Lotteries Regulation 2007

Queensland

Current as at 19 April 2024

Lotteries Act 1997

This work is licensed under a Creative Commons Attribution 4.0 International License.

Queensland

Lotteries Regulation 2007

Contents

Page

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

4 Meaning of lottery random number generator . . . . . . . . . . . . . . . 5

4A Meaning of syndicate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

4B Meaning of multi-week sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

5 Prohibited words—Act, s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

6 Persons with whom lottery operator may enter into agency

agreements—Act, s 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

7 Lottery tax—Act, s 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

8 Returns for calculation of lottery tax—Act, s 96 . . . . . . . . . . . . . 7

9 Calculation of monthly gross revenue . . . . . . . . . . . . . . . . . . . . . 8

10 Percentages for penalties for late payment—Act, s 97 . . . . . . . . 9

12 Places of operation for lottery agents—Act, s 125 . . . . . . . . . . . 9

13 Unclaimed major prizes—relevant amount—Act, s 131A . . . . . . 9

14 Evaluation of regulated lottery equipment—Act, s 133 . . . . . . . . 9

14A Declaration of approved entities—Act, s 134A . . . . . . . . . . . . . . 9

15 Requests to review decisions on claims for payment—Act, s 138 10

16 Requests to resolve claims for payment—Act, s 138 . . . . . . . . . 11

17 Entities to whom information may be disclosed—Act, s 225 . . . . 12

17AA Opening a player account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

17AB Registration as a restricted player . . . . . . . . . . . . . . . . . . . . . . . . 12

17AC Registration as an unrestricted player . . . . . . . . . . . . . . . . . . . . . 13

17AD End of registration as a restricted player . . . . . . . . . . . . . . . . . . . 13

17ADA Authentication of identity after 90 days . . . . . . . . . . . . . . . . . . . . 13

17AE Player account transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

17AF Access to player account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

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17AG Minimum deposit for player account . . . . . . . . . . . . . . . . . . . . . . 15

17AH Limits on deposits to player accounts . . . . . . . . . . . . . . . . . . . . . 15

17AI Only cleared funds to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

17AJ Refusal to accept a deposit or purchase . . . . . . . . . . . . . . . . . . . 16

17AK Restricted players not to make withdrawals or close accounts . . 16

17AL Withdrawals by unrestricted players . . . . . . . . . . . . . . . . . . . . . . 16

17AM Closing an unrestricted player’s player account . . . . . . . . . . . . . 17

17AN Accounting for account balances for restricted players . . . . . . . . 17

17AO Cancellation of a syndicate or syndicate shares . . . . . . . . . . . . . 18

17AP No requirement to check ticket corresponds with entry . . . . . . . . 18

17AQ Cancellation of a lottery ticket by a lottery agent . . . . . . . . . . . . . 18

17AR Cancellation of a lottery ticket by a lottery operator . . . . . . . . . . 19

17AS Void lottery tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

17AT Each drawing to be numbered . . . . . . . . . . . . . . . . . . . . . . . . . . 20

17AU Announcement of provisional prize pool . . . . . . . . . . . . . . . . . . . 20

17AV Publication of results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

17AW Registered player as prize winner in division 1 . . . . . . . . . . . . . . 21

17AX Winning multi-week or twinpick lottery tickets and exchange receipts 21

17AY Paper ticket to be returned if not a winning ticket . . . . . . . . . . . . 23

17AZ Lottery operator not bound by agreement between members of group

17BA Bonus prize reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

17BB Payment of bonus prize reserve into the consolidated fund . . . . 24

17BC Pooling arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

17BD Jackpot and bonus prize reserve funds to be division 1 prize . . . 25

17BE Payment of jackpot prize pool into the consolidated fund . . . . . . 26

17BF Withdrawal of unsold lottery tickets . . . . . . . . . . . . . . . . . . . . . . . 26

17BG Guaranteed minimum prize payout for division 1 . . . . . . . . . . . . 28

18 Regulated lottery equipment—Act, sch 3 . . . . . . . . . . . . . . . . . . 28

19 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

19AA Rounding of amounts expressed as numbers of fee units . . . . . 29

19A Fee for particular investigations . . . . . . . . . . . . . . . . . . . . . . . . . 29

19B How fee for investigation must be paid . . . . . . . . . . . . . . . . . . . . 30

20 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Schedule 1A Approved entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Schedule 1 Entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

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Schedule 2 Regulated lottery equipment . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Schedule 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

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Lotteries Regulation 2007

1 Short title

This regulation may be cited as the Lotteries Regulation 2007.

2 Commencement

This regulation commences on the day the Lotteries

Amendment Act 2007 commences.

3 Definitions

The dictionary in schedule 4 defines particular words used in

this regulation.

4 Meaning of lottery random number generator

A lottery random number generator is a device designed and

used to select at random the numbers for—

(a) an entry to an approved lottery; or

(b) the drawing of an approved lottery.

4A Meaning of syndicate

A syndicate is an arrangement under which a type of entry, or

combination of types of entries, in a drawing of an approved

lottery is divided into a number of equal shares (each a

syndicate share).

4B Meaning of multi-week sale

(1) This section applies in relation to the sale of a lottery ticket for

drawings in a lottery.

(2) The sale of the ticket is a multi-week sale for the lottery if it is

for the following drawings of the lottery—

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(a) if the sale is recorded on a lotteries computer system as

a sale to a registered player—the next 2 to 52 drawings

of the lottery after the ticket is sold;

(b) otherwise—the next 2 to 10 drawings of the lottery after

the ticket is sold.

