Australian Capital Territory
Lotteries Act 1964     No 13
Republication No 3
Republication date: 9 August 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Lotteries Act 1964 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 August 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 12 September 2001.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Lotteries Act 1964

Contents
	Page
	1	Name of Act	2
	2	Interpretation for Act	2
	4	Application	2
	5	Lotteries	2
	6	Exempt lotteries	3
	7	Approval of lotteries	5
	7A	Variation of approval	6
	8	Prohibition of certain lotteries etc	6
	9	Advertising certain lotteries prohibited	6
	10	Sale of tickets in certain lotteries prohibited	7
	11	Printing of tickets for certain lotteries prohibited	7
	12	Prohibition of formation of syndicates for purchase of shares in lotteries	7
	12A	Instant lotteries	8
	13	Audit	8
	14	Falsification of books etc	9
	15	Misappropriation of funds or prizes	9
	16	Fraudulent drawing etc	10
	17	Unclaimed prizes	10
	18	Supervision of conduct of lottery	10
	18A	Determination of fees	11
	19	Delegation	11
	20	Regulation-making power	11
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13
	4	Amendment history	14
	5	Earlier republications	16

Amendments incorporated to
12 September 2001

Australian Capital Territory
Lotteries Act 1964

An Act relating to lotteries

    

1	Name of Act
This Act is the Lotteries Act 1964.
2	Interpretation for Act
	(1)	In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
approved lottery means a lottery approval for the conducting of which has been granted under section 7.
association means an organisation, club, society or other body of persons, whether incorporated or not, but does not include a body established or carried on solely or principally for the purpose of conducting a lottery or of gaming or wagering.
commission means the gambling and racing commission.
unlawful game—see the Unlawful Games Act 1984.
	(2)	For this Act, a lottery shall be deemed to be being conducted from the time when the first subscription to the lottery is paid until the time when all the prizes in the lottery have been distributed.
4	Application
This Act does not apply in relation to a pool betting scheme or a pool betting competition within the meaning of the Pool Betting Act 1964.
5	Lotteries
	(1)	For this Act, a lottery is a scheme or arrangement, whether real or pretended, by which prizes (whether of money or of any other property, benefit, matter or thing) are or are to be, or are represented or understood as capable of being, drawn, thrown or competed for or gained in any other way by lot, dice or any other mode of chance or by reference to any event or contingency depending on chance, whether the scheme or arrangement is, either in whole or in part, established or conducted or intended or proposed to be established or conducted in the ACT or elsewhere.
	(2)	A scheme or arrangement that involves the distribution of property that is capable of being fairly apportioned among the owners of the property and is proposed, as far as practicable, to be apportioned equally among those owners is not a lottery for this Act.
6	Exempt lotteries
	(1)	For this Act, an exempt lottery is—
	(a)	a lottery that is conducted in the course of carrying on a trade or business and in which the prizes consist of the granting of rebates, discounts or other allowances in relation to amounts payable, or the granting of refunds of amounts paid, for goods sold or services performed in the course of carrying on that trade or business; or
	(b)	a lottery in relation to which—
	(i)	the total value of the prizes does not exceed an amount determined in writing by the commission; and
	(ii)	the proceeds of the subscriptions, after payment of any expenses incurred in printing tickets and purchasing prizes, are used wholly and exclusively for charitable purposes; or
	(c)	a private lottery;
other than a lottery the prizes of which are, or are capable of being, drawn, thrown or competed for or gained in any other way by or by reference to the playing of an unlawful game.
