§ 9 — Meanings of “lottery” and associated expressions

9.—(1) For the purpose of any provision of this Act, “lottery” means an arrangement or a scheme, competition or device, which may or may not involve multiple participants, for the distribution of prizes where —(a)

entitlement to participate in the arrangement, scheme, competition or device depends on —(i)

the payment of or giving of any money or money equivalent or any thing else of value by the participant; or

(ii)

the attendance or other qualification of the participant, without payment; and

(b)

the distribution depends, at any stage of the arrangement, scheme, competition or device, on an element of chance (even if the arrangement, scheme, competition or device, in some other respects, involves a genuine or purported exercise of skill),

and includes lucky draws, raffles and sweepstakes, and any transaction by way of gambling that is classified under the Regulations as a lottery, but does not include any arrangement or scheme, competition or device that is specified or described by the Minister, by order in the Gazette, not to be a lottery for the purposes of this Act.

(2) For the purposes of subsection (1), a reference to paying includes a reference to paying for goods or services at a price or rate which reflects the opportunity to participate in an arrangement or a scheme, competition or device.

(3) For the purposes of this Act, a lottery may be determined by any means including —(a)

by lot or drawing;

(b)

by cards, token, coin or dice; or

(c)

by any machine, electronic process, ticket, envelope or device.

(4) A process which requires persons to exercise skill must be treated for the purposes of this section as relying wholly on chance if —(a)

the requirement cannot reasonably be expected to prevent a significant proportion of persons who participate in the arrangement of which the process forms part from receiving a prize; and

(b)

the requirement cannot reasonably be expected to prevent a significant proportion of persons who wish to participate in that arrangement from doing so.

(5) However, any allotment of real or personal estate or interest which according to law is legally allottable, or may be allotted or held by, or by means of, any allotment or partition by lots, is not a lottery for the purposes of any provision of this Act.

—(1) For the purpose of any provision of this Act, “lottery” means an arrangement or a scheme, competition or device, which may or may not involve multiple participants, for the distribution of prizes where —(a)

entitlement to participate in the arrangement, scheme, competition or device depends on —(i)

the payment of or giving of any money or money equivalent or any thing else of value by the participant; or

(ii)

the attendance or other qualification of the participant, without payment; and

(b)

the distribution depends, at any stage of the arrangement, scheme, competition or device, on an element of chance (even if the arrangement, scheme, competition or device, in some other respects, involves a genuine or purported exercise of skill),

and includes lucky draws, raffles and sweepstakes, and any transaction by way of gambling that is classified under the Regulations as a lottery, but does not include any arrangement or scheme, competition or device that is specified or described by the Minister, by order in the Gazette, not to be a lottery for the purposes of this Act.

(2) For the purposes of subsection (1), a reference to paying includes a reference to paying for goods or services at a price or rate which reflects the opportunity to participate in an arrangement or a scheme, competition or device.

(3) For the purposes of this Act, a lottery may be determined by any means including —(a)

by lot or drawing;

(b)

by cards, token, coin or dice; or

(c)

by any machine, electronic process, ticket, envelope or device.

(4) A process which requires persons to exercise skill must be treated for the purposes of this section as relying wholly on chance if —(a)

the requirement cannot reasonably be expected to prevent a significant proportion of persons who participate in the arrangement of which the process forms part from receiving a prize; and

(b)

the requirement cannot reasonably be expected to prevent a significant proportion of persons who wish to participate in that arrangement from doing so.

(5) However, any allotment of real or personal estate or interest which according to law is legally allottable, or may be allotted or held by, or by means of, any allotment or partition by lots, is not a lottery for the purposes of any provision of this Act.