Changes to the Victoria Trade Promotion Lottery Legislation and Permit Requirements

Are you planning on running a trade promotion lottery in Victoria? The good news is that you are no longer required to have a permit to undertake a trade promotion lottery in the state of Victoria. Previously a permit was required if the total value of the prize pool of your competition was over $5,000.

Changes from June 2015

From 20 June 2015, in Victoria, a permit is no longer required for trade promotions lotteries whether or not the value of the total prize pool is over $5,000. However you should be aware that any trade promotion lottery must still be conducted in accordance with the Gambling Regulation Act 2003 (Vic) and the Gambling Regulation Regulations 2005 (Vic) even if a permit is not required. You should consult with the Victorian Commission for Gambling and Regulation if you have any concerns in relation to your existing permit or to find about more about any continuing obligations you may have.

You should also ensure that if your competition will be held in another State or Territory that you consult with each relevant regulatory agency to ensure that you are complying with the requirements of that particular state. Your Competition Terms and Conditions should make clear the eligibility requirement for the competition, to ensure that you are not required to meet trade promotion lottery regulations for any other States or Territories. If you are promoting to people in other states and they may enter your competition then you are required to comply with the trade promotion lottery regulations for that State or Territory.

State and Territory Regulations

If you are planning on promoting your trade promotion lottery in other states, the following regulations apply:

In New South Wales and ACT where a trade promotion lottery involves an element of chance, a permit is required whether or not the value of the total prize pool is over $5,000. In South Australia, a permit is required for trade promotion lottery where the value of the total prize pool is over $5,000.

A permit is not required in Tasmania, Queensland or Western Australia to run a trade promotion lottery, however you must comply with the regulations of the relevant State even if a permit is not required.

In NT a permit is required for trade promotions where the value of the total prize pool is over $5,000 however if a permit is provided by another State or Territory, then that will be sufficient to meet the requirements in NT. For example if you have already sought and received a permit in NSW you do not need to get a separate permit for the NT.

Conclusion

If you require assistance in finding out whether a permit is required for your competition or need assistance drafting your Competition Terms and Conditions, then you should speak with an online law solicitor who has experience drafting Competition Terms and Conditions and applying for permits. So if you’re in need of legal advice contact LegalVision on 1300 544 755 and speak with one of our experienced online law solicitors.