Gaming No. 2 (Lucky Envelopes) Regulations 1998

i Gaming No. 2 (Lucky Envelopes) Regulations 1998 S.R. No. 28/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 1 5. Prescribed conditions of permit 2 6. Prescribed standards 4 7. Records 7 ═══════════════ -- 1 of 8 -- 1 STATUTORY RULES 1998 S.R. No. 28/1998 Gaming No. 2 Act 1997 Gaming No. 2 (Lucky Envelopes) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 24 March 1998 Responsible Minister: ROGER M. HALLAM Minister for Gaming CON CHARA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to provide for the sale of lucky envelopes. 2. Authorising provisions These Regulations are made under sections 15(3)(a), 22, 88 and 105 of the Gaming No. 2 Act 1997. 3. Commencement These Regulations come into operation on 31 March 1998. 4. Definitions (1) In these Regulations— "Act" means Gaming No. 2 Act 1997; "notional value", in respect of a series of lucky envelopes, means the lucky envelope price -- 2 of 8 -- S.R. No. 28/1998 Gaming No. 2 (Lucky Envelopes) Regulations 1998 2 multiplied by the number of lucky envelopes in the series; "punchboard" means a device which contains a series of lucky envelopes and is designed so that the lucky envelopes are dispensed by being punched out of the device; "series" means all the lucky envelopes in a particular lottery. (2) In these Regulations, a reference to a permit is a reference to a minor gaming permit which authorises the sale of lucky envelopes. (3) In these Regulations, a reference to the value of a prize (other than a prize of money) is a reference to the price at which a person might reasonably expect to purchase that prize in the absence of a discount or special incentive. 5. Prescribed conditions of permit (1) This regulation prescribes the conditions under section 15(3)(a) of the Act in respect of the sale of lucky envelopes. (2) Lucky envelopes must not be sold to persons under the age of 18 years. (3) The name of the permit holder and the permit number must be clearly visible— (a) on a receptacle, other than a lucky envelope vending machine, from which lucky envelopes are dispensed; and (b) at the point of sale of lucky envelopes. (4) Lucky envelopes in respect of which a cash prize may be payable may only be sold— (a) on premises licensed under section 47 or 48 of the Liquor Control Act 1987; or r. 5 -- 3 of 8 -- S.R. No. 28/1998 Gaming No. 2 (Lucky Envelopes) Regulations 1998 3 (b) on premises occupied by the executive or governing body of the permit holder; or (c) at a bingo centre operated under an operator's licence; or (d) at a fete, a fair, a carnival or a gymkhana. (5) The notional value of a series of lucky envelopes must not exceed $5000. (6) The value of prizes available to be won in a series of lucky envelopes must be— (a) not less than 50%; and (b) not more than 75%— of the notional value of the series. (7) A lucky envelope may only be sold by lucky envelope vending machine if— (a) the machine has— (i) a separate lockable coin or token tray; and (ii) a visible distinctive serial number; and (iii) a coin or token reject or return mechanism which prevents it from accepting coins or tokens without dispensing a lucky envelope; and (b) the machine is constructed to prevent the dispensing of a lucky envelope without the insertion of a coin or token; and (c) the machine has clearly displayed on it— (i) the name of the permit holder; and (ii) the number of the permit; and (iii) the number of lucky envelopes in the series to which the lucky envelope belongs; and r. 5 -- 4 of 8 -- S.R. No. 28/1998 Gaming No. 2 (Lucky Envelopes) Regulations 1998 4 (iv) a list of prizes and winning numbers, symbols or letters; and (d) in the case of an electronic lucky envelope vending machine, in addition to any other requirement, the machine— (i) is designed and constructed in such a way as to prevent physical or electronic access to a random number generator or a storage device (including memory) by a person other than a technician conducting necessary repairs or maintenance; and (ii) is constructed so as to count and permanently record, by means of a tamper proof device, each lucky envelope dispensed; and (e) the machine is installed on premises— (i) licensed under section 47 or 48 of the Liquor Control Act 1987; or (ii) occupied by the executive or governing body of the permit holder; or (iii) in a bingo centre operated under an operator's licence. (8) Sub-paragraph (ii) of sub-regulation (7)(d) does not apply to an electronic lucky envelope vending machine if the machine had been used to dispense lucky envelopes under a permit to sell lucky envelopes in force under section 6AB(1) of the Lotteries Gaming and Betting Act 1966 during the period of 12 months immediately before these Regulations came into operation. 