Public Lotteries Regulation 2016

This Regulation is the Public Lotteries Regulation 2016.

This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Public Lotteries Regulation 2007, which is to be repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

Liquor & Gaming NSW means that part of the Department of Enterprise, Investment and Trade known as Liquor & Gaming NSW.

Secretary means the Secretary of the Department of Enterprise, Investment and Trade.

the Act means the Public Lotteries Act 1996.

Note.

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

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

A claim for an unclaimed prize must be made—

on or before 1 December 2016, in the case of a prize won in a public lottery conducted on or before 30 November 2010, or

on or before the sixth anniversary of the date on which the public lottery to which the prize relates was conducted, in the case of a prize won in a public lottery conducted on or after 1 December 2010.

An unclaimed prize may be disposed of by the licensee who conducted the public lottery in a manner and for a purpose approved by the Minister for the benefit of subscribers to public lotteries conducted by the licensee.

If the Minister approves of the disposal by a licensee of an unclaimed prize under subclause (1), the licensee must dispose of the unclaimed prize in the manner and for the purpose approved—

within the time, if any, specified in the approval, or

if a time is not specified in the approval, within 10 days after the day on which the approval is given, or

if the approval was given before the commencement of this subclause, within 10 days after that commencement.

The Minister may, with the approval of the Treasurer, distribute money to which section 27 (10) of the Act refers for the benefit of subscribers to public lotteries generally, by payment to the Consolidated Fund or for such other purposes as the Minister determines.

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

by having the request for anonymity recorded by the licensee in accordance with the rules of the public lottery, or

by indicating to the licensee (or an employee of the licensee) when claiming a prize that the person does not want his or her identity published.

For the purposes of section 39A of the Act, the prescribed amount—

in relation to a game of keno is $9,999, and

in relation to a public lottery (other than a game of keno) is $1,500.

In this clause, player information means the following—

information concerning the chances of winning a major prize in a public lottery,

the Gambling Help line phone number operated under contractual arrangements made by Liquor & Gaming NSW.

The Secretary may approve one or more pamphlets or brochures containing player information in the English language (a player information brochure).

The Secretary may approve one or more pamphlets or brochures containing advice in a language other than English that—

indicates the substance of the player information contained in a player information brochure, and

advises that the information will be supplied by the licensee or an agent of the licensee in the relevant language on request.

A pamphlet or brochure approved under subclause (3) may be combined with the player information brochure to which it relates.

Without limiting subclause (3), the Secretary may approve one or more pamphlets or brochures (a community language player information brochure) containing player information in a language other than English.

The Secretary may vary or withdraw any approval given under this clause.

A licensee must—

provide to the agent sufficient copies of the player information brochures approved by the Secretary under clause 9 (2) to enable the agent to comply with those requirements, and

provide further copies of the brochures to an agent of the licensee in accordance with a request by the agent.

Maximum penalty—50 penalty units.

An agent of a licensee must ensure that—

copies of at least one type of player information brochure approved by the Secretary under clause 9 (2) are made available at each point of sale (under the control of the agent) for tickets or entries in, or subscriptions to, each public lottery conducted by the licensee, and

those copies are displayed in such a manner and in such a place that it would be reasonable to expect that a person purchasing a ticket or entry in, or subscribing to, such a lottery at that point of sale would be alerted to their presence.

Maximum penalty—50 penalty units.

The brochures must be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

A person may request a licensee or agent of a licensee to supply a community language player information brochure approved under clause 9 (5).

A licensee or agent of a licensee must supply a brochure in accordance with a request made under subclause (1) as soon as practicable after being requested to do so.

Maximum penalty—50 penalty units.

The brochures must be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

A licensee must ensure that each printed entry form (however described) and ticket in 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.

Subclause (1) does not apply to instant lottery tickets (commonly known as “scratchies”).

A licensee must ensure that any written material provided by the licensee to explain to the public how to enter a public lottery contains—

an explanation of the chances of winning a major prize in the public lottery or, if there are different prize divisions in the public lottery, an explanation in relation to each of those divisions of the chances of winning a prize in that division, and

a statement about gambling help options approved by the Secretary.

Maximum penalty—50 penalty units.

A licensee must include the following information on any website used by the licensee to promote or provide information about a public lottery conducted by the licensee—

the information contained in a player information brochure approved by the Secretary under clause 9 (2),

an explanation of the chances of winning a major prize in the public lottery or, if there are different prize divisions in the public lottery, an explanation in relation to each of those divisions of the chances of winning a prize in that division.

Maximum penalty—50 penalty units.