Part 1 Preliminary

Part 1 Preliminary

1 Name of regulation

1 Name of regulation

This regulation is the Public Lotteries Regulation 2026.

2 Commencement

2 Commencement

This regulation commences on 1 September 2026.

Note—

This regulation replaces the Public Lotteries Regulation 2016, which is repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

3 Definitions

In this regulation—

community language player information brochure, for Part 3—see section 8.

Department means the department in which the Act is administered.

Liquor & Gaming NSW means the part of the Department known as Liquor & Gaming NSW.

player information brochure, for Part 3—see section 8.

Secretary means the Secretary of the Department.

the Act means the Public Lotteries Act 1996.

total prize money, for Part 3—see section 8.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Prizes

Part 2 Prizes

4 Period in which prizes may be claimed

4 Period in which prizes may be claimed

For the Act, section 27A(1), a claim for an unclaimed prize must be made on or before the sixth anniversary of the date on which the public lottery to which the prize relates was conducted.

5 Disposal of money in prize funds if licence no longer in force

5 Disposal of money in prize funds if licence no longer in force

For the Act, section 27(10), the Minister may, with the approval of the Treasurer, dispose of the money in a way the Minister considers appropriate.

6 Publicity about prizewinners

6 Publicity about prizewinners

For the Act, section 38(2), an entrant in a public lottery may request anonymity—

(a) in accordance with the rules of the public lottery, or

(b) when claiming a prize—by indicating to the licensee, or an agent or employee of the licensee, that the person does not want the person’s identity published.

7 Payment of prizes by agents

7 Payment of prizes by agents

For the Act, section 39A, the prescribed amount is—

(a) for a game of keno—$9,999, or

(b) otherwise—$1,500.

Part 3 Responsible conduct of gambling activities

Part 3 Responsible conduct of gambling activities

8 Definitions

8 Definitions

In this part—

community language player information brochure means a brochure approved by the Secretary under section 9(2) and published on a website maintained by Liquor & Gaming NSW.

player information brochure means a brochure approved by the Secretary under section 9(1) and published on a website maintained by Liquor & Gaming NSW.

total prize money means the total amount of money payable to a person as a result of the person winning money from a single entry in a public lottery, whether the entry relates to one or more games in the public lottery.

9 Approval of player information brochures

9 Approval of player information brochures

(1) For the Act, section 83A(1) and (2)(c), the Secretary may approve brochures and pamphlets containing player information in English.

(2) The Secretary may approve brochures and pamphlets containing player information in a language other than English.

(3) A brochure or pamphlet approved under subsection (1) may include information in a language other than English that—

(a) indicates the substance of the information in the brochure or pamphlet, and

(b) advises that a licensee or agent must, on request, supply a brochure or pamphlet approved under subsection (2) containing player information in that language.

(4) The Secretary may vary or withdraw an approval given under this section.

(5) In this section—

player information means the following—

(a) information about the chances of winning a major prize in a public lottery,

(b) the phone number for a gambling helpline,

(c) other information the Secretary considers appropriate.

10 Provision of player information brochures

10 Provision of player information brochures

(1) For the Act, section 83A(1) and (2)(c), an agent of a licensee must ensure copies of a player information brochure are—

(a) available at each point of sale under the control of the agent for tickets for each public lottery conducted by the licensee, and

(b) displayed in a way that a person purchasing a ticket at the point of sale would reasonably be expected to be alerted to the brochures.

Maximum penalty—50 penalty units.

(2) The licensee must give the agent—

(a) sufficient copies of a player information brochure to enable the agent to comply with subsection (1), and

(b) if the agent requests—further copies of the brochure.

Maximum penalty—50 penalty units.

(3) In this section—

ticket includes an entry in or subscription to a public lottery.

11 Provision of community language player information brochures

11 Provision of community language player information brochures

For the Act, section 83A(1) and (2)(c), if a person requests a community language player information brochure from a licensee or an agent of a licensee, the licensee or agent must, as soon as practicable, give the person the brochure.

Maximum penalty—50 penalty units.

12 Gambling information and warnings

12 Gambling information and warnings

(1) For the Act, section 83A(2)(d), a licensee must ensure that each printed entry form and ticket for a public lottery conducted by the licensee contains the following—

Help is close at hand

www.gambleaware.nsw.gov.au

1800 858 858

Maximum penalty—50 penalty units.

(2) A licensee must ensure, for a public lottery conducted by the licensee with digital entry forms or tickets, the following is contained in each entry form or ticket or is otherwise clearly displayed during the entry process—

Help is close at hand

www.gambleaware.nsw.gov.au

1800 858 858

Maximum penalty—50 penalty units.

(3) Subsection (1) does not apply to instant lottery tickets known as “scratch-its”.