(3) However, if the ticket is a set for life lottery ticket, the sale of

the ticket is a multi-week sale for the lottery if it is for

drawings of the lottery that occur within the period starting on

the day the 8th next drawing of the lottery happens and

ending—

(a) if the sale is recorded on a lotteries computer system as

a sale to a registered player—52 weeks after the ticket is

sold; or

(b) otherwise—10 weeks after the ticket is sold.

(4) In this section—

set for life lottery ticket means a ticket for 7 drawings over 7

consecutive days in the approved lottery known as set for life.

5 Prohibited words—Act, s 6

The following words are prescribed for section 6(5)(c)(ii) of

the Act—

• lotto

• powerball

• scratch-it.

6 Persons with whom lottery operator may enter into

agency agreements—Act, s 79

(1) This section prescribes, for section 79(1)(b) of the Act, the

persons eligible to be lottery agents.

(2) If section 79(1)(a) of the Act applies, the person prescribed is

a person who is the owner and controller of a small business

that—

(a) is a retail business; or

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(b) is operated or intended to be operated from retail

shopping premises.

(3) If section 79(1)(a) of the Act does not apply because of

section 79(2)(a), the person prescribed is the owner and

controller of a business to which a previous agency agreement

applied.

(4) If section 79(1)(a) of the Act does not apply because of

section 79(2)(b), the person prescribed is the owner and

controller of a mail order business.

7 Lottery tax—Act, s 94

(1) This section prescribes, for section 94(2) of the Act, the

calculation and payment of the lottery tax.

(2) The lottery tax is payable for each month.

(3) The lottery tax must be paid on or before the seventh day of

the month immediately following the month for which the tax

is payable.

(4) The gross tax amount for a month is the total of the following

amounts—

(a) 73.48% of the lottery operator’s monthly gross revenue

for the month from declared lotteries;

(b) 55% of the lottery operator’s monthly gross revenue for

the month from the approved lottery known as instant

scratch-its.

(5) The lottery tax payable for a month is the gross tax amount for

the month minus the smaller of the following amounts—

(a) the global GST amount for the month;

(b) the gross tax amount for the month.

8 Returns for calculation of lottery tax—Act, s 96

(1) This section prescribes, for section 96(1) of the Act, the

requirements for returns.

(2) A return must be given for each month.

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(3) A return must be given on or before the seventh day of the

month immediately following the month to which the return

relates.

(4) A return must state the following details for each classified

lottery for the month to which the return relates—

(a) the total amount paid for tickets for all drawings of the

lottery;

(b) the total amount set aside from the amount mentioned in

paragraph (a) for payment of prizes;

(5) Also, for a classified lottery that is a declared lottery, a return

must state the total amount of selling fees for tickets in the

lottery for the month to which the return relates.

(6) In addition, a return must state the lottery operator’s global

GST amount for the month to which the return relates.

9 Calculation of monthly gross revenue

(1) Monthly gross revenue, for a lottery operator, for a classified

lottery, for a month, is the amount calculated using the

following formula—

where—

A means the total amount (the total receipts) paid for tickets

(excluding mail order fees and, for a relevant lottery, the

selling fees for tickets in the lottery) sold by the lottery

operator, and the lottery agents for the lottery operator, for all

drawings of the classified lottery that take place in the month.

MGR means the monthly gross revenue.

P means the amount, set aside from the total receipts, for

payment of prizes in the classified lottery.

(2) In this section—

mail order fee, for a ticket in a classified lottery, means any

amount, additional to the price of the ticket, charged by a

MGR A P–=

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lottery agent for selling the ticket (whether by mail or

otherwise) to a person outside Queensland.

relevant lottery means a classified lottery that is a declared

lottery.

10 Percentages for penalties for late payment—Act, s 97

(1) For section 97(2) of the Act, the percentage prescribed is 5%.

(2) For section 97(4) of the Act, the percentage prescribed is 5%.

12 Places of operation for lottery agents—Act, s 125

For section 125(2)(a) of the Act, the following kinds of places

are prescribed as appropriate for a lottery agent—

(a) retail business premises;

(b) retail shopping premises;

13 Unclaimed major prizes—relevant amount—Act, s 131A

For section 131A(8), definition relevant amount, of the Act,

the prescribed amount is $500,000.

14 Evaluation of regulated lottery equipment—Act, s 133

For section 133 of the Act, an evaluation carried out by the

chief executive may include 1 or more of the following types

of evaluation—

(a) basic evaluation;

(b) intermediate evaluation;

14A Declaration of approved entities—Act, s 134A

Each entity mentioned in schedule 1A is declared to be an

approved entity for section 134A of the Act.

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15 Requests to review decisions on claims for

payment—Act, s 138

(1) This section prescribes, for section 138(4) of the Act, how the

chief executive must deal with a request, made by a claimant

under section 138(2) of the Act, to review a decision of a

lottery operator (the operator’s decision).

(2) The chief executive must either review, or refuse to review, the

operator’s decision.

(3) The chief executive may refuse to review the operator’s

decision only if—

(a) the request was not made within 10 days after the

claimant received the claim result notice for the

decision; or

(b) the chief executive considers the request was not made

in good faith or is frivolous.

(4) If the chief executive decides to refuse to review the operator’s

decision, the chief executive must give—

(a) the lottery operator written notice of the chief

executive’s decision; and

(b) the claimant written notice—

(i) of the chief executive’s decision; and

(ii) stating the reasons for the chief executive’s

decision.

(5) If the chief executive decides to review the operator’s

decision, the chief executive must give—

(a) the lottery operator—

(i) a copy of the claimant’s request; and

(ii) written notice inviting the lottery operator to make

a written submission to the chief executive about

the operator’s decision within 1 month after

receiving the notice (the submission period); and

(b) the claimant written notice inviting the claimant to make

a written submission to the chief executive about the

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operator’s decision within 1 month after receiving the

notice (also the submission period).

