lottery includes any scheme or device for the gift, disposal or distribution of prizes depending upon or to be determined by lot or drawing (whether out of a box or other receptacle) or to be determined by any manner of chance whatsoever (whether or not an element of knowledge or skill is also involved); 

南澳大利亚州（简称：南澳洲，South Australia，SA），是澳大利亚面积第四大州，昵称“节日之州”（Festival State)，是澳大利亚大陆唯一一个与所有的州和领地接壤的州。首府阿德莱德。总面积1,043,514平方公里，陆地面积983,482平方公里。人口1,584,500（2007），占澳大利亚总人口的10％左右。

 

South Australia

State Lotteries Act 1966

An Act to provide for the promotion and control of lotteries by the Government of the State; and for other purposes.

Contents

1            Short title

3            Interpretation

4            Constitution of the Commission

5            Terms of office of members of the Commission

6            Temporary appointments

7            Suspension or removal from office of member

8            Vacancies in offices of members

9            Quorum

11          Validity of acts of Commission

12          Remuneration of members

13          Powers and functions of Commission

13AA    Special lotteries

13AB     Special appeal lotteries

13A       Borrowing and investment powers of Commission

13B       Advertising code of conduct

13C       Responsible gambling code of practice

13D       Review and alteration of codes

13E        Codes of practice and alterations to codes disallowable by Parliament

14          Subscribers and other persons to be free from penalties etc

16          The Lotteries Fund

16A       Recreation and Sport Fund

16AB     Hospitals Fund

16B       Unclaimed prizes

16C       Unclaimed Prizes Reserve

16D       Ex gratia payments

17          Value of prizes to be offered

17A       Instant lottery tickets

17B       Minors not to participate in lotteries

18          Rules of Commission as to its practices, procedures and operations

18AA    Appeals

18A       Accounts and audit

18B       Annual report

19          Offences

20          Regulations

Legislative history

The Parliament of South Australia enacts as follows:

1—Short title

This Act may be cited as the State Lotteries Act 1966.

3—Interpretation

     (1)     In this Act, unless the context otherwise requires—

Australian lotteries body means—

     (a)     a body performing a function corresponding to that of the Commission, constituted under the law of another State or Territory of the Commonwealth; or

     (b)     a body declared by the Minister by notice in the Gazette to be included within the ambit of this definition;

Authority means the Independent Gambling Authority established under the Independent Gambling Authority Act 1995;

foreign lotteries body means—

     (a)     a body performing a function corresponding to that of the Commission, constituted under the law of a jurisdiction outside of the Commonwealth; or

     (b)     a body declared by the Minister by notice in the Gazette to be included within the ambit of this definition;

lottery includes any scheme or device for the gift, disposal or distribution of prizes depending upon or to be determined by lot or drawing (whether out of a box or other receptacle) or to be determined by any manner of chance whatsoever (whether or not an element of knowledge or skill is also involved);

member means member of the Commission and includes an acting member of the Commission;

net proceeds of a sports lottery, special lottery or special appeal lottery conducted by the Commission, means an amount equal to the difference between the total value of the tickets sold in the lottery and the total value of the prizes won in the lottery less an amount approved by the Minister for the administrative and operating expenses of the Commission in conducting the lottery;

presiding member means the presiding member of the Commission and includes the acting presiding member of the Commission;

prize, in relation to a lottery, means any money or thing of value, or any right to or share in any money or thing of value, provided for gift, disposal or distribution to persons entering the lottery;

special appeal lottery—see section 13AB;

special lottery—see section 13AA;

sports lottery means a lottery the results of which depend on the outcome of a sporting or recreational activity;

the Commission means the Lotteries Commission of South Australia constituted pursuant to this Act;

the Hospitals Fund means the fund of that name kept at the Treasury and continued in existence under this Act;

the Lotteries Fund means the account of that name kept by the Commission pursuant to this Act;

the Recreation and Sport Fund means the fund of that name kept at the Treasury and continued in existence under this Act;

the rules of the Commission means rules made by the Commission pursuant to section 18;

ticket, in relation to a lottery, means a ticket, coupon, token or other thing sold or issued by the Commission to a person entering the lottery and by reference to which entitlement to any prize or prizes in the lottery may be determined.