	(2)	A determination under subsection (1) (b) (i) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(3)	For subsection (1), a private lottery is a lottery—
	(a)	in which chances to win prizes are restricted to persons who—
	(i)	are members of the same association or work or reside in the same premises; and
	(ii)	subscribe to the lottery, whether by the purchase of tickets or otherwise; and
	(b)	that is conducted—
	(i)	for a lottery in which chances to win prizes are restricted to persons who are members of the same association—by a person who is a member of the association and is authorised by the governing body of the association to conduct the lottery; or
	(ii)	for a lottery in which chances to win prizes are restricted to persons who work or reside in the same premises—by a person who works or resides in those premises; and
	(c)	in which the same amount is payable for each chance to win a prize and, for a lottery to which subscriptions are made by the purchase of tickets, the amount so payable is specified on each ticket; and
	(d)	in which each subscriber contributes the full amount payable for each of his or her chances and does not receive a refund of the whole or any part of his or her contributions; and
	(e)	that is not advertised except—
	(i)	for a lottery in which chances to win prizes are restricted to persons who are members of the same association—by the exhibition of a notice at premises of the association; or
	(ii)	for a lottery in which chances to win prizes are restricted to persons who work or reside in the same premises—by the exhibition of a notice at those premises; and
	(f)	in which tickets are not sent to subscribers through the post; and
	(g)	in which the proceeds of subscriptions to the lottery, after payment of any expenses incurred in printing tickets for the lottery, are used wholly and exclusively—
	(i)	for a lottery in which chances to win prizes are restricted to persons who work or reside in the same premises—for the provision of prizes; or
	(ii)	for a lottery in which chances to win prizes are restricted to persons who are members of the same association—for the provision of prizes and for the purposes of the association.
7	Approval of lotteries
	(1)	A person who wishes to conduct a lottery (other than a lottery the prizes of which are, or are capable of being, drawn, thrown or competed for or gained in any other way by or by reference to the playing of an unlawful game) may apply in writing to the commission for approval for the conducting of the lottery by that person.
Note	A fee may be determined under s 18A (Determination of fees) for an application.
	(2)	The commission may, in the commission’s discretion, grant or refuse the approval.
	(3)	If the commission grants approval for the conducting of a lottery, the approval is subject to the conditions (if any) imposing requirements or prohibitions on the person conducting the lottery that the commission considers necessary to ensure that, as far as possible, the lottery will be properly conducted and the interests of subscribers to the lottery will be adequately protected.
	(4)	As soon as practicable after the commission has granted or refused approval for the conducting of a lottery, the commission shall notify in writing the person who applied for approval of the grant or refusal of approval.
	(5)	In any proceeding, a certificate issued by the commission specifying whether an approval for the conducting of a lottery specified in the certificate has been granted under this section and, if an approval has been granted, specifying the conditions (if any) to which the approval is subject is evidence of the matters specified.
7A	Variation of approval
	A person who has been granted approval to conduct a lottery under section 7 may apply in writing to the commission for variation of the approval.
Note	A fee may be determined under s 18A (Determination of fees) for an application.
8	Prohibition of certain lotteries etc
	(1)	A person shall not conduct a lottery other than an approved lottery or an exempt lottery.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	If an approval granted under section 7 for the conducting of a lottery is subject to a condition imposing a requirement or prohibition on the person conducting the lottery, the person shall not contravene that condition.
Maximum penalty:  50 penalty units.
9	Advertising certain lotteries prohibited
A person shall not—
	(a)	print or publish, or cause or permit to be printed or published; or
	(b)	display, or cause or permit to be displayed, in any public place or in any place that is visible from the public place;
an advertisement, sign or notice relating to a lottery other than an approved lottery or an exempt lottery.
Maximum penalty:  10 penalty units.
10	Sale of tickets in certain lotteries prohibited
A person shall not sell or offer for sale a ticket or a share in a ticket, or accept money in relation to the purchase of a ticket or a share in a ticket, in a lottery other than an approved lottery or an exempt lottery.
Maximum penalty:  10 penalty units.
11	Printing of tickets for certain lotteries prohibited
A person shall not print, or cause or permit to be printed, a ticket in connection with a lottery other than an approved lottery or an exempt lottery.
Maximum penalty:  5 penalty units.
12	Prohibition of formation of syndicates for purchase of shares in lotteries
A person shall not—
	(a)	for gain or reward, promote, or take part in the formation of, a syndicate for the purchase of a ticket, or a share in a ticket, in a lottery; or
	(b)	advertise, or cause or permit an advertisement to be printed or published, that he, she or any other person is prepared to receive money for a ticket, or for a share in a ticket, purchased or to be purchased in a lottery.
Maximum penalty:  10 penalty units.
12A	Instant lotteries
	(1)	If there appears on a ticket in an instant lottery—
	(a)	the expression ‘match 3’, ‘match three’, ‘match any 3’ or ‘match any three’; or
	(b)	an expression to a similar effect;
the expression shall be taken to have always had the same meaning as the expression ‘find 3 of the same’.
