The Lotteries Act 2019 (SA) and Lotteries Regulations 2021 (SA) commenced on 10 December 2021.

The lotteries provisions previously contained in the Lottery and Gaming Act 1936 (SA) have been reformed and inserted into the new Act.

The Act covers unlawful lotteries, licensed lotteries, licensing of suppliers of lottery products, and restriction on sale of lottery tickets by children.

The regulations cover permitted lotteries (fundraiser lotteries, non-fundraiser lotteries), licensed lotteries (fundraiser, trade promotion lotteries, suppliers of lottery products), minor bingo session rules, sweepstakes rules, card jackpot lottery rules, minor trade promotion rules, participation lottery rules, Calcutta sweepstakes rules, major lottery rules, major bingo session rules, instant lottery rules, major trade promotion lottery rules, and trade promotion (instant prize) lottery rules.

Trade promotions are used by some businesses to promote goods or services. The Lotteries Act sets out detailed requirements for trade promotions to protect consumers. For example, the business must obtain a licence to run the lottery if the prize is worth $5,000 or more.  Entry into the lottery must either be free or as part of the purchase of goods or services. There are limits on the type of goods that can be offered as prizes; for example, the goods cannot include firearms or tobacco products, or goods or services that are illegal to sell in South Australia.  

If a prize is more $1,000, the prize must be offered to be paid by transfer or cheque.

The management committee of the organisation or people involved in the conduct or promotion of the lottery are restricted from entering major lotteries, major bingo sessions, trade promotions and card jackpots. More detailed information about how organisations can raise funds, including lotteries can be found at the sa.gov.au webpage on Fundraising for Organisations (link opens new window).

Further information about the reforms can be found on the Consumer and Business Services website (link opens new window).