Raffle Rules – Tasmania

At Bolsta we pride ourselves on keeping up with the finer details for running raffles throughout Australia. Unfortunately, there are different sets of raffle rules and regulations for every state and territory, which makes it difficult to know exactly what’s required.

The mighty raffle is a trusted powerhouse of fundraising, and it is important to make sure you comply with rules and regulations.

If you live in Tasmania and are wondering what the rules and regulations are for running a raffle, you’re in the right place.

Welcome to our guide on the raffle rules and regulations, where you will learn how to run a raffle in Tassie. In this guide, we walk you through everything you need to know to make sure your raffle is legitimate.

Legislation regarding running a raffle in Tasmania

The Liquor and Gaming Branch and Department of Treasury and Finance oversees raffle compliance in Tassie.

For the legal enthusiasts, there is one key piece of legislation that dictates charitable fundraising and running raffles (lotteries) in Tasmania, are the Gaming Control Regulations 2014, which are based on the Gaming Control Act 1993.

Online Resources

Thankfully, Liquor and Gaming have put together some guidelines, so you don’t have to read through pages of riveting legal jargon. Checkout this detailed guide sheet with lots of useful information regarding raffles.

Tasmanian Raffle Regulations and Requirements

 If accessing the legislation and online resources is not your cup of tea, read on. We have prepared a summary of the key points regarding Tasmania’s raffle regulations for your consideration.

1. Am I allowed to run a raffle?

Your organisation will need to be a not-for-profit, registered with an ABN or ACN, with one or more of the following criteria:

(a) religious purposes;

(b) educational purposes;

(c) benevolent purposes;

(d) welfare purposes;

(e) providing medical treatment or attention;

(f) promoting or encouraging literature, art or science;

(g) establishing, managing, or beautifying a community centre or park or other community premises or place;

(h) recreational or sporting purposes; or

(i) a purpose approved by the Commission generally or in a particular case.

Proceeds from your raffle must be used for one or more of the causes listed above and may not be conducted for any individual or personal gain.

2. Do I require a raffle permit?

If your organisation is running a raffle with prizes that have a value exceeding $5,000, you will be required to apply for a ‘minor gaming permit’. You can apply for a one-year or two-year permit and applications are completed in two stages:

Step 1: Apply for the permit using this link. The application fee (at the time of publication) is $127.50 for a one-year permit or $178.50 for a two-year permit. The fees may change, so be sure to check current fees using this link. The form requires a significant amount of information to be gathered and submitted with the application, so make sure you allow lots of time to complete the application in advance of running the raffle. Use this link to access a full list of the requirements. Good luck.

Step 2: Complete an ‘Individual Activity Notification’ form for each raffle you intend to run that is authorised under your minor gaming permit. Ensure you lodge the notification 14 days before your raffle commences by emailing the form to gaming@treasury.tas.gov.au. This form is much simpler than the minor gaming permit application. You only need the details of the timing of the raffle, prize details and an example of the tickets you will be using.

There is an alternative application method if you are not a Tasmanian organisation but wish to sell raffle tickets there. If you hold a valid permit or authorisation to run a raffle in a different state or territory, you can apply for a ‘Foreign Games Permit’ using this form. The fees are a little steeper at $1,700 (you can check for fee changes here). The Foreign Games Permit will also need to be accompanied by an ‘Associate Application Form’, as well as an ‘Associate Company Application Form’. The forms are quite onerous and are probably only useful if you are running very large ongoing raffles.

3. What sort of prizes can I offer when running a raffle?

Liquor and Gaming will refuse your permit if you offer any of the following prizes:

• Cash prizes with total value exceeding $5,000
• Tobacco products
• Firearms and ammunition
• Dangerous articles within the meaning of the Police Offences Act 1935
• Cosmetic surgery or other similar procedure the main purpose of which is to improve personal appearance

The Tasmanian Liquor and Gaming Commission may require a bank guarantee or a security deposit to the value of the raffle prizes. The deposit would be retained until after verification of the distribution of the prizes.

4. Are there any raffle rules on ticket pricing and sales?

If the total value of prizes for the raffle does not exceed $1,000, then you may offer bonus tickets (ticket bundles) so long as the bonuses remain constant for the duration of the raffle. If the total value of prizes exceeds $1,000, then the ticket price must be fixed, i.e. you may not offer bonus tickets.

The total value of ticket sales must not exceed five (5) times the value of the prizes. For example, if your prizes are worth $2,000, then ticket sales must not exceed $10,000.

5. What are the rules for information on the tickets?

There are clear guidelines regarding the information that must be provided on each raffle ticket. Liquor and Gaming have provided a ‘sample ticket’ all information on the sample ticket must be available on your tickets accordingly.

