From 20 June 2015, changes in legislation mean that businesses no longer need to apply for, and pay to receive, a permit for a trade promotion lottery in Victoria.
This will take some of the heartache out of running a game of chance promotion, however permits are still required in:
- NSW and the ACT, regardless of the total prize pool;
- South Australia, if the total prize pool is more than $5,000; and
- in the Northern Territory if the total prize pool is more than $5,000 and no permits have been issued in other states.
In Victoria, as in other states, the conduct of a lottery will still be regulated and must comply with certain conditions including those relating to the method of the draw, the information to be provided to consumers and the awarding of prizes. In Victoria alone penalties for non-compliance are $9,100 for first time offenders and $15,167 for repeat offenders.
Key takeouts
It is still important to draft the terms and conditions of your competition carefully as well as the related advertising collateral. Truth in advertising principles, privacy and spam laws will usually be relevant as well as the various trade promotion regulations in each state.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
