Queensland Charitable and Non-Profit Gaming Act 1999 Charitable and Non-Profit Gaming Rule 1999 Reprinted as in force on 30 June 2009 Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning--This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 SL No. 198 s 20 Information about this reprint This rule is reprinted as at 30 June 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made--see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about-- · when provisions commenced · editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, `lodgement' has replaced `lodgment'). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other. Queensland Charitable and Non-Profit Gaming Rule 1999 Contents Page Part 1 1 2 3 4 Part 2 5 Part 3 6 7 8 Part 4 9 10 11 12 13 Part 5 14 Part 6 Division 1 15 16 17 18 19 Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charitable and non-profit games . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertising Prohibition on certain advertisements . . . . . . . . . . . . . . . . . . . . . Entering Players to have equal chance of winning prize. . . . . . . . . . . . . . . Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tickets Tickets to be offered at same price unless bundled . . . . . . . . . . . Tickets not to be sold after closing date for game . . . . . . . . . . . . Tickets to be issued only if correct price paid. . . . . . . . . . . . . . . . Tickets may be sent or delivered only in certain circumstances. . Tickets to be consecutively numbered . . . . . . . . . . . . . . . . . . . . . Drawing Order in which prizes to be drawn . . . . . . . . . . . . . . . . . . . . . . . . Prizes Provisions about certain prizes Prizes--animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prizes--antiques, gems, memorabilia and art . . . . . . . . . . . . . . . Prizes--land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prizes--second-hand motor vehicles . . . . . . . . . . . . . . . . . . . . . . Prizes in category 2 or 3 game--second-hand goods . . . . . . . . . 8 9 9 10 10 8 7 7 7 7 8 6 6 6 5 5 5 5 5 Charitable and Non-Profit Gaming Rule 1999 Contents 20 21 22 Division 2 23 24 25 26 27 Schedule 1 1 2 3 4 5 6 7 8 Schedule 2 1 2 3 4 5 6 Schedule 3 1 2 3 4 5 6 7 8 Schedule 4 1 Page 2 Insurance for certain prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Substitution of prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibited prizes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivering and claiming prizes Delivery of prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claim periods for prizes--Act, s 96(2) . . . . . . . . . . . . . . . . . . . . . Locating prize winners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with unclaimed prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting art unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distinguishing tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drawing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertisements for category 2 or 3 art unions . . . . . . . . . . . . . . . Ineligibility to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Value of prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bingo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting bingo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ineligibility to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertisements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Value of prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Calcutta sweeps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting calcutta sweeps. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting sweep and auction . . . . . . . . . . . . . . . . . . . . . . . . . . Drawing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ineligibility to enter calcutta sweep . . . . . . . . . . . . . . . . . . . . . . . . Advertisements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distributing prize pool. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lucky envelopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting lucky envelopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 13 13 14 15 15 15 15 16 17 18 18 18 20 20 20 20 21 21 21 23 23 23 23 23 24 24 25 25 26 26 11 11 11 Charitable and Non-Profit Gaming Rule 1999 Contents 2 3 4 5 6 7 Schedule 5 1 2 3 4 5 6 7 Schedule 6 Tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claiming a prize . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ineligibility to enter lucky envelopes . . . . . . . . . . . . . . . . . . . . . . . Advertisements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unsold tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Value of prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Promotional games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conducting promotional games . . . . . . . . . . . . . . . . . . . . . . . . . . Entering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tickets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drawing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertisements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elimination of players . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bingo as a promotional game. . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 26 27 27 27 28 28 28 29 29 30 30 30 31 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 32 33 33 34 34 Page 3 Charitable and Non-Profit Gaming Rule 1999 Part 1 Preliminary [s 1] Charitable and Non-Profit Gaming Rule 1999 [as amended by all amendments that commenced on or before 30 June 2009] Part 1 1 Short title Preliminary This rule may be cited as the Charitable and Non-Profit Gaming Rule 1999. 2 Commencement This rule commences on 1 December 1999. 3 Charitable and non-profit games (1) (2) This rule provides for conducting and playing games. Each schedule states the rules for conducting and playing the game mentioned in the schedule. 4 Dictionary The dictionary in schedule 6 defines particular words used in this rule. Part 2 5 Advertising Prohibition on certain advertisements An advertisement for a game must not state, suggest or imply that the game will be drawn under the supervision of-- Reprint 2B effective 30 June 2009 Page 5 Charitable and Non-Profit Gaming Rule 1999 Part 3 Entering [s 6] (a) (b) (c) the State; or a representative of the State; or a public service officer. Part 3 6 Entering Players to have equal chance of winning prize (1) Each person who is issued with a ticket for a game must have a fair and equal chance of winning the major prize in the game when the game is drawn. However, subsection (1) does not apply to the following games-- (a) (b) (c) lucky envelopes; a calcutta sweep so far as it relates to the auction held for the sweep; a promotional game that allows for 1 round in which players are eliminated. (2) 7 Refunds (1) This section applies if a person pays a fee to enter a game but the person is not issued with a ticket or the person's ticket for the game is not included in the draw. The person conducting the game must refund the fee to the person as soon as practicable. (2) 8 Refusal of entry A person conducting a game must refuse a person entry to the game if the person is not eligible to enter the game. Page 6 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Part 4 Tickets [s 9] Part 4 9 Tickets Tickets to be offered at same price unless bundled (1) (2) All tickets for a game must be sold at the same price. However, subsection (1) does not apply to bundled tickets if-- (a) (b) the fact that bundled tickets may be purchased is notified at the time of sale; and the same discount for bundled tickets is offered equally to all persons at the time of sale. (3) In this section-- bundled tickets means tickets offered at a discount for purchasing a certain number of tickets. Example of bundled tickets-- One ticket for $1 or 3 tickets for $2. 10 Tickets not to be sold after closing date for game Tickets for a game must not be sold after the closing date for the game. 11 Tickets to be issued only if correct price paid (1) (2) A ticket for a game may be issued to a player only if the player has paid the correct price for the ticket. However, if the game has a series of draws over a period, a ticket may be issued to the player if the player has paid the amount that is sufficient to entitle the ticket to be entered in the next draw for the game. 12 Tickets may be sent or delivered only in certain circumstances A ticket for a game must not be sent or delivered to a person unless-- Reprint 2B effective 30 June 2009 Page 7 Charitable and Non-Profit Gaming Rule 1999 Part 5 Drawing [s 13] (a) (b) the person has paid for the ticket before it is sent or delivered; or for a game conducted by an association--the person is the association's agent or ticket seller. 13 Tickets to be consecutively numbered Tickets for a game, other than lucky envelopes or a promotional game, must be numbered consecutively. Part 5 14 Drawing Order in which prizes to be drawn (1) If more than 1 prize is offered in a game, the major prize must be drawn first and the other prizes drawn in descending order of the prize number and value. However, subsection (1) does not apply if an alternative order of drawing is notified at the time tickets in the game are issued. This section does not apply to a game involving an instant result ticket. (2) (3) Part 6 Division 1 15 Prizes Provisions about certain prizes Prizes--animals (1) Page 8 If a prize in a game is an animal, the prize winner must be given-- Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Part 6 Prizes [s 16] (a) (b) a current written market valuation from an appropriate valuer for the animal; and a certificate from a veterinary surgeon about the distinguishing characteristics and markings, health and physical condition of the animal. (2) In this section-- veterinary surgeon see Veterinary Surgeons Act 1936, section 3. 