     (2)     A reference in this Act to a lottery promoted or conducted by the Commission includes a lottery promoted or conducted by the Commission jointly with—

     (a)     an Australian lotteries body; or

     (b)     a foreign lotteries body.

     (3)     For the purposes of this Act, a reference to money received by the Commission, net gambling revenue, net proceeds or prize in relation to a lottery or lotteries will, in the case of a lottery conducted by the Commission jointly with another body, be taken to be a reference to the part of the money, revenue, proceeds or prize that is related to the Commission's functions under this Act relating to the lottery.

     (4)     The Minister may, by notice in the Gazette—

     (a)     declare a body to be included within the ambit of the definition of Australian lotteries body; or

     (b)     declare a body to be included within the ambit of the definition of foreign lotteries body; or

     (c)     vary or revoke a declaration under this subsection.

4—Constitution of the Commission

     (1)     The Lotteries Commission of South Australia is established.

     (2)     The Commission—

     (a)     is a body corporate with perpetual succession and a common seal; and

     (b)     subject to this Act, is capable of acquiring, taking or letting out on lease, holding, selling and otherwise disposing of real and personal property; and

     (c)     may in its name sue and be sued; and

     (d)     holds its property for and on behalf of the Crown; and

     (e)     has the powers, duties, functions and authorities conferred, imposed or prescribed by or under this Act.

     (3)     The Commission is subject to the direction and control of the Minister.

     (4)     All courts and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to any document and shall presume that it was duly affixed.

     (5)     Subject to this Act, the Commission will consist of not less than 3 nor more than 5 members appointed by the Governor, of whom one will be nominated by the Governor as the presiding member of the Commission.

     (8)     The office of member of the Commission may be held in conjunction with any other appointment or office under the Government.

5—Terms of office of members of the Commission

     (1)     A member will be appointed for a term of office not exceeding five years determined by the Governor.

     (2)     On the expiration of his or her term of office as a member, a person will be eligible for re‑appointment.

6—Temporary appointments

In the case of the illness, suspension or absence of any member the Governor may appoint a person to act for the member during such illness, suspension or absence, and a person so appointed will, while so acting, be taken to be a member of the Commission and will have all the powers, authority, responsibilities, duties and obligations of the member for whom the person is acting.

7—Suspension or removal from office of member

The Governor may, by notice in writing served on a member, suspend the member from office for any period not exceeding the balance of his or her term of office, or remove the member from office, on grounds of misconduct or incapacity to perform his or her duties or functions as a member.

8—Vacancies in offices of members

     (1)     The office of a member shall become vacant if—

     (a)     the member dies; or

    (ab)    the member's term of office expires; or

     (b)     the member resigns by written notice given to the Minister; or

     (c)     the member is removed from office by the Governor pursuant to section 7; or

     (d)     the member is absent without leave of the Minister from four consecutive meetings of the Commission; or

     (e)     the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with the member's creditors for less than one hundred cents in the dollar; or

     (f)     the member is convicted of any indictable offence; or

     (g)     the member is convicted of any other offence and receives a notice in writing from the Minister discharging the member from office on the ground of that conviction.

     (2)    Upon the office of a member becoming vacant, a person will be appointed in accordance with this Act to the vacant office, but where the office of a member becomes vacant before the expiration of the term for which the member was appointed, a person appointed to fill the vacancy will hold office for the balance of the term of his predecessor.

9—Quorum

     (1)     The common seal of the Commission must not be affixed to any instrument except in pursuance of a resolution of the Commission, and the affixing of the seal must be attested by the signatures of any two members.

     (2)     The procedure for the calling of meetings of the Commission and for the conduct of business at such meetings will, subject to any directions that may be given by the Minister, be as determined by the Commission.

    (2a)    A quorum at a meeting of the Commission is constituted—

     (a)     if the number of members for the time being is five or four, by three members; and

     (b)     if the number of members for the time being is three, by two members.

     (3)     The members present at any duly convened meeting at which a quorum is present are competent to transact any business of the Commission and have and may exercise and discharge all the powers, duties, functions and authorities of the Commission.

