{"id":"lotteries-act-2019","name":"Lotteries Act 2019","slug":"lotteries-act-2019","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105868,"registerId":"sa-lotteries-act-2019-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Lotteries Act 2019","content":"South Australia\nLotteries Act 2019\nAn Act to regulate the conduct of lotteries in the State, to make related amendments to the Lottery and Gaming Act 1936 and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tObjects\n4\tInterpretation\n5\tInteraction with Gambling Administration Act 2019\n6\tMeaning of lottery\n7\tProhibited goods and services\n8\tPosition of authority in trust or corporate entity\n9\tApplication of Act\nPart 2—Unlawful lotteries\n10\tConducting unlawful lotteries\n11\tParticipating in unlawful lotteries\n12\tAdvertising and promoting unlawful lotteries\n13\tTickets etc for unlawful lotteries\n14\tGeneral defence\nPart 3—Licensed lotteries\n15\tApplication for licence\n16\tLicence may be conditional\n17\tNomination of responsible person for compliance\n18\tTerm of licence\n19\tVariation of licence\n20\tCancellation, suspension or surrender of licence\n21\tLicensee to notify change of particulars\nPart 4—Licensing of suppliers of lottery products\n22\tInterpretation\n23\tSuppliers must be licensed\n24\tApplication for licence\n25\tLicence may be conditional\n26\tTerm of licence\n27\tCancellation, suspension or surrender of licence\n28\tLicensee to notify change of particulars\nPart 5—Miscellaneous\n29\tCommissioner may grant exemptions\n30\tDishonest, deceptive or misleading conduct\n31\tRestriction on sale of lottery tickets by children\n32\tEvidentiary provisions\n33\tRegulations\nSchedule 1—Related amendments and transitional provisions\nPart 1—Preliminary\n1\tAmendment provisions\nPart 2—Related amendments to Lottery and Gaming Act 1936\n2\tAmendment of long title\n3\tAmendment of section 1—Short title\n4\tRepeal of section 3A\n5\tAmendment of section 4—Interpretation\n6\tRepeal of Parts 2, 2A, 3 and 4\n7\tRepeal of section 56\n8\tAmendment of section 60—Public betting and advertising\n9\tRepeal of sections 101 and 102\n10\tAmendment of section 113A—Dishonest, deceptive or misleading conduct\n11\tRepeal of section 116—Exemption of certain sweepstakes\nPart 3—Transitional provisions etc\n12\tInterpretation\n13\tProhibited goods and services\n14\tLicences under former Act\n15\tInspectors appointed under repealed Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Lotteries Act 2019.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Objects\nThe objects of this Act are as follows:\n\t(a)\tto ensure that lotteries are conducted in a fair and honest way;\n\t(b)\tto maintain public confidence in the transparency and accountability of lotteries;\n\t(c)\tto protect the community from fraudulent or exploitative activities relating to lotteries without creating undue regulatory burden;\n\t(d)\tto support fundraising activities to benefit community and charitable purposes.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\nCommissioner has the same meaning as in the Gambling Administration Act 2019;\ndistribution of property includes—\n\t(a)\tdistribution by sale, gift or other disposal; and\n\t(b)\tdistribution of a right relating to property,\nand property may be taken to be distributed even if all the property is disposed of to a single person;\nlicensed lottery means a lottery authorised by licence under Part 3;\nlottery—see section 6;\nposition of authority in a trust or corporate entity—see section 8;\nproperty includes real or personal property (tangible or intangible) or money;\npermitted lottery means—\n\t(a)\ta lottery of a class declared by the regulations to be a lottery that is permitted without the need for a licence under Part 3; or\n\t(b)\ta lottery that is authorised under another Act or law of the State;\ntrade promotion lottery means a scheme, competition, game or device for the distribution of property—\n\t(a)\twhere the distribution depends, at any stage of the scheme, competition, game or device, on an element of chance (even if the scheme, competition, game or device, in some other respects, involves a genuine or purported display of knowledge or skill); and\n\t(b)\tthat is conducted with a view to promoting any goods or services; and\n\t(c)\twhere entitlement to participation is free, except that—\n\t(i)\tthe right to participate in the lottery may be dependent on the purchase of any of the goods or services the subject of the promotion; and\n\t(ii)\tthe cost of entering the lottery by telephone, SMS or other electronic means must not exceed an amount prescribed by the regulations; and\n\t(iii)\tthe cost of entering the lottery by post must not exceed the normal cost of postage;\nunlawful lottery means a lottery other than a licensed lottery or a permitted lottery.