16 Prizes--antiques, gems, memorabilia and art If a prize in a game is an antique, a gem, memorabilia or a work of art, the prize winner must be given a current written market valuation from an appropriate valuer for the antique, gem, memorabilia or work of art. 17 Prizes--land (1) If a prize in a game is land, the prize winner must be given the following documents-- (a) (b) (c) a current valuation for the land from a registered valuer; a copy of the certificate of title for the land; a certificate from the local government for the area in which the land is located certifying-- (i) (d) that all rates for the land have been paid; and (ii) the purposes for which the land may be used; a certificate from the Commissioner of State Revenue appointed under the Taxation Administration Act 2001 certifying that there is no land tax charge on the land; if a dwelling or other building or structure is on the land--a certificate from a registered professional engineer, a licensed builder or an architect about the structural soundness and condition of the dwelling, building or structure and the estimated cost of repairing any defects; Page 9 (e) Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Part 6 Prizes [s 18] (f) if the dwelling, building or structure is not new--a written undertaking from the person conducting the game that any defects of which the winner gives the person written notice within 3 months after the prize is delivered to the winner will be rectified as soon as practicable. (2) In this section-- architect see Architects Act 1985, section 3. licensed builder see Queensland Building Services Authority Act 1991, schedule 2. registered professional engineer see Professional Engineers Act 1988, section 5. registered valuer see Valuers Registration Act 1992, section 3. 18 Prizes--second-hand motor vehicles If a prize in a game is a second-hand motor vehicle, the prize winner must be given the following documents for the motor vehicle-- (a) (b) (c) (d) a current certificate of roadworthiness; a current written market valuation from an appropriate valuer; a warranty for a period of 3 months after the day it is delivered to the winner; a security interest certificate under the Motor Vehicles Securities Act 1986. 19 Prizes in category 2 or 3 game--second-hand goods If a prize in a category 2 or 3 game is a thing, other than a motor vehicle, that is second-hand, the prize winner must be given a current written market valuation from an appropriate valuer for the prize. Page 10 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Part 6 Prizes [s 20] 20 Insurance for certain prizes An existing prize with a value of more than $5000 must be insured against loss or damage for an amount equal to its current valuation for the period from when tickets for the game go on sale to the day the prize is delivered to the winner. 21 Substitution of prizes Another prize may be substituted (the substituted prize) for a prize offered for a game (the original prize) only if-- (a) the person conducting the game and the prize winner have agreed, in writing, to the substituted prize being substituted for the original prize; and the substituted prize is similar to and of the same or greater value than the original prize; and for a category 3 game--within 7 days of entering into the agreement under paragraph (a), the person conducting the game gives the chief executive details of the substitution and a copy of the agreement. (b) (c) 22 Prohibited prizes (1) The following must not be offered as a prize for a game-- (a) (b) (c) (d) (e) (f) (g) for a lucky envelopes game played using scratch and reveal lucky envelopes tickets--more than $250 in cash; for another lucky envelopes game--more than $500 in cash; for a game other than lucky envelopes or a promotional game--more than $10000 in cash; a tobacco product; a weapon or ammunition; a surgical procedure; any other item the sale or acquisition of which is restricted by legislation of the State or Commonwealth; Page 11 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Part 6 Prizes [s 23] (h) (2) a ticket or other chance in a game that is not approved under a gaming Act. Also, for a game other than a promotional game, alcohol must not be offered as a prize unless the alcohol has a retail value of $1000 or less. In this section-- tobacco product see Tobacco Advertising Prohibition Act 1992 (Cwlth), section 8. weapon see Weapons Act 1990, section 5. (3) Division 2 23 Delivering and claiming prizes Delivery of prizes (1) A person conducting bingo must deliver the prizes to the winners of the game immediately after the winners are decided. For a game other than bingo, the person conducting the game must deliver the prizes to the winners of the game within 1 month after winners are decided. However, subsection (2) does not apply if-- (a) the prize winner agrees in writing that the prize may be delivered more than 1 month after the winners are decided; or after making all reasonable efforts, the person conducting the game can not locate the prize winner. (2) (3) (b) 24 Claim periods for prizes--Act, s 96(2) The period for claiming a prize in a game is as follows-- (a) (b) Page 12 for a category 1 game--a reasonable period after the prize winner is decided; for a category 2 game--1 year from the day the prize winner is decided; Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Part 6 Prizes [s 25] (c) (d) for a category 3 game--3 years from the day the prize winner is decided; for a category 4 game--3 months from the day the prize winner is decided. 