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FACT SHEET

Raffles
What is a raffle? Can prizes be money? Quick facts
A raffle is a lottery where the total value Yes – but the total amount of money • Conducted for the purpose of
of prizes does not exceed $30,000. prizes (excluding spending money) raising funds for a non-profit
cannot exceed $30,000. organisation
Prizes are determined by a draw of
tickets or marbles from a barrel or If a money prize exceeds $2,000, the • No permit is required
other receptacle, or by an electronic organiser must pay to the prize-winner
device (often called a random the amount as exceeds $2,000 by • Total retail value of prizes capped
number generator). a crossed cheque payable to the at $30,000
prizewinner or, if the prizewinner so • Total value of money prizes
Who can benefit from holding a requests, by electronic funds transfer capped at $30,000
(EFT) to an account nominated by the
raffle? prize-winner. • Spending money with a travel
A raffle can only be conducted to raise prize capped at 20% of the value
funds for a not-for-profit organisation. of the prize
What prizes are allowed?
A not-for-profit organisation is a body • Tickets must be numbered
Prizes can consist of or include anything
of persons that is not formed for private consecutively
except a prohibited prize.
gain – eg. charities, sporting clubs, • Expenses (including prizes)
social clubs, registered clubs, political Prizes can be goods, wares, merchandise,
capped at 60% of the gross
parties, trade unions and incorporated services, vouchers for goods or services
proceeds
associations. that are not redeemable for money,
tickets for admission to entertainment,
Is a permit required?
and tickets (with spending money) for What expenses can be incurred?
tours or journeys.
Reasonable expenses can include:
No – a permit is not required for a raffle.
Spending money can be given as part
of a travel prize eg: tour or journey – • purchase of the prize or prizes
But the raffle organiser must comply
with the Lotteries and Art Unions provided it does not exceed 20% of the • purchase of the tickets
Act 1901 and the Lotteries and Art total value of the travel prize.
• hiring or operating any device used as
Unions Regulation 2014. This fact sheet
a draw receptacle
outlines the applicable requirements and What prizes are prohibited?
best practice. • renting premises for the raffle
The following are prohibited prizes:
If a raffle is conducted for raising • advertising and promoting the raffle
funds for a charity, an authority • money prizes over $30,000
• auditing the raffle accounts and
under the Charitable Fundraising • tobacco products other records
Act 1991 may be required. If you
are unsure, please contact us at • firearms or ammunition • salaries, wages or commission payable
charities.inquiries@olgr.nsw.gov.au • prohibited weapons to organisers.

• cosmetic surgery or other procedure Remuneration or a commission is not


What is the maximum value designed to improve personal allowed if the total value of prizes is
of prizes? appearance $10,000 or less.

The total retail value of prizes must not • liquor prizes – more than 20 litres If the total value of prizes exceeds
exceed $30,000. of liquor with an alcohol content not $10,000, remuneration or a commission
exceeding 20% by volume or more is allowed - but can only be paid to
If the total value of prizes exceeds a person for services rendered in
$30,000, see our Art Unions fact sheet. than 5 litres of liquor with an alcohol
content exceeding 20% by volume. connection with the raffle if there is a
written agreement between that person
and the benefiting organisation.