\n5—Interaction with Gambling Administration Act 2019\nThis Act and the Gambling Administration Act 2019 will be read together as a single Act (and a reference in a provision of this Act to \"this Act\" will be taken to include, where relevant, a reference to the Gambling Administration Act 2019).\n6—Meaning of lottery\n\t(1)\tA lottery means—\n\t(a)\ta scheme, competition, game or device for the distribution of property where—\n\t(i)\tentitlement to participation in the scheme, competition, game or device depends on the payment of money, the purchase of a ticket or the giving of some other valuable consideration by the participant; and\n\t(ii)\tthe distribution depends, at any stage of the scheme, competition, game or device, on an element of chance (even if the scheme, competition, game or device, in some other respects, involves a genuine or purported display of knowledge or skill); or\n\t(b)\ta trade promotion lottery; or\n\t(c)\ta scheme, competition, game or device of a kind prescribed by the regulations.\n\t(2)\tThe following are not lotteries for the purposes of this Act:\n\t(a)\tany allotment of real or personal estate or interest which according to law is legally allottable, or may be allotted or held by, or by means of, any allotment or partition by lots;\n\t(b)\tthe distribution of any property among the owners of the property if such property is capable of being fairly apportioned among all the owners and is proposed to be apportioned equally so far as practicable among all the owners.\n\t(3)\tFor the purposes of this Act, a lottery may be determined by any means including—\n\t(a)\tby lot or drawing; or\n\t(b)\tby cards, token, coin or dice; or\n\t(c)\tby any machine, electronic process, ticket, envelope or device.\n7—Prohibited goods and services\n\t(1)\tThe Commissioner may, by notice in the Gazette, prohibit specified goods or services (or a specified class of goods or services) from being—\n\t(a)\ta prize in a lottery; or\n\t(b)\toffered as an inducement to enter or participate in a lottery; or\n\t(c)\tpromoted by a trade promotion lottery.\n\t(2)\tThe Commissioner may, by notice in the Gazette, vary or revoke a notice under subsection (1).\n8—Position of authority in trust or corporate entity\n\t(1)\tA person occupies a position of authority in a trust or corporate entity if the person—\n\t(a)\tin the case of a body corporate—\n\t(i)\tis a director of the body corporate;\n\t(ii)\texercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs;\n\t(iii)\tmanages, or is to manage, the business of the body corporate to be conducted under a licence;\n\t(iv)\tif the body corporate is a proprietary company—is a shareholder in the body corporate; or\n\t(b)\tin the case of a trust—is a trustee or beneficiary of the trust.\n\t(2)\tHowever—\n\t(a)\ta minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and\n\t(b)\ta charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust.\n9—Application of Act\n\t(1)\tThis Act applies to a lottery in which persons resident in this State can participate, whether the lottery is conducted within or outside of the State.\n\t(2)\tThis Act binds the Crown not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\t(3)\tNothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.\nPart 2—Unlawful lotteries\n10—Conducting unlawful lotteries\n\t(1)\tA person must not conduct, or assist in the conduct of, an unlawful lottery.\nMaximum penalty: $10 000.\n\t(2)\tA person must not agree to pay any money or provide any goods or services in connection with an unlawful lottery.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n11—Participating in unlawful lotteries\n\t(1)\tA person must not participate in an unlawful lottery.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tWithout limiting subsection (1), a person is taken to participate in an unlawful lottery if the person purchases or otherwise obtains a ticket, chance, or share in the lottery.\n12—Advertising and promoting unlawful lotteries\n\t(1)\tA person must not advertise or promote an unlawful lottery or a proposal for an unlawful lottery.