NORTHERN TERRITORY OF AUSTRALIA
GAMING CONTROL (COMMUNITY GAMING) REGULATIONS 2006
As in force at 1 February 2023
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
3 Games of chance in nature of lottery ............................................... 4
Part 2 Community gaming
Division 1 Community gaming not requiring permits
4 Sweepstakes, calcuttas and bingo .................................................. 4
5 Free entry lotteries........................................................................... 5
6 Raffles ............................................................................................. 5
7 Mini-lotto and tipping competitions .................................................. 5
8 Minor trade lotteries ......................................................................... 5
9 Interstate trade lotteries ................................................................... 5
Division 2 Community gaming requiring permits
10 Major lotteries and minor lotteries.................................................... 6
11 Major trade lotteries ......................................................................... 6
Division 3 Prohibited games
12 No conduct of prohibited games ...................................................... 6
Division 4 Conduct of community gaming
13 Determining prize-winner in attendance or membership lottery ....... 6
14 Change of place, date or time of draw in major or minor lottery ...... 6
15 Publication of results of major or minor lottery ................................. 7
16 Refund etc. if certain lottery tickets not included in draw ................. 7
17 Required statement if lottery publicised before permit granted ........ 7
18 Conduct of minor trade lottery ......................................................... 8
19 Restriction on games for promotion of certain clubs ........................ 8
20 Prohibited prizes .............................................................................. 8
21 Maintenance of prizes ..................................................................... 9
22 Application to substitute prize .......................................................... 9
23 Unclaimed prizes ........................................................................... 10
Gaming Control (Community Gaming) Regulations 2006 ii
Division 5 Records and finances relating to community
gaming
24 Records to be kept for all games ................................................... 11
25 Records and statement for major or minor lottery.......................... 11
26 Audit of approved association's financial records .......................... 12
27 Banking of proceeds by approved associations............................. 13
Division 6 Control of community gaming
28 Director may direct organiser of lottery to conduct draw ................ 13
29 Lottery conducted contrary to Regulations, permit or approval...... 13
30 Complaints about conduct of game ............................................... 14
Part 3 Permits to conduct community gaming
Division 1 General
31 Application for permit ..................................................................... 14
32 Grant or refusal to grant permit...................................................... 15
33 Compliance with conditions of permit ............................................ 15
34 Variation etc. of condition or cancellation of permit ....................... 15
35 Expiry of permit.............................................................................. 15
Division 2 Major lotteries and minor lotteries
36 Application for permit to conduct major or minor lottery................. 15
37 Consideration of application for major or minor lottery permit........ 16
38 Permit to conduct major or minor lottery ........................................ 17
Division 3 Major trade lotteries
39 Application for permit to conduct major trade lottery...................... 18
40 Consideration of application for major trade lottery permit ............ 19
41 Permit to conduct major trade lottery ............................................. 19
Part 4 Approval of associations to conduct
community gaming
42 Application for approval of association .......................................... 20
43 Grant of approval or refusal to grant approval ............................... 20
44 Conditions of approval ................................................................... 21
45 Variation or revocation etc. of conditions of approval .................... 22
46 Suspension or revocation of approval ........................................... 22
47 Immediate suspension of approval in exceptional
circumstances................................................................................ 23
Section 1 - GAMING CONTROL (COMMUNITY GAMING) REGULATIONS 2006 - GAMING CONTROL (COMMUNITY GAMING) REGULATIONS 2006 | Zoe
Gaming Control (Community Gaming) Regulations 2006 iii
Part 5 Repeals and transitional matters for
Gaming Control (Community Gaming)
Regulations
48 Repeal ........................................................................................... 24
49 Saving of former approvals of associations ................................... 24
Schedule Prohibited games
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 February 2023
GAMING CONTROL (COMMUNITY GAMING) REGULATIONS 2006
Regulations under the Gaming Control Act 1993
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Gaming Control
(Community Gaming) Regulations 2006.
2 Definitions
In these Regulations, unless the contrary intention appears:
approval, of an association, means approval to conduct gaming
granted under Part 4.
approved association means an association granted approval.
association means:
(a) an association, society, institution or body carrying on its
activities entirely or partly in the Territory and formed or
carried on for any of the following purposes:
(i) religious, educational, benevolent or charitable;
(ii) providing medical treatment or attention;
(iii) promoting or encouraging literature, science, art or a
cultural activity;
(iv) recreation or amusement;
(v) beautifying or improving a community centre; or
(b) any other association, society, institution or body certified in
writing by the Director to be an association for the Act.