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Raffles

The agreement must specify the service No ticket should be sold except for Quick facts
to be rendered; the remuneration or the advertised value of the ticket, or
commission to be provided; and the for some other consideration which is The offer of perishable items such
period of the agreement. equivalent to the value. as green groceries, meat and fish as
prizes is regulated under the Food
If the benefiting organisation holds It is acceptable to sell tickets at a
Act 2003.
a fundraising authority under the discount, but only if this is fully disclosed
Charitable Fundraising Act 1991, in all information made available Such prizes must satisfy the same
the agreement must specify other to purchasers, and is offered to all requirements that apply to food sold
requirements as stipulated by conditions purchasers consistently. through normal retail outlets. These
imposed on that organisation’s include:
fundraising authority. If unsure, check Is there a maximum number of • the manner of handling and
with us.
tickets that can be sold? packaging the food
No. • the manner of labelling packages
What are the maximum
of food
allowable expenses?
What is the format of tickets? • the temperature at which food
Total allowable expenses (including the must be kept.
cost of prizes in a raffle) must not exceed Tickets must consist of a purchaser’s
60% of the gross proceeds of the raffle. portion and a ticket butt. However, if Contact NSW Health for more
computer-generated tickets are used, information.
a ticket-butt is not required if the
How much should the benefiting computer records for a ticket contain
Fish prizes must also comply with
organisation receive? the same information as the purchaser’s
the Fisheries Management Act
1994 and the Fisheries Act 1935. A
The benefiting organisation should portion of the ticket.
special permit is required.
receive at least 40% of the gross The purchaser’s portion of the ticket
proceeds of the raffle. Contact the Department of Primary
must always include the same serial
Industries for more information.
If the raffle does not achieve the number as the ticket-butt. If the total
required minimum of 40% profit, value of the prizes exceeds $10,000, the
the raffle organisers must apply purchaser’s portion must also include How should ticket sales be
the price of the ticket and the full name
to us for approval to accept the managed?
percentage achieved. of the benefiting organisation. A ‘rubber
stamp’ imprint containing these details A raffle must be conducted fairly.
The application must explain the unusual is acceptable.
and unexpected circumstances that A procedure must be adopted which
resulted in the <40% outcome. Ticket-butts must be numbered ensures that tickets are secure,
consecutively in the same series as the distributed on a purely random basis,
ticket. If the total value of the prizes and are not able to be manipulated.
Is there a maximum price exceeds $10,000, ticket-butts must also
per ticket? Raffle organisers cannot send tickets to
contain space for the name and contact any person except with the prior consent
No. Whatever price is considered details of the purchaser to be written. of the person, even if the person is a
reasonable can be charged. However, member of the organisation conducting
when deciding the selling price of the raffle. This applies even if the person
tickets, raffle organisers must weigh up is to purchase the ticket or is to act as
the potential number of tickets that can agent for the sale of the tickets.
be sold and the requirement to achieve a
profit of 40% or more. Organisers can send letters, notices, etc
to people asking them to buy tickets in
The selling price must be applied the raffle. However, tickets must not be
consistently to all tickets sold.

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Raffles

included with letters, notices etc unless This should include the following: How should the draw be
the recipient has consented beforehand. conducted?
Machinery or electrical appliances – the
If organisers intend to sell tickets make, model and accessories Every person who has purchased a ticket
in a street or public place in a local in a raffle must have a fair and equal
Motor vehicles – the make, model,
government area, written permission chance of winning every prize in the
accessories, and whether registration
from the local council may be required. raffle when drawn.
and on-road costs are included
Check with the local council.
Travel – the number of persons Raffle organisers cannot impose a
If the total value of the prizes is greater condition requiring a ticket-holder to be
entitled to take advantage of the travel
than $10,000, the person selling the present at the draw to claim a prize in
prize; what is included (e.g. air fares,
ticket must at point of sale record the raffle.
transfers, other transport, duration,
the name and contact details of the
accommodation standard, meals); All prizes must be distributed by the
purchaser legibly on the ticket-butt (or, if
restrictions on when the travel must be drawing of ticket-butts or numbered
it is a computer-generated ticket, record
taken; and whether spending money marbles from a barrel or other suitable
these details in the computer database).
is included. container. The receptacle should be large
Tickets for liquor prizes cannot be sold enough to allow all butts or marbles to
by or to a person under 18. Also, a Are there advertising be included and mixed freely.
person under 18 cannot give or collect a
liquor prize.
restrictions? An electronic drawing machine may be
Yes. A raffle organiser must not publish, used, if the program used to draw the
or cause to be published, any lottery numbers is in fact random, and every
How should a raffle be number entered into the draw has a
advertising that:
advertised or promoted? fair and equal chance of being drawn. If
• encourages a breach of the law unsure, contact the supplier.
In advertising and promotion materials,
purchasers must be informed: • depicts children participating in If more than one prize is offered, the
a raffle major prize should be the first drawn.
• of the price of the ticket
• is false, misleading or deceptive Then the other prizes should be drawn
• of the name of the organisation for in descending order according to number
whose benefit the raffle is being • suggests that winning will be a and value.
conducted definite outcome of entering or
participating in a raffle Sellers of tickets must return to the
• of details of the prizes and their organisers all ticket-butts (or appropriate
recommended retail value • suggests that entering or participating computer-generated document) relating
in a raffle will definitely improve a to tickets sold by them, the proceeds
• of the place, date and time of
person’s financial prospects of sales, and all unsold tickets issued to
the draw
• is not conducted in accordance with them before the date fixed for the draw
• how prize-winners will be notified of the prizes or at any earlier date that
decency, dignity and good taste.
• how the results of the draw will the organisers may require.
‘Publish’ includes disseminate in any
be publicised. If a ticket is not included in the draw, the
way, whether by oral, visual, written or
It is acceptable for this information other means – eg. cinema, video, radio, organisers must use best endeavours
to be provided on the ticket, and not television or the Internet. to refund the price to the ticket owner
elsewhere. within 7 days after the draw is held.
Advertising or other publicity
Tickets and any advertising or must not state or imply that the The draw should be conducted at the
promotional material used in conjunction raffle is authorised or approved place, date and time shown in any
with the raffle must give a detailed by the Government or by any information provided to purchasers.
description of the prizes. government agency.

