65Prizes

65 Prizes (1) A person who conducts a trade promotion lottery under section 5.7.2 may substitute a prize for another prize only if— (a) a person conducting the lottery and the prize winner agree in writing to the substitution of the original prize for the other prize; and (b) the substituted prize is of the same or greater value than the original prize. (2) Despite subregulation (1), a person who conducts a trade promotion lottery may substitute a prize for another prize without reaching an agreement with the prize winner if— (a) the circumstances in which the prize has become unavailable are beyond the reasonable control of the person who conducts the trade promotion lottery; and (b) reasonable attempts have been made to reach an agreement with the winner and were unsuccessful; and (c) the prize is of the same or greater value than the original prize. Part 6—Community and charitable gaming Division 1—Sporting or recreational clubs or associations 66 Sporting or recreational club or association For the purposes of section 8.3.3(1)(b) of the Act, a sporting or recreational club or association is of a prescribed kind if— (a) it has a bona fide membership; and (b) it has been formed for recreational purposes or the promotion of any sport; and (c) if it is incorporated, it can show continuing compliance with the requirements of the law under which it is incorporated; and (d) if it is unincorporated— (i) it is managed by a committee, elected by the general body of members for a period of not less than 12 months, which meets regularly; and (ii) it consistently holds annual general meetings; and (iii) it records its decisions accurately in writing; and (e) it has a treasurer who maintains proper financial records and presents a statement of income and expenditure and a balance sheet at its annual general meeting; and (f) it operates a banking account in its name; and (g) when it issues cheques, the cheques are signed by no fewer than 2 authorised officers of the club or association; and (h) it has a constitution which provides that, in the event of the club or association being disbanded, its net assets are not to be distributed to members but are to be distributed to— (i) a fund with objectives similar to those of the club or association; or (ii) a fund which is appropriated exclusively for a purpose referred to in paragraph (b)(i) of the definition of ***community purpose*** in section 1.3(1) of the Act; or (iii) a community or charitable organisation. Division 2—Conduct of bingo