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tIn this section—\nadvertise an unlawful lottery means take any action to publicise or encourage participation in the lottery.\n13—Tickets etc for unlawful lotteries\n\t(1)\tA person must not print or publish any ticket or other thing entitling, or intended or purporting to entitle, a person to a chance or share in an unlawful lottery.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA person must not sell or supply, or offer for sale or supply, any ticket, chance, or share in an unlawful lottery.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tIn this section—\npublish means publish by print media, radio or television, or on the internet, or by other similar means of communication (whether to the public generally or to a section of the public).\n14—General defence\nIt is a defence to a charge of an offence against this Part if the defendant proves that the defendant believed on reasonable grounds that the lottery was a licensed lottery or a permitted lottery.\nPart 3—Licensed lotteries\n15—Application for licence\n\t(1)\tAn application for a licence under this Part must be made to the Commissioner, in a manner and form determined by the Commissioner, and be accompanied by any prescribed fee.\n\t(2)\tThe Commissioner may grant a licence to an applicant if the Commissioner is satisfied that—\n\t(a)\tthe lottery will not involve any breach of a notice under section 7; and\n\t(b)\tif the applicant is a natural person—the applicant is aged 18 years or over.\n\t(3)\tThe Commissioner may refuse to grant a licence—\n\t(a)\tif the Commissioner is satisfied that a relevant person in relation to the application is not a fit and proper person; or\n\t(b)\tif the Commissioner is satisfied as to any matter prescribed by the regulations; or\n\t(c)\tif the Commissioner is satisfied that the grant of the licence would otherwise not be consistent with the objects of this Act; or\n\t(d)\ton any other reasonable ground.\n\t(4)\tThe Commissioner may require an applicant to provide further information about or verification of a matter relevant to the application.\n\t(5)\tIn this section—\nrelevant person, in relation to an application for a licence, means—\n\t(a)\tthe applicant for the licence; or\n\t(b)\tif the applicant is a trust or corporate entity—each person who occupies a position of authority in the entity; or\n\t(c)\ta person nominated under section 17 in the application.\n16—Licence may be conditional\n\t(1)\tThe grant of a licence under this Part—\n\t(a)\tis subject to any conditions prescribed by the regulations in respect of such a licence; and\n\t(b)\tmay be subject to such other conditions as the Commissioner thinks fit.\n\t(2)\tThe Commissioner may, by notice in writing to a licensee, vary or revoke a condition of the licence or add any new conditions to the licence.\n\t(3)\tIn the event of a contravention of, or failure to comply with, a condition of a licence the licensee is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tIn any prosecution for an offence under subsection (3), it is a sufficient defence if the defendant proves to the satisfaction of the court that the defendant took all reasonable steps to prevent the occurrence of the contravention or failure to which the prosecution relates.\n17—Nomination of responsible person for compliance\n\t(1)\tIf an application for a licence is made by an unincorporated organisation, or by a group of unincorporated organisations, the application must, with the consent of the person or persons concerned, nominate to the Commissioner a person or persons who will be responsible for complying with all conditions of the licence and any other obligations relating to the conduct of the lottery under this Act.\n\t(2)\tA nomination of a person under this section is not effective unless the Commissioner has approved the person so nominated.\n\t(3)\tA reference in this Act, or in an instrument under this Act, to a licensee under a licence to conduct a lottery or to a person who conducts a lottery will, in the case of a licence held by an unincorporated organisation or a group of unincorporated organisations, be taken to be a reference to the person or persons nominated and approved by the Commissioner under this section in respect of the lottery.