25 Locating prize winners (1) A person conducting a game must make every reasonable effort to-- (a) (b) locate the prize winners for the game; and deliver the prizes to the winners. (2) If a person conducting a category 2 or 3 game is unable to locate a prize winner the person must give written notice to the chief executive of the inability to locate the winner and the efforts made to locate the winner. The notice must be given within 7 days of becoming aware of the inability to locate the winner. (3) 26 Dealing with unclaimed prizes (1) This section applies if a person who conducted a game is unable to locate a prize winner, or can not deliver a prize, for the game. The prize must be kept for the following period from the day the prize winner is decided-- (a) (b) (c) (d) for a category 1 game--a reasonable period; for a category 2 game--1 year; for a category 3 game--at least 1 year; for a category 4 game--3 months. (2) (3) If the prize is for a game mentioned in subsection (2)(a) or (d) and the prize is not claimed within the period mentioned in the paragraph, the person who conducted the game must draw another winner for the prize. Reprint 2B effective 30 June 2009 Page 13 Charitable and Non-Profit Gaming Rule 1999 Part 6 Prizes [s 27] (4) If the prize is for a game mentioned in subsection (2)(b) or (c) and the prize is not claimed within the period mentioned in the paragraph, the association that conducted the game may apply the prize or its sale proceeds to the association's purposes. However, subsection (4) does not affect a person's right to claim a prize in a category 3 game during the period mentioned in section 24(c). Subsections (2)(d) and (3) do not apply to a category 4 game if the conditions of entry for the game provide for the re-drawing of winners for unclaimed prizes or the jackpotting of unclaimed prizes. (5) (6) 27 Expenses The amount of the estimated gross proceeds of a game that may be paid towards the cost of conducting the game, other than the cost of prizes, must be reasonable in relation to-- (a) (b) the estimated gross proceeds of the game; and the nature of the game. Page 14 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Schedule 1 Schedule 1 Art unions section 3(2) 1 Conducting art unions This schedule states the rules for conducting an art union. 2 Tickets Each ticket in a category 2 or category 3 art union must include the following information for the art union-- (a) (b) (c) (d) (e) (f) (g) (h) 3 the name of the person conducting it; the closing and drawing dates; the way in which prize winners will be notified; the ticket price; the order in which prizes will be drawn if the order is other than the order in part 5, section 14(1); the ticket number; for an art union conducted under a category 3 or special category 3 gaming licence--the licence number; a description and the retail value of each of the prizes. Distinguishing tickets (1) If more than 1 series of tickets is to be used for the same draw in an art union, each series of tickets must be identifiable by colour or other distinguishable characteristics. If more than 1 category 1 art union is being drawn in a day, the tickets in each draw must be identifiable by colour, series or other distinguishable characteristics. If an art union is not conducted and drawn on the same day, the tickets for the art union must-- (2) (3) Reprint 2B effective 30 June 2009 Page 15 Charitable and Non-Profit Gaming Rule 1999 Schedule 1 (a) have the name and either the address or telephone number of the entrant-- (i) legibly written on the ticket butt; or (ii) legibly recorded in another way enabling each prize winner to be identified; and (b) for a guessing game competition, have the name and either the address or telephone number of the entrant legibly recorded in a way enabling each prize winner to be identified. 4 Drawing (1) (2) A category 1 art union must be drawn not more than 4 months after the day tickets in the art union start to be sold. A category 1 art union dependent upon an event or a series of events must be drawn-- (a) (b) for an art union dependent upon an event--within 1 month of the event; or for an art union dependent upon a series of events--within 1 month of the last event in the series. (3) A category 2 or 3 art union, other than an art union conducted under a special category 3 gaming licence, must be drawn on the day, not more than a year after the day tickets in the art union start to be sold, stated on the tickets for the art union. A person may extend the day on which a category 2 or 3 art union, other than an art union conducted under a special category 3 gaming licence, was originally intended to be drawn to a day not more than 1 year after the day tickets in the art union start to be sold. If the drawing date for a category 2 art