South Australian Consolidated Acts

LOTTERY AND GAMING ACT 1936 - SECT 4

4—Interpretation

In this Act, except where the subject matter or context or some other provision requires a different construction—

"authorised lottery" means a lottery for the conduct of which a licence granted under this Act is in force;

"bet" or "make a bet" means—

            (a)         make or negotiate a bet whether by spoken word, writing, signal, gesture or any other direct or indirect means and whether with or for money or any valuable thing or by cash or under any credit arrangement; or

            (b)         receive, pay or give money or any valuable thing in connection with a bet; or

            (c)         settle a bet,

and "betting" shall have a corresponding meaning;

"bookmaker" includes a bookmaker's agent;

"exempted lottery" means a lottery declared by regulation to be an exempted lottery;

"instant lottery ticket" means a lottery ticket—

            (a)         that is sealed or in some other way conceals the number, letter or symbol giving rise to the winning chance; and

            (b)         that is realisable immediately after its purchase by the participant in the lottery,

but does not include a lottery ticket printed by or on behalf of the Lotteries Commission of South Australia;

"loiter" means to idle or linger about;

"lottery" means a scheme, competition or device for the sale, gift, disposal or distribution of property, real or personal, or money, or any thing or any right thereto or of any share therein depending upon, or to be determined by, lot or drawing, whether out of a box or other receptacle, or by cards, token, coin or dice, or by any machine, ticket, envelope or device or chance whatsoever; and includes a scheme, competition or device for the sale, gift, disposal or distribution of property, real or personal, or money or any thing or any right thereto or of any share therein where—

            (a)         entitlement to participation in the scheme, competition or device depends upon the payment of money, the purchase of a ticket or the giving of some other valuable consideration by the participant; and

            (b)         such disposal or distribution depends, at any stage of the scheme, competition or device, upon an element of chance, notwithstanding that such disposal or distribution also depends, at some stage of such scheme, competition or device, upon a genuine or purported display of knowledge or skill;

and also includes any sweepstakes;

"lottery inspector", or" inspector", means a person authorised in writing by the Minister to exercise the powers of a lottery inspector under Part 4;

"occupier" in relation to occupiers of any house, office, room, or place used for a purpose forbidden by this Act means the owner, occupier, or keeper of any house, office, room, or place, or any person using the same, or any person procured or employed by or acting for or on behalf of the owner, occupier, or keeper, or person using the same, or any person having the care or management, or in any manner conducting the business thereof;

"place" means any house, office, room, tent, ship, building, erection, road, street, thoroughfare, alley, right-of-way (either public or private), and all land (whether public or private) enclosed or otherwise;

"public place" means—

            (a)         every public place; and

            (b)         every place to which the public are permitted to have access tacitly or otherwise and whether upon payment of money or not; and

            (c)         any premises in respect of which a licence granted under the Licensing Act 1967 , as amended, is in force; and

            (d)         any shop, and any part of a building occupied in connection with, or for the purposes of, a shop; and

            (e)         any factory, and the appurtenances of any factory; and

            (f)         any building or place occupied by any club (whether a racing club or not), and the appurtenances thereof; and

            (g)         any place commonly used by the public whether as trespassers or otherwise;

"street" means every public street, thoroughfare, private street, or road commonly used by or to which the public are permitted to have access;

"sweepstakes" means a scheme under which money is paid into a pool the whole or part of which is distributed as prizes to those persons who have drawn, or have acquired from the drawer, the winning chances (according to the terms of the scheme) arising out of the results of a race, game or other sporting event conducted within or outside the State;

"trade-promotion lottery" means a lottery conducted with a view to promoting the sale of goods or services;

"unlawful gaming" means—

            (a)         the playing at or engaging in any game with cards or other instruments, or with money, in or as the result of which game any person or persons derives or is intended to derive (other than in his capacity as a player) any part or percentage of any money or thing played for, staked, or wagered; and

            (b)         any contravention of or failure to observe any provision of this Act, whether that provision relates to unlawful gaming as hereinbefore defined or not.