\n18—Term of licence\n\t(1)\tA licence has effect for—\n\t(a)\tif the regulations specify a period, or a manner of determining a period, during which a licence of that kind has effect—the period so specified or determined; or\n\t(b)\tin any other case—the period determined by the Commissioner and specified in the licence.\n\t(2)\tA licence of a prescribed class may be renewed in accordance with the regulations.\n19—Variation of licence\n\t(1)\tAn application for variation of a licence granted under this Part must be made to the Commissioner, in a manner and form determined by the Commissioner, and be accompanied by any prescribed fee.\n\t(2)\tThe Commissioner may require the licensee to provide further information about or verification of a matter relevant to the application.\n20—Cancellation, suspension or surrender of licence\n\t(1)\tA licensee may, with the consent of the Commissioner, surrender a licence.\n\t(2)\tIf an application is made, or notice is given, for the winding up or dissolution of an incorporated association that holds a licence (including a licence that has been suspended), the association must, within 7 days, advise the Commissioner, in writing, of the proposal.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe Commissioner may, by giving written notice to a licensee, cancel the licence, or suspend it for a specified period if—\n\t(a)\tthe licence was improperly obtained; or\n\t(b)\tthe licensee contravenes or fails to comply with a condition to which the licence is subject or any requirement of this Act or the regulations; or\n\t(c)\tthe licence is held by an incorporated association that is being wound up or dissolved; or\n\t(d)\tthe Commissioner is of the opinion that the lottery authorised by the licence has become financially unviable.\n\t(4)\tThe Commissioner may, in a notice of consent to the surrender of a licence or in a notice of cancellation or suspension of a licence, give such directions to the licensee as to the winding up of a lottery being conducted under the licence, the provision of financial statements, the payment of licence fees or any other matter relating to the licence as the Commissioner thinks appropriate.\n\t(5)\tA person that fails to comply with a direction given under subsection (4) is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(6)\tIf any direction given under subsection (4) has not been complied with before the association ceases to exist, the person who last occupied the position of treasurer of the association must take such steps as are reasonably practicable to ensure compliance with the direction.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(7)\tThe holder of a licence that has been suspended will be taken to be unlicensed during the period of the suspension.\n21—Licensee to notify change of particulars\n\t(1)\tA licensee must, within 14 days after a change in any prescribed particulars, notify the Commissioner in writing of that change.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tIn this section—\nprescribed particulars means—\n\t(a)\tany address for service or other email address, telephone number or street or postal address provided by the licensee to the Commissioner for purposes connected with the licence (including, where a person has been nominated in accordance with section 17 for the purposes of the licence, any such details provided in relation to the nominated person); and\n\t(b)\tany other particulars of a kind prescribed by the regulations.\nPart 4—Licensing of suppliers of lottery products\n22—Interpretation\nIn this Part—\nlottery product means a product of a kind prescribed by the regulations;\nsupply, in relation to lottery products, means to sell, or supply for fee or reward, lottery products to a person for the purposes of the resale of the products by that person.\n23—Suppliers must be licensed\n\t(1)\tA person who carries on a business of supplying lottery products without being licensed to do so under this Part is guilty of an offence.\nMaximum penalty: $10 000.\n\t(2)\tThis section does not apply to a person who is exempted, or who is of a class of persons exempted, from this section by the regulations.\n24—Application for licence\n\t(1)\tAn application for a licence under this Part must be made to the Commissioner, in a manner and form determined by the Commissioner, and be accompanied by—\n\t(a)\tany documents or information prescribed by the regulations; and\n\t(b)\tany prescribed fee.