Australian State and Territory requirements for competitions.
Contents:
What are they?
Each State and Territory in Australia has different legal requirements surrounding competitions and promotions. Nationwide promotions are subject to individual State and Territory laws.
Typically, some form of submission is required for ACT, SA, NSW, WA, and NT; however, this depends on the prize pool. TAS, QLD, and VIC do not require permits, but they do have specific rules that have to be followed. These rules are similar (but not identical) between the locations, so it is a good idea to familiarise yourself with the rules within your jurisdiction/s.
Read on for further details.
Please note that the information and advice that Komo provides regarding permits, terms and conditions, privacy policies, or any other matter of this nature is of a general basis only, and we suggest you seek your own legal advice specific to your needs.
If you have any questions on State or Territory law, please contact a lawyer in the jurisdiction.
Click here to access the most up-to-date information.
Click here to access T&Cs templates.
Game of Skill vs. Game of Chance
When planning a competition, there are two types of games you need to consider: Games of skill and games of chance. These competitions have different rules and regulations.
A game of skill is any competition that does not use a random draw for the winner. On the Komo Platform, an example of a game of skill would be Live Trivia, Live Trivia, or a Quiz. A game of skill does not require a competition permit.
A game of chance is any competition where a prize winner is chosen at random. On the Komo Platform, an example of a game of chance would be Spin to Win, Scratch and Win or Watch to Win. A game of chance will require a competition permit in some states and territories, depending on the value of prizes.
Regulations by State & Territory
Queensland
- You do not require any permits for competitions (whether games of skill or chance) in Queensland.
New South Wales
- From 1 July 2020, NSW only requires a permit if the prize pool is greater than $10,000.
- The permit is now called an authority. The authority is issued to the promoter for 1, 3, or 5 years. The promoter can then run as many promotions as they like during the duration of the authority.
- For each promotion that is run under the authority, you must apply for a "notification of trade promotion".
- Read more about NSW permits here.
This involves submitting an application (including compliant T&Cs) at least 3 business days before the promotion commences. There is no government fee for this submission. NSW requires that the prize draw occur using a system that is compliant with NSW regulations. If the prize draw is higher than $10,000, an independent scrutineer must attend the prize draw.
Note: Prize draw system www.randomdraws.com.au is registered in NSW.
Victoria
- You do not require any permits for competitions (whether games of skill or chance) in Victoria.
Western Australia
- Terms & Conditions are required to be submitted for review, regardless of the prize pool.
- WA does not issue a permit, although they do reply with feedback if they see an issue with the terms and conditions.
- Submission must occur prior to the competition being promoted. They do not charge a fee, simply email rgl@rgl.wa.gov.au your terms and conditions for a review.
- Western Australia also has prescribed conditions for competitions, that you can read about here.
South Australia
- A permit is required if the prize pool is higher than $5,000. These are typically issued within 14 business days.
- Read more about South Australia's prescribed conditions here.
Note: If the competition is an "instant win" promotion, a permit is required regardless of the prize pool. SA requires that the prize draw occurs using a system that is registered in SA. If the prize draw is $20,000 or higher, an independent scrutineer must attend the prize draw.
What is classified as an “instant win”? The entrant receives a message straight after entering to tell them whether they win or not. Like a scratch card or the equivalent online.
Prize draw system www.randomdraws.com.au is registered in SA.
ACT
- A permit is required* if the prize pool is greater than $3,000. The ACT will normally issue the permit within 3 to 7 business days.
- You can read more about ACT permits here.
*When the determination of the prize winner involves skill only (i.e. no element of chance is involved), approval is not required. In this context, "skill" means any competition that involves a decision or input by the participant, such as guessing a sound or number or weight.
Northern Territory
- A permit is required if the prize pool is greater than $5,000 and a permit has not been obtained via another state. For national promotions, a NT permit is never required.
- Read more about permits in the Northern Territory here.
Tasmania
- You do not require permits for competitions (whether games of skill or chance) in Tasmania when they comply with prescribed conditions.
- You can read out about these conditions here.
FAQ
How much does a competition permit cost?
This varies per state, and can be checked at the various links provided above.
How do I apply for a permit?
Each state varies as to their permit application process, but all involve completing a form for review.
How long should I allow for a permit to be issued?
We recommend allowing 28 days for your permit to be issued, so this should be factored into your campaign prep time.
How long do permits last?
Usually 12 months, however, this does differ slightly from state to state. Please read the hyperlinked documentation relevant to your jurisdiction.
One last note:
At Komo, we pride ourselves on not only the results our clients achieve with us but the service they receive whilst bringing their hubs to life.
If you ever have any questions about an upcoming activation, how you can best utilize Komo to get the best possible outcome or just a general query, please don't hesitate to reach out to your Customer Success Specialist or email us at support@komo.tech
We also love your feedback, so please let us know if this article helped you by selecting from the options below.
Louis Docherty
Head of Customer Success