(6) The chief executive may investigate a matter the chief

executive considers is relevant to the review.

(7) As soon as practicable after the end of the submission period

for both the lottery operator and the claimant, the chief

executive must—

(a) consider all written submissions made in the submission

period by the lottery operator or claimant; and

(b) consider the outcome of any investigation under

subsection (6); and

(d) give the lottery operator and claimant a written notice

stating the decision and the reasons for the decision.

16 Requests to resolve claims for payment—Act, s 138

(1) This section prescribes, for section 138(4) of the Act, how the

chief executive must deal with a request, made by a claimant

under section 138(2) of the Act, to resolve a claim for

payment of a prize in an approved lottery.

(2) The chief executive must ask the lottery operator to

immediately try to resolve the claim.

(3) Subsection (4) applies if, within 14 days of making the

request under subsection (2), the chief executive is not

advised by the lottery operator or the claimant that the claim

has been resolved.

(4) The chief executive must give written notice to the lottery

operator and the claimant inviting the operator and claimant to

make a written submission to the chief executive about the

claim within 1 month after receiving the notice (the

submission period).

(5) The chief executive may investigate a matter the chief

executive considers is relevant to the claim.

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(6) As soon as practicable after the end of the submission period,

the chief executive must—

(a) consider all written submissions made in the submission

period by the lottery operator or the claimant; and

(b) consider the outcome of any investigation under

subsection (5); and

(d) give the lottery operator and the claimant a written

notice stating the decision and the reasons for the

decision.

(7) However, the chief executive is not required to take, or

complete, action under subsection (6) if the chief executive is

satisfied, whether before or after the end of the submission

period, that the claim has been resolved.

17 Entities to whom information may be disclosed—Act,

s 225

The entities prescribed for section 225(3)(a) of the Act are

stated in schedule 1.

17AA Opening a player account

(1) A registered player may apply to a lottery operator to open a

player account with the lottery operator by giving the lottery

operator the information for a player account as required by

the lottery operator’s control system.

(2) A player account may be held in the name of only 1 registered

player.

(3) Subject to sections 17AB and 17AC, the lottery operator may

player.

17AB Registration as a restricted player

(1) A lottery operator must not register a person as a restricted

player unless the lottery operator—

[s 17AC]

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(a) carries out the registration under the lottery operator’s

control system; and

(b) informs the person of the effect of sections 17AC,

17AD, 17AH, 17AJ(2), 17AK and 17AN(1) and (2).

(2) If the lottery operator registers a person as a restricted player,

the lottery operator must, as soon as practicable after

registering the person, give the person a notice stating the

effect of sections 17AC, 17AD, 17AH, 17AJ(2), 17AK and

17AN(1) and (2).

(3) A notice under subsection (2) may be given in electronic

form.

17AC Registration as an unrestricted player

A lottery operator must not register a person as an unrestricted

player, unless—

(a) the person’s identity has been authenticated under the

lottery operator’s control system; and

(b) the person’s age has been verified under the lottery

operator’s control system to be at least 18.

17AD End of registration as a restricted player

(1) A person who is registered as a restricted player may be

registered as an unrestricted player.

(2) If a restricted player is registered as an unrestricted player, the

person’s registration as a restricted player is cancelled.

(3) If a person’s registration as a restricted player is not sooner

cancelled under subsection (2), the registration as a restricted

player ends 90 days after the day the person was registered as

a restricted player.

17ADA Authentication of identity after 90 days

(1) This section applies if—

[s 17AE]

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(a) a person’s registration as a restricted player ends under

section 17AD(3); and

(b) the person’s identity is authenticated and age verified

under section 17AC more than 90 days but less than 1

year after the day the person was registered as a

restricted player.

(2) The lottery operator must reinstate the person’s registration as

a restricted player.

(3) After acting under subsection (2), the lottery operator may

section 17AD(1).

17AE Player account transactions

(1) A lottery operator may credit the following funds to a person’s

player account—

(a) an amount deposited by the person;

(b) a prize or refund;

(2) A lottery operator may debit the following funds against a

person’s player account—

(a) an amount payable by the person for buying a lottery

ticket;

(b) if the person is registered as an unrestricted player—a

withdrawal under section 17AL;

limit—an amount for payment to the person to reduce

the balance of the account, calculated under the lottery

operator’s control system;

(d) an amount credited to the account in error;

(e) another amount approved by the chief executive;

Example for paragraph (e)—

a fee payable by the lottery operator to a financial institution for

processing an electronic transfer of funds from the account

[s 17AF]

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(f) another amount allowed under this regulation.

17AF Access to player account

(1) This section applies if a person—

(a) wishes to use the person’s player account with a lottery

operator to authorise a transaction on the account; or

(b) seeks information about the account from the lottery

operator.

(2) The person must give the lottery operator the information

required by the lottery operator to authenticate the person’s

identity.

17AG Minimum deposit for player account

For depositing funds in a person’s player account, the person

must give the lottery operator at least the minimum deposit

amount decided by the lottery operator.

17AH Limits on deposits to player accounts

(1) A lottery operator must not allow the total amount of funds

deposited by a restricted player to the player’s player account

to be more than—

(a) $1000; or

(b) if an amount less than $1000 (an approved amount) is

stated in the lottery operator’s control system as the

maximum amount of funds that may be deposited to a

restricted player’s player account—the approved

amount.

(2) A lottery operator must not allow a person to deposit funds (a

deposit amount) to the person’s player account if the balance

of the account, including the deposit amount, would be more

than the authorised limit for the account.

