Lotteries
Essential information about how lotteries must be conducted in NSW.
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About the different types of lotteries
There are a number of different types of lotteries, each type of lottery has different rules and requirements for how they must be conducted.
Draw lotteries
Numbered tickets are sold to people and a draw is held in which 1 or more numbers are randomly selected. Prizes are distributed to participants holding the ticket/s with the corresponding numbers.
Draw lotteries can only be conducted to raise funds for, or on behalf of, a charity or non-profit organisation.
The total value of all of prizes must not exceed $30,000.
A minimum 40% of the gross proceeds must be paid to the benefiting charity or non-profit organisation.
No draw lotteries
Commonly known as ‘scratchies’, people buy tickets containing hidden symbols that are revealed by removing or scratching off some covering material. Prizewinning symbols are randomly distributed among the tickets or cards.
No-draw lotteries can only be conducted to raise funds for, or on behalf of, a charity or non-profit organisation.
The total value of all prizes mustn’t exceed $5,000.
The total number of tickets produced or obtained for sale cannot exceed 3,000.
A minimum 40% of the gross proceeds must be paid to the benefiting charity or non-profit organisation.
Mini number lotteries
Also referred to as mini-Lotto, lion-ball, kick-a-ball, make-a-mark and pick-the-pack. Players pay a small entry fee to select six numbers from a possible 20. Six numbers are then drawn by organisers. If a player has correctly chosen all six, they win a prize.
Mini-numbers lotteries can only be conducted to raise funds for, or on behalf of, a charity or non-profit organisation.
The total prize value for one session of mini-numbers lottery mustn’t exceed $20,000.
The total prize value for one session must be at least 50% of the gross proceeds.
A minimum 40% of the gross proceeds must be paid to the benefiting charity or non-profit organisation.
Progressive lotteries
Entrants play a number of draws on various dates over a set period. For example, draws can occur over a number of days or weeks as specified in the rules. The most common types of progressive lotteries are hundred clubs, silver circles and tipping competitions.
Progressive lotteries can be conducted by anyone for any purpose.
There is no prize limit for progressive lotteries. However, the amount of money payable as a prize can’t exceed $7,000. If the total prize value is over $30,000, you will need an authority to conduct the lottery.
Progressive lotteries include tipping competitions.
Tipping competition rules:
The participants predict the outcome or results of a sporting or other contingency, and
points are awarded for successful predictions, and
the prizes are wholly distributed in accordance with the rules of the competition, and
periodical prizes may be awarded (in accordance with the rules of the competition).
Free lotteries
Participation is free and none of the prizes include money. This isn’t a progressive lottery or a trade promotion. Examples include lucky door or lucky seat promotions.
Free lotteries can be conducted by anyone for any purpose.
The total value of all prizes for the lottery must not exceed $30,000.
Participation must be free.
A prize in a free lottery must not include money.
Who can play?
Anyone can play a lottery unless they are:
conducting the gaming activity, including determining who wins a prize
involved in the management of any benefiting organisation
Children can participate unless the rules of the lottery have an age limit.
Is an authority required?
An authority is required to conduct a progressive lottery if the total prize value exceeds $30,000. An authority from NSW Fair Trading is not required to conduct any other type of lottery.
If the lottery is for raising funds for a charitable or non-profit organisation, written authorisation from the benefiting organisation must be provided.
If you are unsure if your lottery requires an authority, you can use the community gaming check tool.
Apply for an authority
An authority can be issued for a selected period of 1, 3 or 5 years allowing multiple promotions to be run under a single authority.
The application fee depends on the duration of the authority.
Durations | Fixed fee | Processing fee | Total fee |
---|---|---|---|
1 year | $124 | $371 | $495 |
3 years | $371 | $371 | $742 |
5 years | $619 | $371 | $990 |
To apply for an authority to conduct a lottery, simply download and complete the application form and submit it to CElottery@customerservice.nsw.gov.au.
Conditions
The above fees include a $371 non-refundable processing fee. If you cancel your authority, this fee will not be refunded.
Fees are for July 2024 - June 2025.
Notification of commencement of gaming activity
If your gaming activity requires an authority, you must provide a copy of the gaming rules to NSW Fair Trading. This must be at least 10 working days before the proposed activity takes place.
Gaming activities cannot commence until notification is to NSW Fair Trading. You can do this by filling out and submitting a Commencement of gaming activity notification form to CElottery@customerservice.nsw.gov.au.
Prizes
Prizes may consist of anything except a prohibited prize.