\n\t(2)\tThe Commissioner may grant a licence to an applicant if the Commissioner is satisfied that—\n\t(a)\tif the applicant is a natural person—the applicant is aged 18 years or over; and\n\t(b)\tthe grant of the licence would be consistent with the objects of this Act and any limitations or requirements prescribed by the regulations.\n\t(3)\tThe Commissioner may refuse to grant a licence—\n\t(a)\tif the Commissioner is satisfied that a relevant person in relation to the application is not a fit and proper person to hold the licence; or\n\t(b)\ton any other reasonable ground.\n\t(4)\tThe Commissioner may require an applicant to provide further information about or verification of a matter relevant to the application.\n\t(5)\tIn this section—\nrelevant person, in relation to an application for a licence, means—\n\t(a)\tthe applicant for the licence; or\n\t(b)\tif the applicant is a trust or corporate entity—each person who occupies a position of authority in the entity.\n25—Licence may be conditional\n\t(1)\tThe grant of a licence under this Part may be subject to such conditions as the Commissioner thinks fit.\n\t(2)\tThe Commissioner may, by notice in writing to a licensee, vary or revoke a condition of the licence or add any new conditions to the licence.\n\t(3)\tA licensee who contravenes or fails to comply with a condition of the licence under this Part is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n26—Term of licence\n\t(1)\tA licence granted under this Part has effect until the following 30 June (unless it is cancelled, suspended or surrendered before that day).\n\t(2)\tThe Commissioner must renew the licence for a period of not less than 1 year if an application for renewal is made, and the prescribed fee is paid, to the Commissioner—\n\t(a)\tbefore the licence ceases to have effect; or\n\t(b)\tat a later time, if the Commissioner is satisfied that it is appropriate to renew the licence at that time.\n27—Cancellation, suspension or surrender of licence\n\t(1)\tThe Commissioner may, by written notice to a licensee—\n\t(a)\tcancel the licence if the licensee obtained the grant of the licence improperly; or\n\t(b)\tcancel the licence or suspend it for a specified period or until further notice, if the licensee has contravened a provision of this Act or a condition of the licence.\n\t(2)\tA notice of suspension under subsection (1) may specify action to be taken by the licensee to remedy any breach of this Act or the licence conditions.\n\t(3)\tA licensee may, with the consent of the Commissioner, surrender a licence.\n28—Licensee to notify change of particulars\n\t(1)\tA licensee must, within 14 days after a change in any prescribed particulars, notify the Commissioner in writing of that change.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tIn this section—\nprescribed particulars means—\n\t(a)\tany address for service or other email address, telephone number or street or postal address provided by the licensee to the Commissioner for purposes connected with the licence; and\n\t(b)\tany other particulars of a kind prescribed by the regulations.\nPart 5—Miscellaneous\n29—Commissioner may grant exemptions\n\t(1)\tThe Commissioner may, on application by a person or on the Commissioner's own initiative, exempt a lottery, or a class of lotteries, from specified provisions of this Act.\n\t(2)\tAn application for the grant of an exemption under this section must be made in a manner and form determined by the Commissioner and be accompanied by any prescribed fee.\n\t(3)\tThe Commissioner may grant an exemption to an applicant if the Commissioner is satisfied that—\n\t(a)\tthe lottery will not involve any breach of a notice under section 7; and\n\t(b)\tthe grant of the exemption would otherwise be consistent with the objects of this Act.\n\t(4)\tThe Commissioner may refuse to grant an application for an exemption on any reasonable ground.\n\t(5)\tThe Commissioner may require an applicant for an exemption to provide further information about or verification of a matter relevant to the application.\n\t(6)\tAn exemption may be granted—\n\t(a)\tby notice in writing given to the person who is conducting, or who proposes to conduct, the lottery; or\n\t(b)\twhere the exemption relates to a class of lotteries—by notice in the Gazette.\n\t(7)\tAn exemption granted by the Commissioner under this section may be subject to any conditions the Commissioner thinks fit and specifies in the notice of exemption.\n\t(8)\tThe Commissioner may, at any time, by further notice given in the same manner as notice of the exemption was given—\n\t(a)\tvary or revoke an exemption; or\n\t(b)\tvary or revoke a condition of the exemption.