicant.
	(2)	The Minister may refuse an application for a trade promotion lottery licence on any reasonable ground.
17D—Duration of licence
A trade promotion lottery licence expires on final compliance by the licensee with the conditions of the licence except where the licence has been granted solely for a trade promotion (instant prize) lottery, in which case the licence expires at the close of the lottery.
17E—Licence conditions
A trade promotion lottery licence is subject to the condition that the licensee must, in and in relation to conducting the lottery authorised by the licence, comply with the trade promotion lottery rules set out in regulation 24A.
17F—Trader offences
	(2)	If participation in a trade promotion lottery is dependent on the purchase of goods or services, the trader must not, while the lottery is open, charge more for those goods or services than the normal price charged by that trader.
Penalty: Division 7 fine.
	(3)	If a person who conducts a trade promotion lottery on behalf of a trader fails to comply with the trade promotion lottery rules set out in regulation 24A, the trader is guilty of an offence.
Penalty: Division 7 fine.
	(4)	It is a defence for a trader who is charged with an offence against subregulation (3) to prove that the offence did not result from any failure on his or her part to take reasonable care to avoid commission of the offence.

Division 3—Licences generally
18—Cancellation or suspension of licence
	(1)	The Minister may, by written notice given personally or by post to the licensee, cancel a lottery licence or a trade promotion lottery licence, or suspend it for a specified period—
	(a)	if the licence was improperly obtained; or
	(b)	if the licensee commits or is found guilty of an offence against the Act or these regulations; or
	(c)	if the licensee contravenes a condition to which the licence is subject; or
	(d)	if the licensee is in default for more than one month in payment of any amount due by way of fees under these regulations; or
	(e)	if, in the case of a major lottery licence, the Minister is of the opinion that the lottery authorised by the licence has become financially unviable.
	(2)	The Minister may, in a notice of cancellation, give such directions to the licensee as to the winding up of any lottery being conducted pursuant to the licence as the Minister thinks appropriate.
	(3)	An association that fails to comply with a direction given under subregulation (2) is guilty of an offence.
Penalty: Division 7 fine.
	(4)	The holder of a licence that has been suspended will be taken to be unlicensed during the period of the suspension.

