Gaming No. 2 (Raffles) Regulations 1998

i Gaming No. 2 (Raffles) Regulations 1998 S.R. No. 29/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 1 5. Prescribed conditions—raffles with a permit 2 6. Prescribed conditions—raffles without a permit 5 7. Records 9 8. Disposal of unclaimed prizes 9 ═══════════════ -- 1 of 11 -- 1 STATUTORY RULES 1998 S.R. No. 29/1998 Gaming No. 2 Act 1997 Gaming No. 2 (Raffles) 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. Objectives The objective of these Regulations is to provide for the conduct of raffles. 2. Authorising provisions These Regulations are made under sections 15(3)(a), 18(b), 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; "book-buyer's prize" means a prize for which a person is eligible by reason of having purchased a particular book of tickets; -- 2 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 2 "first prize", in respect of a raffle having more than one prize, means the most valuable prize offered in the raffle; "responsible person" means the person referred to in section 16 of the Act in respect of a permit; "small raffle" means a raffle— (a) for which the value of the prizes— (i) in that raffle does not exceed $500; and (ii) in that and every other raffle conducted for the benefit of the same community or charitable organisation on the same day or within an 8 hour period together does not exceed $1000; and (b) for which the sale of the first ticket and the drawing of the raffle occur on the same day or within an 8 hour period. (2) A reference in these Regulations to a permit is a reference to a minor gaming permit which authorises the holder to conduct a raffle specified in the permit. (3) In these Regulations, a reference to the value of a prize (other than a monetary component of a prize) 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—raffles with a permit r. 4 -- 3 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 3 (1) This regulation prescribes conditions for the purposes of section 15(3)(a) of the Act in respect of a raffle for which a permit is issued. (2) The conditions in relation to tickets for a raffle for which a permit is issued are— (a) the number of tickets printed must not exceed the number authorised by the permit; (b) on the sale of a ticket the responsible person must ensure that a permanent record is made of sufficient information to identify and locate the person to whom the ticket is sold; (c) tickets may only be sold during the period authorised by the permit; (d) a ticket in the raffle may only be a ticket in another raffle if authorised by the permit; (e) the following must be printed on each ticket— (i) the name of the permit holder; and (ii) the permit number; and (iii) the ticket price and the maximum number of tickets authorised by the permit; and (iv) a description of each prize and its value; and (v) when and where the raffle will be drawn and the method of publication or notification of the results. (3) The conditions in relation to the drawing of a raffle are— (a) the raffle must be drawn on the day authorised by the permit; and -- 4 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 4 (b) the method of the draw must allow each ticket in the draw a random and equal chance of being drawn; and (c) if there is more than one prize, the first ticket drawn must win the first prize; and (d) unless authorised by the permit, a ticket which has been drawn is not eligible to be drawn again; and (e) the results of the draw must be published in accordance with the method of publication or notification printed on the tickets. (4) If a winner is present at the draw or is otherwise readily identified, the permit holder must pay or otherwise transfer the prize to the winner within 28 days after the draw. (5) A book-buyer's prize must not be offered or paid unless the permit authorises a book-buyer's prize. (6) A person who sells tickets— (a) must be expressly or by necessary implication authorised by the permit holder or responsible person to do so; and (b) may only be remunerated (whether by way of a ticket seller's prize or otherwise) in accordance with a condition imposed by the Director under section 15(3)(b) of the Act. (7) If— (a) the responsible person is not an employee of the permit holder and will receive payment other than reasonable out of pocket expenses; or (b) the permit holder or the responsible person has an agreement or arrangement with a person (other than an employee of the permit r. 5 -- 5 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 5 holder) to promote or conduct the raffle for reward— that fact (including the name and, if applicable, Australian Company Number of the responsible person or the person promoting or conducting the raffle for reward) must be printed— (c) on every ticket; or (d) on all material advertising the raffle. 6. Prescribed conditions—raffles without a permit (1) This regulation prescribes the conditions for the purposes of section 18 of the Act in respect of a raffle for which a permit is not required. (2) A person may only conduct a raffle referred to in section 18 of the Act, other than a small raffle, with the written authority of the governing body of the community or charitable organisation to benefit from the raffle. (3) The conditions in relation to tickets in a raffle for which a permit is not required are— (a) the period during which tickets are sold must not exceed 3 months; (b) the value of the total number of tickets available for sale must not be greater than 6 times and not less than twice the value of all of the prizes; (c) unless the raffle is a small raffle, on the sale of a ticket the person conducting the raffle must ensure that a permanent record is made of sufficient information to