Part 1 Preliminary matters
Gaming Control (Community Gaming) Regulations 2006 2
attendance or membership lottery means a lottery in which a
person is entitled by his or her presence at a place, or membership
of an association, and without further charge, to be a participant
included in the draw.
authorised person, for an association, means the person
authorised under regulation 42(2).
calcutta means a game conducted in the following (or a
substantially similar) manner:
(a) each player pays a fee for a chance to win by lot a right in
respect of a participant in an event;
(b) those rights are auctioned, the holder of each right being
entitled to elect:
(i) to sell the right and receive 50% of the proceeds of the
sale; or
(ii) to retain the right by making and paying 50% of the
highest bid;
(c) the prize pool, comprising the entry fees and net auction
proceeds less any deductions permitted by these Regulations,
is distributed to the ultimate holders of the rights in respect of
successful participants in the event.
constitution means the instrument comprising the objects,
purposes, activities and rules of an association and includes any
memorandum and articles of association.
draw, in relation to a game, means the determination of a prize-
winner or prize-winners whether by actually drawing a ticket or by
some other method.
free entry lottery means either of the following:
(a) a lottery in which a ticket of admission to a meeting or other
function is also a ticket in the lottery;
(b) an attendance or membership lottery.
game means any lottery or game referred to in Part 2.
governing body means the committee or board (however
described) that has the management of an association.
Part 1 Preliminary matters
Gaming Control (Community Gaming) Regulations 2006 3
interstate trade lottery means a trade lottery:
(a) for which a permit has been granted in a State or another
Territory; and
(b) the result of which is to be determined in that State or
Territory.
major lottery means a lottery in which the total value of tickets
available for sale exceeds $20 000.
major trade lottery means a trade lottery in which the total value of
the prizes offered exceeds $5 000.
mini-lotto means a lottery, similar in nature to Tattslotto, in which
6 winning numbers are drawn at random from a total of between
7 and 40 numbers.
minor lottery means a lottery in which the total value of tickets
available for sale is $5 001 to $20 000.
minor trade lottery means a trade lottery in which the total value of
the prizes offered does not exceed $5 000.
organiser means a person who promotes or conducts gaming and
includes an approved association and an authorised person.
permit means a permit to conduct gaming granted under Part 3.
raffle means a lottery in which the total value of tickets available for
sale or the total amount of the entry fees to be charged does not
exceed $5 000.
sweepstake means a game conducted in the following (or a
substantially similar) manner:
(a) each player pays a fee for a chance to win by lot a right in
respect of a participant in an event;
(b) the prize pool, comprising the entry fees less deductions
permitted under these Regulations, is distributed to the
holders of the rights in respect of successful participants in the
event.
the Act means the Gaming Control Act 1993.
ticket includes, if the type of game requires it, a right to participate
in a game whether or not:
(a) a physical record of entry into the game is issued; or
Part 2 Community gaming
Division 1 Community gaming not requiring permits
Gaming Control (Community Gaming) Regulations 2006 4
(b) a fee is paid to enter into the game.
value means the following:
(a) in relation to a prize of goods – the retail value;
(b) in relation to a prize of services – the market value;
(c) in relation to a prize of real property – the market value.
3 Games of chance in nature of lottery
(1) In administering these Regulations, the Director may determine that
a game of chance is a lottery.
(2) A game of chance determined to be a lottery is taken to be one of
the following lotteries and the regulations relevant to the lottery
apply in relation to the game:
(a) if the total value of tickets available for sale in the game
exceeds $20 000 – a major lottery;
(b) if the total value of tickets available for sale in the game is
$5 001 to $20 000 – a minor lottery;
(c) if the total value of tickets available for sale in the game or the
total entry fee to be charged does not exceed $5 000 – a
raffle.
(3) This regulation does not apply in relation to a game that the
Minister has determined under section 53 of the Act is not a lottery.
Part 2 Community gaming
Division 1 Community gaming not requiring permits
4 Sweepstakes, calcuttas and bingo
(1) An approved association may conduct any of the following games
without holding a permit to do so:
(a) a sweepstake;
(b) a calcutta;
(c) bingo.
(2) The game must be conducted in accordance with the conditions of
the association's approval and any rules prescribed for the game.
Part 2 Community gaming
Division 1 Community gaming not requiring permits
Gaming Control (Community Gaming) Regulations 2006 5
5 Free entry lotteries
(1) An approved association may conduct a free entry lottery without
holding a permit to do so.
(2) An approved association conducting an attendance or membership
lottery must not offer a prize of an amount exceeding $10 000.
(3) The free entry lottery must be conducted in accordance with the
conditions of the association's approval.
6 Raffles
(1) An approved association may conduct a raffle without holding a
permit to do so.
(2) The raffle must be conducted in accordance with the conditions of
the association's approval.
7 Mini-lotto and tipping competitions
(1) An approved association may conduct a lottery in the nature of
mini-lotto or a tipping competition without holding a permit to do so.
(2) An approved association conducting mini-lotto or a tipping
competition must not offer prizes exceeding a total of $5 000 in
value.
(3) The mini-lotto or tipping competition must be conducted in
accordance with the conditions of the association's approval.
8 Minor trade lotteries
(1) A person (including an approved association) carrying on a trade or
business in the Territory may conduct a minor trade lottery without
holding a permit to do so.
(2) The person must not contravene these Regulations.