Part 4—Lottery rules
19—Minor lottery rules
The rules with which an association must comply in conducting a minor lottery that is a fundraiser are as follows:
	(aa)	an association must not enter a lottery conducted by that association;
	(a)	the whole of the net proceeds of the lottery must be applied for one or more approved purposes;
	(b)	no part of the net proceeds of the lottery may be applied for the benefit of—
	(i)	a member of the association; or
	(ii)	a registered corporation that returns profits to its members;
	(c)	the total value of all prizes in the lottery must be not less than 20 per cent of the total face value of all tickets in the lottery;
	(ca)	the cost to the association of all prizes in the lottery must not exceed 75 per cent of the total face value of all tickets in the lottery;
	(d)	the administrative expenses of conducting the lottery must not exceed an amount equivalent to 10 per cent of the total face value of all tickets in the lottery;
	(e)	the association must keep accurate records of the administrative costs of conducting the lottery;
	(f)	each ticket in the lottery must be of equal value and give rise to an equal chance of winning;
	(g)	if tickets in the lottery are to be sold before the day on which the lottery is to be drawn or at places other than the place at which the lottery is to be drawn—
	(i)	each ticket and the butt of each ticket must have the name of the association conducting the lottery and the date, place and time for the drawing of the lottery clearly printed on it; and
	(ii)	the butt of each ticket sold in the lottery must have the name and address (or telephone number) of the purchaser of the ticket clearly written on it; and
	(iii)	the lottery must be drawn on the day and at the place and time so specified;
	(h)	the first prize in the lottery must be drawn first, the second prize must be drawn second, and so on;
	(i)	if the gross proceeds from the lottery are insufficient to meet the cost of the prizes in the lottery, the association must make up the deficiency from its other funds, and must notify the Minister in writing as soon as it becomes apparent that such a deficiency will arise;
	(j)	if a prize in the lottery is not delivered to its winner within four days of the drawing of the lottery, written notification must be given before the end of that period to the winner of the nature or amount of the prize and of the time and place at which it can be collected.
20—Major lottery rules
The rules with which an association must comply in and in relation to conducting the lottery authorised by a major lottery licence held by the association are as follows:
	(aa)	an association must not enter a lottery conducted by that association;
	(a)	the whole of the net proceeds of the lottery must be applied for the approved purposes that are specified in the licence;
	(b)	no part of the net proceeds of the lottery may be applied for the benefit of—
	(i)	any member of the association; or
	(ii)	a registered corporation that returns profits to its members;
	(c)	the total value of all prizes in the lottery must be not less than one sixth of the total face value of all tickets in the lottery;
	(d)	the total cost to the association of all gifts and rewards (other than the prizes in the lottery and any bonus tickets) available to be given as inducements to participate in the lottery must not exceed 2 per cent of the total face value of all tickets in the lottery;
	(da)	the total cost to the association of—
	(i)	the prizes in the lottery; and
	(ii)	the administrative expenses of conducting the lottery; and
	(iii)	the gifts and rewards (including all bonus tickets) available to be given as inducements to participate in the lottery,
must not exceed 60 per cent of the total face value of all tickets in the lottery;
	(db)	if bonus tickets are to be on offer to purchasers of a certain number of tickets in the lottery—
	(i)	details of the bonus offer must appear on the face of each ticket in the lottery; and
	(ii)	the bonus offer must apply throughout the whole period during which tickets are on sale;
	(e)	the prizes in the lottery must consist of cash, goods or services;
	(f)	each ticket in the lottery must be of equal value and give rise to an equal chance of winning;
	(g)	any advertisement of the lottery must state the number of the lottery licence under which the lottery is conducted;
	(h)	the tickets, ticket butts and ticket book covers used in the lottery must be in the form and contain the information as approved by the Minister on granting the licence;
	(i)	the number of tickets in the lottery must not exceed the number specified in the licence;
	(j)	the licensee must keep a record of—
	(i)	the number of ticket books issued for sale; and
	(ii)	the names and addresses of the persons to whom they were issued for sale; and
	(iii)	the number of tickets sold; and
	(iv)	the number of tickets returned unsold;
	(k)	the licensee must require any person to whom ticket books are issued for sale to give a receipt for the books;
	(l)	the licensee must issue each person who is to sell tickets in the lottery with a certificate or some other form of authority to sell that can be shown to any purchaser on request;
	(m)	no ticket in the lottery may be sold unless the name and address of the purchaser of the ticket is filled in on the butt of the ticket;
	(n)	no ticket in the lottery may be sold—
	(i)	before the day specified in the licence for the commencement of the lottery; or
	(ii)	within the period of seven days before the day on which the lottery is drawn;
	(o)	a ticket in the lottery must not be given or posted to a person for sale to or by that person without his or her prior consent;
	(p)	the licensee must ensure that all unsold tickets, proceeds from ticket sales and butts of sold tickets are in the hands of the licensee no later than seven days prior to the drawing of the lottery;
	(q)	the lottery must be drawn—
	(i)	on the day and at the time and place specified in the licence; and
	(ii)	under the supervision of the licensee; and
	(iii)	in the presence of at least two members of the licensee's management committee and a member of the police force, ADI manager or justice of the peace; and
	(iv)	in the presence of such of the ticket holders in the lottery who wish to be present;
	(r)	the winners of the prizes in the lottery must be determined by lot with the first prize being drawn first, the second prize being drawn second, and so on;
	(s)	if the gross proceeds from the lottery are insufficient to meet the cost of the prizes in the lottery, the licensee must make up the deficiency from its other funds and must notify the Minister in writing as soon as it becomes apparent that such a deficiency will arise;
	(t)	if a prize is not delivered to its winner at the time the lottery is drawn, the winner must, within four days of the drawing of the lottery, be notified in writing of the prize he or she has won and the particulars of how the prize is to be delivered or collected;
	(u)	the licensee must, within seven days of the drawing of the lottery, cause the numbers of the prize winning tickets in the lottery to be published in a newspaper circulating generally throughout the State;
	(v)	the licensee must—
	(i)	pay all money received from the sale of tickets in the lottery into an ADI account that is separate from all other ADI accounts operated by the licensee; and
	(ii)	keep accurate accounts of all income and expenditure relating to the lottery, being accounts that are separate from the other accounts kept by the licensee; and
	(iii)	cause those accounts to be audited by an auditor nominated by the licensee and approved by the Minister;
	(w)	the licensee must, within one month of the drawing of the lottery, furnish the Minister with a financial statement—
	(i)	that is in the form, and contains the information, set out in Schedule 5; and
	(ii)	that is certified correct by the auditor who audited the accounts of the lottery.
21—Bingo rules
The rules with which an association must comply in or in relation to conducting a bingo session that is a fundraiser are as follows:
	(a)	the whole of the net proceeds of the bingo session must be applied—
	(i)	for one or more approved purposes; and
	(ii)	in the case of a session conducted pursuant to a bingo licence—for such of those purposes as are specified in the licence;
	(b)	no part of the net proceeds of the bingo session may be applied for the benefit of—
	(i)	a member of the association; or
	(ii)	a registered corporation that returns profits to its members;
	(c)	no more than two bingo sessions may be conducted in any one week;
	(d)	if two sessions are conducted on the one day, there must be an interval of at least one hour between those sessions during which no game of bingo is played;
	(e)	the bingo session must not exceed three hours in duration;
	(f)	no more than 30 bingo games may be played during the session;
	(g)	the session must be conducted under the supervision of the association;
	(h)	at least two persons who are members of the management committee or staff of the association must be present at the session;
	(i)	a charge must not be made for admission to the session;
	(j)	as to refreshments—
	(i)	light refreshments (tea, coffee and cool drinks and sandwiches, cake and biscuits) may be made available by the association in connection with the session, free of charge or for a nominal charge;
	(ii)	if any other refreshments are provided (including alcoholic beverages if the association is licensed to do so) the association must charge for the refreshments at reasonable commercial rates;
	(k)	the prizes of any other game of chance made available to persons attending the session must not be used to subsidise the bingo prizes;