     (4)     The presiding member must preside at any meeting of the Commission at which he or she is present and, in his or her absence from a meeting, the members present at that meeting must elect one of their number to be the presiding member for that meeting and the person so elected must preside at such meeting and exercise the powers and perform the duties of the duly appointed presiding member.

     (5)     A decision carried by a majority of the votes cast by the members present at a meeting of the Commission is a decision of the Commission.

     (6)     Each member is entitled to one vote on a matter arising for decision by the Commission and the person presiding at the meeting will, in the event of an equality of votes, have a second or casting vote.

     (7)     The Commission must cause accurate minutes to be kept of the business conducted at meetings of the Commission.

11—Validity of acts of Commission

No act, proceeding or determination of the Commission is invalid on the ground only of any vacancy in the office of any member or of any defect in the appointment of any member.

12—Remuneration of members

A member of the Commission is to be paid out of the Lotteries Fund, such fees or other remuneration as may from time to time be fixed by the Governor and is also entitled to receive out of such Fund such travelling and other expenses as are from time to time approved by the Minister.

13—Powers and functions of Commission

     (1)     Subject to this Act and the directions of the Minister not inconsistent with this Act, the Commission may—

     (a)     promote and conduct lotteries; and

    (ab)    promote and conduct lotteries jointly with an Australian lotteries body; and

    (ac)    with the approval of the Minister, promote and conduct lotteries jointly with a foreign lotteries body; and

     (b)     employ, or appoint, on such terms and conditions as it thinks fit, and terminate the services of, officers, servants and agents; and

     (c)     delegate to any officer of the Commission any of the powers, duties, functions and authorities of the Commission except this power of delegation; and

    (ca)    carry out such other functions as are assigned to it by this Act or by or under any other Act; and

    (cb)    carry out such other functions as are assigned to it by the Minister; and

     (d)     do or cause to be done such other things as are necessary or convenient for the administration of this Act or the affairs of the Commission or to give effect to the objects of this Act.

     (2)     The Commission may, or, if so required by the Minister, must, at any time, revoke any delegation made pursuant to paragraph (c) of subsection (1).

     (3)     The Commission may, with the approval of the Minister, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.

     (4)     The Commission is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.

13AA—Special lotteries

The Minister may direct the Commission to conduct as part of its lotteries for a specified financial year a series of lotteries to be known as special lotteries.

13AB—Special appeal lotteries

     (1)     The Minister may direct the Commission to conduct in a specified financial year a lottery or lotteries to be known as special appeal lotteries.

     (2)     The Minister must specify a body or bodies established or incorporated in the State for an approved purpose to be the beneficiary or beneficiaries of the net proceeds of each special appeal lottery.

     (3)     The Minister may specify a period of not less than 1 month within which prizes in a special appeal lottery must be collected or taken delivery of for the purposes of section 16B(1).

     (4)     If more than 1 body is specified as a beneficiary under subsection (2) in relation to a special appeal lottery, the Minister must specify the proportion of the net proceeds of, and the unclaimed prizes in, the lottery to which each body is entitled, and any payments to be made to the bodies under this Act must be divided between the bodies in those proportions.

     (5)     The Commission must, on each ticket in a special appeal lottery, specify the proportion of the net proceeds of the lottery that is to be paid to the beneficiaries of the lottery.

     (6)     In this section—

approved purpose means—

     (a)     the relief of disabled, sick, homeless, unemployed or otherwise disadvantaged persons, or the dependants of such persons; or

     (b)     the relief of distress caused by natural disaster, war or civil unrest (whether occurring in the State or elsewhere); or

     (c)     the provision of welfare services for animals; or

     (d)     the support of medical or other scientific research that is likely to benefit South Australians; or

     (e)     any other purpose approved by the Minister.

13A—Borrowing and investment powers of Commission

     (1)     For the purpose of the exercise of its powers or the performance of its functions the Commission may borrow money from the Treasurer, or with the consent of the Treasurer, from any person.

     (2)     Any liability incurred with the consent of the Treasurer referred to in subsection (1) is hereby guaranteed by the Treasurer.

     (3)     Any liability incurred by the Treasurer under a guarantee arising by virtue of subsection (2) is to be satisfied out of the Consolidated Account, which is appropriated to the necessary extent.