[s 17AI]

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17AI Only cleared funds to be used

(1) A person may use the person’s player account to buy a lottery

ticket only if the price of the ticket is not more than the

cleared funds in the player account.

(2) If a person attempts to buy a lottery ticket for more than the

cleared funds in the person’s player account, the lottery

operator must not allow the account to be used to buy the

ticket.

17AJ Refusal to accept a deposit or purchase

(1) A lottery operator may refuse to accept a deposit of funds to,

or the purchase of a lottery ticket with funds from, a player

account, if the lottery operator reasonably believes the

account is being, has been, or is about to be used in

contravention of a law of a State or the Commonwealth.

(2) A lottery operator must refuse to accept a deposit of funds to,

or the purchase of a lottery ticket with funds from, a restricted

player’s player account, if the lottery operator reasonably

believes it will not be able to authenticate the player’s identity

or verify the player’s age under section 17AC.

17AK Restricted players not to make withdrawals or close

accounts

A restricted player may not make a withdrawal from or close

the player’s player account.

17AL Withdrawals by unrestricted players

An unrestricted player may only make the following

withdrawals of funds from the player’s player account with a

lottery operator—

(a) a withdrawal of the whole or part of an amount credited

by the lottery operator to the account as payment of a

prize or refund;

(b) a withdrawal of another amount, if the withdrawal is

authorised under the lottery operator’s control system;

[s 17AM]

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close the account.

17AM Closing an unrestricted player’s player account

(1) A lottery operator may close an unrestricted player’s player

account.

(2) Subject to subsection (3), if a lottery operator closes an

unrestricted player’s player account, the lottery operator must

send the balance of funds in the account to the player.

(3) The lottery operator may deduct an account closing fee, in an

amount stated in the lottery operator’s control system, from

the balance of funds sent to the player.

(4) This section does not apply to the extent the Financial

Transaction Reports Act 1988 (Cwlth) applies.

17AN Accounting for account balances for restricted players

(1) This section applies if—

(a) a person’s registration as a restricted player ends under

section 17AD(3); and

(b) when the registration ends, an amount of funds (the

account balance) is standing to the credit of a player

account established by a lottery operator in the name of

the person.

(2) If, 1 year after the day the person was registered as a restricted

player, the person has not been registered as an unrestricted

player under section 17AD(1), the lottery operator must close

the account and pay the account balance to the chief

executive.

(3) If an amount of the account balance is not paid under

subsection (2) by the lottery operator, the State may recover

the amount from the lottery operator as a debt.

(4) This section does not apply to the extent the Anti-Money

Laundering and Counter-Terrorism Financing Act 2006

(Cwlth) applies.

[s 17AO]

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17AO Cancellation of a syndicate or syndicate shares

(1) A syndicate may only be cancelled if all syndicate shares are

available for sale.

(2) A syndicate share may only be cancelled at the place where

the share was sold.

(3) To remove any doubt, it is declared that a syndicate share that

is sold but later cancelled, is a share that is for sale.

17AP No requirement to check ticket corresponds with entry

A lottery agent or a lottery operator is not required to check

that the information contained in a lottery ticket corresponds

with the information requested by a person for entering a

drawing of a lottery.

17AQ Cancellation of a lottery ticket by a lottery agent

(1) This section applies if a lottery agent gives a person a lottery

ticket and the person asks the agent to cancel the ticket.

(2) The lottery agent must cancel the lottery ticket only if—

(a) 1 of the following applies—

(i) for a ticket for a syndicate share—the cancellation

can be made at least 10 minutes before entries

close for the drawing of the lottery to which the

ticket relates;

(ii) for a ticket sold by a multi-week sale—entries have

not closed for the first drawing to which the ticket

relates;

(iii) for a ticket sold in a lucky lotteries game or set for

life—the request for cancellation is made on the

day the ticket was purchased;

(iv) otherwise—entries have not closed for the drawing

to which the ticket relates; and

(b) the agent, using a gaming terminal, is able to identify

and cancel the entry for the ticket on the lotteries

computer system.

[s 17AR]

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(3) If the lottery agent is not able to identify or cancel the entry

for the lottery ticket under subsection (2)(b), the agent must

ask the lottery operator to cancel the ticket.

(4) If the lottery ticket is cancelled under subsection (2) or

section 17AR(2), the lottery agent must—

(a) endorse the ticket as cancelled; and

(b) refund to the person who bought the ticket an amount

equal to the price of the ticket.

(5) Subsection (3) does not apply to a ticket for a syndicate share

that can not be cancelled at least 10 minutes before entries

close for the drawing of the lottery to which the ticket relates.

17AR Cancellation of a lottery ticket by a lottery operator

(1) This section applies if—

(a) a lottery agent asks a lottery operator to cancel a lottery

ticket under section 17AQ(3); or

(b) a lottery operator gives a person a lottery ticket and the

person asks the lottery operator to cancel the ticket.

(2) The lottery operator may cancel the lottery ticket only if—

(a) 1 of the following applies—

(i) for a ticket for a syndicate share—the cancellation

can be made at least 10 minutes before entries

close for the drawing of the lottery to which the

ticket relates;

(ii) for a ticket sold by a multi-week sale—entries have

not closed for the first drawing to which the ticket

relates;

(iii) otherwise—entries have not closed for the drawing

to which the ticket relates; and

(b) the lottery operator is able to identify and cancel the

entry for the ticket on the lotteries computer system; and

[s 17AS]

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the ticket having regard to the procedures for cancelling

tickets stated in the lottery operator’s control system.

(3) If a lottery operator cancels a lottery ticket issued by the

lottery operator, the lottery operator must refund to the person

who bought the ticket an amount equal to the price of the

ticket.