	(l)	the gross proceeds of any game of bingo played at the session must not exceed $200;
	(m)	all bingo sheets must be purchased from a licensed supplier of instant lottery tickets;
	(n)	all bingo sheets used in the one game must be priced for the players at the same price, being not less than 10 cents or more than 30 cents, and must give rise to an equal chance of winning;
	(o)	no bingo sheet may be offered to a player free of charge;
	(p)	the bingo game printed on a bingo sheet must be constituted of 15 different numbers;
	(q)	each bingo sheet used in the one game must bear on the face of the sheet the same serial number that is unique to that game;
	(r)	the serial number applicable to a game of bingo must be announced to the players in the game immediately prior to the commencement of the game;
	(s)	the prizes must not accumulate (or "jackpot") between any game played in one bingo session and a game played in another session;
	(t)	if a jackpot is conducted during a session, the amount of the jackpot must not exceed ten per cent of the gross proceeds of the session;
	(u)	the prize in every game of bingo must be not less than 50 per cent and not more than 75 per cent of the gross proceeds of the game (less any amount allowed for a jackpot) and must not exceed $100;
	(ua)	the prize in every game of bingo (together with any jackpot won on the game) must be paid in cash immediately after completion of the game and, if more than one person wins the game, the prize must be divided equally between them;
	(v)	the administrative expenses of conducting a bingo session (including the costs of refreshments provided free of charge, callers, bingo sheets and advertising) must not exceed an amount equivalent to 20 per cent of the gross proceeds of the session;
	(w)	the association must keep all bingo sheets in a secure place;
	(x)	the association must not issue the bingo sheets to be used during a bingo session to the person conducting the session more than one bingo session in advance;
	(y)	in relation to bingo sessions conducted pursuant to a licence—
	(i)	the sessions must be conducted at the place and on the days specified in the licence; and
	(ii)	the licensee must not publish or cause to be published any advertisement relating to the conduct of bingo sessions unless the advertisement has been approved by the Minister; and
	(iii)	all bingo sheets not sold for any particular game must be kept by the licensee for one year; and
	(iv)	the licensee must make an accurate record, in a form approved by the Minister, of the bingo sheets used in, and the gross proceeds and prizes of, each game of bingo played during a bingo session immediately after its completion and before the commencement of the next game; and
	(v)	the licensee must keep a copy of the record referred to in subparagraph (iv) for a period of one year and ensure that it is available for inspection by the Minister during that period; and
	(vi)	the net proceeds of all bingo sessions conducted pursuant to the licence must be paid into an ADI account that is kept by the licensee separately from all other accounts; and
	(vii)	the licensee must, within one month of the expiry of each quarter of the licence period, furnish the Minister with a financial statement that is in the form, and contains the information, set out in Schedule 6 and that is certified correct by a member of the management committee of the licensee authorised by the licensee for the purpose.
22—Instant lottery rules
The rules with which an association must comply in and in relation to conducting an instant lottery pursuant to an instant lottery licence held by the association are as follows:
	(aa)	an association must not enter a lottery conducted by that association;
	(a)	the whole of the net proceeds of the lottery must be applied for the approved purposes that are specified in the licence;
	(b)	no part of the net proceeds of the lottery may be applied for the benefit of—
	(i)	any member of the association; or
	(ii)	a registered corporation that returns profits to its members;
	(c)	the tickets for the lottery must be purchased from a licensed supplier of instant lottery tickets;
	(d)	the total value of all prizes in the lottery must be not less than 20 per cent of the total face value of all tickets in the lottery;
	(da)	the cost to the association of all prizes in the lottery must not exceed 75 per cent of the total face value of all tickets in the lottery;
	(e)	the administrative expenses of conducting the lottery must not exceed an amount equivalent to 15 per cent of the total face value of all tickets in the lottery;
	(g)	each ticket in the lottery must be of equal value and give rise to an equal chance of winning;
	(h)	the licensee must display, at or near the place at which the tickets in the lottery are being sold, a sign stating the nature and value of each prize to be won in the lottery, unless that information appears on the tickets;
	(i)	the licensee must—
	(i)	pay all money received from the sale of tickets in the lottery into an ADI account that is separate from all other ADI accounts operated by the licensee; and
	(ii)	keep accurate accounts of all income and expenditure relating to the lottery, being accounts that are separate from the other accounts kept by the licensee; and
	(iii)	cause those accounts to be audited annually by an auditor nominated by the licensee and approved by the Minister;
	(j)	the licensee must, within one month of the expiry of each licence period, furnish the Minister with a financial statement—
	(i)	that is in the form, and contains the information, set out in Schedule 7; and
	(ii)	that is certified correct by the auditor who audited the accounts of the lottery conducted under the licence.
23—Sweepstakes rules
The rules with which an association must comply in conducting a sweepstakes that is a fundraiser are as follows:
	(a)	the sweepstakes may only be conducted on the outcome of any of the horse races known as the "Adelaide Cup," "Onkaparinga Great Eastern Steeplechase", "Port Adelaide Cup", "Caulfield Cup" or "Melbourne Cup";
	(b)	the whole of the net proceeds of the sweepstakes must be applied for one or more approved purposes;
	(c)	no part of the net proceeds of the sweepstakes may be applied for the benefit of—
	(i)	a member of the association; or
	(ii)	a registered corporation that returns profits to its members;
	(d)	the total value of the prizes in the sweepstakes must not exceed 50 per cent of the gross proceeds of the sweepstakes;
	(e)	the administrative expenses of the sweepstakes must not exceed 10 per cent of the gross proceeds of the sweepstakes;
	(f)	each ticket in the sweepstakes must be of equal value and give rise to an equal chance of winning;
	(g)	if tickets in the sweepstakes are to be sold before the day of the draw or at places other than the place at which the draw is to be carried out—
	(i)	each ticket and the butt of each ticket must have the name of the association conducting the sweepstakes, the name of the race and the date, place and time for the draw clearly printed on it; and
	(ii)	the butt of each ticket sold in the sweepstakes must have the name and address (or telephone number) of the purchaser of the ticket clearly written on it; and
	(iii)	the draw must be carried out on the day and at the place and time so specified;
	(h)	each person who has been successful in the draw must, before the race to which the sweepstakes relates is run, be notified personally of the name of the horse that he or she has drawn;
	(i)	a list of the names of the persons successful in the draw must be read out and exhibited immediately after the draw has been carried out;
	(j)	if a prize in the sweepstakes is not delivered to its winner within four days of the race being run, written notification must be given before the end of that period to the winner of the amount of the prize and of the time and place at which it can be collected;
	(k)	the association must keep accurate records of the sweepstakes and of the administrative expenses of conducting it.
24—Calcutta sweepstakes rules
The rules with which an association must comply in conducting a Calcutta sweepstakes (in this regulation referred to as a Calcutta) are as follows:
	(a)	the Calcutta may only be conducted on the outcome of—
	(i)	a horse race, harness race or greyhound race (whether run inside or outside this State) in respect of which on-course totalisator betting is authorised under the Racing Act 1976; or
	(ii)	the final of the foot race known as the "Bay Sheffield"; or
	(iii)	the motor race known as the "Australian Formula One Grand Prix";
	(b)	the whole of the proceeds of the Calcutta (including the amount raised by the auction of the drawn names), after deduction of the administrative expenses of conducting the Calcutta, must constitute the prizes in the Calcutta;
	(c)	the administrative expenses of conducting the lottery must not exceed 10 per cent of the gross proceeds of the Calcutta;
	(d)	no ticket in the Calcutta may be sold more than three months before the day on which the race to which the Calcutta relates is to be run;
	(e)	each ticket in the Calcutta must be of equal value and give rise to an equal chance of winning;
	(f)	if tickets in the Calcutta are to be sold before the day of the draw or at places other than the place at which the draw is to be carried out—
	(i)	each ticket and the butt of each ticket must have the name of the association conducting the Calcutta, the name of the race and the date, place and time for the draw clearly printed on it; and
	(ii)	the butt of each ticket sold in the Calcutta must have the name and address (or telephone number) of the purchaser of the ticket clearly written on it; and
