Timmy Dooley (Fianna Fail) | Oireachtas source

I move amendment No. 14:

In page 74, between lines 2 and 3, to insert the following:

“Gambling activities

91. (1) Notwithstanding section 65, a person may provide a game or lottery without a gambling licence where—

(a) the game or lottery is a broadcast competition in accordance with subsection (6),

(b) persons are not required to make a payment to participate in the game or lottery,

(c) there is no additional payment required only of the winner to obtain the winnings, and

(d) the winnings are paid out within a period of 6 months from the first date on which persons are invited to participate in the game or lottery concerned.

(2) An exempt broadcast competition is deemed not to be a relevant gambling activity for the purposes of this Act.

(3) For the purposes of section 91(1)(b), a reference to making a payment does not include a reference to incurring the expense, at a normal rate, of—

(a) sending a letter by ordinary post,

(b) making a telephone call, or

(c) using any other method of communication.

(4) For the purpose of section 91(3)—

(a) a “normal rate” is a rate which does not reflect the opportunity to enter a lottery, and

(b) ordinary post means ordinary first-class or second-class post (without special arrangements for delivery).

(5) For the purposes of section 91(1)(b), a person shall be treated as not being required to make a payment to participate in the game or lottery if—

(a) each individual who is eligible to participate has a choice whether to participate by paying or by sending a communication,

(b) the communication mentioned in paragraph (a) may be—

(i) a letter sent by ordinary post, or

(ii) another method of communication which is neither more expensive nor less convenient than entering the lottery by paying,

(c) the choice is publicised in such a way as to be likely to come to the attention of each individual who proposes to participate, and

(d) the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication.

(6) In this section—

“broadcast competition” means a game or lottery conducted by a licensed broadcaster in connection with its editorial broadcast activities;

“exempt broadcast competition” means a broadcast competition that may be provided without a gambling licence in accordance with subsection (1);

“licensed broadcaster” means a person providing a sound broadcasting service in accordance with section 59 and section 63 of the Broadcasting Act 2009 or in accordance with Part 7 (Chapters 1 and 2) of the Broadcasting Act 2009.”.