17AS Void lottery tickets

(1) A lottery ticket is void if—

(a) the lottery ticket is recorded in the lotteries computer

system as cancelled; or

(b) information forming part of the lottery ticket is changed

other than with the authority of the lottery operator.

(2) A person does not have a claim against a lottery operator for a

prize based on a void lottery ticket.

17AT Each drawing to be numbered

Each drawing of a lottery must be given a number and be

identified by the number.

17AU Announcement of provisional prize pool

(1) The amount of the provisional prize pool for a drawing of a

lottery must be announced at the drawing.

(2) In this section—

provisional prize pool, for a drawing of a lottery, means the

amount estimated, at the drawing, to be available to pay all

winning tickets in the drawing.

17AV Publication of results

(1) As soon as practicable after the drawing of a lottery, a lottery

operator must—

[s 17AW]

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(a) inform the lottery operator’s lottery agents of the

winning numbers; and

(b) make the winning numbers available on the lottery

operator’s website.

(2) Each agent must display the numbers at the agent’s place of

operation.

(3) An agent may also display the following information—

(a) the amount of the prize pool in each division;

(b) the number of prize winners in each division;

of a prize in each of the other divisions.

(4) In this section—

place of operation, for a lottery agent, means the agent’s place

of operation under the Act, section 125(2).

17AW Registered player as prize winner in division 1

As soon as practicable after the drawing of a lottery, the

lottery operator must use the computer system to find out

whether a division 1 prize-winning entry is the entry of a

registered player.

17AX Winning multi-week or twinpick lottery tickets and

exchange receipts

(1) This section applies if—

(a) a person, for payment of a prize in a drawing of a lottery,

gives a paper ticket to a lottery operator or lottery agent;

and

(b) the ticket is for an entry in a drawing of the lottery,

bought on the basis of a multi-week sale or twinpick

sale; and

lottery (the remaining drawings of the lottery).

[s 17AX]

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(2) If the lotteries computer system identifies the ticket as a

prize-winning ticket (the original ticket), the lottery operator

or lottery agent—

(a) may use a gaming terminal to print the word ‘winner’ on

the original ticket; and

(b) must—

(i) return the original ticket to the person; and

(ii) pay the prize to the person; and

(iii) give the person another ticket for the remaining

drawings of the lottery (the exchange receipt).

(3) The exchange receipt must state—

(a) the date and time the exchange receipt was given to the

person; and

(b) the number or numbers identifying the remaining

drawings of the lottery; and

registered player—the person’s player card number; and

(d) if the person has used the person’s registered numbers

for the entry—the person’s registered numbers; and

(e) if paragraph (d) does not apply—the numbers selected

in the entry; and

(f) if the entry is a standard entry, or system entry, for

powerball—the powerball number; and

(g) if the entry is a powerhit entry—an indication the entry

is a powerhit entry; and

(h) if the entry is a syndicate share—an indication the entry

is a syndicate share and the number of syndicate shares;

and

(i) the name of the lottery agent or lottery operator who

gave the exchange receipt; and

(j) the receipt number and bar code for the exchange

receipt; and

[s 17AY]

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(k) other information the lottery operator considers

appropriate for the remaining drawings of the lottery.

(4) The exchange receipt is taken to be the person’s paper ticket

for the remaining drawings of the lottery.

(5) In this section—

powerball has the meaning given by the rule.

powerhit entry has the meaning given by the rule.

registered numbers—

(a) for a registered player for a lottery, means the numbers

that the player has registered under the rule; or

(b) for a lottery agent, means the numbers that the lottery

agent has registered under the rule.

standard entry has the meaning given by the rule.

system entry has the meaning given by the rule.

17AY Paper ticket to be returned if not a winning ticket

(1) If a person claiming a prize gives a paper ticket to a lottery

agent or a lottery operator, the lottery agent or lottery operator

must return the ticket if it can not be identified as a winning

ticket using a gaming terminal.

(2) However, subsection (1) does not apply if an investigation by

a lottery operator is required under the rule for a lottery ticket

that appears to be a prize-winning ticket but is not identified

by the lotteries computer system.

17AZ Lottery operator not bound by agreement between

members of group

A lottery operator is not bound by an agreement made

between the members of a group of persons on whose behalf a

person is a participant in a lottery.

[s 17BA]

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17BA Bonus prize reserve

(1) If the rule provides for a stated part of the total subscriptions

for a drawing of a lottery to be put aside to accumulate as part

of a bonus prize reserve, the bonus prize reserve must, to the

extent that it is not otherwise used for prizes under the rule, be

distributed in payment of a prize or an additional prize in the

lottery.

(2) However, if a lottery operator stops conducting a lottery (the

former lottery) for which there is a bonus prize reserve, the

lottery operator must, with the chief executive’s approval,

distribute the bonus prize reserve for the former lottery in

payment of a prize or an additional prize in another approved

lottery.

(3) The lottery operator must identify the bonus prize reserve in

the lottery operator’s accounting records as a bonus prize

reserve until it is dealt with under subsection (1) or (2).

17BB Payment of bonus prize reserve into the consolidated

fund

(1) This section applies if a person stops being a lottery operator.

(2) The person must pay to the chief executive the amount of a

bonus prize reserve that has not been distributed under

section 17BA.

(3) Subsection (2) does not apply to the bonus prize reserve for a

local lottery conducted as part of a scheme mentioned in

section 17BC.

(4) The chief executive must pay the amount received under

subsection (2) into the consolidated fund.