9 Interstate trade lotteries
(1) A person carrying on a trade or business in the Territory may
conduct an interstate trade lottery without holding a permit to do so,
other than the relevant interstate permit.
(2) A person conducting an interstate trade lottery is subject to
directions by the Director.
(3) The person must not contravene the Director's directions, these
Regulations or the conditions of the interstate permit.
Part 2 Community gaming
Division 4 Conduct of community gaming
Gaming Control (Community Gaming) Regulations 2006 6
Division 2 Community gaming requiring permits
10 Major lotteries and minor lotteries
An approved association proposing to conduct a major lottery or
minor lottery must apply under Part 3 for a permit to conduct the
gaming.
11 Major trade lotteries
A person (including an approved association) carrying on a trade or
business in the Territory who is proposing to conduct a major trade
lottery must apply under Part 3 for a permit to conduct the gaming.
Division 3 Prohibited games
12 No conduct of prohibited games
(1) For section 47(b) of the Act, a person (including an approved
association) must not conduct, or cause or allow to be conducted, a
game specified in the Schedule.
(2) Subregulation (1) does not apply to a person who is otherwise
permitted by the Act or the Gaming Machine Act 1995 to conduct,
or cause or allow to be conducted, a game specified in the
Schedule.
Division 4 Conduct of community gaming
13 Determining prize-winner in attendance or membership lottery
(1) If an approved association conducts an attendance or membership
lottery, the authorised person must ensure the association
determines the prize-winner within 4 weeks after the date on which
the prize reaches the amount offered.
(2) The winner must be determined by one of the following methods:
(a) holding repeated draws until the winner is determined;
(b) awarding the prize to the participant with the nearest correct
entry.
14 Change of place, date or time of draw in major or minor lottery
(1) If a situation beyond the control of an approved association has
prevented, or may prevent, a major lottery or minor lottery being
conducted in accordance with these Regulations or a condition of
the permit held for the lottery, the authorised person may apply to
Part 2 Community gaming
Division 4 Conduct of community gaming
Gaming Control (Community Gaming) Regulations 2006 7
the Director for approval to change the place, date or time of the
draw from that specified in the permit.
(2) The Director may approve or refuse to approve the change, stating
the reasons for a refusal.
(3) The authorised person must give public notice of an approved
change of place, date or time of a draw in accordance with the
approval.
15 Publication of results of major or minor lottery
(1) After an approved association has held the draw in a major lottery
or minor lottery, the association must:
(a) publish the result in accordance with the rules of the lottery
and the conditions of the permit held for the lottery; or
(b) if there are no relevant rules or conditions – not later than
14 days after the draw, publish the result in a newspaper
circulating in the area where the lottery was conducted.
(2) If the result is published under subregulation (1)(b) and the value of
the prize is $1 000 or more, the approved association must publish
the name of the prize-winner.
16 Refund etc. if certain lottery tickets not included in draw
(1) If a raffle ticket, major lottery ticket or minor lottery ticket sold by an
approved association is not included in the draw for the lottery, the
authorised person must, within 60 days after the draw, take all
reasonable steps to refund the amount the purchaser paid for the
ticket.
(2) If the authorised person is unable to locate the purchaser within the
specified time, the authorised person must pay the purchase price
to the Director for payment into the Community Benefit Fund.
17 Required statement if lottery publicised before permit granted
(1) This regulation applies in relation to a lottery for which a permit
must be granted under Part 3.
(2) If the organiser of the lottery gives information or issues publicity
about the lottery before the permit is granted, the organiser must
state in the information or publicity that the lottery is subject to the
grant of a permit and will not proceed if a permit is not granted.
Maximum penalty: 17 penalty units.
Part 2 Community gaming
Division 4 Conduct of community gaming
Gaming Control (Community Gaming) Regulations 2006 8
18 Conduct of minor trade lottery
(1) A person conducting a minor trade lottery must not charge an entry
fee or valuable consideration for participation in the lottery.
(2) However, a person may be required to purchase goods or services
to qualify for entry in a minor trade lottery if the chance to win a
prize is secondary to the commercial transaction and occurs after,
and as a result of, the transaction.
(3) Each entry in a minor trade lottery must have an equal probability of
winning the major prize.
19 Restriction on games for promotion of certain clubs
(1) This regulation applies to a club or similar organisation that is
prohibited by its constitution, the terms of a licence, or a law in force
in the Territory, from offering its services or other benefits of
membership to persons who are not members of the club or
genuine guests of club members.
(2) The club must not:
(a) advertise a game for the promotion of the club or its activities
to any person who is not a club member or genuine guest of a
club member; or
(b) allow any person who is not a club member or genuine guest
of a club member to enter such a game.
Maximum penalty: 17 penalty units.
20 Prohibited prizes
(1) A prize or part of a prize offered in a game must not consist of any
of the following:
(a) firearms or weapons;
(b) ammunition or explosives;
(c) tobacco products;
(d) solely liquor;
(e) solely money and liquor.