union is extended, the person conducting the art union must-- (a) (b) take reasonable steps to notify the extension to entrants; and ensure all remaining unsold tickets include the new closing and drawing dates for the art union. Reprint 2B effective 30 June 2009 (4) (5) Page 16 Charitable and Non-Profit Gaming Rule 1999 Schedule 1 (6) If the drawing date for a category 3 art union is extended, the person conducting the art union must-- (a) advise entrants of the new closing and drawing dates by advertisement in a newspaper circulating in the area where the tickets were sold; and ensure all remaining unsold tickets include the new closing and drawing dates for the art union. (b) (7) A person may extend the day on which an art union conducted under a special category 3 gaming licence was originally intended to be drawn to a day not beyond the term of the licence. If the drawing date for an art union conducted under a special category 3 gaming licence is extended, all remaining tickets for the art union must include its new closing and drawing dates. If unsold tickets for an art union are included in the draw and an unsold ticket is drawn, another ticket must be drawn until the winner is decided. (8) (9) 5 Results (1) The results of an art union must be published in the way advertised or otherwise advised by the person conducting the art union when tickets for it are sold. For a category 1 art union, if the person has not given information about the way in which the results will be published-- (a) (b) prize winners must be given oral or written notice in person within 28 days after the art union is drawn; and the results must be published or made available in an appropriate way. (2) (3) For a category 2 or 3 art union, if the person has not given information about the way in which the results will be published, prize winners must be given notice by mail within 28 days after the art union is drawn. Reprint 2B effective 30 June 2009 Page 17 Charitable and Non-Profit Gaming Rule 1999 Schedule 1 6 Advertisements for category 2 or 3 art unions An advertisement for a category 2 or 3 art union must include the following information for the art union-- (a) (b) (c) (d) (e) (f) (g) 7 the closing and drawing dates; the ticket price; the order prizes are to be drawn; details of how prize winners will be notified; the name of the person conducting it; for an art union conducted under a category 3 or special category 3 gaming licence--the licence number; a description and the retail value of each of the prizes. Ineligibility to enter (1) A person is not eligible to enter a category 1 art union if the person is directly engaged in conducting the draw of the art union. A person is not eligible to enter a category 2 or 3 art union if the person is-- (a) (b) (c) (d) a member of the management committee of the eligible association conducting the art union; or directly engaged in conducting the draw of the art union; or the eligible association conducting the art union; or a member of the immediate family of a person mentioned in paragraph (a) or (b). (2) 8 Value of prizes (1) The total retail value of prizes in an art union, other than a tipping competition, must be at least 20% of the estimated gross proceeds of the art union. All proceeds of a tipping competition must be returned to the players of the game as prizes. Reprint 2B effective 30 June 2009 (2) Page 18 Charitable and Non-Profit Gaming Rule 1999 Schedule 1 (3) For subsections (1) and (2), a tipping competition is an art union in which-- (a) the players pay a fee to enter the competition before the relevant sporting season starts and may be required to make periodic fee payments to remain in the competition; and the competition is conducted on the entire recognised sporting season but may include or exclude the finals; and in addition to the major prizes won by players at the end of the season, prizes may be given to players who select the most winning teams or participants in each round. (b) (c) Reprint 2B effective 30 June 2009 Page 19 Charitable and Non-Profit Gaming Rule 1999 Schedule 2 Schedule 2 Bingo section 3(2) 1 Conducting bingo This schedule states the rules for conducting bingo. 2 Definitions for sch 2 In this schedule-- call-back means numbers are repeated to verify that the numbers called match the numbers of a prize-winning card. caller, for a bingo game, means the person who calls out the numbers. spotter, for a bingo game, means the person who identifies a prospective winner for the game and checks whether a card is a prize-winning card. 3 Results (1) The prize winner in a bingo game is the person-- (a) (b) who claims the prize; and whose ticket is checked by a spotter and found to have all the numbers that have been properly drawn and called and are necessary to win the prize. (2) A person who claims a prize in a bingo game during a call-back of a ticket claimed as a winning ticket in the game must be recognised as a claimant of the prize. If there is more than 1 prize winner in a bingo game, the monetary value of the prize must be divided equally between the prize winners. A claim to a prize can not be recognised after the game is finished. (3) (4) Page 20 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Schedule 2 (5) A bingo game is finished when the last number of the last winning ticket of a claimant in the game has been called. 