Australian Capital Territory Consolidated Acts

LOTTERIES ACT 1964 - SECT 6

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

        (a)     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 that trade or business; or

        (b)     a lottery in relation to which—

              (i)     the total value of the prizes does not exceed an amount determined in writing by the commission; and

              (ii)     the proceeds of the subscriptions, after payment of any expenses incurred in printing tickets and purchasing prizes, are used wholly and exclusively for charitable purposes; or

        (c)     a private lottery;

other than a lottery the prizes of which 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)     A determination under subsection (1) (b) (i) is a disallowable instrument.

Note       A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001 .

    (3)     For subsection (1), a private lottery is 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 his or her chances and does not receive a refund of the whole or any part of his or her 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.