New South Wales Consolidated Acts

LOTTERIES AND ART UNIONS ACT 1901 - SECT 4

4 Certain charitable and non-profit organisations authorised to conduct lotteries

(1) In this section:
"Lottery" means the disposition of prizes by lot but does not include a lottery conducted by means of a chocolate wheel or a game of chance or the method of disposing of prizes by the game known as “Housie” or “Lucky Envelopes” or any game or method of disposing of prizes prescribed by regulations made under this Act.
"Non-profit organisation" means an organisation not formed or conducted for private gain.

(2) The provisions of section 3 do not apply so as to prohibit the conduct of a lottery, if:

(a) the lottery is conducted by or under the authority of a non-profit organisation, and

(b) the conditions specified in subsection (3) are complied with in respect of the conduct of the lottery.

(3) The conditions referred to in paragraph (b) of subsection (2) are:

(a) that the total value of the prizes in any one lottery shall not exceed the prescribed amount,

(b) that the lottery is conducted for the purpose of raising funds in aid of the non-profit organisation by which the lottery is conducted or authorised,

(c) that the amount of money awarded as a prize in any one lottery does not exceed the amount prescribed by the regulations,

(c1) that any spending money awarded in conjunction with a prize comprising tickets for a tour or journey does not exceed the amount, or the proportion of the total value of the prize, prescribed by the regulations,

(d) that no prize in the lottery consists of or includes a prohibited prize,

(e) that the whole of the profits, or not less than the proportion of the gross proceeds prescribed by the regulations, of the lottery (whichever is the greater) are paid into the funds of the non-profit organisation, and

(f) that any regulations made under this Act and relating to the lottery or any function or device or scheme held or used in conjunction therewith are complied with.

(4) Upon an application made to the Minister within twenty-one days after the conclusion of any lottery referred to in subsection (2), the Minister may, if the Minister is satisfied that circumstances of an unusual nature arose in connection with the conduct of the lottery, by writing under the Minister’s hand, determine, in relation to that lottery, that a proportion less than the proportion prescribed by the regulations for the purposes of subsection (3) (e) is to be paid into the funds of the non-profit organisation.

(5) An application under subsection (4) shall be made by the person in the manner and within the time prescribed by regulations made under this Act.