4 Ineligibility to enter The following persons are not eligible to enter a bingo game-- (a) (b) (c) a person directly engaged in the calling or drawing of the winning bingo numbers; a person who acts as a spotter in the bingo game; if a bingo session is a category 2 game--a person who is a member of the management committee of the eligible association conducting the bingo; a member of the immediate family of a person mentioned in paragraph (a), (b) or (c). (d) 5 Advertisements An advertisement for a bingo session must include the following information for the bingo session-- (a) (b) 6 the time and date of the bingo session; the name of the person conducting the bingo session. Value of prizes (1) The total value of prizes in a bingo session, other than jackpot prizes, must not be more than 75% of the gross proceeds of the session. However, subsection (1) does not apply to a bingo session if-- (a) all money received from the sale of tickets in the session is returned to the players in the session in the form of prizes; and the premises at which the bingo session is conducted are not premises that are, or part of which are, licensed premises under the Liquor Act 1992. (2) (b) Reprint 2B effective 30 June 2009 Page 21 Charitable and Non-Profit Gaming Rule 1999 Schedule 2 (3) A jackpot prize in a bingo session may be paid only from funds set aside for that purpose from the proceeds of earlier bingo sessions and the current session. However, for the first jackpot prize offered in a bingo session conducted by a person, the following amounts may be used to start the jackpot prize pool-- (a) (b) for a category 1 bingo game--an amount of not more than $1000; for a category 2 bingo game--an amount of not more than $5000. (4) Page 22 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Schedule 3 Schedule 3 Calcutta sweeps section 3(2) 1 Conducting calcutta sweeps This schedule states the rules for conducting calcutta sweeps. 2 Tickets If the draw of a calcutta sweep is not to occur on the day on which tickets in the sweep are sold, each ticket must include the following information for the sweep-- (a) (b) (c) (d) (e) (f) (g) 3 the date and name of the event on which it is conducted; the closing date for the sale of tickets; the time, day and place for the draw and auction; the name of the person conducting it; the price of the ticket; the ticket number; the player's name and address. Conducting sweep and auction (1) (2) (3) Each player drawing a participant in the event must be advised of the participant the player has drawn. A player is not successful in bidding for a participant in the event until the player has paid the full amount for the bid. Each successful bidder must be advised of the participant the bidder has bought in the auction process. 4 Drawing (1) The result of the event in a calcutta sweep must be finalised within 3 calendar months of the day tickets for the calcutta sweep start to be sold. Page 23 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Schedule 3 (2) If the sale of tickets in the calcutta sweep is advertised, the drawing and auction for the calcutta sweep must be conducted at the time, date and place stated in the advertisement. The auction for the calcutta sweep must be conducted in the order of participants in the event or a pre-determined order advised to all players present at the start of the auction. If the final bidder for each participant in a calcutta sweep is the player who drew the participant in the lot or draw, the player must pay only half of the final bid or a pre-determined percentage of the final bid advised to all players present at the start of the auction. The total amount of ticket sales and auction proceeds, less reasonable expenses and the amount kept by the person conducting the calcutta sweep, must be distributed-- (a) (b) in the way advertised by the person; or if the sweep has not been advertised, in the way decided by the person and advised to all players at the start of the auction. (3) (4) (5) 5 Results (1) A person conducting a calcutta sweep must give players information about the way in which the results will be publicised or made available. The prize winners in the calcutta sweep must be notified of the results in the way advised under subsection (1). (2) 6 Ineligibility to enter calcutta sweep (1) A person is not eligible to enter a calcutta sweep if the person is-- (a) (b) directly engaged in the conduct of the drawing of the calcutta sweep; or a member of the immediate family of a person mentioned in paragraph (a). Page 24 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Schedule 3 (2) Also, a person is not eligible to enter a category 2 or 3 calcutta sweep if the person is-- (a) (b) a member of the management committee of the association conducting the calcutta sweep; or a member of the immediate family of a person mentioned in paragraph (a). 