	(iii)	the draw must be carried out on the day and at the place and time so specified;
	(g)	each person who has been successful in the draw must, before the race to which the Calcutta relates is run, be notified personally of the name that he or she has drawn;
	(h)	a list of the names of the persons successful in the draw must be read out and exhibited immediately after the draw has been carried out;
	(i)	if a prize in the Calcutta is not delivered to its winner within four days of the race being run, written notification must be given before the end of that period to the winner of the amount of the prize and of the time and place at which it can be collected;
	(j)	the association must keep accurate records of the Calcutta and of the administrative expenses of conducting it.
24A—Trade promotion lottery rules
	(1)	The rules with which a person must comply in and in relation to conducting a trade promotion lottery (other than a trade promotion (instant prize) lottery) are as follows:
	(a)	entry in the lottery must be free except that—
	(i)	the right to participate in the lottery may be dependent on the purchase of any of the goods or services the subject of the promotion; and
	(ii)	in the case of—
	(A)	entry in the lottery by mobile telephone—the cost of entering the lottery by such telephone must not exceed the cost of the telephone call and the amount received in respect of the call by the holder of the trade promotion lottery licence must not exceed 50 cents;
	(B)	entry in the lottery by fixed phone—the cost of entering the lottery by such telephone must not exceed the cost of the telephone call which must not exceed an amount that, after deduction of the GST payable in respect of the call, is 50 cents;
	(iii)	the cost of entering the lottery by post must not exceed the normal cost of postage;
	(b)	subject to any test of participants' knowledge, skills or judgment, each ticket in the lottery must give rise to an equal chance of winning a prize in the lottery;
	(ba)	if some of the prizes in the lottery are instant prizes, the tickets for those prizes must be manufactured, packaged and stored in a manner that satisfies the Minister that the prizes, or the numbers, letters or symbols that give rise to the winning chance or chances, cannot be detected by any person before the persons participating in the lottery have acquired them;
	(bb)	the duration of the lottery must not exceed 12 months;
	(c)	all advertisements of the lottery (other than advertisements on television, radio or at the cinema) must contain the following information:
	(i)	the name and address of the trader; and
	(ii)	if the lottery is authorised by a licence—
	(A)	the licence number; and
	(B)	the name and address of the licensee; and
	(iii)	the duration of the lottery; and
	(iv)	the nature and value of the prizes to be won; and
	(v)	the number of draws in the lottery and the date, place and time for the drawing of the lottery; and
	(vi)	the date on which and method by which participants in the lottery will be advised of the results of the drawing of the lottery;
	(ca)	the lottery must not be drawn electronically except by way of such a system as may from time to time be approved by the Minister for the purpose;
	(cb)	all advertisements of the lottery on television, radio or at the cinema must contain the following information:
	(i)	if the lottery is authorised by a licence—the licence number; and
	(ii)	how a person may enter the lottery; and
	(iii)	the nature and value of the prizes to be won; and
	(iv)	how and where to get a copy of the conditions of the lottery;
	(d)	the lottery must be drawn—
	(i)	on the date and at the time and place specified in the advertisements of the lottery; and
	(ii)	if—
	(A)	the total value of all prizes equals or exceeds $20 000; or
	(B)	the Minister so directs in any particular case,
under the scrutiny of a person authorised by the Minister for the purpose;
	(e)	the winners of the drawn prizes in the lottery must be determined by lot, with the first prize being drawn first, the second prize being drawn second, and so on;
	(f)	if the lottery is authorised by a licence—
	(i)	the name and address of each winner of—
	(A)	a drawn prize in the lottery; or
	(B)	an instant prize the value of which exceeds $100,
must be furnished to the Minister within 14 days of the drawing of the lottery;
	(ii)	if a prize is not delivered to its winner at the time the lottery is drawn, the winner must, within 14 days of the drawing of the lottery, be notified in writing of the prize he or she has won and the particulars of how the prize is to be delivered or collected; and
	(iii)	the name and address of each winner of a prize the value of which is over $100 must (except for any winner who has requested that his or her name and address not be so published) be published within 30 days of the drawing of the lottery—
	(A)	in a newspaper circulating generally throughout the State; or
	(B)	if the lottery has only been advertised in a particular magazine or newspaper, in that magazine or newspaper; and
	(iv)	all ticket butts, entry forms and other records relating to the conduct of the lottery must by retained by the person for at least 3 months after the drawing of the lottery or, where there is more than one drawing of the lottery, the final drawing of the lottery and must be made available for inspection by the Minister, on request, during that period;
	(g)	if the lottery is an exempted lottery—
	(i)	a list of the drawn prizes and their winners, or the winning ticket numbers, in the lottery must be displayed in a prominent place in the premises at which the lottery was drawn for at least 7 days after the day on which the lottery was drawn; and
	(ii)	if a prize is not delivered to its winner at the time the lottery is drawn and the identity of the winner is known or is reasonably ascertainable, the winner must, within 14 days of the drawing of the lottery, be notified in writing of the prize that he or she has won and the particulars of how the prize is to be delivered or collected; and
	(iii)	all prize winning ticket butts and the list of prizes and their winners (or winning ticket numbers) for the lottery must be retained by the person for at least 3 months after the drawing of the lottery or, where there is more than one drawing of the lottery, the final drawing of the lottery and must be made available for inspection by the Minister, on request, during that period.
	(2)	The rules with which a person must comply in and in relation to conducting a trade promotion (instant prize) lottery are as follows:
	(a)	the right to participate in the lottery may be dependent on the purchase of any of the goods or services the subject of the promotion, but otherwise entry in the lottery must be free;
	(b)	each ticket in the lottery must give rise to an equal chance of winning a prize in the lottery;
	(c)	the tickets in the lottery must be manufactured, packaged and stored in a manner that satisfies the Minister that the prizes, or the numbers, letters or symbols that give rise to the winning chance or chances, cannot be detected by any person before the persons participating in the lottery have acquired them;
	(d)	the duration of the lottery must not exceed 12 months;
	(e)	all advertisements of the lottery must contain the following information:
	(i)	the name and address of the trader; and
	(ii)	if the lottery is authorised by a licence—
	(A)	the licence number; and
	(B)	except in the case of an advertisement on television, radio or at the cinema, the name and address of the licensee; and
	(iii)	the duration of the lottery; and
	(iv)	the nature and value of the prizes to be won;
	(f)	if the lottery is authorised by a licence, the name and address of each winner of a prize in the lottery the value of which exceeds $100—
	(i)	must be furnished to the Minister within 14 days of the close of the lottery; and
	(ii)	must (except for any winner who has requested that his or her name and address not be so published) be published within 30 days of the close of the lottery—
	(A)	in a newspaper circulating generally throughout the State; or
	(B)	if the lottery has only been advertised in a particular magazine or newspaper, in that magazine or newspaper.
25—Minister may waive compliance with lottery rules
	(1)	The Minister may, on application made by or on behalf of the holder of a lottery licence or a person who conducts or proposes to conduct exempted lotteries, waive compliance with a specified lottery rule, if the Minister is satisfied that to do so would not prejudice the interests of the participants in the lottery or lotteries to which the waiver relates.
	(2)	A waiver may be granted subject to such conditions as the Minister thinks fit and specifies in the instrument of waiver.
	(3)	A person who contravenes a condition imposed under subregulation (2) is guilty of an offence.
Penalty: Division 9 fine.
26—Minister may give directions on winding up or dissolution of licensed association
	(1)	If any application is made or notice is given for the winding up or dissolution of an association that holds a lottery licence, the association—
	(a)	must forthwith give written notice of the proposal to the Minister; and
	(b)	must comply with such directions as to the furnishing of financial statements, payment of licence fees or any other matter as the Minister may give.
Penalty: Division 7 fine.
	(2)	If any direction given under subregulation (1) has not been complied with before the association ceases to exist, the person who last occupied the position of treasurer of the association must take such steps as are reasonably practicable to ensure compliance with the direction.
Penalty: Division 7 fine.