6. Prescribed standards (1) This regulation prescribes standards under section 22 of the Act. r. 6 -- 5 of 8 -- S.R. No. 28/1998 Gaming No. 2 (Lucky Envelopes) Regulations 1998 5 (2) A lucky envelope must be part of a series. (3) Each series of lucky envelopes, except a lucky envelope dispensed from an electronic lucky envelope vending machine, must include and have published with it by the supplier— (a) the same predetermined price for each lucky envelope; and (b) a predetermined value of prizes and number of winning lucky envelopes— which comply with regulation 5. (4) Each lucky envelope in a series, other than a lucky envelope in a punchboard, must have printed on the outside— (a) a serial number identifying the series; and (b) the name of the supplier; and (c) the name of the permit holder and the number of the permit, unless— (i) the name, Australian Company Number (if any), address and telephone number of the supplier are printed on each lucky envelope; and (ii) the supplier maintains on the supplier's premises for 3 years after the date on which the lucky envelopes were supplied a register of— (A) the serial number of the series; and (B) the name of the permit holder; and (C) the number of the permit; and (D) the date on which the lucky envelopes were supplied; and r. 6 -- 6 of 8 -- S.R. No. 28/1998 Gaming No. 2 (Lucky Envelopes) Regulations 1998 6 (E) the name of the person to whom the lucky envelopes were supplied. (5) A punchboard must have printed on it the name of the permit holder and the number of the permit, unless— (a) the name, Australian Company Number (if any), address and telephone number of the supplier are printed on the punchboard; and (b) the supplier maintains on the supplier's premises for 3 years after the date on which the punchboard was supplied a register of— (i) the name of the permit holder; and (ii) the number of the permit; and (iii) the date on which the punchboard was supplied; and (iv) the name of the person to whom the punchboard was supplied. (6) Each lucky envelope must have printed on it so as only to be visible once the lucky envelope has been dispensed— (a) symbols, numerals or letters or any combination of any of them; or (b) characters referred to in paragraph (a) and, in the case of a winning ticket, an indication that the ticket is a winning ticket; or (c) the description of a prize which the holder is entitled to claim; or (d) an indication that the lucky envelope is not a winning ticket; or (e) a combination of paragraph (a), (b), (c) or (d). r. 6 -- 7 of 8 -- S.R. No. 28/1998 Gaming No. 2 (Lucky Envelopes) Regulations 1998 7 (7) If one or more lucky envelopes in a series comply with sub-regulation (6)(a) or (b), there must be displayed at the point of sale of the lucky envelopes (or, in the case of a lucky envelope in a punchboard, on the punchboard) a legend which indicates the combinations of characters that entitle the holder to claim a prize and, if there are different prizes, the prize to which a particular combination relates. 7. Records For the purposes of section 88 of the Act, the prescribed information in relation to the holder of a permit is, for each series of lucky envelopes sold— (a) the premises on which the lucky envelopes were sold; (b) if the lucky envelopes were sold in places other than— (i) premises licensed under section 47 or 48 of the Liquor Control Act 1987; or (ii) premises occupied by the executive or governing body of the permit holder; or (iii) a bingo centre operated under an operator's licence— the people who sold them; (c) the notional value, gross receipts and value of prizes paid; (d) the amount and nature of expenses incurred and the people to whom those expenses were paid; (e) the number of lucky envelopes not sold. ═══════════════ r. 7 -- 8 of 8 --