In Australia, any trade promotion involving a game of chance (for example lotteries or sweepstakes) is subject to State and Territory lotteries legislation, regulating such matters as requirements for permit registration, the conduct of the draw, publication of winners and prescribed information to be included in advertising of the promotion. Currently, permits are required in 4 of the 8 States and Territories, including Victoria and South Australia for lotteries with a total prize value of AU$5001 or more, and in New South Wales and the Australian Capital Territory for all lotteries irrespective of the total prize value.

Currently, Victoria has one of the most onerous regimes for overseas entities conducting a national trade promotion in Australia. For example, permit applicants are required to specify a "nominee" who commits to being legally and personally responsible for the conduct of the promotion. A nominee must be an Australian resident approved by the Victorian permit office. However, the Gambling and Liquor Legislation Further Amendment Bill 2014, which has been recently passed and assented to, effectively removes the requirement for trade promotion lottery permits in Victoria, subject to the trade promotion being conducted in accordance with the conditions set out in the regulations. It is yet to be seen how the conditions will be amended but it is likely that the requirement for a "nominee" will be removed given that permits will no longer be required. A further update will follow once the conditions have been amended and published.

The changes are not likely to take effect until 1 August 2015, and permits for games of chance will still be required in Victoria until then. Permits for games of chance continue to be required in South Australia, New South Wales and Australian Capital Territory.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.