7 Advertisements An advertisement for a calcutta sweep must contain the following information for the calcutta sweep-- (a) (b) (c) (d) (e) 8 the date and name of the event on which it is to be conducted; the closing date for the sale of tickets; details of how prize winners will be notified; the name of the person conducting it; the time, day and place for the draw and auction. Distributing prize pool The prize payout percentages for a calcutta sweep must be notified to the players before the sweep is drawn and the auction is conducted. Reprint 2B effective 30 June 2009 Page 25 Charitable and Non-Profit Gaming Rule 1999 Schedule 4 Schedule 4 Lucky envelopes section 3(2) 1 Conducting lucky envelopes This schedule states the rules for conducting lucky envelopes. 2 Tickets Each lucky envelopes ticket must include the following information-- (a) (b) (c) (d) (e) the lucky envelope printer licence number of the person who printed the ticket; the serial number for the lucky envelopes game; the ticket price; the name of the person conducting the game; any other information the chief executive reasonably requires to be included on the ticket. 3 Claiming a prize (1) (2) A person may claim a prize in a lucky envelopes game from the person who conducted the game or the person's agent. If the person who conducted the game, or the person's agent, is satisfied the claim is valid, the person or agent must give the prize to the claimant. 4 Ineligibility to enter lucky envelopes A person is not eligible to enter a lucky envelopes game if the person is-- (a) (b) Page 26 a member of the management committee of the eligible association conducting the game; or engaged in conducting the game; or Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Schedule 4 (c) (d) (e) the eligible association conducting the game; or a member of the immediate family of a person mentioned in paragraph (a) or (b); or a child, and a person enters the game by buying a scratch and reveal lucky envelope ticket. 5 Advertisements An advertisement for a lucky envelopes game must include the name of the person conducting the game. 6 Unsold tickets Unsold tickets in a lucky envelopes game may be withdrawn from sale only if all the winning lucky envelopes tickets have been sold. 7 Value of prizes The total value of prizes in a lucky envelopes game must be at least 40% of the estimated gross proceeds from the series of lucky envelopes. Reprint 2B effective 30 June 2009 Page 27 Charitable and Non-Profit Gaming Rule 1999 Schedule 5 Schedule 5 Promotional games section 3(2) 1 Conducting promotional games This schedule states the rules for conducting promotional games. 2 Entering (1) (2) Entry to a promotional game must be free. If entry to the promotional game involves-- (a) sending an entry form or other document stated in the conditions of entry for the game, the cost of sending the entry must not be more than the price of a standard local postage stamp; or telephoning a stated number, the cost of telephoning must not be more than 55 cents. (b) (3) A person conducting a promotional game must not, directly or indirectly, receive all or part of an amount that has been contributed towards the cost of entry under subsection (2)(b). Also, the cost charged by a telephone service provider for the telephone service to the person conducting the promotional game must not be more than the prevailing rate for the service. If an entrant is required to buy goods or services to be eligible to enter the promotional game, the cost of buying the goods or services must not be more than the prevailing market value of the goods or services. Subject to any test of an entrant's knowledge, skill or judgement required to enter the promotional game, each entrant must have a fair and equal chance of winning the major prize at the start of the game. The terms and conditions of the promotional game must be readily available to all entrants and complied with. Reprint 2B effective 30 June 2009 (4) (5) (6) (7) Page 28 Charitable and Non-Profit Gaming Rule 1999 Schedule 5 (8) The terms and conditions must include the following information for the promotional game-- (a) (b) (c) (d) (e) (f) (g) (h) (i) the name of the person conducting it; eligibility requirements for entrants; a description and the retail value of each of the prizes; the closing and drawing dates; the order in which prizes will be drawn if the order is other than the order in part 5, section 14(1); how prize winners will be notified; whether results will be published and, if so, the way in which they will be published; whether the prize will jackpot or be redrawn if the winning player is not present; whether the game involves a round in which players are eliminated. 3 Tickets (1) (2) This section applies if a promotional game involves an instant result ticket. The tickets must be made in a way that ensures the contents of the playing panel can not be seen other than by-- (a) (b) (c) breaking a secure tab; or scratching the playing panel; or a clearly pre-designated way of disclosing the contents of the playing panel. 