Community Gaming Regulation 2020

This Regulation is the Community Gaming Regulation 2020.

This Regulation commences on 1 July 2020 and is required to be published on the NSW legislation website.

In this Regulation—

art union means a voluntary association formed to purchase prizes to be awarded by lot among members of the association for the purpose of raising funds to support—

a charitable organisation, or

a non-profit organisation, or

an object of a genuinely public or charitable character.

art union gaming activity has the meaning given by clause 4.

benefiting organisation means the person or body for whose benefit a gaming activity is conducted.

bingo—see clause 5(1).

calcutta means a gaming activity in which—

each participant pays a fee for a chance to win by lot a right in respect of a competitor in a sporting or racing event, and

those rights are auctioned, and

the holder of each right is entitled to elect—

to sell the right at the auction and receive half of the proceeds of sale, or

to retain the right by making (and paying half of) the highest bid.

charitable organisation means an incorporated or unincorporated body formed for, or to benefit, a benevolent, philanthropic or patriotic purpose.

charity housie means a gaming activity permitted under clause 5(2).

chocolate wheel means a gaming activity in which—

numbered tickets are sold to participants, and

the numbers on the tickets correspond to numbers on a wheel that is spun to determine the prize winners, and

a participant wins a prize if the participant holds a ticket that corresponds to the number on which the wheel comes to rest after being spun.

club bingo means a gaming activity permitted under clause 5(4).

draw lottery means a lottery in which—

numbered tickets are sold to participants in the lottery, and

a draw is held in which 1 or more numbers (corresponding to the numbers on the tickets) is or are selected at random, and

prizes are distributed to the participants holding the tickets corresponding to the numbers selected.

Note.

Examples of draw lotteries include raffles and guessing competitions.

free lottery means a gaming activity permitted under clause 10.

gross proceeds of a gaming activity means the total receipts received from the sale of tickets or from other payments by participants and donations before expenses are deducted.

housie—see clause 5(1).

liquor component means a part of a prize in a gaming activity consisting of or including liquor.

lottery means a gaming activity in which prizes are awarded by lot.

Note.

Examples of lotteries include art union gaming activities, draw lotteries, no-draw lotteries and progressive lotteries.

lucky envelopes means a gaming activity in which a participant—

purchases a ticket that contains a concealed number, and

wins a prize if the concealed number matches a number displayed at the point of sale of the tickets.

mini-numbers lottery means a gaming activity in which participants choose or attempt to forecast, from designated numbers, fewer numbers to be drawn on a random basis.

no-draw lottery means a gaming activity in which—

participants purchase a right to participate in the gaming activity, and

the tickets, or the cards or boards conferring the rights to participate, each contain a hidden symbol (or a set of hidden symbols) that can be exposed by removing a covering of paper or other opaque material, and

the hidden symbols (or sets of hidden symbols) include prizewinning symbols (or sets of prizewinning symbols) that are randomly distributed among the tickets or cards, and

a participant, on exposing a hidden symbol (or set of hidden symbols) that accords with another symbol (or set of symbols) specified in the rules of the gaming activity (whether or not displayed on the ticket or card), has a right under those rules to receive a specified prize.

Note.

Examples of no-draw lotteries include break-open lotteries, scratch lotteries and football doubles.

non-profit organisation means an incorporated or unincorporated body not formed or conducted for private gain.

progressive lottery means a gaming activity, other than a sweep or calcutta, in which a number of draws may be conducted on various dates over a stipulated period of time and includes—

a hundred club, silver circles or other gaming activity conducted along substantially similar lines, and

a tipping competition or other gaming activity conducted along substantially similar lines in which—

the participants predict the outcome or results of a sporting or other contingency, and

points are awarded for successful predictions, and

the prizes are wholly distributed in accordance with the rules of the competition, and

periodical prizes may be awarded (in accordance with the rules of the competition).

publish has the same meaning as in section 9 of the Act.

registered club means a club that holds a club licence under the Liquor Act 2007.

session of a gaming activity means a number of games of the activity played in succession on the same occasion at the same place.

social housie means a gaming activity permitted under clause 5(3).

sweep means a gaming activity in which each participant pays a fee for a chance to win by lot a right in respect of a competitor in a sporting or racing event.

symbol includes amount, word or picture.

the Act means the Community Gaming Act 2018.

ticket includes a right to participate in a gaming activity.

trade promotion gaming activity means a gaming activity conducted for the purpose of promoting goods or services provided by a business.

Note.

An example of a trade promotion gaming activity is a card jackpot game.

Note.

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

In this clause, a reference to a number is a reference to—

1 or more numbers or symbols (or numbers and symbols), or

1 or more groups of numbers or symbols (or numbers and symbols).

