What the changes to SA Lottery Legislation means for you
The new Lotteries Regulation 2021 (SA) came into effect on 10th December 2021, operating under the Lotteries Act 2019, making changes to the lotteries landscape in South Australia. The changes to regulations concerning Trade Promotions that will impact you most are detailed below:
For reference, a major trade promotion lottery is that which has a prize value greater than $5,000 and requires a licence for approval. Minor trade promotion lotteries have prize values of $5,000 or less and generally do not require licences.
Refusal Grounds
A permit for a trade promotion may be refused if it goes against any of the codes of ethics embedded with the Gambling Administration Act 2019, in line with s15(3)(b) of the Lotteries Act 2019.
Electronic drawing system
Changes have been made to the requirement for electronic drawing system approval. Lotteries can now be drawn electronically through the use of a random number generator. Organisations must make information related to the system available to the Commissioner upon request.
Scrutineer
The threshold for a scrutineer to oversee the drawing of winners has been increased from $20,000 to $30,000, or where the commissioner makes a direction.
Winner notification
Winners who aren’t present when the lottery is drawn must now be notified within 7 days of the draw. This has been reduced from an initial 14-day notification period. The notification must be done in writing.
Reporting and publication
The initial requirement that a licensee must notify the Minister 14 days after the drawing of a prize whose value exceeds $250 has been removed.
The only requirements for publishing winner’s details are the initials of their first and last name as well as their postcode. Addresses are no longer required to be posted. This must be done within 30 days.
Advertising requirements
The advertising requirements for trade promotions have been consolidated between tv, radio, cinema, and other media. Advertising for trade promotions requires the inclusion of:
- Licence number
- How a person enters the lottery
- Nature and value of prizes won
- How and where to get full Terms and Conditions
Key Takeaways:
- Electronic drawing systems no longer need to be approved however winners must be drawn by random number generator and be able to be substantiated
- Winners have to be notified within 7 days
- Scrutineers are only needed for draws with prize values >$30,000
- Requirements for notifying the Minister of winners of major trade promotions has been removed
- Only winner’s initials and postcode need to be published within 30 days
What does this mean for you?
Overall there has been a simplification of rules and regulations:
- As individual organisations are responsible for making sure their lotteries follow all necessary rules and regulations, make sure you are across these changes
- Be aware these changes have come into force and are applicable to all Trade Promotions which commence or are approved on or after the 10th December 2021
Reach out to the von Muenster legal team here at info@vonmlegal.com if you have any queries.