Part 5—Instant lottery ticket suppliers' licences
27—Application
	(1)	An application for a supplier's licence must be made to the Minister in the form set out in Schedule 8.
	(2)	An application for the grant of the licence under this regulation must be accompanied by a letter from the manager of an ADI used by the applicant in connection with the carrying on of a business certifying as to the applicant's banking record and history with that ADI.
29—Licence conditions
	(1)	A supplier's licence is subject to the following conditions:
	(a)	a condition that the licensee must keep proper and accurate records of all transactions carried out in pursuance of the licence and make those records available for inspection at any reasonable time by a person authorised by the Minister for the purpose;
	(b)	a condition that each series of instant lottery tickets that comprises a lottery must be allocated a unique identifying serial number;
	(c)	a condition that each instant lottery ticket supplied by the licence holder in pursuance of the licence must have printed on it—
	(i)	the name and licence number of the licensee; and
	(ii)	the identifying serial number and classification code of the lottery of which the ticket forms a part; and
	(iii)	the price of the ticket; and
	(iv)	if the instant lottery tickets are supplied direct to the holder of an instant lottery licence—the name and licence number of the holder of that licence;
	(d)	a condition—
	(i)	that the instant lottery tickets comprising a lottery must be manufactured, packaged and stored in such a manner that the numbers, letters or symbols that give rise to the winning chance or chances in the lottery cannot be detected before the persons participating in the lottery have purchased the tickets; and
	(e)	a condition that the licensee must not supply instant lottery tickets in pursuance of the licence except—
	(i)	to another holder of a supplier's licence; or
	(ii)	to the holder of an instant lottery licence; or
	(iii)	to a person authorised in writing to purchase those tickets on behalf of the holder of such a licence;
	(f)	a condition that the licensee must, within one month of the end of each quarter of the licence period, furnish the Minister with a financial statement relating to the instant lottery tickets sold direct to the holders of instant lottery licences by the licensee during that month—
	(i)	that is in the form, and contains the information, set out in Schedule 9; and
	(ii)	that is, if the licensee has the necessary equipment, in an electronic form acceptable to the Minister;
	(g)	a condition that, within 14 days prior to—
	(i)	discontinuing the supply of any particular class of instant lottery tickets; or
	(ii)	commencing the supply of any new class of instant lottery tickets,
the licensee must notify the Minister, in writing, of the proposed change.
	(2)	The Minister will establish classification codes for each class of instant lottery for the purposes of this regulation.
30—Licensed supplier must collect certain fees on behalf of Minister
	(1)	The holder of a supplier's licence must receive and forward to the Minister, with the monthly financial statement required by these regulations, the amount paid to the supplier by way of licence fees by the holders of instant lottery licences during the month to which the financial statement relates.
	(2)	The money received by a licensed supplier by way of licence fees paid by the holders of instant lottery licences is held on trust for the Minister and must be paid by the supplier into an ADI account—
	(a)	that is separate from all other ADI accounts operated by the supplier and into which no other money is paid; and
	(b)	from which the supplier must not make any withdrawal other than for the purpose of forwarding fees to the Minister or applying (for the supplier's benefit) any surplus that may accrue to the account by way of interest (after deduction of charges associated with the maintenance of the account and any government charges in relation to the account).
	(3)	A licensed supplier must make all records relating to the ADI account referred to in subregulation (2) available for inspection at any reasonable time by a person authorised by the Minister for the purpose.
	(4)	The holder of a supplier's licence who contravenes this regulation is guilty of an offence.
Penalty: Division 7 fine.