4 Drawing A promotional game must be drawn on the day, within 1 year of the day it starts, stated in the terms and conditions for the game. Reprint 2B effective 30 June 2009 Page 29 Charitable and Non-Profit Gaming Rule 1999 Schedule 5 5 Advertisements An advertisement for a promotional game must include details of the cost a person incurs in telephoning the person's entry in the promotional game. 6 Elimination of players If a promotional game allows for the elimination of players, the terms and conditions of the game may allow for only 1 round of elimination. 7 Bingo as a promotional game A promotional game that is bingo, may be conducted only-- (a) (b) (c) in a newspaper or a magazine; or at premises for which a bingo centre licence is in force; or by an eligible association, during a bingo session, at premises other than premises that are, or part of which are, licensed premises under the Liquor Act 1992. Page 30 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Schedule 6 Schedule 6 Dictionary section 4 appropriate, for a valuer, means having the expertise to carry out the valuation. closing date, for a game, means the date decided by the person conducting the game from which no further tickets in the game are to be sold. entrant, in a game, means a person who has been issued a ticket in a game. immediate family, of a person, means the person's spouse and family members residing at the same premises as the person. instant result ticket means a ticket that, by scratching or doing something else to it, the player immediately knows if the player has won a prize. major prize, for a game, means the most valuable prize being offered in the game. scratch and reveal lucky envelope ticket is a ticket which is scratched to reveal numbers, letters or symbols that may entitle the player to a prize. Reprint 2B effective 30 June 2009 Page 31 Charitable and Non-Profit Gaming Rule 1999 Endnotes Endnotes 1 2 3 4 5 6 Index to endnotes Page Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 30 June 2009. Future amendments of the Charitable and Non-Profit Gaming Rule 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 32 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = = Explanation Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified numbered order in council omitted original page paragraph preceding present previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum = = = = = = = = = = = = = = = = = = = = Explanation previously proclamation provision part published Reprint No. [X] Reprints Act 1992 relocated renumbered repealed retrospectively revised edition section schedule subdivision Statutory Instruments Act 1992 Statutory Instruments Regulation 2002 subordinate legislation substituted unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. Amendments to Effective Reprint date 1 1A 1B 1C 2 2A Reprint No. none 1999 SL No. 346 2000 SL No. 132 2000 SL No. 193 2000 SL No. 193 2002 SL No. 90 Amendments included 1 December 1999 24 December 1999 23 June 2000 7 July 2000 7 July 2000 26 April 2002 Effective 1 December 1999 8 February 2000 7 July 2000 21 July 2000 2 November 2001 10 May 2002 Notes 2B 2009 Act No. 19 30 June 2009 Reprint 2B effective 30 June 2009 Page 33 Charitable and Non-Profit Gaming Rule 1999 Endnotes 5 List of legislation Charitable and Non-Profit Gaming Rule 1999 SL No. 298 made by the Minister on 19 November 1999 notfd gaz 26 November 1999 pp 1268­70 ss 1­2 commenced on date of notification remaining provisions commenced 1 December 1999 (see s 2) exp 1 September 2010 (see SIA s 54) Note--The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation-- Charitable and Non-Profit Gaming Amendment Rule (No. 1) 1999 SL No. 346 notfd gaz 24 December 1999 pp 1648­9 commenced on date of notification Charitable and Non-Profit Gaming Amendment Rule (No. 1) 2000 SL No. 132 notfd gaz 23 June 2000 pp 652­4 commenced on date of notification Charitable and Non-Profit Gaming Amendment Rule (No. 2) 2000 SL No. 193 notfd gaz 7 July 2000 pp 857­8 commenced on date of notification Charitable and Non-Profit Gaming Amendment Rule (No. 1) 2002 SL No. 90 notfd gaz 26 April 2002 pp 1540­3 commenced on date of notification Revenue and Other Legislation Amendment Act 2009 No. 19 ss 1, 2(c)(iii), 95 sch 2 date of assent 22 June 2009 ss 1­2 commenced on date of assent remaining provisions commenced 30 June 2009 (see s 2(c)(iii)) 6 List of annotations Tickets to be consecutively numbered s 13 amd 1999 SL No. 346 s 3 Prizes--land s 17 amd 2002 SL No. 90 s 3; 2009 Act No. 19 s 95 sch 2 Prohibited prizes s 22 amd 1999 SL No. 346 s 4; 2002 SL No. 90 s 4 SCHEDULE 2--BINGO Ineligibility to enter s4 amd 2000 SL No. 132 s 3 Page 34 Reprint 2B effective 30 June 2009 Charitable and Non-Profit Gaming Rule 1999 Endnotes SCHEDULE 5--PROMOTIONAL GAMES Entering s2 amd 2000 SL No. 193 s 3 Bingo as a promotional game s7 amd 2002 SL No. 90 s 5 © State of Queensland 2010 Reprint 2B effective 30 June 2009 Page 35