(4) A licensee must ensure that each “scratch-it” that costs $5 or more in a public lottery conducted by the licensee contains the following—

Help is close at hand

1800 858 858

Maximum penalty—50 penalty units.

(5) For the Act, section 83A(2)(c), a licensee must ensure that written material provided by the licensee to the public to explain how to enter a public lottery contains—

(a) a statement about gambling help options approved by the Secretary, and

(b) an explanation of the chances of winning—

(i) a major prize in the public lottery, or

(ii) if there are different prize divisions in the public lottery—a prize in each division.

Maximum penalty—50 penalty units.

(6) If tickets for, entries in or subscriptions to a public lottery conducted by a licensee may be purchased on an online platform, the licensee must ensure the online platform contains—

(a) the information contained in a player information brochure, and

(b) an explanation of the chances of winning—

(i) a major prize in the public lottery, or

(ii) if there are different prize divisions in the public lottery—a prize in each division.

Maximum penalty—50 penalty units.

(7) In this section—

online platform includes a website or mobile app.

13 Counselling signs must be displayed

13 Counselling signs must be displayed

(1) For the Act, section 83A(1) and (2)(c), an agent of a licensee must display a gambling counselling sign—

(a) at each point of sale under the control of the agent for tickets for each public lottery conducted by the licensee, and

(b) in a way that a person purchasing a ticket at the point of sale would reasonably be expected to be alerted to the sign.

Maximum penalty—50 penalty units.

(2) The licensee must give the agent—

(a) sufficient copies of a gambling counselling sign to enable the agent to comply with subsection (1), and

(b) if the agent requests—further copies of the signs.

Maximum penalty—50 penalty units.

(3) In this section—

gambling counselling sign means a notice—

(a) containing a statement about gambling help options approved by the Secretary, and

(b) in the form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

ticket includes an entry in or subscription to a public lottery.

14 Advertising of public lotteries

14 Advertising of public lotteries

(1) For the Act, sections 39(1)(b) and 83A(2)(a), public lottery advertising must not—

(a) encourage a breach of the law, or

(b) depict children, or

(c) suggest that winning will be a definite outcome of participating in a public lottery, or

(d) suggest that entering a public lottery will definitely improve a person’s financial prospects.

(2) Public lottery advertising must—

(a) be conducted in accordance with decency, dignity and good taste, and

(b) be conducted in accordance with the Commercial Television Industry Code of Practice, as in force when the public lottery advertising is published, and

(c) include a statement about gambling help options approved by the Secretary.

(3) Subsection (2)(c) does not apply to advertising published by oral means only, including over the radio.

15 Payments by electronic funds transfer for keno

15 Payments by electronic funds transfer for keno

(1) This section applies if the total prize money payable to a person for a game of keno at the end of a customer session is more than $5,000.

(2) For the Act, sections 83(2)(b) and 83A(1), the licensee or agent of the licensee responsible for paying the total prize money must pay the following amounts by electronic funds transfer to an account nominated by the person—

(a) the part of the total prize money that is more than $5,000, or

(b) if the person requests—the total prize money.

Maximum penalty—50 penalty units.

(3) In this section—

customer session means the period of time—

(a) starting when a subscriber to a game of keno—

(i) makes an entry in a game of keno, or

(ii) checks a receipt ticket in a game of keno, or

(iii) cancels an entry in a game of keno, and

(b) ending when the End Customer terminal key is activated.

16 Payments by electronic funds transfer for games other than keno

16 Payments by electronic funds transfer for games other than keno

(1) This section applies if the total prize money payable to a person for a public lottery other than a game of keno is more than $1,500.

(2) For the Act, sections 83(2)(b) and 83A(1), the licensee or agent of the licensee responsible for paying the total prize money must pay the total prize money by electronic funds transfer to an account nominated by the person.

Maximum penalty for subsection (2)—50 penalty units.

17 Gambling inducements

17 Gambling inducements

(1) For the Act, section 83A(2)(b), a relevant person must not offer or supply free or discounted liquor as an inducement to participate, or to participate frequently, in a public lottery.

Maximum penalty—50 penalty units.

(2) In this section—

liquor has the same meaning as in the Liquor Act 2007.

relevant person means the following—

(a) a licensee,

(b) an agent of a licensee,

(c) an employee of a licensee,

(d) an employee of an agent of a licensee.

Part 4 Miscellaneous

Part 4 Miscellaneous

18 Licensees must inform Minister of changed circumstances

18 Licensees must inform Minister of changed circumstances

For the Act, section 52(1), the following are prescribed—

(a) the kinds of changes relating to licensees set out in Schedule 1,

(b) for each change—the particulars set out opposite the change in Schedule 1.