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Raffles

If a ticket purchaser or other person After receiving written approval from us, Banking of Proceeds
wants to attend the draw, the organisers the prize must be sold and the proceeds
should facilitate this. of sale deposited to the organisation that Organisers must deposit all money
the raffle was conducted for. received into an account at a financial
institution that belongs to the benefiting
Can the draw be postponed? organisation. This should occur as soon
Yes, if ticket sales are low. Organisers
What records must be kept? as practicable, preferably within 2 days
should advertise the new draw date, Proper and prudent records must exist. after it is received.
time and place in a local newspaper, This means keeping all receipts, invoices If the benefiting organisation holds
or in point-of-sale material, or on a and other records concerning costs and a fundraising authority under the
website, so that ticket purchasers are outgoings, and payments received as Charitable Fundraising Act 1991,
fully informed. The notice should give payments for tickets. additional record-keeping requirements
reason(s) for the postponed draw. may apply. Check with us, if unsure.
If the total value of the prizes is $10,000
or less, the organisers must keep a
How should the results of the record of the total amount of money How long must records be kept?
draw be notified? received from the sale of raffle tickets
and the value of the prizes. Ticket-butts, draw documents and
Organisers should notify prize-winners corresponding computer-generated
within 2 days of the draw. If the total If the total value of prizes is more than documents must be kept for at least
value of the prizes exceeds $10,000, $10,000 the organisers should also keep 3 months after the date of the draw at
organisers must publish a list of a record of: which winners are determined.
prize-winners in a newspaper within • the number of tickets printed, If the total value of prizes is greater than
7 days of the draw. obtained or generated (including $10,000, all records including unsold
serial numbers) tickets must be kept for at least 3 years
What if a prize is unclaimed? • the number of tickets sold or after the date of the draw.
If despite every reasonable effort distributed for sale (including
organisers cannot contact a prizewinner, serial numbers) Is a financial return required?
the organisers must retain the prize for
• the name and address of each agent No. However, the benefitting
3 months after the draw.
of the person or organisation to which organisation must ensure that its
However, if a prize is perishable (eg draw lottery tickets were distributed financial statements detail the gross
a tray of meat or other perishable for sale, together with the number proceeds and expenses of raffles.
food), the prize can be sold or of tickets distributed and the serial
otherwise disposed of in a way that will numbers
Who is responsible?
immediately bring a reasonable price.
• the names and contact details of
The money realised (after deducting The promoter or organisers are
all persons who bought tickets
the reasonable costs of sale or disposal) responsible for the proper management
(as shown on the ticket-butts or
must be held in trust for the winner of and conduct of a raffle.
computer records)
the prize. A subcommittee can be elected from
• the names and contact details of
If any prize is unclaimed after 3 months, within the benefiting organisation to be
the prize winners, together with the
organisers should send us a letter setting the organising committee. Alternatively,
details of their prizes
out full details of the steps taken to the benefiting organisation can authorise
contact the winner and to deliver the • the number of tickets unsold persons outside the organisation to
prize, and seeking permission to sell (including their serial numbers). conduct the raffle on its behalf. Where
the prize. a committee or outside people conduct
the raffle, the management committee
of the benefiting organisation should
satisfy itself as to the good standing and
competence of the organisers.

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The benefiting organisation should


introduce adequate controls to oversight This guide is designed to provide
the organisers, including: accurate and authoritative
information in regard to the subject
• insisting on reports matter covered, and with the
understanding that the NSW Office
• ratifying all expenses and of Liquor, Gaming & Racing, part
prizes awarded of NSW Trade & Investment, is
not passing legal opinion or other
• having full access to records professional advice. If you require
and registers a more detailed understanding of the
legislation, it is recommended that
• ensuring financial records are audited you contact a specialist advisor.
• exercising proper internal controls The law governing the conduct of
this lottery or game of chance is the
over the purchase, sale and Lotteries and Art Unions Act 1901
safekeeping of tickets including and the Lotteries and Art Unions
unsold tickets. Regulation 2014. Online access
to the legislation is available at
www.legislation.nsw.gov.au
Can the records be inspected?
Yes, by our authorised staff or
police officers.

Do penalties apply?
Yes. There are penalties for conducting
a raffle contrary to requirements,
including:
• failing to award the winner the prize
• conducting the raffle fraudulently
• misappropriating funds or prizes
• making false statements
• failing to keep books and records
• awarding prohibited prizes
• unlawful advertising
• hindering or obstructing authorised
officers or police.

Level 6, 323 Castlereagh St, Haymarket NSW 2000


GPO Box 7060, Sydney NSW 2001
www.olgr.nsw.gov.au June 2015 5 of 5

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