Amusements with prizes, which are permitted
107 Amusements with prizes, which are permitted
Where any amusement with prizes which constitutes gaming or a lottery or both is provided in relation to or in connection with any entertainment or event or for any charitable or social cause, and it —
is not conducted for the purposes of private gain or of a commercial undertaking; and
does not contravene subsection (2),
the conduct of that gaming or lottery is not unlawful and the provision of the amusement with prizes shall, subject to subsection (2), be deemed to be permitted.
Where an amusement with prizes is provided at any premises in circumstances to which subsection (1) applies —
the whole proceeds of the amusement, after deducting expenses, shall be applied for purposes other than of private gain or of a commercial undertaking; and
the facilities for winning prizes at the amusement provided, or those facilities together with any other facilities for participating in permitted gaming or social gambling, shall not be the only, or the only substantial, inducement to persons to attend the premises.
For the purposes of subsection (2)(a), where any payment is made in respect of the hiring, maintenance or use of gaming equipment and the amount payable is determined wholly or partly by reference to the extent to which that equipment or some other machine or equipment is used for the purposes of gaming, that payment shall be taken to be an application of the proceeds for the purposes of private gain and shall not constitute a deductible expense.
Where amusements with prizes (which may include games to which section 42(3)(a) refers) are provided at an agricultural show, a pleasure fair, a fete, or another like event and consist wholly or mainly of amusements provided by travelling showmen, the respective amusements shall each be deemed to be a permitted amusement with prizes if —
the opportunity to win prizes at the amusements is not the only, or the only substantial, inducement to persons to attend the event; and
in relation to any amusement which is a lottery, the sale of chances and the declaration of the result take place on the same day and on the premises on which, and during the time when, the amusement is provided; and
the amount paid by any person for any chance to win a prize does not exceed the prescribed amount; and
no money prize is distributed or offered which exceeds the prescribed amount,
notwithstanding that the amusement would otherwise constitute gaming or a lottery.
[Section 107 amended: No. 35 of 2003 s. 159 and 167; No. 41 of 2018 s. 23.]
This provision refers to the regulations (prescribed amount
). Made under this Act:
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