GAMING AND WAGERING COMMISSION ACT 1987 - SECT 104
GAMING AND WAGERING COMMISSION ACT 1987 - SECT 104
104 . Permits for lotteries; duties of holders of permit for standard lottery
(1) A permit
authorising the conduct of a lottery may be issued —
(a)
where the Commission is satisfied that it is not to be conducted for the
purposes of private gain or any commercial undertaking; or
(b) for
a trade promotion lottery that does not comply with the conditions referred to
in section 102.
(1a) A permit may be
issued for a continuing lottery, in support of religious or charitable
purposes or the promotion or advancement of social welfare including sports or
games and cultural or public recreational activities, for a period not
exceeding 12 months.
(1b) A permit for a
continuing lottery shall not be issued to a person who is a licensed supplier
within the meaning of section 3(1).
(1c) A permit for a
standard lottery of the kind generally known or described as a calcutta shall
be issued only to a race club or an approved club.
(2) A person applying
for a permit authorising a standard lottery shall furnish to the Commission
evidence satisfactory to the Commission as to —
(a) the
proposed opening date and closing date and date of drawing; and
(b) the
locality in which tickets or chances are to be offered for sale or in which
subscriptions may be received; and
(c) the
purpose for which the standard lottery is to be conducted; and
(d) the
total number of tickets or chances to be offered for sale, or the total number
of subscriptions proposed to be called for; and
(e) the
price of each ticket, chance or subscription; and
(f) the
total amount of the prize money or other prizes proposed to be distributed or
offered in the standard lottery; and
(g) such
other matters as may be prescribed or as are required by the Commission.
(3) With respect to a
standard lottery —
(a) the
permit holder shall keep in such form as may be prescribed a book regularly
and promptly posted up, showing a true and accurate account of the receipt and
disposal of all property received and disposed of in connection with the
standard lottery; and
(b) all
accounts and other books, tickets, butts of tickets, vouchers and things
relating to the standard lottery shall at all times be kept readily accessible
by the permit holder for inspection or audit as provided by this Act; and
(c) the
permit holder shall within 30 days after the date of drawing of the standard
lottery furnish to the Commission a true and accurate account of the receipt
and disposal of all property in the conduct of the standard lottery; and
(d)
notwithstanding that on the closing date the standard lottery is not filled or
fully subscribed, the standard lottery shall be closed on that date and
thereafter shall be drawn, but may be drawn on a pro rata basis; and
(e) the
Commission may at any time and from time to time permit the permit holder to
postpone the closing date of the standard lottery for such period as the
Commission may determine and the permit holder shall postpone the date of
drawing in accordance with the determination; and
(ea) the
permit holder shall ensure that every ticket or chance sold or subscription
received is included in the drawing of a standard lottery; and
(eb)
subject to any postponement of the closing date under paragraph (e), the
permit holder shall ensure that the drawing of a standard lottery takes place
within the prescribed period after the closing date of the lottery; and
(f)
unless paragraph (e) applies, the closing date shall be not more than 3 months
from the opening date; and
(g)
every ticket and every notice or advertisement of the lottery shall specify
the name of the permit holder, the body on behalf of which or the purposes for
which it is conducted (as the Commission may require), and the closing date;
and
(h) the
price of every ticket, chance or subscription shall be the same, and shall be
stated on the ticket; and
(j) no
person shall be permitted to participate except after payment of the whole
price of the ticket, chance or subscription; and
(k) no
money received for or on account of a ticket, chance or subscription shall be
returned unless the Commission has given the permit holder notice in writing
authorising the return of the money.
(4) A permit holder
who fails to comply with subsection (3)(ea) or (eb) commits an offence.
Penalty for this subsection: a fine of $1 000.
(5) A person who
returns any money contrary to subsection (3)(k) commits an offence.
Penalty for this subsection: a fine of $1 000.
[Section 104 amended: No. 24 of 1998 s. 62; No. 6
of 2000 s. 14; No. 41 of 2018 s. 25(1).]