(2) A prize offered in a game may include liquor only if the value of the
liquor comprises a minor component of the total value of the prize.
Part 2 Community gaming
Division 4 Conduct of community gaming
Gaming Control (Community Gaming) Regulations 2006 9
(3) If liquor comprises a minor component of the total value of a prize,
the liquor must not be advertised or represented as a major
component of the prize.
(4) The organiser of a game must not award to a person under
18 years of age a prize that includes liquor or other goods or
services which, under a law in force in the Territory, are prohibited
to be sold or supplied to such a person.
(5) If a person under 18 years of age wins a prize referred to in
subregulation (4), the organiser must pay the person a monetary
amount equivalent to the value of the goods or services not
awarded.
(6) A person who contravenes subregulation (1), (2), (3), (4) or (5) in
conducting a calcutta, sweepstake or bingo commits an offence.
Maximum penalty: 17 penalty units.
(7) A person who contravenes subregulation (1), (2), (3), (4) or (5):
(a) in conducting a lottery commits an offence against
section 38(2) of the Act; or
(b) in conducting a trade lottery commits an offence against
section 39(2) of the Act.
21 Maintenance of prizes
(1) The organiser of a game must carefully preserve all the prizes
offered in the game until the prize-winners take possession of them
or they are disposed of in accordance with these Regulations.
(2) The organiser of a game in which a prize is real property must
maintain the improvements on the real property and keep it insured
for the full market value against loss or damage until the date of
transfer to the prize-winner.
(3) The organiser of a game in which a prize is real property is, until the
real property is transferred to the prize-winner:
(a) liable for the outgoings on the real property; and
(b) entitled to receive the rents and profits from the real property.
22 Application to substitute prize
(1) The organiser of a game may apply in writing to the Director for
approval to substitute a prize offered in the game.
Part 2 Community gaming
Division 4 Conduct of community gaming
Gaming Control (Community Gaming) Regulations 2006 10
(2) The application must include the following:
(a) a description and the value of the prize that was to have been
awarded;
(b) a description and the value of the substituted prize;
(c) the reason for the substitution.
(3) The application must be accompanied by documentary evidence
verifying the value of the substituted prize.
(4) If the application relates to a prize with a value of $500 or more, the
applicant must give details of the following:
(a) the steps intended to be taken to inform participants in the
game about the substitution;
(b) if applicable – the opportunity to be given to participants in the
game to obtain refunds of amounts paid for tickets.
(5) The Director may refuse to consider the application if it is not in
accordance with this regulation.
23 Unclaimed prizes
(1) If a prize (other than perishable goods) in a game conducted by an
approved association remains unclaimed for more than 3 months
after the date on which the prize is won, the approved association
must pay or deliver the prize to the Director.
(2) The Director must:
(a) if the unclaimed prize is comprised of money – pay the money
into the Community Benefit Fund; or
(b) if the unclaimed prize is not comprised of money – sell the
prize in the manner the Director considers will bring a
reasonable price and pay the proceeds into the Community
Benefit Fund.
(3) If the unclaimed prize contains perishable goods, the approved
association may dispose of the goods in a manner that will bring a
reasonable price and may apply the amount to the aid and support
of the approved association.
Part 2 Community gaming
Division 5 Records and finances relating to community gaming
Gaming Control (Community Gaming) Regulations 2006 11
Division 5 Records and finances relating to community
gaming
24 Records to be kept for all games
(1) The organiser of a game must keep full records of the conduct of
the game, including details of the following:
(a) the entries received;
(b) the allocation of prizes;
(c) the income and expenditure associated with the game.
(2) The organiser must:
(a) keep the records in writing in the English language or so as to
enable the records to be readily accessible and convertible
into writing in the English language; and
(b) keep all receipts, invoices and other records relating to the
income and expenditure associated with the game; and
(c) maintain records of discounts, rebates or other allowances
provided in relation to the purchase of items offered as prizes
in the game.
(3) The organiser must:
(a) keep the records relating to a major lottery, or a trade lottery in
which the total value of the prizes offered is more than
$20 000, for not less than 7 years after all the prizes have
been awarded or otherwise disposed of in accordance with
these Regulations; and
(b) keep the records relating to any other game for 2 years after
all the prizes have been awarded or otherwise disposed of in
accordance with these Regulations.
Maximum penalty: 17 penalty units.
25 Records and statement for major or minor lottery
(1) The organiser of a major lottery or minor lottery must keep the
unsold tickets and the butts of the tickets sold in the lottery for
12 months after the draw or for a shorter time approved by the
Director in a particular case.
Part 2 Community gaming
Division 5 Records and finances relating to community gaming
Gaming Control (Community Gaming) Regulations 2006 12
(2) Not later than 2 months after an approved association has held the
draw in a major lottery or minor lottery, the association must lodge
with the Director a statement including the following details:
(a) the prizes of the lottery that are unclaimed or have not been
awarded, including their value and the name and address of
the person who has custody of them;
(b) the money received by or on behalf of the approved
association in connection with the lottery, including details of
the sources of the money;
(c) all other expenses incurred in the promotion or conduct of the
lottery, including payments for services rendered in connection
with the lottery.