\n\t(9)\tA person who contravenes, or fails to comply with, a condition imposed under subsection (7) is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(10)\tIn any prosecution for an offence under subsection (9), it is a sufficient defence if the defendant proves to the satisfaction of the court that the defendant took all reasonable steps to prevent the occurrence of the contravention or failure to which the prosecution relates.\n30—Dishonest, deceptive or misleading conduct\nA person involved (whether as principal, agent or employee) in the conduct, or promotion, of any lottery who acts in a dishonest, deceptive or misleading manner in connection with the lottery is guilty of an offence.\nMaximum penalty: $50 000 or 2 years imprisonment.\n31—Restriction on sale of lottery tickets by children\nA person must not cause or permit a child under the age of 15 years to sell lottery tickets, unless the child is accompanied by and under the supervision of an adult.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n32—Evidentiary provisions\n\t(1)\tIn proceedings for an offence against this Act, an allegation in the information—\n\t(a)\tthat a person was, or was not, at a specified time the holder of a specified licence, permit or exemption under this or another Act; or\n\t(b)\tthat a lottery named or described in the information was, or was not, at a specified time a licensed lottery or a permitted lottery; or\n\t(c)\tthat a specified licence, permit or exemption under this or under another Act was, at a specified time, subject to specified conditions,\nwill be accepted as proved in the absence of proof to the contrary.\n\t(2)\tIn every information laid in respect of an offence relating to a lottery alleged to have been, or intended to be, conducted elsewhere than in the State, the court may in its discretion receive and act on such secondary or other evidence as may be adduced for the purpose of proving the conduct, or intention to conduct such lottery.\n33—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tdeclare that lotteries of a specified class are permitted lotteries, or are permitted lotteries if they comply with prescribed conditions; and\n\t(b)\tlimit the lotteries for which licences may be granted under this Act or specify different classes of lottery licence that may be granted under this Act; and\n\t(c)\tprescribe the persons or organisations, or classes or groups of persons or organisations, to which licences, or any classes of licences, may be granted; and\n\t(d)\tprescribe conditions under which licences may be granted or make any other provision in relation to conditions of licences; and\n\t(e)\tprescribe rules for the conduct of lotteries or particular classes of lotteries and provide for waiver of such rules; and\n\t(f)\tmake any other provision with respect to the conduct, advertisement or promotion of a lottery; and\n\t(g)\tprescribe and provide for the payment of fees and provide for any exemptions from fees; and\n\t(h)\timpose duties on persons who hold licences, or persons responsible for the conduct of permitted lotteries, and their agents and servants; and\n\t(i)\tprovide for the furnishing of security for the due performance of any conditions of a licence or exemption under this Act and of the duties and obligations to be performed by persons who hold a licence or other persons in relation to a lottery; and\n\t(j)\tprovide for a penalty, not exceeding $10 000, for a contravention of, or failure to comply with, any regulation; and\n\t(k)\tprovide for an expiation fee, not exceeding $750, for an alleged contravention of, or failure to comply with, any regulation.\n\t(3)\tWithout limiting the generality of subsection (2)(a) or (d), a condition that may be prescribed under either of those paragraphs may be a condition precedent or a condition subsequent to the granting of an exemption or licence (as the case may be).\n\t(4)\tThe Governor may, in a regulation prescribing a fee for a licence to conduct a lottery, fix the amount of the fee by reference to a specified percentage of—\n\t(a)\tthe aggregate of all or part of the money paid for the right to participate in the lottery; or\n\t(b)\tthe total value of all or some of the prizes in the lottery; or\n\t(c)\tthe total face value of lottery tickets purchased by the licensee for resale.