17BC Pooling arrangements

(1) This section applies if—

(a) there is an agreement between a lottery operator and a

foreign agency about the operation of a scheme by the

lottery operator and agency; and

(b) the scheme is a combination of—

[s 17BD]

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(i) a lottery (the local lottery); and

(ii) a gaming scheme (the foreign gaming scheme)

conducted by the foreign agency that is equivalent

to the local lottery; and

(i) amounts paid as subscriptions for the local lottery;

(ii) amounts paid by persons to the foreign agency in

taking part in the foreign gaming scheme; and

(d) the scheme has—

(i) a single drawing; and

(ii) a single set of prizes.

(2) The local lottery may be conducted as part of the scheme, and

the provisions of the rule about the local lottery have effect

subject to the operation of the scheme.

(3) For subsection (1)(b), a reference to equivalent, for a local

lottery, includes being equivalent with respect to—

(a) the local lottery’s prize structure; and

(b) the percentage the net prize pool for a drawing of the

local lottery bears to the total subscriptions for the

drawing.

17BD Jackpot and bonus prize reserve funds to be division 1

prize

(1) This section applies if—

(a) a jackpot prize pool is available for a drawing of a

lottery; and

(b) the lottery operator must distribute an amount from the

bonus prize reserve for the division 1 prize in the same

drawing.

(2) The jackpot prize pool and the amount from the bonus prize

reserve are a single prize pool for the drawing and, for making

a claim, must be treated as a division 1 prize.

[s 17BE]

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(3) The lottery operator must identify the jackpot prize pool in the

lottery operator’s accounting records as a jackpot prize pool

until it is distributed in a drawing of the lottery.

17BE Payment of jackpot prize pool into the consolidated fund

(1) This section applies if a person stops being a lottery operator.

(2) The person must pay to the chief executive the amount of a

jackpot prize pool that has not been distributed in a drawing of

a lottery.

(3) The chief executive must pay the amount received under

subsection (2) into the consolidated fund.

17BF Withdrawal of unsold lottery tickets

(1) This section applies to a lottery if a person takes part in the

lottery through lottery tickets that are printed to enable the

person to find out immediately whether the person has won a

prize.

Example—

a lottery known as instant scratch-its

(2) A lottery operator may withdraw all unsold lottery tickets for

a drawing in the lottery—

(a) if the drawing for the lottery can not proceed in a way

that is substantially consistent with the prize structure

for the drawing because of the way the tickets have been

printed; or

(b) if the wording on the tickets is ambiguous or may result

in confusion about a person’s entitlement to a prize; or

no longer—

(i) available; or

(ii) of any value; or

(d) on the closure of the lottery; or

[s 17BF]

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(e) if the chief executive considers it appropriate in all the

circumstances to withdraw the tickets.

Example for subsection (2)(c)(ii)—

some of the prizes for the drawing are tickets to a sporting event, but the

event is held before all lottery tickets have been sold

(3) If lottery tickets for a drawing in the lottery are damaged or

stolen, the lottery operator—

(a) may withdraw the tickets; and

(b) must advise the chief executive of the withdrawal.

(4) The lottery operator must not withdraw tickets under

subsection (2)(a), (b) or (c) without the chief executive’s

approval.

(5) Despite subsection (4), the lottery operator may withdraw

tickets under subsection (2)(a), (b) or (c) without the chief

executive’s approval if it is not practicable to obtain the chief

executive’s approval before the withdrawal.

(6) If the lottery operator withdraws tickets under

subsection (2)(a), (b) or (c) without the chief executive’s

approval, the lottery operator must, as soon as practicable

after the withdrawal, seek the chief executive’s approval.

(7) As soon as practicable after lottery tickets are withdrawn

under subsection (2)(a), (b), (c) or (e), the lottery operator

must advertise the withdrawal in a newspaper circulating

generally in the State, and may advertise the withdrawal in

any other way.

(8) If lottery tickets are withdrawn under subsection (2), the

withdrawal remains effective until—

(a) the chief executive decides the tickets—

(i) are available for sale; or

(ii) are to be destroyed; or

(b) if the chief executive refuses to approve a withdrawal

sought under subsection (6)—the chief executive’s

refusal.

(9) In this section—

[s 17BG]

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instant scratch-its has the meaning given by the rule.

17BG Guaranteed minimum prize payout for division 1

(1) This section applies if—

(a) a minimum prize payout in division 1 in a drawing of a

lottery has been guaranteed; and

(b) there is not enough money in the division 1 share of the

prize pool and the bonus prize reserve for the payout.

(2) The lottery operator must make available the shortfall for the

payout from the lottery operator’s own funds.

(3) However, if there is no winner in division 1, the amount made

available from the bonus prize reserve or by the lottery

operator under subsection (2) must not be used to decide the

amount of a jackpot prize pool for a subsequent drawing.

(4) The lottery operator may be reimbursed from the bonus prize

reserve for money made available by the lottery operator

under subsection (2).

18 Regulated lottery equipment—Act, sch 3

For schedule 3 of the Act, definition regulated lottery

equipment, the lottery equipment stated in schedule 2 is

declared to be regulated lottery equipment.

19 Fees

(1) The fees payable under the Act are stated in section 19A and

schedule 3.

(2) A fee stated in schedule 3, item 4 may consist of, or include,

an amount for part of an hour that is the equivalent of the

relevant proportion of the hourly rate, stated in the schedule,

worked out using 15-minute periods (wholly or partly

completed).

[s 19AA]

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19AA Rounding of amounts expressed as numbers of fee units

(1) This section applies for working out the amount of a fee

expressed in this regulation as a number of fee units.