     (4)     Any money held by the Commission that is not immediately required for any other purpose may be invested by the Commission in such manner as may be approved by the Treasurer.

13B—Advertising code of conduct

The Commission must—

     (a)     adopt a code of practice on advertising approved by the Authority; and

     (b)     ensure that advertising by the Commission conforms with the code of practice approved under this section.

13C—Responsible gambling code of practice

The Commission—

     (a)     must adopt a code of practice approved by the Authority dealing with—

     (i)     the display of signs, and the provision of information, at offices, branches and agencies of the Commission relating to responsible gambling and the availability of services to address problems associated with gambling; and

     (ii)     the provision of training of staff relating to responsible gambling and the services available to address problems associated with gambling; and

    (iii)    any other matters designed to reduce the incidence of problem gambling determined by the Authority; and

     (b)     must ensure that, in the performance of its functions, the Commission conforms with the code of practice approved under this section.

13D—Review and alteration of codes

     (1)     The Authority must, in consultation with the Commission, review the codes of practice referred to in this Act at least every 5 years.

     (2)     The Authority must seek and consider written submissions from the public when reviewing a code of practice under subsection (1).

     (3)     The Authority may, by written notice to the Commission, require a code of practice referred to in this Act to be altered as set out in the notice.

     (4)     Before the Authority makes a requirement under subsection (3), the Authority must, unless it considers it contrary to the public interest to do so—

     (a)     give written notice to the Commission of the proposed requirement; and

     (b)     consider any representations made by the Commission about the proposed requirement within 28 days after the notice is given or a longer period allowed in the notice.

     (5)     The Commission must ensure that all alterations required to be made under subsection (3) are made in accordance with the notice given under that subsection.

13E—Codes of practice and alterations to codes disallowable by Parliament

     (1)     On approving a code of practice under this Act or requiring an alteration to be made to a code in accordance with this Act, the Authority must forward a copy of the code or alteration to the Minister.

     (2)     The Minister must cause a copy of the code or alteration to be laid before both Houses of Parliament as soon as practicable after receiving it.

     (3)     Sections 10 and 10A of the Subordinate Legislation Act 1978 apply to a code, or an alteration to a code, laid before Parliament under this section as if it were a regulation within the meaning of that Act.

     (4)     A code of practice or alteration to a code of practice may provide for the whole or any part of the instrument to come into operation on the day on which it is adopted by the Commission or on a later day, or days, specified in the instrument.

14—Subscribers and other persons to be free from penalties etc

     (1)     Despite any other Act or law—

     (a)     the promotion and conduct of any lottery under and in accordance with this Act and the doing of anything incidental or ancillary to such promotion and conduct is lawful; and

     (b)     any person who subscribes or contributes to, or purchases a ticket in, any such lottery or who acts under the authority or on behalf of such a subscriber, contributor or purchaser and any person who acts under the authority or on behalf of the Minister or the Commission under this Act or who carries out any duties or functions in relation to or in connection with the promotion or conduct of a lottery under this Act is freed and discharged from all penalties, suits, prosecutions and liabilities to which by law the person would be liable, but for this Act, by reason of so subscribing, contributing, purchasing or acting or so carrying out such duties or functions, as the case may be.

     (2)     A lottery promoted or conducted under this Act by the Commission will be taken not to be a lottery or a sweepstake within the meaning of the Lottery and Gaming Act 1936 and the subscription or contribution to, or the purchase of a ticket in, any such lottery or the doing of anything under the authority or on behalf of the Minister or the Commission under this Act or the carrying out of any duties or functions in relation to or in connection with the promotion or conduct of a lottery by the Commission will be taken not to be unlawful gaming within the meaning of that Act.

16—The Lotteries Fund

     (1)     The Commission must establish an account to be known as the "Lotteries Fund" at an ADI in this State, being an account and ADI approved by the Treasurer.

     (2)     The Commission must pay into the Lotteries Fund all money received by the Commission.