\n\t(5)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Commissioner, or another person; and\n\t(d)\tinclude evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences.\nSchedule 1—Related amendments and transitional provisions\nPart 1—Preliminary\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Related amendments to Lottery and Gaming Act 1936\n2—Amendment of long title\nLong title—delete \"lotteries and\" and substitute:\nunlawful\n3—Amendment of section 1—Short title\nSection 1—Delete \"Lottery and Gaming\" and substitute:\nGaming Offences\n4—Repeal of section 3A\nSection 3A—delete the section\n5—Amendment of section 4—Interpretation\nSection 4, definitions of authorised lottery, exempted lottery, instant lottery ticket, lottery, lottery inspector, or inspector, sweepstakes, trade-promotion lottery—delete the definitions\n6—Repeal of Parts 2, 2A, 3 and 4\nParts 2, 2A, 3 and 4—delete Parts 2, 2A, 3 and 4\n7—Repeal of section 56\nSection 56—delete the section\n8—Amendment of section 60—Public betting and advertising\n\t(1)\tSection 60(b)—delete paragraph (b)\n\t(2)\tSection 60(c)—delete \"to subscribe to any sweepstakes or\"\n9—Repeal of sections 101 and 102\nSections 101 and 102—delete the sections\n10—Amendment of section 113A—Dishonest, deceptive or misleading conduct\nSection 113A—delete \"lawful or unlawful lottery,\"\n11—Repeal of section 116—Exemption of certain sweepstakes\nSection 116—delete the section\nPart 3—Transitional provisions etc\n12—Interpretation\nIn this Part—\nformer Act means the Lottery and Gaming Act 1936, as in force before the commencement of Part 2 of this Schedule.\n13—Prohibited goods and services\nA notice in force under regulation 4 of the Lottery and Gaming Regulations 2008 continues in force, on the commencement of section 7, as if it were a notice of the Commissioner under that section.\n14—Licences under former Act\n\t(1)\tA licence to conduct a lottery in force under the former Act immediately before the commencement of clause 6 of this Schedule continues as if it were a licence granted by the Commissioner under Part 3 of this Act.\n\t(2)\tA licence in force under Part 3 of the former Act immediately before the commencement of clause 6 of this Schedule continues as if it were a licence granted by the Commissioner under Part 4 of this Act.\n15—Inspectors appointed under repealed Act\nA person who was, immediately before the commencement of clause 6 of this Schedule, a lottery inspector under the former Act is, on the commencement of clause 6 of this Schedule, taken to be an inspector authorised for the purposes of this Act under the Gambling Administration Act 2019.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2019\n41\nLotteries Act 2019 \n12.12.2019\n10.12.2021 (Gazette 28.10.2021 p3851)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act relocates and refocuses lottery regulation from the Lottery and Gaming Act 1936 into a standalone Lotteries Act, repealing large parts of the former Act and continuing existing licences and inspectors under the new regime (Schedule 1, cls 6,14,15). It also ties lottery regulation into the Gambling Administration Act 2019 for administrative integration (s5)."},"complexity_factors":["Broad delegation of discretion to the Commissioner to grant, condition, vary, suspend or cancel licences and exemptions (ss15,16,20,29).","Two overlapping licensing streams — lottery licences and supplier licences — with different terms, renewal rules and offences (Parts 3 and 4; ss23–26).","Wide regulatory scope defined by both statute and regulations, including permitted lotteries, prescribed lottery products and fee structures tied to turnover or prize value (ss6,22,33(2)(a),(4)).","Criminal and civil enforcement mix with varied penalties and expiation fees across many offences, plus a serious offence for dishonest conduct (ss10–14,30).","Evidentiary presumptions and powers to accept secondary evidence for out-of-state conduct affect prosecutions (s32).","Interaction with the Gambling Administration Act 2019 and transitional amendments that migrate licences and inspectors from the former Act (s5; Schedule 1, cls 6,14,15).","Regulations may prescribe numerous conditions, exemptions, fee mechanisms and penalties, creating significant delegated law detail (s33)."],"plain_english_summary":"Establishes a licensing and offence framework for lotteries and suppliers, criminalises unlawful lotteries, and gives the Commissioner powers to set licence conditions, prohibit specified prizes, grant exemptions and enforce compliance (see ss10–13,15,23,29,7).  