Notes included in this Regulation do not form part of this Regulation.

The awarding of prizes by lot by an art union (an art union gaming activity) is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

not less than 30% of the gross proceeds of the gaming activity are paid to the benefiting organisation,

the total value of all the prizes exceeds $30,000,

the maximum amount of money payable as a separate prize does not exceed $30,000,

the person conducting the activity holds an authority to do so that is in force and the activity is conducted in accordance with the authority.

Definition In this Regulation—

housie or bingo means a gaming activity—

that is played by 1 or more participants using cards or a device with numbered spaces or symbols, and

during which numbered spaces or symbols identified randomly and announced are marked off by each participant who has a card or device on which the numbered space or symbol is displayed, and

that is won by the participant who is first able to mark off all numbered spaces or symbols on the card or device that are required to be marked off for a win.

Charity housie Charity housie is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

the gaming activity is conducted by or on behalf of a charitable organisation,

not less than 12.5% of the gross proceeds of the gaming activity are paid to the benefiting organisation,

the total value of the expenses of conducting the gaming activity (excluding the cost of prizes) does not exceed 12.5% of the gross proceeds of the gaming activity,

the total value of all of the prizes for 1 session of the gaming activity does not exceed $10,000 and does not exceed 75% of the gross proceeds from the gaming activity,

no more than 48 tickets are permitted to be sold to the same participant.

Social housie Social housie is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

the gaming activity is conducted solely for social purposes,

the gaming activity is not conducted on premises to which a licence under the Liquor Act 2007 relates,

except as provided by paragraph (d), the total value of all of the available prizes for 1 session of the gaming activity does not exceed $40,

if 1 or more individual prizes are not won, the value of any jackpot prize does not exceed $200,

the total amount invested by participants in a session of the gaming activity, after the costs of prizes and expenses of conducting the session are deducted, is returned to participants.

Club bingo Club bingo is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

it is conducted by or on the authority of a registered club on the registered club premises for the purpose of attracting patronage to the club’s facilities,

except as provided by paragraph (c), the total value of all of the available prizes for 1 game of the gaming activity does not exceed $70,

if a bonus prize is offered at the end of a session of club bingo, only 1 prize of a value not exceeding $70 may be offered,

none of the prizes consist of or include money.

A draw lottery is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

the gaming activity is conducted by or on behalf of a charitable organisation or a non-profit organisation,

not less than 40% of the gross proceeds of the gaming activity are paid to the benefiting organisation,

the total value of all of the prizes does not exceed $30,000.

A no-draw lottery is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

the gaming activity is conducted by or on behalf of a charitable organisation or a non-profit organisation,

not less than 40% of the gross proceeds of the gaming activity are paid to the benefiting organisation,

the total value of all of the prizes does not exceed $5,000,

the total number of tickets produced or obtained for sale for the lottery does not exceed 3,000.

A mini-numbers lottery is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

the gaming activity is conducted by or on behalf of a charitable organisation or a non-profit organisation,

not less than 40% of the gross proceeds of the gaming activity are paid to the benefiting organisation,

the total value of all of the prizes for 1 session of the gaming activity does not exceed $20,000,

the total value of all of the prizes for 1 session of the gaming activity is not less than 50% of the gross proceeds of the mini-numbers lottery.

A progressive lottery is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

the maximum amount of money payable as a prize does not exceed $7,000,

if the total value of all the prizes exceeds $30,000, the person conducting the activity holds an authority to do so that is in force and the activity is conducted in accordance with the authority.

A free lottery is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

the gaming activity is not a progressive lottery or a trade promotion gaming activity,

participation is free,

none of the prizes consist of or include money,

the total value of all of the prizes for the gaming activity does not exceed $30,000.

Note.

An example of a free lottery is a lucky door or lucky seat promotion.

A raffle conducted by or on the authority of a registered club is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

the gaming activity is conducted on the registered club premises,

the gaming activity is conducted for the purpose of attracting patronage to the club’s facilities,

at least 90% of the gross proceeds of the gaming activity are used to meet the cost of the prizes in the gaming activity or other similar gaming activities,

the total value of all of the prizes for a session of the gaming activity does not exceed $5,000,

none of the prizes consist of or include money.

A gaming activity (including a chocolate wheel or lucky envelopes) conducted by or on behalf of a charitable organisation is a permitted gaming activity for the purposes of section 10 of the Act if the following requirements are complied with—

not less than 40% of the gross proceeds of the gaming activity are paid to the benefiting organisation,

the total value of all of the prizes for 1 session of the gaming activity does not exceed $5,000.

This clause does not apply to art union gaming activities, housie, lotteries, sweeps or calcuttas.