26 Audit of approved association's financial records
(1) An approved association must ensure the financial records relating
to all games conducted by the association during its financial year
are audited by a registered company auditor within the meaning of
the Corporations Act 2001 or by a person with appropriate
qualifications who is approved by the Director.
(2) The registered company auditor or approved person must prepare
a statement as to whether the financial records relating to the
games conducted during the association's financial year give a true
and fair view of the financial matters relating to those games.
(3) If the registered company auditor or approved person issues a
qualified audit report, the approved association must submit a copy
of the report to the Director not later than 14 days after the
approved association receives the report.
Maximum penalty: 17 penalty units.
(4) The Director may, by written notice, require an approved
association to submit a copy of an audit report within the period
specified in the notice.
(5) The financial records relating to games may be audited under this
regulation as part of the annual audit of the financial affairs of the
association.
Part 2 Community gaming
Division 6 Control of community gaming
Gaming Control (Community Gaming) Regulations 2006 13
27 Banking of proceeds by approved associations
As soon as practicable after conducting a game, an approved
association must pay the proceeds of the game into an account at
an ADI.
Maximum penalty: 17 penalty units.
Division 6 Control of community gaming
28 Director may direct organiser of lottery to conduct draw
If circumstances require it, the Director may direct the organiser of
a lottery to conduct the draw in the lottery and award the prize or
prizes.
29 Lottery conducted contrary to Regulations, permit or approval
(1) This regulation applies if:
(a) an approved association has conducted a raffle, major lottery
or minor lottery in a manner not in accordance with these
Regulations, a condition of the association's approval or a
condition of a permit granted for the lottery; or
(b) a person has conducted a trade lottery in a manner contrary to
these Regulations or a condition of a permit granted for the
lottery.
(2) The Director may do any of the following:
(a) validate the draw in the lottery;
(b) invalidate the draw in the lottery and direct that a further draw
take place under the Director's supervision and in accordance
with conditions the Director considers appropriate;
(c) rescind the lottery and direct the organiser of the lottery to
take the action the Director considers appropriate.
(3) If the Director rescinds a raffle, major lottery or minor lottery, the
organiser of the lottery must do the following:
(a) not later than 60 days after the date of rescission – take all
reasonable steps to refund the total amount each purchaser
paid for entry into the lottery;
Part 3 Permits to conduct community gaming
Division 1 General
Gaming Control (Community Gaming) Regulations 2006 14
(b) if unable to locate any of the purchasers within the specified
time – pay to the Director, for payment into the Community
Benefit Fund, the total amount paid by the purchasers for
entry into the lottery.
Maximum penalty: 17 penalty units.
(4) This regulation does not affect the liability of a person to be
prosecuted for an offence against the Act or these Regulations.
30 Complaints about conduct of game
(1) A person who is dissatisfied with the conduct of a game may make
a written complaint to the Director setting out the grounds for the
complaint.
(2) The Director must take all reasonable steps to investigate the
complaint.
(3) After investigating the complaint, the Director may:
(a) direct an approved association, authorised person or any
other person to adopt, vary or cease to carry out a practice in
the conduct of the game; or
(b) to resolve the complaint, give any person a direction (including
a direction about the awarding of a prize) consistent with the
Act, these Regulations and the conditions of any relevant
approval or permit.
(4) An approved association, authorised person or other person given
a direction by the Director must not contravene the direction.
Maximum penalty: 17 penalty units.
Part 3 Permits to conduct community gaming
Division 1 General
31 Application for permit
(1) An approved association or other person required under Part 2,
Division 2 to apply for a permit to conduct gaming must lodge with
the Director an application for the relevant permit.
(2) The application must be in an approved form.
(3) The Director may give the applicant written notice requiring the
applicant to provide further information relevant to the application.
Part 3 Permits to conduct community gaming
Division 2 Major lotteries and minor lotteries
Gaming Control (Community Gaming) Regulations 2006 15
32 Grant or refusal to grant permit
(1) After considering an application for a permit, the Director may grant
or refuse to grant the permit.
(2) If the Director refuses to grant the permit, the Director must give the
applicant for the permit a written notice stating the reasons for the
refusal.
33 Compliance with conditions of permit
An approved association or other person who holds a permit must
conduct the gaming for which the permit is granted in accordance
with the conditions of the permit.
34 Variation etc. of condition or cancellation of permit
(1) The Director may, by written notice to the holder of a permit:
(a) vary or revoke a condition of the permit; or
(b) impose new conditions on the permit; or
(c) cancel the permit.
(2) The holder of a permit may apply to the Director for the variation of
a condition of the permit or the cancellation of the permit and the
Director may, by written notice:
(a) vary the condition or cancel the permit; or
(b) refuse to vary the condition or cancel the permit, stating the
reasons for the refusal.