     (3)     The Lotteries Fund must be applied by the Commission as follows:

     (a)     in payment of prizes in lotteries and for the purpose of holding money in reserve for the payment of prizes in lotteries; and

     (b)     in payment of the GST in respect of net gambling revenue; and

     (c)     in payment to the Recreation and Sport Fund of 41 per cent of net gambling revenue in respect of all sports lotteries and special lotteries conducted by the Commission; and

    (ca)    in payment to the body or bodies specified by the Minister under section 13AB(2) as the beneficiary or beneficiaries of a particular special appeal lottery of—

     (i)     an amount equal to the net proceeds in respect of the special appeal lottery less the GST paid or payable in respect of the lottery; and

     (ii)     the amount of any unclaimed prizes in respect of the lottery; and

     (d)     in payment to the Hospitals Fund of 41 per cent of net gambling revenue in respect of all lotteries conducted by the Commission except sports lotteries, special lotteries and special appeal lotteries; and

     (e)     in payment of amounts approved by the Minister for the capital, administrative and operating expenses of the Commission; and

     (f)     for the purposes of the Unclaimed Prizes Reserve under section 16C; and

     (g)     in payment to the Recreation and Sport Fund, at intervals determined by the Treasurer, of an amount equivalent to the net proceeds of all sports lotteries and special lotteries conducted by the Commission less—

     (i)     the GST paid or payable in respect of those lotteries; and

     (ii)     the amounts paid or payable in respect of those lotteries under paragraph (c); and

     (h)     in payment to the Hospitals Fund, at intervals determined by the Treasurer, of that part of the Fund not required for the purposes of the other paragraphs of this subsection or for the purposes of subsection (4).

     (4)     The Commission may retain in the Lotteries Fund such amounts as are approved by the Minister as being reasonably required for future capital, administrative and operating expenses of the Commission.

     (5)     In this section—

GST means the tax payable under the GST law;

GST law means—

     (a)     A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and

     (b)     the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things;

net gambling revenue means the total amount subscribed or contributed to, or paid for the purchase of tickets in, a lottery conducted by the Commission less the total amount of the prizes paid in respect of the lottery.

16A—Recreation and Sport Fund

     (1)     The Fund entitled the Recreation and Sport Fund established at the Treasury will continue in existence under that name.

     (2)     The Recreation and Sport Fund may be used to support and develop such recreational and sporting facilities and services within the State as are approved by the Minister who is responsible for matters relating to recreation and sport in this State.

16AB—Hospitals Fund

     (1)     The Fund entitled the Hospitals Fund established at the Treasury will continue in existence under that name.

     (2)     The Hospitals Fund may only be used for the provision, maintenance, development and improvement of public hospitals and equipment for public hospitals by making payments as approved by the Treasurer to the Consolidated Account to match amounts appropriated by Parliament and paid from the Consolidated Account for those purposes.

16B—Unclaimed prizes

     (1)    If a prize in a lottery has not been collected or taken delivery of within 12 months (or, in the case of a special appeal lottery, such shorter period as may be specified by the Minister under section 13AB(3)) of the relevant day, the prize is forfeited to the Commission.

     (2)     For the purposes of this section—

     (a)     if a cheque has been issued by the Commission in payment of a prize in a lottery, the prize will not be regarded as having been collected or taken delivery of if the cheque has not been presented for payment; and

     (b)     a reference to the relevant day is—

     (i)     in relation to a lottery where the winning entries in the lottery are determined on the same day according to some procedure carried out by or on behalf of the Commission—a reference to the day on which the winning entries are so determined; or

     (ii)     in relation to any other lottery—a reference to the day determined under the rules of the Commission applying in relation to the lottery to be the relevant day for the purposes of this section.

     (4)     For the purposes of this section, a reference to a prize being collected or taken delivery of includes, in the case where a prize is to be paid in installments, the collection or taking delivery of the first installment.

16C—Unclaimed Prizes Reserve

     (1)     The Commission must establish a reserve in the Lotteries Fund entitled the Unclaimed Prizes Reserve.

     (2)     On a prize being forfeited to the Commission (other than a prize in a special appeal lottery), the Commission must transfer the amount of the prize into the Unclaimed Prizes Reserve.

     (3)     The Unclaimed Prizes Reserve consists of—

     (a)     the amount held in the Lotteries Fund at the commencement of this section by way of unallocated forfeited prize money; and

     (b)     amounts transferred under subsection (2).

