LOTTERIES ACT 1964 - SECT 6A Exempt lotteries—conditions

LOTTERIES ACT 1964 - SECT 6A

    (1)     An exempt lottery is subject to the following conditions:

        (a)     each ticket or entry in the lottery must have an equal chance of winning;

        (b)     the winning ticket or entry, and, if available, the identity of the person who holds the winning ticket or entry, must be recorded by the person conducting the lottery;

        (c)     the person conducting the lottery must—

              (i)     make the results of the lottery available to subscribers; and

              (ii)     if the identity of a person who holds the winning ticket or entry is known—tell the person the results of the lottery;

Example—par (c) (i)

Publishing the winning ticket number in a newsletter or on a website.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

        (d)     a person who wins a prize must not be charged a fee when the person receives the prize;

Examples—fee

              •     an administrative fee

              •     a delivery fee

        (e)     the person conducting the lottery must not conduct the lottery or advertise the lottery in a way that, having regard to the lottery participants, could be considered inappropriate or offensive;

Example—par (e)

A raffle targeted at children and young people that offers a cosmetic surgery procedure as the prize.

        (f)     for a lottery with 2 or more prizes—the major prize must be drawn first, unless a winning ticket or entry is eligible to win another prize;

        (g)     the person conducting the lottery must do everything reasonably necessary to ensure that a person entitled to a prize in the lottery receives the prize;

        (h)     if a prize is not claimed within a reasonable period, taking into account the nature of the prize, the person conducting the lottery must draw another winning ticket or entry.

Examples—nature of the prize

              •     perishable food with a ‘use by' date

              •     tickets to an event that occurs soon after the lottery is drawn

    (2)     For subsection (1) (b) and (c) (ii), the person conducting the lottery must take reasonable steps to identify a person who holds a winning ticket or entry.

    (3)     A lottery that is exempt under section 6 (1) (a) (ii) is also subject to any condition determined by the commission.

Note     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)     A determination is a disallowable instrument.

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

.