35 Expiry of permit
Unless previously cancelled, a permit expires on the date specified
in the permit.
Division 2 Major lotteries and minor lotteries
36 Application for permit to conduct major or minor lottery
(1) Subject to subregulation (2), an application for a permit to conduct a
major lottery or minor lottery must include the following particulars:
(a) the name and address of the approved association making the
application and of the authorised person for the association;
(b) the purpose for which the lottery is to be conducted;
Part 3 Permits to conduct community gaming
Division 2 Major lotteries and minor lotteries
Gaming Control (Community Gaming) Regulations 2006 16
(c) the rules of the lottery, the manner in which tickets will be sold
and the method of determining the winners;
(d) the total number of tickets to be available for sale and the
value of each ticket;
(e) the period during which tickets will be on sale;
(f) the date, time and place for the draw;
(g) a draft layout of the ticket;
(h) the prize structure, including a description and the value of
each prize to be offered, any conditions that may apply to the
awarding of prizes, and the location at which prizes will be on
display;
(i) a statement of whether the lottery is to be conducted on behalf
of the approved association by an agent or other person in
return for a fee, wages or salary and the extent to which it is
anticipated this will affect the amount of lottery proceeds to be
applied to the purpose of the lottery;
(j) any other particulars relevant to the application and
reasonably required by the Director.
(2) The Director may vary the particulars to be included in a specific
application or class of applications.
37 Consideration of application for major or minor lottery permit
In considering an application for a permit to conduct a major lottery
or minor lottery, the Director must take into account the following
matters:
(a) whether the conduct of the lottery will be in accordance with
the Act, these Regulations and any conditions of the approved
association's approval;
(b) whether the lottery will be conducted in good faith for the
purposes stated in the application;
(c) if the lottery is to be conducted on behalf of the approved
association by an agent or other person in return for a fee,
wages or salary – whether a disproportionate amount of the
proceeds will be used for that purpose;
(d) whether the total value of the prize or prizes to be offered will
be more than one third of the total value of the total number of
tickets that will be available for sale;
Part 3 Permits to conduct community gaming
Division 2 Major lotteries and minor lotteries
Gaming Control (Community Gaming) Regulations 2006 17
(e) the manner in which the prize or prizes offered will be
displayed or described;
(f) any conditions that may apply to the awarding of prizes;
(g) whether the lottery will be viable in terms of the following
matters:
(i) the total value of the tickets available for sale;
(ii) the total number of the tickets available for sale and the
value of each ticket;
(iii) a description and the value of each prize offered;
(iv) the period during which the tickets will be offered for
sale;
(h) whether the constitution of the approved association provides
for fundraising in the manner proposed;
(i) whether the stated purpose of the lottery is in accordance with
the objects of the approved association;
(j) the previous performance of the approved association in
conducting gaming and whether the approved association has
been or is in breach of these Regulations;
(k) the likelihood of the lottery, if conducted in the manner
proposed, proceeding to a satisfactory conclusion;
(l) whether the lottery is likely to cause public offence or is
otherwise contrary to the public interest;
(m) any other matter relevant to the application.
38 Permit to conduct major or minor lottery
A permit granted to an approved association to conduct a major
lottery or minor lottery must be in writing and must include the
following particulars:
(a) the name and address of the approved association and
authorised person;
(b) the total number of tickets available for sale in the lottery and
the value of each ticket;
(c) the period during which tickets will be on sale;
(d) the date, time and place of the draw;
Part 3 Permits to conduct community gaming
Division 3 Major trade lotteries
Gaming Control (Community Gaming) Regulations 2006 18
(e) a description and the value of each prize offered;
(f) the conditions to which the permit is subject, including the
following:
(i) the conduct of the lottery must not contravene the Act,
these Regulations or the conditions of the permit;
(ii) the lottery must be conducted in good faith for the
purpose specified in the application;
(iii) each entry must have an equal probability of winning the
major prize.
Division 3 Major trade lotteries
39 Application for permit to conduct major trade lottery
(1) Subject to subregulation (2), an application for a permit to conduct a
major trade lottery must include the following particulars:
(a) the name of the person proposing to conduct the major trade
lottery;
(b) the name and address of the trade or business in respect of
which the major trade lottery is to be conducted;
(c) the rules of the major trade lottery, the manner in which tickets
will be issued and the method of determining the winners;
(d) the prize structure, including a description and the value of
each prize to be offered, any conditions that may apply to the
awarding of prizes, and the location at which prizes are to be
on display;
(e) the period during which the major trade lottery will be
conducted;
(f) the date, time and place of the draw;
(g) the method of notifying the prize-winners and publishing the
results of the draw;
(h) any other particulars relevant to the application and
reasonably required by the Director.
(2) The Director may vary the particulars to be included in a specific
application or class of applications.