	(2)	In this section:
instant lottery means an approved lottery in which prizes are determined (wholly or partly) by exposing the matter in panels on the tickets in the lottery.
13	Audit
	(1)	The commission may by written notice to a person who is or has been concerned in the conduct of a lottery, require the person to give to the commission, within a period specified in the notice—
	(a)	a written statement showing the whole of the receipts and disbursements in connection with the lottery; and
	(b)	all books, documents and vouchers relating to the lottery.
	(2)	The commission may keep any statements, books, documents or vouchers that are so given to the commission and may cause them to be audited by a person authorised by the commission for the purpose.
	(3)	A person so authorised to audit any statements, books, documents or vouchers relating to a lottery may, by written notice to a person who is or has been concerned in the conduct of the lottery, require the person, within a period specified in the notice, to give the commission the information in the possession of the person or to which the person has access, and to answer the questions, that the authorised person considers necessary for the purposes of the audit.
	(4)	A person to whom a requirement is directed under this section shall comply with the requirement.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(5)	A notice under this section to a person may be given personally to the person or may be sent by post to the last-known place of residence or business of the person.
14	Falsification of books etc
A person shall not, with intent to defraud or deceive any other person—
	(a)	alter or falsify a book, document or voucher relating to a lottery; or
	(b)	make a false or fraudulent entry in a book, document or voucher relating to a lottery; or
	(c)	omit a material particular from a book, document or voucher relating to a lottery.
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
15	Misappropriation of funds or prizes
A person who is concerned in the conduct of a lottery shall not convert to his or her own use any of the money subscribed to, or any of the prizes in, the lottery.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
16	Fraudulent drawing etc
A person shall not, with intent to defraud, conduct the drawing of a lottery in such a way or under such conditions that the chances of winning prizes are not equally favourable to all persons having tickets in the lottery.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
17	Unclaimed prizes
A prize in a lottery that is not, before the end of 3 months after the drawing of the lottery, claimed by the person entitled to the prize or a person authorised by the firstmentioned person to claim the prize shall be dealt with in the way that the commission directs.
18	Supervision of conduct of lottery
	(1)	If it appears to the commission to be desirable for the purpose of protecting the interests of subscribers to a lottery that the conduct of the lottery should be supervised, the commission may, by written notice, authorise a person to supervise the conduct of the lottery.
	(2)	A person authorised under subsection (1) may—
	(a)	enter any place where a lottery is being, or is to be drawn; and
	(b)	give to persons who have been or become concerned in the conduct of the lottery the directions in relation to the lottery that the commission considers necessary to ensure as far as possible that the interests of the subscribers to the lottery are protected.
	(3)	A person shall not, on being shown the notice of authority given under subsection (1)—
	(a)	hinder or obstruct the person authorised by the notice in the exercise of his or her powers under this section; or
	(b)	contravene a direction given to him or her under subsection (2).
Maximum penalty:
	(a)	for paragraph (a)—50 penalty units, imprisonment for 6 months or both; and
	(b)	for paragraph (b)—50 penalty units.
18A	Determination of fees
	(1)	The commission may, in writing, determine fees for this Act.
Note 	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
19	Delegation
	(1)	The commission may, in writing, delegate all or any of the commission’s powers under this Act, except this power of delegation.
	(2)	A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
	(3)	A delegation under this section is revocable at will and does not prevent the exercise of a power by the commission.