The following prizes are prohibited:
- a firearm, ammunition, an imitation firearm or other prohibited weapons as defined by the Weapons Prohibition Act 1998
- tobacco, smoking or vaping products
- cosmetic surgery and other procedures falling under Division 1A of Part 3 of the Poisons and Therapeutic Goods Act 1966
- more than 20 litres of liquor where the alcohol is 20% or less by volume or more than 5 litres of liquor where the alcohol content is more than 20% by volume
- any other prize that contravenes any other law of this State or the Commonwealth. For example, Charitable Fundraising Act 1991 (NSW) and Gaming Machines Act 2001 (NSW)
Tickets
Tickets should include:
- the price
- name of the person or organisation conducting the gaming activity
- name of the benefiting organisation (if applicable)
- authority number (if applicable)
Selling tickets
There is no restriction on who can sell tickets in a lottery.
However, ticket sellers must return all ticket butts, unsold tickets and the gross proceeds of ticket sales to the operator before the draw takes place.
Changes to the gaming activity
You, as the operator, can change how the lottery activity is conducted as long as the change means the gaming activity is still conducted fairly and impartially.
You must notify players of the change or make the information publicly available within a reasonable time before the activity takes place.
For progressive lotteries requiring an authority, all substantial changes to rules must be notified to NSW Fair Trading by filling out a Changes to Gaming Activity form and sending it to CElottery@customerservice.nsw.gov.au.
Changes may include:
- prizes or prize value
- the date or method prize winners are determined
- the authority holder
- a significant change in the number of tickets
Ticketing errors
A player's right to a prize isn't affected due to an error in the production of tickets or cards.
Advertising
You must clearly advertise the rules of the lottery. This will enable potential participants make an informed decisions about entering. If you cannot publish the rules in an advertisement or on a ticket, you must state where the rules can be found, such as a website.
Advertising material must not:
- depict children participating in the gaming activity
- suggest that winning will be a definite outcome of participating in the gaming activity
- suggest that participating in the gaming activity will definitely improve a person’s financial prospects
- encourage a breach of the law
If you need an authority for your gaming activity, all advertising material must clearly display the authority number
Administration
Where applicable, the following requirements apply to gaming activities.
Unless participation is free, you may incur reasonable expenses for:
- the cost of producing or obtaining the tickets or cards
- advertising and promotion
- hiring or operating a device, or premises
- the cost of prizes, and prize money
- salaries, wages and commission paid to persons assisting in the conduct of the gaming activity
- auditing accounts relating to the gaming activity
- other amounts that, under an authority, a person or organisation is permitted to deduct from money received in connection with the gaming activity.
Commission and other payments can be paid except from funds received from conducting a progressive or mini-numbers lottery. Exemptions for commissions or remuneration apply if:
- the commission or payment for services rendered is in connection with the activity; and
- it is provided under a written agreement with the person/body conducting the gaming activity; and
- the agreement specifies the services to be rendered, the commission/payment to be provided and the term of the agreement
No payment may be made as a salary, wage, fee, commission, percentage or other benefit to anyone who conducts a progressive or mini-numbers lottery.
You must deposit proceeds from your gaming activity into an account at an authorised deposit-taking institution no later than 2 business days after the money is received.
Appropriate records must be kept for a period the operator thinks fit.
Records may include:
- all expenses incurred
- the date on or period during which the gaming activity was conducted
- the date on which prize winners were determined and announced
- prizes and total prize value offered
- gross proceeds
- proceeds paid to the benefiting organisation (if applicable) and the ratio of those proceeds to the gross proceeds received, expressed as a percentage
- if practicable, the names and contact details of prize winners and prizes won.
For progressive lotteries with a prize value exceeding $30,000, additional records must be kept including:
- all income and expenses including related assets and liabilities
- the total amount of money (including donations) received from participants
- number of tickets printed, obtained or generated (if applicable)
- number of tickets sold or distributed for sale (if applicable)
- the number of unsold tickets (if applicable)
- the names and contact details of all persons who bought tickets
However, records aren’t required for a progressive lottery where the total amount received from ticket sales is less than $10,000, and the gross proceeds are wholly applied towards prizes or returned to players in accordance with the rules.
If the annual gross proceeds of a gaming activity exceed $250,000, accounts must be audited by a qualified auditor. This includes accounts that relate to receipts and expenses.
NSW Fair Trading Community gaming
Have a question about a community gaming activity?
You can contact NSW Fair Trading.