Part 3 Permits to conduct community gaming
Division 3 Major trade lotteries
Gaming Control (Community Gaming) Regulations 2006 19
40 Consideration of application for major trade lottery permit
In considering an application for a permit to conduct a major trade
lottery, the Director must take into account the following matters:
(a) whether the conduct of the major trade lottery will be in
accordance with the Act and these Regulations;
(b) whether the major trade lottery will be conducted in good faith;
(c) any other matter relevant to the application.
41 Permit to conduct major trade lottery
(1) A permit granted to a person to conduct a major trade lottery must
be in writing and must include the following particulars:
(a) the name and address of the trade or business the major trade
lottery is promoting;
(b) the period during which the major trade lottery will be
conducted;
(c) the date, time and place of the draw;
(d) a description and the value of each prize offered;
(e) the conditions to which the permit is subject, including the
following:
(i) the conduct of the major trade lottery must not
contravene the Act, these Regulations or the conditions
of the permit;
(ii) the person conducting the major trade lottery must not
charge an entry fee or valuable consideration for
participation in the lottery;
(iii) each entry must have an equal probability of winning the
major prize.
(2) Despite subregulation (1)(e)(ii), a person may be required to
purchase goods or services to qualify for entry in a major trade
lottery if the chance to win a prize is secondary to the commercial
transaction and occurs after, and as a result of, the transaction.
Part 4 Approval of associations to conduct community gaming
Gaming Control (Community Gaming) Regulations 2006 20
Part 4 Approval of associations to conduct
community gaming
42 Application for approval of association
(1) The governing body of an association proposing to conduct gaming
must apply to the Director for approval.
(2) Before applying for approval, the association must:
(a) authorise a member of the association to act on its behalf in
applying these Regulations; and
(b) obtain from the member a signed notice of consent to act on
behalf of the association in applying these Regulations, stating
the person's full name, address and contact details.
(3) The application must be in the approved form and must be
accompanied by:
(a) one of the following:
(i) a copy of the certificate of incorporation of the
association;
(ii) a copy of the advice of an incorporating authority that the
association is ineligible for incorporation;
(iii) a statement by the governing body giving reasons why
the association is not incorporated; and
(b) a copy of the constitution of the association in force at the date
of the application, certified as a true copy of the original by the
secretary or public officer of the association or by a person
authorised by the association to make the certification; and
(c) a document identifying the members of the governing body;
and
(d) a copy of the authorised person's notice of consent to act in
that capacity.
(4) The Director may require the governing body to provide additional
information or documents relevant to the application.
43 Grant of approval or refusal to grant approval
(1) The Director may grant an association approval or may refuse to
grant approval.
Part 4 Approval of associations to conduct community gaming
Gaming Control (Community Gaming) Regulations 2006 21
(2) Before granting approval, the Director may require the association
to amend its constitution or apply to the relevant incorporating
authority for incorporation.
(3) The approval of an association:
(a) must be by written notice; and
(b) is subject to the conditions referred to in regulation 44; and
(c) may be subject to additional conditions imposed by the
Director and specified in the notice of approval.
(4) If the Director refuses to grant approval, the Director must give the
association a written notice stating the reasons for the refusal.
44 Conditions of approval
(1) The conditions of approval are that the approved association:
(a) must not contravene the Act, these Regulations or any
additional conditions imposed by the Director; and
(b) must, as soon as practicable after the authorised person
ceases to act in that capacity, authorise another member of
the approved association to be the authorised person; and
(c) must, not later than 14 days after holding the annual general
meeting, lodge with the Director a notice in an approved form
identifying the members of the governing body of the
approved association; and
(d) must notify the Director, in writing, not later than 14 days after
any of the following occurs:
(i) the authorised person ceases to act in that capacity;
(ii) the street or postal address of the approved association
changes;
(iii) an alteration is made to the constitution that relates to
the objects or purposes of the approved association or to
the non-profit or dissolution clauses;
(iv) the approved association ceases to carry out its objects
or purposes;
(v) a resolution is passed by the approved association that it
be wound up;
Part 4 Approval of associations to conduct community gaming
Gaming Control (Community Gaming) Regulations 2006 22
(vi) the Director as defined in section 4 of the Associations
Act 2003 or a court orders the dissolution of the
approved association; and
(e) must, not later than 14 days after the approved association
has authorised a member to be the authorised person, lodge
with the Director a copy of the member's notice of consent to
act in that capacity.
(2) If the approved association notifies the Director under
subregulation (1)(d)(iii), it must also lodge a copy of the resolution
authorising the alteration to its constitution, certified as a true copy
of the original by the secretary or public officer of the association or
by a person authorised by the association to make the certification.
45 Variation or revocation etc. of conditions of approval
(1) The Director may, by written notice to an approved association
stating the reasons for the action:
(a) vary or revoke conditions of its approval; or
(b) impose new conditions on its approval.
(2) An approved association may apply to the Director for a variation or
revocation of a condition of its approval and the Director may, by
written notice:
(a) vary or revoke the condition; or
(b) refuse to vary or revoke the condition, stating the reasons for
the refusal.