19 Meaning of “exempt contract”

19 Meaning of “exempt contract”

(1) For the Act, section 62, definition of exempt contract, paragraph (b), the following classes of contract are prescribed—

(a) a contract of employment,

(b) a contract relating to the supply or maintenance of gaming, security or surveillance equipment,

(c) a contract relating to the supply of gas, water, electricity, postal or telecommunications services to a licensee or agent,

(d) a contract relating to the supply of legal, accounting, financial, corporate or property advisory services to a licensee or agent,

(e) a contract relating to the supply of share registry services to a licensee or agent,

(f) a contract relating to the supply of airline services to a licensee or agent,

(g) a contract of insurance or a contract relating to the supply of insurance to, or the procurement of insurance for, a licensee or agent,

(h) a contract relating to the supply of off-site parking for premises used or to be used by a licensee or agent in connection with the conduct of a public lottery,

(i) a contract relating to the supply of ticketing agency services to a licensee or agent,

(j) a contract relating to the supply of superannuation services for the benefit of employees of a licensee or agent,

(k) a contract relating to the supply of banking or financial services to a licensee or agent,

(l) a contract relating to the supply of membership services by an industry representative body to a licensee or agent,

(m) a contract relating to the supply of market research, marketing, advertising or promotional goods or services to a licensee or agent,

(n) a contract relating to the supply of document destruction services or waste services to a licensee or agent,

(o) a contract of sponsorship,

(p) a contract relating to the supply of auditing services to a licensee or agent,

(q) a contract relating to the supply of information technology services for data governance or cloud-based services to a licensee or agent,

(r) a contract that varies the terms of an existing controlled contract in relation to one or both of the following—

(i) the period in which the controlled contract is in force, if the variation—

(A) is in accordance with an option to extend in the existing controlled contract, or

(B) does not result in the total period of the contract being more than 5 years,

(ii) pricing specified in the controlled contract,

(s) a contract that varies a definition in an existing controlled contract, if the definition does not materially affect the operation or effect of the controlled contract.

(2) Despite subsection (1)(b), the following contracts are not prescribed—

(a) a contract relating to the supply of gaming equipment if the amount payable under the contract is $20,000 or more during a 12-month period,

(b) a contract relating to the maintenance of gaming equipment if the amount payable under the contract is $20,000 or more during a 12-month period,

(c) a contract relating to the supply or maintenance of security or surveillance equipment if the amount payable under the contract is $150,000 or more during a 12-month period.

(3) In this section—

gaming equipment has the same meaning as in the Casino Control Act 1992.

20 Fee for notice of proposed or varied controlled contracts

20 Fee for notice of proposed or varied controlled contracts

For the Act, section 63(3), the prescribed fee is $2,600.

21 Penalty notices

21 Penalty notices

(1) For the Act, section 75A(2)—

(a) each offence created by a provision specified in Schedule 2 is an offence for which a penalty notice may be issued, and

(b) the amount payable for the penalty notice is the amount specified opposite the provision.

(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

(a) the limited kind of offence, or

(b) an offence committed in the limited circumstances.

22 Conditions of replacement licences

22 Conditions of replacement licences

(1) This section applies to a licence that replaces another licence that expires if the licence—

(a) replaces the expired licence immediately after the expired licence expires, and

(b) is in substantially the same terms as the expired licence, and

(c) is granted to the person who held the expired licence.

(2) For the Act, section 83(2)(c), the following are conditions of the new licence—

(a) the licensee must comply with the old rules until new rules are made and take effect under the Act, Part 4,

(b) the licensee must display the old rules in accordance with the Act, section 24 until new rules are made and take effect under the Act, Part 4,

(c) the licensee must comply with an approval given by the Minister in relation to the expired licence, unless the licence provides otherwise,

(d) the licensee must keep and use money that was kept in a prize fund for the expired licence in a prize fund for the corresponding public lottery, unless the money is required for the payment of prizes won in a public lottery under the expired licence.

(3) In this section—

old rules mean the rules relating to the conduct of a public lottery under the expired licence that were in force immediately before the expiry of the expired licence.

23 Savings

23 Savings

An act, matter or thing that, immediately before the repeal of the Public Lotteries Regulation 2016, had effect under that regulation continues to have effect under this regulation.

