Raffles
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A raffle is a game in which participants purchase one or more tickets to be entered into a draw. On a specified date, all tickets which have been sold are entered into the draw. The holder of the winning ticket, or tickets, wins a prize.
Under the Gaming Control Act 1993, authorised games, including raffles with a prize value of over $10,000, may only be conducted by the holder of a minor gaming permit. Different conditions apply to raffles with a prize value of $10,000 or less. More information about can be found under Exempt games.
The minor gaming permit holder must comply with the requirements of the Gaming Control Act 1993, the rules of the authorised game of raffles set out below, and any conditions issued on the minor gaming permit. Failure to comply with these requirements may result in a fine or other disciplinary action.
Under the Gaming Control Act 1993, it is an offence for an individual under the age of 18 to participate in the authorised game of raffles, and it is an offence for any person to facilitate such participation.
Rules for authorised raffles
Raffle proceeds must be used for the lawful purposes of the not-for-profit organisation or the charitable purpose specified on the relevant minor gaming permit, and not for the private gain or benefit of any person except by way of charity.
When calculating the proceeds to be distributed to the relevant not-for-profit organisation or charitable purposes, the starting point must be the gross proceeds of all raffle ticket sales. The minor gaming permit holder may then deduct:
- the reasonable and actually incurred cost of the raffle prizes; and
- the reasonable and actually incurred operational costs of operating the raffle.
No other deductions are permitted, and the remaining proceeds must be distributed in cash (not in goods or services) to the relevant not-for-profit organisation or charitable purpose.
Proceeds must be distributed to the relevant not-for-profit organisation or charitable purpose promptly, and in any event within six weeks of the raffle draw.Sufficient information must be provided in advance of purchase of a ticket to enable participants to reasonably understand the game. This information must be readily available to participants and must include, at a minimum:
- the ticket price and the total number of tickets available for purchase;
- a statement that raffle tickets must not be sold to anyone under the age of 18 years;
- the not-for-profit organisation or charitable purpose which is to benefit from the raffle;
- the name, address and permit number of the minor gaming permit holder who is conducting the raffle;
- the prizes available and their estimated retail value (including relevant information about prizes such as make, model, brand, description, number, and whether there are conditions attached to the prize);
- whether any third party is receiving remuneration to conduct or promote the raffle, and if so, the identity of that third party, the nature of their involvement and the nature of their remuneration;
- the date, time and location of the raffle draw, and whether the draw will be conducted by electronic draw method or physical tickets;
- how the results will be published, winners will be contacted, and prizes will be distributed.
The minor gaming permit holder must retain sufficient information about each participant to enable raffle winners to be contacted and prizes to be distributed. This information must include, at a minimum, the full name, address (or email address) and telephone number of each participant
- All tickets must be sold for the same price.
- The following individuals must not purchase raffle tickets, or otherwise participate in the game of raffles as a player:
- anyone involved in the conduct or drawing of the raffle, or any member of their immediate family; or
- anyone involved in the management of any not-for-profit organisation or charitable purpose which is to benefit from the raffle.
- The raffle must not be abandoned due to lack of ticket sales.
- The raffle must be drawn within twelve months of commencement of ticket sales.
- The method of draw must allow each ticket a random and equal chance of being drawn.
- It must not be a condition of the raffle that the participant is present at the draw in order to win.
- If more than one prize is being offered, the first ticket drawn must win the most valuable prize, the second ticket drawn must win the second most valuable prize, and so on. Reverse draw raffles, where the first ticket drawn wins the least valuable prize, are not permitted.
- Raffle prizes must not include:
- tobacco products;
- firearms and ammunition;
- dangerous articles within the meaning of the Police Offences Act 1935; or
- cosmetic surgery or other similar procedure the main purpose of which is to improve personal appearance.
- The total value of all cash, or cash equivalent, prizes in a raffle must not exceed $5,000.
- The results of the raffle must be made reasonably accessible to participants after the draw, whether by publication on a website, in a newspaper, or similar.
- Winning participants must be contacted promptly and in any event within two weeks of the day on which the raffle is drawn.
- Reasonable efforts must be made to contact winning participants and to distribute prizes.
- If winners cannot be contacted or prizes cannot be distributed after reasonable attempts to do so, and after a reasonable period of time not exceeding nine months has passed, the relevant prize must be sold or otherwise disposed of in a reasonable manner, and the proceeds of sale, if any, must be used for the lawful purposes of the not-for-profit organisation or the charitable purpose specified on the relevant minor gaming permit, and not for the private gain or benefit of any person except by way of charity.
The minor gaming permit holder must complete the “Authorised raffles - record keeping form", containing the following complete and accurate information:
- The dates during which tickets were available for sale, and the date of the raffle draw;
- The ticket price, the number of tickets sold, and the total gross proceeds received from ticket sales;
- All prizes available in the raffle, and their estimated retail value;
- The reasonable and actually incurred cost of prizes, if any, which has been deducted from the total gross proceeds before distribution to the relevant not-for-profit organisation or charitable purpose;
- The reasonable and actually incurred operational costs, if any, which have been deducted from total gross proceeds before distribution to the relevant not-for-profit organisation or charitable purpose;
- The amount of proceeds distributed to the relevant not-for-profit organisation or charitable purpose, and the details of when and how those proceeds were distributed;
- Whether any third party received remuneration to conduct or promote the raffle, and, if so, the identity of that third party, the nature of their involvement, and the nature of their remuneration;
- The full name, address (or email address) and telephone number of each raffle winner;
- A record of how and when the raffle results were published, the winners were contacted, and the prizes were distributed; and
- If winners could not be contacted or prizes could not be distributed, a record of the reasonable steps taken to contact the winners and distribute the prizes, and a record of the reasonable steps taken to sell or otherwise dispose of the prizes and to distribute the proceeds to the relevant not-for-profit organisation or charitable purpose.
- The minor gaming permit holder must retain the completed “Authorised raffles - record keeping form" for a period of 7 years.
- The minor gaming permit holder must provide a copy of the completed “Authorised raffles - record keeping form" to the Commission if requested. In certain circumstances, the Commission may make it a condition of a minor gaming permit that the completed “Authorised raffles - record keeping form" is provided to the Commission within a specified timeframe.