     (4)     The money held in the Unclaimed Prizes Reserve will be applied by the Commission as follows:

     (a)     of the amount held in the Reserve by way of amounts transferred under subsection (2)—

     (i)     50 per cent of the amount derived from unclaimed prizes in sports lotteries or special lotteries will, at intervals determined by the Treasurer, be paid into the Recreation and Sport Fund; and

     (ii)     50 per cent of the amount derived from unclaimed prizes in other lotteries will, at intervals determined by the Treasurer, be paid into the Hospitals Fund; and

     (b)     the balance in the Reserve will be applied by the Commission from time to time for the purposes of—

     (i)     providing additional or increased prizes in a subsequent lottery or lotteries conducted by the Commission; or

     (ii)     providing prizes in promotional lotteries conducted by the Commission; or

    (iii)    making ex gratia payments under section 16D.

     (5)     If an ex gratia payment is made in respect of a prize in a sports lottery or a special lottery, the next payment made under subsection (4) into the Recreation and Sport Fund will be reduced by an amount equivalent to 50 per cent of the amount of the ex gratia payment.

     (6)     If an ex gratia payment is made in respect of a prize in any other lottery (including, to avoid doubt, a special appeal lottery), the next payment made under subsection (4) into the Hospitals Fund will be reduced by an amount equivalent to 50 per cent of the amount of the ex gratia payment.

16D—Ex gratia payments

     (1)     The Commission may, but is not obliged to, make an ex gratia payment to a person who satisfies the Commission, by such evidence as the Commission may require, that he or she is the winner of a prize in a lottery conducted by the Commission, despite the fact that—

     (a)     the prize has been forfeited to the Commission; or

     (b)     the winning ticket has been lost or destroyed; or

     (c)     a rule of the lottery relating to giving the Commission notice of a claim for the prize within a particular period has not been complied with.

     (2)     An ex gratia payment may be of an amount equivalent to the whole or part of the amount of the prize.

     (3)     A decision of the Commission to make, or not to make, an ex gratia payment, or as to the amount of an ex gratia payment, is final and is not subject to review by any court or tribunal.

     (4)     This section applies to—

     (a)     a prize in an instant lottery conducted wholly or partly after 31 October 1994; and

     (b)     a prize in any other lottery drawn after that date.

17—Value of prizes to be offered

     (1)     The Commission must offer as prizes in any lottery (other than a special appeal lottery) conducted under this Act not less than the prescribed percentage of the value of the tickets offered for sale in that lottery.

    (1a)    The Commission must offer as prizes in each special appeal lottery the amount (whether expressed as a percentage of the value of the tickets sold or otherwise) specified by the Minister for the purposes of the lottery.

     (2)     However, the Commission may offer as prizes in a lottery (other than a special appeal lottery) less than the prescribed percentage of the value of the tickets offered for sale in the lottery but, if it does so, a portion of the money received by the Commission equal to the difference between the value of those prizes and the prescribed percentage of the value of those tickets must be applied for or towards the payment of any of the following:

     (a)     prizes in respect of missed prize entries for lotteries conducted by the Commission;

     (b)     additional prizes or increased prizes in subsequent lotteries conducted by the Commission.

    (2a)    However, the Commission must not apply money to pay a prize in respect of a missed prize entry unless—

     (a)     the entry is recorded on the central computer system of the Commission; and

     (b)     the entry was included in the prize pool for the lottery; and

     (c)     the entry contains a combination of winning numbers; and

     (d)     the prize claim in respect of the entry was lodged with the Commission within the period for claiming prizes (as set out in the rules of the Commission).

     (3)     In determining, in relation to a lottery, whether an amount is to be applied for the purpose of additional or increased prizes in a subsequent lottery or lotteries, any amount applied for the purpose of additional or increased prizes in that firstmentioned lottery, pursuant to subsection (2) or section 16C, must be disregarded.

     (4)     In this section—

missed prize entry means an entry in a lottery that was incorrectly omitted from the winning entries in relation to a particular class of prizes;

prescribed percentage means—

     (a)     in relation to a sports lottery or a special lottery—a percentage determined by the Commission from time to time;

     (b)     in relation to any other lottery—60%.

     (5)     The percentage determined by the Commission for the purposes of subsection (4)—

     (a)     may vary according to the class of lottery; and

     (b)     must not be less than a percentage determined by the Minister from time to time in relation to the particular class of lottery.

