South Australian Consolidated Acts

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LOTTERY AND GAMING ACT 1936 - SECT 14B

14B—Regulations

        (1)         The Governor may make regulations—

            (a)         prescribing the lotteries or classes of lotteries for the conduct of which licences may be granted under this Act; and

            (b)         providing for the granting and refusal of such licences by the Chief Secretary or any person nominated by him; and

            (c)         prescribing the persons, associations or organisations or classes of persons, associations or organisations or groups of persons, associations or organisations to whom or to which licences or any classes of licences for the conduct of lotteries may be granted under this Act; and

            (d)         prescribing the conditions under or subject to which any such licence may be granted; and

            (e)         providing for the cancellation of a licence upon breach of a condition under or subject to which the licence was granted; and

            (f)         prescribing and providing for the payment of fees for any licence or class of licence for any authorised lottery or class of authorised lottery or for any application for any licence or class of licence under this Act or for any other application under the regulations; and

            (g)         prescribing the duties and obligations to be performed and discharged by licensees and their agents and servants; and

            (h)         providing for the furnishing by the promoters of a lottery or class of lottery of such security as may be prescribed for the due performance of the conditions under or subject to which any licence is granted under this Act and of the duties and obligations to be performed by licensees or any of them; and

                  (i)         prescribing the nature and amount of such security; and

            (j)         declaring that a specified lottery, or lotteries of a specified class are, provided that conditions stipulated in the regulations are fulfilled, exempted lotteries and making any provision with respect to the conduct, advertisement or promotion of an exempted lottery; and

            (k)         providing for a penalty not exceeding $2 500 on conviction by a court of summary jurisdiction for a breach of or failure to comply with any provision of a regulation.

        (2)         Without limiting the generality of the application of paragraph (d) of subsection (1) of this section, a condition that may be prescribed under that paragraph may be a condition precedent or a condition subsequent to the granting of a licence.

        (3)         The Governor may, in a regulation prescribing a fee for a licence to conduct a lottery, fix the amount of the fee by reference to a specified percentage of—

            (a)         the aggregate of all or part of the money paid for the right to participate in the lottery; or

            (b)         the total value of all or some of the prizes in the lottery; or

            (c)         in the case of an instant lottery licence—the total face value of instant lottery tickets purchased by the licensee.

        (4)         The Governor may, in a regulation prescribing a fee for a licence to conduct a lottery, exempt a person, or a class of persons, specified in the regulation from the payment of the whole or a part of that fee.

        (5)         A regulation under this section may be of general, limited or varied application according to any specified factor to which the regulation is expressed to apply.



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