Australian State and Territory requirements for competitions.
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.
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.
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.
*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.
A permit is required if the prize pool is higher than $5,000. These are typically issued within 14 business days.
Note: that 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.
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".
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.
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 email@example.com your terms and conditions for a review.
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.
One last note:
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