LOTTERIES ACT 1964 - SECT 6 Exempt lotteries

LOTTERIES ACT 1964 - SECT 6

    (1)     For this Act, an "exempt lottery"—

        (a)     means—

              (i)     a lottery that is conducted in the course of carrying on a trade or business and in which the prizes consist of the granting of rebates, discounts or other allowances in relation to amounts payable, or the granting of refunds of amounts paid, for goods sold or services performed in the course of carrying on the trade or business; or

              (ii)     a lottery in relation to which the total value of the prizes does not exceed an amount determined by the commission; or

              (iii)     a private lottery; but

        (b)     does not include a lottery in which the prizes are, or are capable of being, drawn, thrown or competed for or gained in any other way by or by reference to the playing of an unlawful game.

    (2)     For subsection (1) (a) (ii), the amount may be—

        (a)     determined by—

              (i)     stating the amount; or

              (ii)     setting a rate, or providing a formula or other method, by which the amount is to be worked out; or

              (iii)     a combination of a stated amount and a rate, formula or other method; or

        (b)     determined for a stated period.

    (3)     A determination under subsection (1) (a) (ii) is a disallowable instrument.

Note 1     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

Note 2     Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act

, s 48).

    (4)     In this section:

"private lottery" means a lottery—

        (a)     in which chances to win prizes are restricted to persons who—

              (i)     are members of the same association or work or reside in the same premises; and

              (ii)     subscribe to the lottery, whether by the purchase of tickets or otherwise; and

        (b)     that is conducted—

              (i)     for a lottery in which chances to win prizes are restricted to persons who are members of the same association—by a person who is a member of the association and is authorised by the governing body of the association to conduct the lottery; or

              (ii)     for a lottery in which chances to win prizes are restricted to persons who work or reside in the same premises—by a person who works or resides in those premises; and

        (c)     in which the same amount is payable for each chance to win a prize and, for a lottery to which subscriptions are made by the purchase of tickets, the amount so payable is specified on each ticket; and

        (d)     in which each subscriber contributes the full amount payable for each of the subscriber's chances and does not receive a refund of the whole or any part of the subscriber's contributions; and

        (e)     that is not advertised except—

              (i)     for a lottery in which chances to win prizes are restricted to persons who are members of the same association—by the exhibition of a notice at premises of the association; or

              (ii)     for a lottery in which chances to win prizes are restricted to persons who work or reside in the same premises—by the exhibition of a notice at those premises; and

        (f)     in which tickets are not sent to subscribers through the post; and

        (g)     in which the proceeds of subscriptions to the lottery, after payment of any expenses incurred in printing tickets for the lottery, are used wholly and exclusively—

              (i)     for a lottery in which chances to win prizes are restricted to persons who work or reside in the same premises—for the provision of prizes; or

              (ii)     for a lottery in which chances to win prizes are restricted to persons who are members of the same association—for the provision of prizes and for the purposes of the association.