6 . What are the rules for drawing winners?

• The draw must occur within six (6) months of the commencement of the raffle
• For live draws, an independent person not associated with the organisation must draw the raffle at a venue which is accessible to the public
• If drawing paper tickets, raffle ticket butts must be drawn from a barrel or other large suitable container and there must be sufficient room in the barrel or container for the butts to be mixed freely
• An electronic draw can be conducted so long as an ‘Electronic Draw Method Approval’, form has been included with your application
• You cannot make it necessary for the winner of a prize to be present at the draw in order to claim the prize
• Reverse raffle draws are illegal

7. Are there advertising restrictions around raffles?

There are no specific regulations listed to marketing your raffle, but it’s best to exercise common sense. Other states and territories impose specific rules that may be worth considering:

· Do not target people aged under 18 years old or depict them gambling

· Don’t suggest that the lottery can fix personal or financial problems or to cover expenses

· Don’t imply that the lottery can increase social, sexual or employment opportunities

· Don’t exaggerate the prizes or suggest the chance of winning is better than it really is

· Don’t suggest that someone’s skill means a better chance of winning

· Don’t exaggerate the connection between the lottery and how the proceeds will be used.

If you are going to advertise your raffle, then ensure that you include details such as:

· Your minor gaming permit number

· The nature and value of the prizes to be won

· How to locate a copy of the full terms and conditions

8. Do I need to have a set of Terms & Conditions?

The permit application process in Tasmania does not specifically call for a set of terms and conditions. However, it would be worth your while to complete a set of Ts & Cs with some common information, including:

· Who may participate – age or location restrictions

· How the draw will take place and details for conducting a redraw in the event a winner does not claim their prize

· How winners will be notified

· Privacy policy relating to personal data collected during the raffle

It’s best practice to checkout other raffles to see what they included in their terms and conditions if you would like to add other clauses.

You should also consider the expense of a lawyer if you’re running a large raffle.

9.  Who can buy and sell raffle tickets?

People over the age of 18 may purchase a raffle ticket. Anyone that is associated with the management of the raffle is not permitted to participate in the raffle.

When selling tickets, Tasmania has some well-defined rules to abide by:

· Children under the age of 13 must not sell tickets in any raffle

· Children under the age of 16 must not sell tickets in raffles in which the total retail value of prizes is more than $500

· Raffle tickets must not be sold “door to door”.

· Books of tickets must not be distributed to persons who have not agreed to sell them

10.  What records do I need to keep?

In Tasmania, the following guidelines are provided for record keeping and auditing:

· A proper record of the receipts and payments of the raffle must be kept for a period of seven years after the raffle has been drawn

· The permit holder must ensure the following accurate records are kept:

1. the disposition of funds after the finalisation of the raffle

2. all tickets which have been issued

3. details of the distribution of prizes

4. bank statements clearly identifying all transactions related to the conduct of the raffle

For raffles with a prize value exceeding $10,000, a detailed financial statement of receipts and payments resulting from the conduct of the raffle, certified by the auditor, must be submitted within six (6) weeks of the drawing date of the raffle.

The financial statements must detail:

· a breakdown of income from ticket sales and expenditure, including administration costs

· the number of tickets which are issued for sale

· the number of tickets (if any) which are returned unsold and subsequently reissued for sale

· the number of tickets which are sold by the time of drawing

· a reconciliation of the tickets printed, a reconciliation of the number of tickets issued, a reconciliation of the number of tickets sold with the money received from their sale and an explanation for any discrepancies; and

· steps taken to have missing tickets returned.

Where the total prize value of the lottery is $30,000 or more, the auditor must:

· take reasonable steps to make sure the organisation keeps proper records for the lottery

· audit the tickets and record the number of tickets sold, unsold or lost

· allow enough time for the audit so the organisation can provide a financial statement in line with the lotteries regulations

· complete the auditor’s report attached to the lotteries financial statement.

Also…

Our disclaimer. The information in this article is current at the time of writing. It is intended as a summary and should not be considered comprehensive. We endeavour to keep the content up to date but can’t guarantee that the powers that be have not changed the rules in the meantime. Please contact [email protected], if you have any queries regarding your raffle. We wish you the best of success in your fundraising efforts.

Some additional resources for you

· Learn more about the most common raffle mistakes

· Learn more about the types of raffle prizes that work best

· Learn more about on how to get prizes donated easily

· Download a handy donation request template to help you get donated raffle prizes

· Learn more about different options for raffle ticket pricing

· For more information on terms and conditions, take a look at this article from a legal firm.