(2) For the purpose of the Acts Interpretation Act 1954,

section 48C(3), the amount is to be rounded—

(a) if the result is not more than $100—to the nearest

multiple of 5 cents (rounding one-half upwards); or

(b) if the result is more than $100 but not more than

$1,000—to the nearest multiple of 10 cents (rounding

one-half upwards); or

$5,000—to the nearest dollar (rounding one-half

upwards); or

(d) if the result is more than $5,000 but not more than

$100,000—to the nearest multiple of 10 dollars

(rounding one-half upwards).

Example—

If a fee were 35 fee units and the value of a fee unit were $1.015, the

number of dollars obtained by multiplying 35 by $1.015 would be

$35.525. Because $35.525 is halfway between $35.50 and $35.55, it is

rounded upwards, so the amount of the fee would be $35.55.

19A Fee for particular investigations

(1) This section applies to any of the following persons for whom

the chief executive may undertake an investigation under the

Act, section 14—

(a) an applicant for a primary licence;

(b) a business or executive associate of the applicant.

(2) This section also applies to a person who is a business or

executive associate of a primary licensee for whom the chief

executive may undertake an investigation under the Act,

section 36(2).

(3) The person must pay to the chief executive the reasonable

costs of conducting the investigation.

[s 19B]

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Examples of costs of conducting the investigation—

• costs of outsourcing professional services, for example, legal or

accounting services

• internal costs, including staff costs

• travel and accommodation costs incurred inside or outside the State

or overseas

19B How fee for investigation must be paid

(1) This section applies in relation to a fee payable by a person

(the relevant person) under section 19A for an investigation.

(2) The chief executive may require, in writing, the relevant

person to pay all or part of the fee in advance.

(3) The chief executive may make the requirement before the

investigation starts, and at any time during the investigation.

(4) If the requirement is made before the investigation starts, the

chief executive may decide not to start the investigation until

the fee or part of the fee is paid.

(5) If the requirement is made during the investigation, the fee or

part of the fee must be paid within 28 days after the

requirement is made.

(6) The fee or part of the fee payable in advance must be—

(a) an amount not more than the chief executive’s estimate

or latest estimate of the fee payable under section 19A;

and

(b) reduced by the amount, if any, already paid by the

relevant person to the chief executive under this section

in relation to the investigation.

(7) As soon as reasonably practicable after the investigation is

finished the chief executive must—

(a) give the relevant person a written itemised account of

the costs comprising the fee; and

(b) either—

(i) refund any overpayment to the relevant person; or

[s 20]

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(ii) require, in writing, the relevant person to pay to the

chief executive, within 28 days after the

requirement is made, the amount of any shortfall

between the amount already paid by the relevant

person under this section and the amount of the

fee.

(8) For subsection (7), an investigation is finished in relation to a

relevant person if—

(a) both of the following apply—

(i) the chief executive considers the relevant person

has failed to comply with a requirement made by

the chief executive under the Act, section 37 in

relation to the investigation;

(ii) the chief executive considers the investigation is

finished; or

(b) the chief executive considers the investigation has been

completed for the chief executive’s purposes under the

Act, section 36(2).

(9) A relevant person given a requirement under subsection (2) or

(7)(b)(ii) must comply with the requirement.

(10) A failure by the chief executive to comply with

subsection (7)(a) or (b) as soon as reasonably practicable after

the investigation does not affect the recovery of the amount of

any shortfall mentioned in subsection (7)(b)(ii).

(11) In a proceeding to recover the amount of a shortfall mentioned

in subsection (7)(b)(ii), a written itemised account of the costs

given to the relevant person for the investigation under

subsection (7)(a) is evidence of the costs.

20 Repeal

The Lotteries Regulation 1997, SL No. 231 is repealed.

Schedule 1A

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Schedule 1A Approved entities

section 14A

BMM Australia Pty Ltd ACN 084 016 044

ENEX Pty Ltd ACN 096 299 099

GTA Pty Ltd ACN 082 989 446

QALAB Pty Ltd ACN 136 553 832

Schedule 1

Lotteries Regulation 2007

Current as at 19 April 2024 Page 33

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Schedule 1 Entities

section 17

Alberta Gaming, Liquor and Cannabis Commission, Canada

Alcohol and Gaming Commission of Ontario, Canada

Australian Border Force

Australian Communications and Media Authority (ACMA)

Australian Competition and Consumer Commission

Australian Crime Commission (commonly known as Australian

Criminal Intelligence Commission)

Australian Federal Police

Australian Securities and Investments Commission

Australian Security Intelligence Organisation

Australian Taxation Office

Australian Transaction Reports and Analysis Centre (AUSTRAC)

Bureau of Gambling Control, Department of Justice, California

Casino Control Commission, New Jersey

Centrelink

Commissioner, Consumer and Business Services, South Australia

Commissioner for Fair Trading, Queensland

Commissioner of State Revenue, Queensland

Commissioner, Tasmanian Liquor and Gaming Commission

Crime and Corruption Commission, Queensland

Department of Home Affairs

Department of Industry, Tourism and Trade (Liquor, Racing and

Gaming), NT

Schedule 1

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Department of Internal Affairs, New Zealand

Department of Justice and Community Safety, Victoria

Department of Justice, Canada

Department of Local Government, Sport and Cultural Industries

(Racing, Gaming & Liquor), Western Australia

Department of Safety and Homeland Security, Delaware

Department of Service Nova Scotia and Internal Services (Alcohol,

Gaming, Fuel and Tobacco Division), Canada

Department of Treasury and Finance, South Australia

Department of Treasury and Finance, Tasmania

Division of Gaming, Colorado

Division of Gaming Enforcement, New Jersey

Gambling and Racing Commission, ACT

Gambling Commission, New Zealand

Gambling Commission, UK

Gambling Regulatory Authority of Singapore

Gaming and Wagering Commission, Western Australia

Gaming Board for the Bahamas

Gaming Policy and Enforcement Branch, British Columbia

Independent Liquor and Gaming Authority, NSW

Indiana Gaming Commission, USA

Japan Casino Regulatory Commission

Liquor & Gaming NSW

Lotteries Commission, South Australia

Lotteries Commission, Western Australia

Louisiana State Police Gaming Enforcement Division, USA

Mississippi Gaming Commission, USA

Schedule 1

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Missouri Gaming Commission, USA