Part 6—Miscellaneous
31—False or misleading statements
A person who knowingly furnishes under these regulations any information that is false or misleading in a material particular is guilty of an offence.
Penalty: Division 7 fine.
32—Restriction on sale of lottery tickets by children
A person must not cause, suffer or permit a child under the age of 15 years to sell lottery tickets, unless the child is accompanied by and under the supervision of an adult.
Penalty: Division 7 fine.
33—Restriction as to when lottery tickets may be sold
A person must not sell or offer for sale lottery tickets door to door on any day before 9.00 a.m. or after 8.00 p.m. or sunset (whichever last occurs).
Penalty: Division 9 fine.
33A—Identification of winning ticket
A person who identifies or discloses the identity of a winning ticket in an instant lottery, or a trade promotion lottery some or all of the tickets of which are instant tickets, before the ticket is acquired by a person entering the lottery is guilty of an offence.
Penalty: Division 7 fine.
34—Commission agents must pay lottery ticket proceeds by cheque etc
A person who sells lottery tickets on behalf of an association and charges a commission for doing so must pay the net proceeds of sale to the association by cheque or by deposit in an ADI account kept by the association for the receipt of lottery proceeds.
Penalty: Division 9 fine.
35—Accounts relating to lotteries conducted by associations must be kept for one year
An association must—
	(a)	keep the accounts relating to each lottery it conducts and any unsold tickets in the lottery for a period of at least one year from—
	(i)	in the case of a lottery conducted pursuant to a licence—the day on which the licence expires; or
	(ii)	in any other case—the day on which the lottery is drawn; and
	(b)	make those accounts available for inspection by the Minister, on request, at any time during that period.
Penalty: Division 9 fine.
36—Inducements to enter a lottery
	(1)	A person who conducts a lottery (other than a major lottery or trade promotion lottery) must not offer any gift, reward or other benefit (other than the prizes in the lottery) as an inducement to enter or participate in the lottery.
Penalty: Division 9 fine.
	(2)	The person conducting a major lottery must not discount the tickets in the lottery except by offering bonus tickets to purchasers of a certain number of tickets to be specified by that person.
Penalty: Division 9 fine.
37—Unclaimed prizes
	(1)	Subject to this regulation, the person conducting a lottery (other than an exempted trade promotion lottery or a trade promotion (instant prize) lottery)—
	(a)	must keep and preserve each prize in the lottery until it is claimed by its winner, or it is disposed of in accordance with this regulation, whichever first occurs; and
	(b)	must notify the Minister in writing of any prize in the lottery that remains unclaimed three months after the drawing of the lottery or that has been sold pursuant to subregulation (4).
Penalty: Division 9 fine.
	(2)	The Minister may, on receiving a notice under subregulation (1), give written directions to the person to take such steps to dispose of any unclaimed prize, or the proceeds of the sale of any unclaimed perishable prize, as the Minister thinks fit.
	(3)	A person to whom a direction is given under subregulation (2) must comply with the direction.
Penalty: Division 9 fine.
	(4)	Where a prize is perishable and has not been delivered to or claimed by its winner by the time at which it is likely to deteriorate, the person who conducted the lottery may sell the prize and must keep the proceeds of sale until they are claimed by the winner or disposed of in accordance with a direction given under subregulation (2), whichever first occurs.
	(5)	Subject to subregulation (7), the person conducting an exempted trade promotion lottery must keep and preserve each prize in the lottery until it is claimed by its winner, or until the end of one month after the drawing of the lottery, whichever first occurs.
Penalty: Division 9 fine.
	(6)	If a prize in an exempted trade promotion lottery remains unclaimed one month after the drawing of the lottery, the person who conducted the lottery may dispose of the prize and the winner will be taken to have forfeited any right to the prize.
	(7)	Where a prize in an exempted trade promotion lottery is perishable and has not been claimed by its winner by the time at which it is likely to deteriorate, the person who conducted the lottery may dispose of the prize and the winner will be taken to have forfeited any right to the prize.
	(8)	If a prize in a trade promotion (instant prize) lottery remains unclaimed at the close of the lottery the person who conducted the lottery may dispose of the prize in such manner as the person thinks fit.
38—Duty of auditor of lottery accounts
An auditor appointed by the holder of a lottery licence to audit the accounts of a lottery in accordance with these regulations—
	(a)	must take reasonable steps to ensure that the licence holder keeps records in relation to the lottery that are sufficient to enable the auditor to carry out a proper audit of the lottery; and
	(b)	must, in carrying out an audit, audit the tickets in the lottery with a view to determining the number of tickets sold, unsold or lost; and
	(c)	must carry out the audit in sufficient time to enable the licence holder to comply with these regulations in relation to the furnishing of a financial statement in respect of the lottery; and
	(d)	must, on completing an audit, provide a certificate as to the results of the audit in the form set out in the relevant Schedule.
Penalty: Division 7 fine.
39—Offences committed by an association or corporation
Where an association or corporation is guilty of an offence against these regulations, each person who was a member of its management committee or board of directors at the time the offence was committed, and any person who was its chief executive officer at that time or who was an employee of the association or corporation responsible for the conduct of the lottery in relation to which the offence was committed, is guilty of an offence and liable to the same penalty as is prescribed for the principal offence.
39A—Fees
Fees are payable as set out in Schedule 10.
40—Transitional provisions
	(1)	An association that held a major lottery licence immediately prior to the commencement of these regulations is liable to pay the fees for the lottery to which the licence relates in accordance with the revoked regulations.
	(2)	A person who held a minor lottery licence immediately prior to the commencement of these regulations must, within one month of that commencement, comply with the requirements of regulations 9(1) and 10(10) of the revoked regulations as to the furnishing of a return and the payment of licence fees, as if—
	(a)	those regulations were still in force; and
	(b)	the minor lottery had expired on that commencement.
Penalty: Division 9 fine.
	(3)	Despite the revocation of the Trade-Promotion Lotteries Regulations 1981, as varied, those regulations continue to apply and to be enforceable in relation to a trade promotion lottery that was opened but not completed before that revocation.