17A—Instant lottery tickets

     (1)     If a statement relating to an instant lottery is made by, or on behalf of, the Commission to the effect that a prize is won if a specified number of symbols, or identical symbols, printed on a ticket in the lottery or in a panel on a ticket are matched—

     (a)     the ticket is a winning ticket only if the ticket or panel (as the case requires) has printed on or in it the specified number of the same symbol; and

     (b)     the ticket is not a winning ticket if, for example, the ticket or panel has printed on or in it the specified number of pairs of different symbols, or the specified number of symbols can only be obtained by matching symbols from more than one panel on the ticket; and

     (c)     a caption to a symbol is to be taken to be part of the symbol and not a separate symbol.

Examples of winning tickets

Example 1—

1                Statement on ticket: "Match 3 numbers and win"

2                Symbols on ticket:

 

Example 2 (ticket with one (right hand) winning panel)—

1                Statement on ticket: "Match 3 identical amounts within either game panel and that's what you win"

2                Symbols on ticket:

 

Examples of non-winning tickets

Example 1—

1                Statement on ticket: "Match 3 numbers and win"

2                Symbols on ticket:

Example 2 (ticket with no winning panels)—

1                Statement on ticket: "Match 3 identical amounts within either game panel and that's what you win"

2                Symbols on ticket:

 

     (2)     This section applies whether the statement is made—

     (a)     in a ticket in an instant lottery; or

     (b)     in advertising or promotional material relating to an instant lottery; or

     (c)     in some other way.

     (3)     In this section—

instant lottery means a lottery promoted or conducted by the Commission in which the tickets are sealed or conceal in some other way the symbols giving rise to the winning chance;

symbol includes amount, number, picture or word.

17B—Minors not to participate in lotteries

     (1)     A person must not sell a ticket in a lottery promoted or conducted by the Commission to a minor.

Maximum penalty: $5 000.

     (2)     It is a defence for a person charged with an offence against subsection (1) to prove that he or she believed on reasonable grounds that the person to whom the ticket was sold was of or above the age of 18 years.

     (3)     If a person, acting at the request of a minor, purchases a ticket in a lottery promoted or conducted by the Commission on behalf of the minor, or claims or collects, on behalf of the minor, a prize won on a ticket in a lottery promoted or conducted by the Commission, the person is guilty of an offence.

Maximum penalty: $5 000.

     (4)     In this section—

minor means a person who is under the age of 18 years.

18—Rules of Commission as to its practices, procedures and operations

     (1)     The Commission may, with the approval of the Minister, make rules, not inconsistent with this Act, providing for or regulating the practices, procedures and operations of the Commission, including (without limiting the generality of the foregoing)—

     (a)     the conditions of entry and participation in lotteries;

     (b)     the prizes to be offered in lotteries;

     (c)     the determination of winning entries in lotteries;

     (d)     the payment or delivery of prizes in lotteries;

     (e)     the action to be taken by the Commission in the event of misconduct or irregularity in relation to lotteries (being action which may include cancellation of a lottery or tickets in a lottery);

     (f)     the appointment of agents to sell tickets in lotteries, the duties of such agents and the termination or suspension of their services.

     (2)     Any rules made under this section may be of general application or limited by reference to particular lotteries or classes of lotteries or any other factors.

     (3)     Section 10 of the Subordinate Legislation Act 1978 does not apply to rules made under this section.

18AA—Appeals

     (1)     A participant in a lottery conducted after the commencement of this section who is dissatisfied with a decision of the Commission that a ticket in the lottery held by the participant is not a winning ticket may appeal to the Administrative and Disciplinary Division of the District Court against the decision.

     (2)     An appeal under this section must be lodged within one month of—

     (a)     the date on which the Commission's decision is made; or

     (b)     if the Commission's decision is published—the date of publication.

18A—Accounts and audit

     (1)     The Commission must cause proper accounts to be kept of its financial affairs.

     (2)     The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Commission.

18B—Annual report

     (1)     The Commission must, on or before the thirtieth day of September in each year, deliver to the Minister a report upon the operations of the Commission during the period of twelve months expiring on the preceding thirtieth day of June.