Schedule 1 Changed circumstances

Schedule 1 Changed circumstances

section 18

| Kind of change | Particulars that must be notified | | A change in the licensee’s—(a) name, or(b) principal business address, or(c) postal address, or(d) email address, or(e) website address, or(f) telephone number, or(g) facsimile number | The new name, address or number | | A change in the membership of the board of directors of the licensee | The name, address and date of birth of all new directors | | A change in the name or address of a member of the board of directors of the licensee | The new name or address | | A change in the information in the register of members of the licensee | A description of the change, including the information that was added or deleted | | A change in the nominal or paid-up capital of the licensee | A description of the change | | A change in the proportion of paid-up capital of the licensee that a person holds a beneficial interest in, or the acquisition of a beneficial interest in paid-up capital of the licensee by a person | The person’s name, address and the proportion of the paid-up capital in which the person now holds a beneficial interest | | A change in the objectives or main activities of the licensee | A description of the new objectives or activities | | A change in the direct or indirect financial interests held by the licensee in a business or enterprise, including the acquisition or disposal of an interest | A description of the interests, both before and after the change | | The commencement by the licensee of the carrying on of a business or enterprise, or the appointment by the licensee of a person to carry on a business or enterprise on the licensee’s behalf | The following—(a) a description of the business or enterprise,(b) the address where the business or enterprise is carried on,(c) if the licensee has appointed a person to carry on the business or enterprise on the licensee’s behalf—the name of the person appointed | | The commencement, settlement, discontinuance or finalisation of civil or criminal proceedings to which the licensee is a party | The following—(a) a description of the nature of the proceedings,(b) the date of commencement, settlement, discontinuance or finalisation of the proceedings,(c) for civil proceedings—the name and address of the other party to the proceedings,(d) if the proceedings were finalised—a description of the result of the proceedings,(e) if the proceedings were settled—the date of settlement and the terms of the settlement, unless the terms are prohibited from being disclosed | | The obtaining of a judgment against the licensee | A description of the terms of the judgment | | The creation of a charge over, or repossession of, property of the licensee | The following—(a) a description of the property,(b) a description of the terms of the charge or the reasons for and circumstances of the repossession | | An amendment of an assessment relating to the licensee under taxation legislation of the Commonwealth | A description of the amendment | | A change in the key employees of the licensee | For each key employee or former key employee—(a) the person’s name and address, and(b) the date the person became or ceased to be a key employee | | The commencement, settlement, discontinuance or finalisation of civil or criminal proceedings to which a key employee of the licensee is a party | The following—(a) a description of the nature of the proceedings,(b) the date of commencement, settlement, discontinuance or finalisation of the proceedings,(c) for civil proceedings—the name and address of the other party to the proceedings,(d) if the proceedings were finalised—a description of the result of the proceedings,(e) if the proceedings were settled—the date of settlement and the terms of the settlement, unless the terms are prohibited from being disclosed | | An increase of more than $650,000 in the debts of the licensee | The following—(a) the name and address of the person to whom the debt is owed,(b) the amount of the increase,(c) the amount of total debt after the increase,(d) the reason for the increase | | A failure by the licensee to make due payments under a loan or other financing arrangement | The following—(a) a description of the loan or financing arrangement,(b) the amount due and unpaid,(c) the reason for the failure to pay | | The commencement of the winding up of the licensee or the appointment of a controller or administrator for the licensee | The date on which the winding up or appointment commenced | | The entrance by the licensee into a compromise or scheme of arrangement with the licensee’s creditors | The following—(a) the date on which the compromise or scheme was entered into,(b) the terms of the compromise or scheme | | The appointment of a receiver or manager, by the Supreme Court or otherwise, for the property of the licensee | The date and terms of the appointment |

Schedule 2 Penalty notice offences

Schedule 2 Penalty notice offences

section 21

| Provision | Penalty | | Offences under the Gaming and Liquor Administration Act 2007, as applied by the Act, section 73 | | Section 34(1) or (4) | $1,100 |

Schedule 3 Savings, transitional and other provisions

Schedule 3 Savings, transitional and other provisions

Sch 3 Part 1 Provisions consequent on commencement of this regulation

Part 1 Provisions consequent on commencement of this regulation

Sch 3 s 1 Gambling information and warnings

1 Gambling information and warnings

(1) Section 12(2) does not apply to a licensee until 1 March 2027.

(2) Section 12(4) does not apply to a licensee until 1 September 2027.

(3) Section 12(6) does not apply to an online platform, other than a website, until 1 December 2026.

Sch 3 s 2 Advertising of public lotteries—statement about gambling help options

2 Advertising of public lotteries—statement about gambling help options

Section 14(2)(c) does not apply to advertising, other than advertising in a newspaper, magazine, poster or other printed form, until 1 September 2027.

Sch 3 s 3 Use of crossed cheques until 1 July 2028

3 Use of crossed cheques until 1 July 2028

(1) Before 1 July 2028, a licensee or agent of a licensee who must pay total prize money to a person by electronic funds transfer under section 15 or 16 does not commit an offence if the money is instead paid by a crossed cheque payable to the person.

(2) In this section—

crossed cheque means a cheque crossed as referred to in the Cheques Act 1986 of the Commonwealth, section 53.