identify and locate the person to whom the ticket is sold; (d) a ticket in a raffle must not be a ticket in another raffle; r. 6 -- 6 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 6 (e) unless the raffle is a small raffle, the following must be printed on each ticket— (i) the name of the community or charitable organisation to benefit from the raffle; and (ii) the ticket price; and (iii) a description of each prize and its value; and (iv) where and when the raffle will be drawn and the method of publication or notification of the results; (f) unless the raffle is a small raffle, the price must be printed on the ticket. (4) Tickets for a small raffle may be— (a) a blank raffle book numbered on both the butt and the ticket; or (b) in the case of a raffle where the method of the draw is to be a spinning wheel, buttless numbered tickets from a perforated ticket sheet having no more numbers than there are divisions on the wheel. (5) The conditions in relation to the drawing of a raffle for which a permit is not required are— (a) the raffle must be drawn on the day printed on the ticket, being a day not more than 14 days after the proposed last ticket sale; and (b) the method of the draw must allow each ticket in the draw a random and equal chance of being drawn; and (c) if there is more than one prize, the first ticket drawn must win the first prize; and r. 6 -- 7 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 7 (d) unless the raffle is a small raffle, a ticket which has been drawn is not eligible to be drawn again; and (e) unless the raffle is a small raffle, the results of the draw must be published or notified in accordance with the method of publication or notification printed on the tickets. (6) In addition to sub-regulation (5), the conditions in relation to the drawing of a small raffle are— (a) if— (i) a ticket butt is drawn to win a prize; and (ii) the person to whom the ticket was sold cannot be identified from the butt; and (iii) no person comes forward to claim the prize within a reasonable period after the draw is loudly proclaimed— the raffle must be drawn again, without the ticket butt; and (b) if the method of the draw is a spinning wheel and— (i) there is no ticket butt; or (ii) there is a ticket butt and the person to whom a ticket was sold cannot be identified from the butt; or (iii) the wheel has come to rest on a number for which a ticket may not have been sold— and no person comes forward to claim the prize within a reasonable period after the draw is loudly proclaimed, the wheel must be spun again. r. 6 -- 8 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 8 (7) If a winner was present at the draw or is otherwise readily identified, the community or charitable organisation to benefit from the raffle must pay or otherwise transfer the prize to the winner within 28 days after the draw. (8) A book-buyer's prize must not be offered or paid. (9) A person who sells tickets must not be remunerated in respect of that activity. (10) If— (a) the person who conducts a raffle is not an employee of the community or charitable organisation to benefit from the raffle and will receive payment for conducting the raffle (other than reimbursement of reasonable out of pocket expenses); or (b) the person who conducts a raffle or the community or charitable organisation to benefit from the raffle has an agreement or arrangement with another person (other than an employee of the community or charitable organisation) to conduct or promote the raffle for reward— that fact (including the name and, if applicable, Australian Company Number of the person receiving the payment or the person conducting or promoting the raffle for reward) must be printed— (c) on every ticket; or (d) on all material advertising the raffle. (11) The person conducting a raffle must ensure that accurate records are kept of— (a) the disposition of funds after the finalisation of the raffle; and r. 6 -- 9 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 9 (b) all tickets which have been printed; and (c) the distribution of prizes. 7. Records For the purposes of section 88 of the Act, the prescribed information in relation to the holder of a permit is— (a) the manner in which tickets to the raffle were sold and how ticket sales were publicised; and (b) the names of the people to whom tickets were issued for sale and, for each person, how many tickets were sold, how many tickets were returned and how much money was remitted; and (c) when and how the raffle was drawn; and (d) the names and addresses of the winners and a description (including the value) of their respective prizes. 8. Disposal of unclaimed prizes (1) If— (a) a winner does not claim a prize in a raffle; and (b) the person who conducted the raffle cannot, after reasonable efforts to do so, find a winner of the prize— the community or charitable organisation to benefit from the raffle— (c) must ensure that the prize is retained for 12 months after the draw; or (d) if the prize is livestock or property of a perishable nature, may sell the prize in a way that brings a reasonable price and retain the r. 7 -- 10 of 11 -- S.R. No. 29/1998 Gaming No. 2 (Raffles) Regulations 1998 10 proceeds (after deducting the reasonable costs of the sale) for 12 months after the draw. (2) If a prize or proceeds of the sale of a prize retained under sub-regulation (1) remain unclaimed after a period of 12 months after the draw of the raffle, the community or charitable organisation must sell or otherwise dispose of the prize if this has not already been done and must pay the proceeds (after deducting the reasonable costs of the sale or disposal) to the Treasurer for payment into the Consolidated Fund. ═══════════════ r. 8 -- 11 of 11 --