     (2)     The report must incorporate the audited statement of accounts of the Commission for the period to which the report relates.

     (3)     The Minister must cause a copy of a report under subsection (1) to be laid before each House of Parliament within fourteen sitting days of his or her receipt of the report if Parliament is then in session, but if Parliament is not then in session, within fourteen days of the commencement of the next session of Parliament.

19—Offences

    (3a)    A person who enters or participates in a lottery conducted under this Act by operating the Commission's computer system—

     (a)     without paying the appropriate fee for that entry or participation at the required time; or

     (b)     knowing that the entry or participation contravenes or fails to comply with the rules relating to the lottery; or

     (c)     in any other manner not authorised by the Commission,

is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 4 years.

     (5)     A person must not, without the written authority of the Commission, for fee or reward, promote or take part in the formation of a syndicate to purchase a ticket in a lottery conducted by the Commission.

Maximum penalty: $5 000.

     (6)     A person must not, without the written authority of the Commission, advertise that the person will accept money for a share in a ticket to be purchased by him or her or any other person in a lottery conducted or to be conducted by the Commission and a person must not print or publish any such advertisement.

Maximum penalty: $5 000.

     (9)     A person who carries out or has carried out duties or functions in relation to the promotion or conduct of a lottery under this Act—

     (a)     must answer questions relating to the lottery or to the promotion or conduct of the lottery asked by the Auditor-General, the Chief Executive or a person acting under the authority of the Auditor-General or Chief Executive; and

     (b)     must produce to the Auditor-General, Chief Executive or person acting under authority all books, documents, vouchers and things which are in the person's custody or power relating to the lottery or to the promotion or conduct of the lottery.

    (9a)    A person is not excused from answering a question, or from producing books, documents, vouchers or things under this section on the ground that the answer to the question or the contents of the books, documents, vouchers or things would tend to incriminate him or her but, where the person claims, before answering the question, that the answer might tend to incriminate him or her, the answer is not admissible against the person in criminal proceedings (except in proceedings for an offence against subsection (9c) or other proceedings in respect of the falsity of the answer).

    (9b)    The Auditor-General, Chief Executive or person acting under authority may—

     (a)     examine books, documents, vouchers or things produced under subsection (9); and

     (b)     make copies of, or take extracts from, any such books, documents, vouchers or things; and

     (c)     retain the books, documents, vouchers or things for such reasonable period as may be necessary for the purposes referred to above.

    (9c)    A person who fails or refuses to answer truthfully questions, or to produce books, documents, vouchers or things, in accordance with subsections (9) and (9a) is guilty of an offence.

Maximum penalty: $5 000.

    (10)    An agent of the Commission must not sell any tickets in a lottery except in premises at which he or she is authorised by the Commission to sell tickets.

Maximum penalty: $5 000.

   (10a)  A person must not, without the written authority of the Commission, distribute, display or publish, or cause to be distributed, displayed or published, by any means, any notice or advertisement in which the word "Lotto" with the addition of the word "Cross" or the letter, symbol or character "X" or any other words, letters, symbols or characters is used in connection with a lottery or game (other than a lottery of the Commission) or for any advertising, promotional or commercial purposes.

Maximum penalty: $5 000.

   (10b)   A person must not, without the written authority of the Commission, give away, or offer to give away, a ticket in a lottery of the Commission for any advertising, promotional or commercial purposes.

Maximum penalty: $5 000.

    (11)    Despite a provision of any other Act, proceedings for any offence against this Act may be brought within the period of three years after the commission of the alleged offence or, with the consent of the Minister, at any later time.

20—Regulations

     (1)     The Governor may make such regulations as he or she considers necessary or expedient for the purpose of giving effect to the provisions and objects of this Act.

     (2)     Without limiting the generality of the provisions of subsection (1), such regulations may—

     (a)     prescribe all matters which may or ought to be prescribed for giving effect to the provisions and objects of this Act; and

     (b)     provide for the prevention of fraud in connection with lotteries and the promotion and conduct thereof; and

     (c)     provide for the payment of prizes in connection with lotteries conducted by the Commission and the conditions under which prizes will be paid.

     (3)     The regulations may fix a penalty not exceeding one thousand dollars for the breach of any regulation.