It affects organisers, suppliers, nominated responsible persons and participants; licensees must pay prescribed fees, meet reporting and other conditions, and face fines, expiation fees or imprisonment for breaches (see ss15,24,21,20,30,33)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: to regulate lotteries, amend the Lottery and Gaming Act 1936, and related purposes. The scope remains focused on lottery regulation, licensing, and enforcement without significant mission creep. The amendments to the 1936 Act are explicitly related (removing lottery provisions from that Act to consolidate them here)."},"complexity_factors":["Moderate length (33 sections plus Schedule with transitional provisions)","Cross-referencing with the Gambling Administration Act 2019 (treated as a single Act)","Multiple defined terms in section 4 (11 definitions including nested definitions for 'trade promotion lottery' and 'position of authority')","Conditional licensing framework with discretionary powers for the Commissioner (fit and proper person tests, conditions precedent/subsequent)","Nested exceptions in section 8(2) regarding who does NOT occupy a 'position of authority'","Transitional provisions saving old licences and notices under repealed legislation","Regulation-making powers that delegate significant detail to subordinate legislation (fees, classes of permitted lotteries, specific conditions)"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law for regulating lotteries — everything from charity raffles to trade promotion competitions (like \"buy this product to win a prize\"). It replaces the old lottery rules that were scattered through the *Lottery and Gaming Act 1936* with a modern, standalone system.\n\n**Who it affects:**\n\n- **Anyone running a lottery** — whether a charity, community group, or business — needs a licence or must run a \"permitted lottery\" (a type exempt from licensing by regulation).\n- **Suppliers** who sell lottery products (like tickets) to retailers for resale.\n- **The general public** — it sets rules about who can participate, how lotteries can be advertised, and what prizes are allowed.\n- **Children under 15** — they generally can't sell lottery tickets unless supervised by an adult.\n\n**Key things the law covers:**\n\n- **What's illegal:** Running, promoting, or even participating in an \"unlawful lottery\" (one without a licence or permit) can result in fines up to $10,000.\n- **Getting a licence:** The Commissioner (the gambling regulator) can grant licences with conditions, check that applicants are \"fit and proper\" people, and cancel licences if rules are broken.\n- **Trade promotion lotteries:** These are specifically defined — they're allowed if entry is free (though you can require buying the promoted product), with caps on costs for phone or postal entry.\n- **Banned prizes:** The Commissioner can prohibit certain goods or services from being offered as prizes.\n- **Protections:** The law requires honest conduct, protects against misleading promotions, and ensures community fundraising isn't stifled by red tape.\n\n**Why it matters:**\n\nIt creates a clear, modern framework so community groups can fundraise legally, businesses can run promotions, and the public is protected from scams or dodgy operators — while stripping out outdated rules from 1936."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the legislative text was not successfully retrieved. The page returned was an error page from the SA Legislation website, not the Lotteries Act 2019 itself."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"The Lotteries Act 2019 (SA) governs how lotteries are run in South Australia—who may operate them (licensing), rules for conduct, advertising and prize payment, consumer protections, and enforcement/penalties for unlicensed or non‑compliant operators. It primarily affects operators, promoters and players by regulating legality, fairness and player rights; this is a general summary because the full Act text was not retrieved."}},"importantCases":[],"_links":{"self":"/api/acts/lotteries-act-2019","history":"/api/acts/lotteries-act-2019/history","analysis":"/api/acts/lotteries-act-2019/analysis","conflicts":"/api/acts/lotteries-act-2019/conflicts","importantCases":"/api/acts/lotteries-act-2019/important-cases","documents":"/api/acts/lotteries-act-2019/documents"}}