Missouri State Highway Patrol, USA

Mpumalanga Economic Regulator, South Africa

National Indian Gaming Commission, USA

Nevada Gaming Commission, USA

Nevada Gaming Control Board, USA

New South Wales Crime Commission

New South Wales Independent Casino Commission

New South Wales Police Force

New York State Police

New Zealand Police

Northern Territory Police Force

Office of Racing Integrity, Tasmania

Pueblo of Isleta Gaming Regulatory Agency, USA

QCAT

Queensland Police Service

South Australia Police

South Dakota Commission on Gaming, USA

Tasmania Police

The International Criminal Police Organization—Interpol

Victorian Gambling and Casino Control Commission

Victoria Police

Western Australia Police Force

Western Cape Gambling and Racing Board, South Africa

WorkCover Queensland

Schedule 2

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Schedule 2 Regulated lottery equipment

section 18

audit computer system

lotteries computer system (hardware and software)

lottery random number generator

lottery tickets in instant scratch-its

Schedule 3

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Schedule 3 Fees

section 19

Fee units

1 Application fee for primary licence (Act, s 9(3)) 19,580.00

2 Application fee for key person licence (Act, s 47(2)(c)) 566.10

3 Issue of replacement key person licence (Act, s 57(4)) 41.65

4 Evaluation by the chief executive of regulated lottery

equipment (Act, s 133(3)(a)), for each hour or part of an

hour involved in the following—

(a) carrying out—

(i) a basic evaluation 234.30

(ii) an intermediate evaluation 292.80

(iii) an advanced evaluation 344.80

(iv) administration for an evaluation 175.60

(b) giving advice for an evaluation 175.60

Note—

See section 19(2) in relation to a fee for part of an hour.

Schedule 4

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Schedule 4 Dictionary

section 3

advanced evaluation means an evaluation of any of the

following things relating to regulated lottery equipment—

(a) communications protocols;

(b) monitoring systems;

audit computer system means a computer system, separate

from a lotteries computer system, used by a lottery operator to

check the amounts received from the sale of tickets, the

number of winners and the prizes payable in each drawing of

an approved lottery.

authorised limit means the amount of funds stated in a lottery

operator’s control system as the maximum amount that may

be held in a player account.

basic evaluation means an evaluation of any of the following

things relating to regulated lottery equipment—

(a) artwork;

(b) cabinet design;

manuals.

classified lottery means—

(a) a declared lottery; or

(b) an approved lottery known as instant scratch-its.

declared lottery means an approved lottery known as lucky

lotteries games, oz lotto, powerball, Saturday gold lotto, set

for life, super 66, Weekday Windfall or Monday and

Wednesday gold lotto.

division, for a drawing of a lottery, means a prize level

identified as a division in the schedule for the lottery.

Schedule 4

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Example—

The prize levels for powerball range from division 1 down to division 7.

gaming terminal means a terminal that—

(a) is part of a lotteries computer system; and

(b) is used to issue paper tickets; and

(i) to identify whether or not a paper ticket is a

winning ticket; or

(ii) to access the computer system.

global GST amount, for a lottery operator for a month, means

the global GST amount, calculated under the A New Tax

System (Goods and Services Tax) Act 1999 (Cwlth),

division 126, for the month for the conduct of lotteries under

the lottery operator’s licence.

instant prize means a prize that is known to be won when the

matter printed in a game panel or panels on a ticket is

exposed.

instant scratch-its means a lottery in which—

(a) instant prizes are decided; and

(b) additional prizes may be decided.

intermediate evaluation means an evaluation of any of the

following things relating to regulated lottery equipment—

(a) hardware, other than hardware subject to basic

evaluation;

(b) software, other than software subject to advanced

evaluation;

theoretical return to a player.

lotteries computer system means a computer system used for

the conduct of lotteries by a lottery operator under a lottery

operator’s licence.

lottery random number generator see section 4.

Schedule 4

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monthly gross revenue see section 9.

multi-week sale, for a lottery, see section 4B(2) and (3).

paper ticket means a lottery ticket issued by a lottery agent or

a lottery operator in paper form.

player account means an account established under

section 17AA.

player card means a card a lottery operator gives a person

when the lottery operator registers the person as a registered

player.

player card number means a unique number allocated by a

lottery operator and stated on a player card.

prize includes a share of a prize for the holder of a syndicate

share.

registered player means a person registered in a lottery

operator’s players register under the rule.

restricted player means a person registered in a lottery

operator’s players register as a restricted player under

section 17AA(3).

rule means a rule made under the Lotteries Act 1997,

section 121.

selling fee, for a lottery ticket, means—

(a) if the ticket is sold by a lottery agent—the amount to

which the agent is entitled, under the agent’s agency

agreement, for selling the ticket; or

(b) if the ticket is sold by a lottery operator—an amount that

is equal to the amount to which a lottery agent would

have been entitled under the agent’s agency agreement if

the agent had sold the ticket.

subscription means the amount calculated by deducting the

selling fee for a lottery ticket from the purchase price for the

ticket.

syndicate see section 4A.

syndicate share see section 4A.

Schedule 4

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unrestricted player means a person registered in a lottery

operator’s players register as an unrestricted player under

section 17AA(3).