Schedule 1—Application for major lottery licence
(Regulation 13)

Schedule 2—Application for bingo licence
(Regulation 13)

Schedule 3—Application for instant lottery licence
(Regulation 13)

Schedule 4—Application for trade promotion lottery licence
(Regulation 17B)

Schedule 5—Financial statement—major lottery licence
(Regulation 20)

Schedule 6—Quarterly financial statement—bingo licence
(Regulation 21)

Schedule 7—Annual financial statement—instant lottery licence
(Regulation 22)

Schedule 8—Application for instant lottery ticket supplier's licence
(Regulation 27)

Schedule 9—Quarterly financial statement—instant lottery ticket supplier's licence
(Regulation 29)

Schedule 10—Fees

1	Application for lottery licence	$5.85	
2	Application for trade promotion lottery licence—fee calculated on the basis of the total value of all prizes in the lottery as follows:		
		(a)	for a total value of not more than $500	no fee	
		(b)	for a total value of more than $500 but not more than $10 000	$110.00	
		(c)	for a total value of more than $10 000 but not more than $50 000	$400.00	
		(d)	for a total value of more than $50 000 but not more than $100 000	$700.00	
		(e)	for a total value of more than $100 000 but not more than $200 000	$1 200.00	
		(f)	for a total value of more than $200 000	$2 200.00	
	However, if the terms of the lottery provide for allocation of prizes among a number of States or Territories of the Commonwealth, the fee is to be calculated on the basis of the total value of only those prizes that are capable of being awarded to winners in this State.		
3	Application by holder of trade promotion lottery licence to Minister for variation of terms of lottery to which licence applies	$35.50	
4	Application for grant of supplier's licence	$1 192.00	
5	Application for renewal of supplier's licence	$117.00	