46 Suspension or revocation of approval
(1) The Director may suspend or revoke the approval of an approved
association on any of the following grounds:
(a) the approval was based on information, documents or
statements in the application for approval that were false or
misleading in a material particular;
(b) the approved association has contravened the Act, these
Regulations, a condition of its approval or a condition of a
permit;
(c) the Director considers the integrity of a game conducted by
the approved association may be threatened;
Part 4 Approval of associations to conduct community gaming
Gaming Control (Community Gaming) Regulations 2006 23
(d) the Director considers the approved association has acted
contrary to its constitution or the public interest;
(e) an alteration to the constitution of the approved association is
inconsistent with the requirements for continued approval.
(2) The Director must give the governing body of the approved
association written notice of the proposal to suspend or revoke the
association's approval, stating the following:
(a) whether the Director proposes to suspend or revoke the
approval;
(b) the grounds for the proposed suspension or revocation;
(c) the governing body may, not later than 14 days after the date
of the notice, give the Director a written submission stating the
reasons why the Director should not suspend or revoke the
approval.
(3) After the expiry of the time allowed for giving a submission, the
Director must consider any submission made by the governing
body and must do one of the following:
(a) determine to take no further action in respect of the proposed
suspension or revocation;
(b) suspend the approval for a specified period or until the
association takes a specified action;
(c) revoke the approval.
(4) A suspension may be subject to conditions specified in the notice of
suspension.
(5) The Director must give the governing body written notice of the
Director's determination or action.
47 Immediate suspension of approval in exceptional
circumstances
(1) The Director may immediately suspend the approval of an
approved association if an act, omission or other thing constituting
a ground for suspension or revocation under regulation 46 is
sufficiently serious to warrant immediate suspension.
Part 5 Repeals and transitional matters for Gaming Control (Community Gaming)
Regulations
Gaming Control (Community Gaming) Regulations 2006 24
(2) An act, omission or other thing is sufficiently serious to warrant
immediate suspension if it threatens:
(a) the integrity of a game conducted by the approved
association; and
(b) the interests of the participants in the game.
(3) The Director must give the governing body of the approved
association a notice stating:
(a) the reasons for the immediate suspension; and
(b) that the governing body may, not later than 14 days after the
date of the notice, give the Director a written submission
stating the reasons why the Director should remove the
suspension.
(4) The notice may include conditions relating to any game being
conducted by the approved association at the time the notice is
given.
(5) The approved association must not contravene a condition included
in the notice.
Maximum penalty: 17 penalty units.
(6) If after considering a submission from the governing body the
Director refuses to remove the suspension, the Director must give
the governing body a written notice stating the reasons for the
refusal.
(7) The notice of reasons for the refusal must be given not later than
28 days after the submission is received.
Part 5 Repeals and transitional matters for Gaming
Control (Community Gaming) Regulations
48 Repeal
The Gaming Control (Community Gaming) (Sweepstakes)
Regulations 1996 (Regulations No. 49 of 1996) are repealed.
49 Saving of former approvals of associations
The approval of an association to conduct gaming in force
immediately before the commencement of these Regulations is
taken to have been granted under these Regulations.
Schedule Prohibited games
Gaming Control (Community Gaming) Regulations 2006 25
Schedule Prohibited games
regulation 12
American Roulette
Baccarat
Big Six Wheel (Money Wheel)
Blackjack
Craps
Keno
Pai Gow
Poker (all versions)
Poker machines
Sic Bo (Big and Small)
Two Up
ENDNOTES
Gaming Control (Community Gaming) Regulations 2006 26
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Gaming Control (Community Gaming) Regulations (SL No. 6, 2006)
Notified 15 February 2006
Commenced 15 February 2006
Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)
Assent date 18 November 2010
Commenced 1 February 2011 (Gaz S6, 1 February 2011)
Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)
Assent date 5 December 2014
Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)
Gaming Control (Community Gaming) Amendment Regulations (SL No. 38, 2017)
Notified 29 November 2017
Commenced 29 November 2017
Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)
Assent date 9 March 2020
Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)
Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)
Assent date 31 October 2022
Commenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,
21 December 2022, p 1)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2, 12, 44 and 48.
ENDNOTES
Gaming Control (Community Gaming) Regulations 2006 27
4 LIST OF AMENDMENTS
rr 2 – 3 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 5 amd No. 38, 2017, r 4
r 9 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 14 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 16 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 17 amd Act No. 38, 2010, s 3
rr 19 – 20 amd Act No. 38, 2010, s 3
rr 22 – 23 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 24 amd Act No. 38, 2010, s 3
r 25 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 26 amd Act No. 38, 2010, s 3; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 27 amd Act No. 38, 2010, s 3
r 28 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 29 – 30 amd Act No. 38, 2010, s 3; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 31 – 32 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 34 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 36 – 37 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 39 – 40 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
rr 42 – 43 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 44 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87; Act No. 21, 2022, s 50
rr 45 – 46 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 47 amd Act No. 38, 2010, s 3; Act No. 44, 2014, s 145; Act No. 4, 2020, s 87