20	Regulation-making power
The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
This Act was originally a Commonwealth ordinance—the Lotteries Ordinance 1964 No 13 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	Legislation before becoming Territory enactment
Lotteries Act 1964 No 13
notified 21 August 1964
commenced 1 September 1964 (s 2)
as amended by
Ordinances Revision (Decimal Currency) Ordinance 1966 No 19
notified 23 December 1966
commenced 23 December 1966
Lotteries (Amendment) Ordinance 1981 No 13
notified 20 May 1981
commenced 29 May 1981 (Cwlth Gaz 1981 No S103)
Lotteries (Amendment) Ordinance 1982 No 17
notified 7 May 1982
commenced 11 June 1982 (Cwlth Gaz 1982 No S117)
Lotteries (Amendment) Ordinance 1983 No 44
notified 29 September 1983
commenced 1 October 1983
Lotteries (Amendment) Ordinance 1984 No 23
notified 29 June 1984
commenced 1 July 1984 (Cwlth Gaz 1984 No S244)
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1 
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
	Legislation after becoming Territory enactment
Lotteries (Amendment) Act 1994 No 36
notified 28 June 1994 (Gaz 1994 No S114)
commenced 28 June 1994 (s 2)
Lotteries (Amendment) Act 1996 No 60
notified 3 December 1996 (Gaz 1996 No S321)
ss 1-3 commenced 3 December 1996 (s 2 (1))
remainder commenced 13 December 1996 (s 2 (2) and Gaz 1996 No S331)
Revenue Legislation Amendment Act 1999 No 38 pt 3
notified 12 July 1999 (Gaz 1999 No S44)
commenced 1 July 1999 (s 2)
Gambling and Racing Control (Consequential Provisions) Act 1999 No 47 sch, notes
notified 17 September 1999 (Gaz 1999 No S54)
s 1, s 2 commenced 17 September 1999 (s 2 (1))
sch, notes commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)
Legislation (Consequential Amendments) Act 2001 No 44 pt 232
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 232 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
4	Amendment history
Interpretation for Act
s 2	orig s 2 am 1994 No 36 sch
	om 2001 No 44 amdt 1.2709
	(prev s 4) am 1984 No 23
	renum R3 LA (see 2001 No 44 amdt 1.2711)
	def approved lottery am 1994 No 36 sch
	def association am 1996 No 60 sch
	def commission ins 1999 No 47 sch
	def determined fee ins 1999 No 38 s 10
	om 2001 No 44 amdt 1.2710
Repeal and transitional
s 3	am 1994 No 36 sch
	om 2001 No 44 amdt 1.2709
Application
s 4	(prev s 4A) ins 1981 No 13
	renum as R3 LA (see 2001 No 44 amdt 1.2711)
Application
s 4A	renum as s 4
Exempt lotteries
s 6	am 1966 No 19; 1982 No 17; 1994 No 36 sch; 1996 No 60 s 4; 1999 No 47 sch; 2001 No 44 amdts 1.2712-1.2714; ss and pars renum R3 LA (see 2001 No 44 amdt 1.2715)
Approval of lotteries
s 7	am 1983 No 44; 1994 No 36 sch; 1999 No 38 s 11; 1999 No 47 sch; 2001 No 44 amdts 1.2716-1.2718
Variation of approval
s 7AA	ins 1999 No 38 s 12
	om 2001 No 44 amdt 1.2719
Variation of approval
s 7A	ins 1983 No 44
	am 1999 No 38 s 13; 1999 No 47 sch
	sub 2001 No 44 amdt 1.2719
Prohibition of certain lotteries etc
s 8	am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch
Advertising certain lotteries prohibited
s 9	am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch
Sale of tickets in certain lotteries prohibited
s 10	am 1966 No 19; 1996 No 60 sch
Printing of tickets for certain lotteries prohibited
s 11	am 1966 No 19; 1996 No 60 sch
Prohibition of formation of syndicates for purchase of shares in lotteries
s 12	am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch
Instant lotteries
s 12A	ins 1994 No 36 s 4
Audit
s 13	am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch; 1999 No 47 sch
Falsification of books etc
s 14	am 1994 No 36 sch; 1996 No 60 sch
Misappropriation of funds or prizes
s 15	am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch
Fraudulent drawing etc
s 16	am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch
Unclaimed prizes
s 17	am 1994 No 36 sch; 1996 No 60 sch; 1999 No 47 sch
Supervision of conduct of lottery
s 18	am 1966 No 19; 1994 No 36 sch; 1996 No 60 sch; 1999 No 47 sch
Determination of fees
s 18A hdg	am 1999 No 47 notes
s 18A	ins 1983 No 44
	am 1999 No 47 sch
	sub 2001 No 44 amdt 1.2720
Delegation
s 19	am 1994 No 36 sch; 1999 No 47 sch
Regulation-making power
s 20	am 1989 No 38 sch 1
	sub 2001 No 44 amdt 1.2721
Transitional provision—certain determinations may be retrospective
s 21	ins 1999 No 38 s 14
	om 2001 No 44 amdt 1.2721
Repealed Acts and ordinances
sch	om 2001 No 44 amdt 1.2722
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Ord 1989 No 38	31 July 1991	
2	Act 1996 No 60	30 April 1997	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002