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Legislation revoked by principal regulations
The Lottery and Gaming Regulations 1993 revoked the following:
Lottery Regulations 1971
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1993	236	Gazette 27.10.1993 p1901	27.2.1994: r 2	
1994	178	Gazette 27.10.1994 p1322	27.10.1994: r 2	
1995	167	Gazette 3.8.1995 p377	1.9.1995: r 2	
1995	182	Gazette 31.8.1995 p642	31.8.1995: r 2	
1996	8	Gazette 11.1.1996 p120	11.1.1996: r 2	
1998	34	Gazette 23.4.1998 p1971	1.5.1998: r 2	
1999	21	Gazette 25.3.1999 p1488	6.4.1999: r 2	
1999	143	Gazette 1.7.1999 p55	1.7.1999: r 2	
2000	50	Gazette 25.5.2000 p2691	1.7.2000 except rr 4, 5, 8 & 14—1.6.2000: r 2	
2000	190	Gazette 17.8.2000 p572	17.8.2000: r 2	
2001	103	Gazette 31.5.2001 p2064	1.7.2001: r 2	
2001	268	Gazette 20.12.2001 p5666	20.12.2001: r 2	
2002	122	Gazette 20.6.2002 p2666	1.7.2002: r 2	
2002	149	Gazette 25.7.2002 p2953	25.7.2002: r 2	
2003	136	Gazette 29.5.2003 p2365	1.7.2003: r 2	
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2	
2003	256	Gazette 18.12.2003 p4583	1.3.2004: r 2 	
2004	115	Gazette 27.5.2004 p1658	1.7.2004: r 2 	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
rr 2 and 3	omitted under Legislation Revision and Publication Act 2002	1.3.2004	
r 4			
r 4(1)			
approved purposes	varied by 167/1995 r 4(a)	1.9.1995	
GST	inserted by 190/2000 r 3	17.8.2000	
GST law	inserted by 190/2000 r 3	17.8.2000	
instant lottery	varied by 8/1996 r 3(a)	11.1.1996	
	varied by 256/2003 r 4	1.3.2004	
instant prize	inserted by 34/1998 r 3(a)	1.5.1998	
lottery rules	varied by 167/1995 r 4(b)	1.9.1995	
major lottery	varied by 8/1996 r 3(b)	11.1.1996	
	varied by 34/1998 r 3(b)	1.5.1998	
minor lottery	varied by 34/1998 r 3(c)	1.5.1998	
ticket	varied by 167/1995 r 4(c)	1.9.1995	
	substituted by 34/1998 r 3(d)	1.5.1998	
trade promotion (instant prize) lottery	inserted by 34/1998 r 3(d)	1.5.1998	
trade promotion lottery	inserted by 34/1998 r 3(d)	1.5.1998	
trader	inserted by 167/1995 r 4(d)	1.9.1995	
value	substituted by 34/1998 r 3(e)	1.5.1998	
r 4(2)	varied by 167/1995 r 4(e)	1.9.1995	
Pt 2			
r 9	substituted by 167/1995 r 5	1.9.1995	
Pt 3	heading substituted by 167/1995 r 6	1.9.1995	
Pt 3 Div 1	heading inserted by 167/1996 r 6	1.9.1995	
r 13			
r 13(1)	r 13 varied and redesignated as r 13(1) by 34/1998 r 4	1.5.1998	
	varied by 50/2000 r 3	1.7.2000	
	varied by 103/2001 r 3	1.7.2001	
	varied by 122/2002 r 3	1.7.2002	
	varied by 136/2003 r 4	1.7.2003	
	(c) deleted by 115/2004 r 4	1.7.2004	
r 13(2)	inserted by 34/1998 r 4(b)	1.5.1998	
r 16			
r 16(1)	varied by 178/1994 r 3	27.10.1994	
	varied by 34/1998 r 5	1.5.1998	
	varied by 50/2000 r 4	1.6.2000	
r 17			
r 17(1) and (2)	varied by 50/2000 r 5(a), (b)	1.6.2000	
r 17(3)	varied by 50/2000 r 5(c), (d)	1.6.2000	
Pt 3 Div 2	inserted by 167/1995 r 7	1.9.1995	
r 17B			
r 17B(2)	varied by 34/1998 r 6	1.5.1998	
	varied by 21/1999 r 3(a), (b)	6.4.1999	
	varied by 103/2001 r 4	1.7.2001	
	varied by 122/2002 r 4	1.7.2002	
	varied by 136/2003 r 5	1.7.2003	
	(c) deleted by 115/2004 r 5(1)	1.7.2004	
r 17B(3)	inserted by 21/1999 r 3(c)	6.4.1999	
	deleted by 115/2004 r 5(2)	1.7.2004	
r 17CA	inserted by 21/1999 r 4	6.4.1999	
	varied by 50/2000 r 6	1.7.2000	
	varied by 103/2001 r 5	1.7.2001	
	varied by 122/2002 r 5	1.7.2002	
	varied by 136/2003 r 6	1.7.2003	
	deleted by 115/2004 r 6	1.7.2004	
r 17D	varied by 34/1998 r 7	1.5.1998	
r 17F			
r 17F(1)	deleted by 182/1995 r 3	31.8.1995	
Pt 3 Div 3	heading inserted by 167/1995 r 8	1.9.1995	
r 18			
r 18(1)	varied by 167/1995 r 9(a)	1.9.1995	
r 18(2)	varied by 167/1995 r 9(b), (c)	1.9.1995	
r 18(3)	varied by 167/1995 r 9(d)	1.9.1995	
r 18(4)	varied by 167/1995 r 9(e)	1.9.1995	
Pt 4			
r 19	varied by 34/1998 r 8	1.5.1998	
r 20	varied by 34/1998 r 9	1.5.1998	
	varied by 143/1999 r 3 (Sch cl 15)	1.7.1999	
r 21	varied by 8/1996 r 4	11.1.1996	
	varied by 34/1998 r 10	1.5.1998	
	varied by 143/1999 r 3 (Sch cl 15)	1.7.1999	
r 22	varied by 34/1998 r 11	1.5.1998	
	varied by 143/1999 r 3 (Sch cl 15)	1.7.1999	
	varied by 268/2001 r 3(a)	20.12.2001	
	(f) deleted by 268/2001 r 3(b)	20.12.2001	
r 24	varied by 178/1994 r 4	27.10.1994	
r 24A			
r 24A(1)	r 24A inserted by 167/1995 r 10	1.9.1995	
	r 24A varied and redesignated as r 24A(1) by 34/1998 r 12	1.5.1998	
	varied by 190/2000 r 4	17.8.2000	
	varied by 149/2002 r 3	25.7.2002	
r 24A(2)	inserted by 34/1998 r 12(o)	1.5.1998	
r 25			
r 25(1)	substituted by 178/1994 r 5	27.10.1994	
	varied by 167/1995 r 11(a)	1.9.1995	
r 25(3)	varied by 167/1995 r 11(b)	1.9.1995	
r 26	varied by 167/1995 r 12	1.9.1995	
Pt 5			
r 27			
r 27(1)	varied by 34/1998 r 13	1.5.1998	
r 27(2)	varied by 143/1999 r 3 (Sch cl 15)	1.7.1999	
r 28	varied by 50/2000 r 7	1.7.2000	
	varied by 103/2001 r 6	1.7.2001	
	varied by 122/2002 r 6	1.7.2002	
	varied by 136/2003 r 7	1.7.2003	
	deleted by 115/2004 r 7	1.7.2004	
r 29			
r 29(1)	varied by 34/1998 r 14	1.5.1998	
	varied by 50/2000 r 8	1.6.2000	
	varied by 256/2003 r 5(1)	1.3.2004	
	(d)(ii) and (iii) deleted by 256/2003 r 5(2)	1.3.2004	
r 30			
r 30(2)	varied by 34/1998 r 15	1.5.1998	
	varied by 143/1999 r 3 (Sch cl 15)	1.7.1999	
r 30(3)	varied by 143/1999 r 3 (Sch cl 15)	1.7.1999	
r 30(4)	varied by 167/1995 r 13	1.9.1995	
Pt 6			
r 31	varied by 167/1995 r 14	1.9.1995	
r 32	varied by 167/1995 r 15	1.9.1995	
r 33	varied by 167/1995 r 16	1.9.1995	
r 33A	inserted by 34/1998 r 16	1.5.1998	
r 34	varied by 167/1995 r 17	1.9.1995	
	varied by 143/1999 r 3 (Sch cl 15)	1.7.1999	
r 35	varied by 167/1995 r 18	1.9.1995	
r 36			
r 36(1)	r 36 varied by 167/1995 r 19	1.9.1995	
	r 36 varied and redesignated as r 36(1) by 34/1998 r 17	1.5.1998	
r 36(2)	inserted by 34/1998 r 17(b)	1.5.1998	
r 37			
r 37(1)	varied by 167/1995 r 20(a), (b)	1.9.1995	
	varied by 34/1998 r 18(a)	1.5.1998	
r 37(3)	varied by 167/1995 r 20(b)	1.9.1995	
r 37(5)—(7)	inserted by 167/1995 r 20(c)	1.9.1995	
r 37(8)	inserted by 34/1998 r 18(b)	1.5.1998	
r 38	varied by 167/1995 r 21	1.9.1995	
r 39	varied by 167/1995 r 22	1.9.1995	
r 39A	inserted by 115/2004 r 8	1.7.2004	
r 40			
r 40(2)	varied by 167/1995 r 23(a)	1.9.1995	
r 40(3)	inserted by 167/1995 r 23(b)	1.9.1995	
Sch 1	substituted by 34/1998 r 19	1.5.1998	
	varied by 50/2000 r 9	1.7.2000	
	varied by 103/2001 r 7	1.7.2001	
	varied by 122/2002 r 7	1.7.2002	
	heading substituted by 147/2003 Sch 1	12.6.2003	
	varied by 136/2003 r 8	1.7.2003	
	varied by 115/2004 r 9	1.7.2004	
Sch 1A	inserted by 167/1995 r 24	1.9.1995	
	deleted by 34/1998 r 19	1.5.1998	
Sch 2	substituted by 34/1998 r 19	1.5.1998	
	varied by 50/2000 r 10	1.7.2000	
	varied by 103/2001 r 8	1.7.2001	
	varied by 122/2002 r 8	1.7.2002	
	heading substituted by 147/2003 Sch 1	12.6.2003	
	varied by 136/2003 r 9	1.7.2003	
	varied by 115/2004 r 10	1.7.2004	
Sch 3	substituted by 34/1998 r 19	1.5.1998	
	varied by 50/2000 r 11	1.7.2000	
	varied by 103/2001 r 9	1.7.2001	
	varied by 122/2002 r 9	1.7.2002	
	heading substituted by 147/2003 Sch 1	12.6.2003	
	varied by 136/2003 r 10	1.7.2003	
	varied by 115/2004 r 11	1.7.2004	
Sch 4	substituted by 34/1998 r 19	1.5.1998	
	varied by 21/1999 r 5(a)—(c)	6.4.1999	
	varied by 103/2001 r 10	1.7.2001	
	varied by 122/2002 r 10	1.7.2002	
	heading substituted by 147/2003 Sch 1	12.6.2003	
	varied by 136/2003 r 11	1.7.2003	
	varied by 115/2004 r 12	1.7.2004	
Sch 5—see Sch 8			
Sch 5	inserted by 34/1998 r 19	1.5.1998	
	varied by 50/2000 r 12	1.7.2000	
	heading substituted by 147/2003 Sch 1	12.6.2003	
Sch 6—see Sch 9			
Sch 6	inserted by 34/1998 r 19	1.5.1998	
	varied by 50/2000 r 13	1.7.2000	
	heading substituted by 147/2003 Sch 1	12.6.2003	
Sch 7	inserted by 34/1998 r 19	1.5.1998	
	heading substituted by 147/2003 Sch 1	12.6.2003	
Sch 8	Sch 5 varied and redesignated as Sch 8 by 34/1998 r 20	1.5.1998	
	heading substituted by 147/2003 Sch 1	12.6.2003	
Sch 9	Sch 6 varied and redesignated as Sch 9 by 34/1998 r 21	1.5.1998	
	varied by 50/2000 r 14	1.6.2000	
	heading substituted by 147/2003 Sch 1	12.6.2003	
Sch 10	inserted by 115/2004 r 13	1.7.2004	
Historical versions
Reprint No 1—1.9.1995 (not including 182/1995)		
Reprint No 2—1.9.1995		
Reprint No 3—11.1.1996		
Reprint No 4—1.5.1998		
Reprint No 5—6.4.1999		
Reprint No 6—1.7.1999		
Reprint No 7—1.6.2000		
Reprint No 8—1.7.2000		
Reprint No 9—17.8.2000		
Reprint No 10—1.7.2001		
Reprint No 11—20.12.2001		
Reprint No 12—1.7.2002		
Reprint No 13—25.7.2002		
Reprint No 14—1.7.2003		
1.3.2004		

Appendix—Divisional penalties and expiation fees
At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee	
1	15 years	$60 000	—	
2	10 years	$40 000	—	
3	7 years	$30 000	—	
4	4 years	$15 000	—	
5	2 years	$8 000	—	
6	1 year	$4 000	$300	
7	6 months	$2 000	$200	
8	3 months	$1 000	$150	
9	–	$500	$100	
10	–	$200	$75	
11	–	$100	$50	
12	–	$50	$25	
Note: This appendix is provided for convenience of reference only.