There are different rules across each of Australia’s States and Territories for when you do and don’t need a permit to run a consumer promotion. Promotions open to all Australian residents generally need to comply with the requirements in every State and Territory.

Here’s a quick guide to the different State and Territory requirements.

These requirements only apply if your promotion is a game of chance, or a combination of a game of skill and game of chance.  The legislation generally doesn’t apply to games of skill, or where winners are judged against fixed criteria.

New South Wales

• A permit is required for all trade promotions, regardless of prize value.
• Electronic drawing systems used to draw winners must be checked by an independent person before a draw is carried out.
• A scrutineer must be used where a prize draw’s value is more than $10,000.
• Multiple draw permits (blanket permits) are available.

ACT

• A permit is required for all trade promotions, regardless of prize value.
• Blanket permits are available.

Victoria

• From 20 June 2015, permits are no longer required for trade promotions in Victoria.
• Even though a permit is no longer required, trade promotions in Victoria must be run in accordance with the Victorian laws.

South Australia

• Permits are only required where the total prize pool is greater than $5,000, except for instant win promotions, where a permit is required regardless of the total prize pool value.
• Regardless of the prize value, trade promotions that SA residents can enter must be run in accordance with the South Australian rules.  (There are slightly different rules for prize pools greater than $5000 and prize pools less than $5000.)
• Electronic drawing systems used to draw winners must be approved by the SA permit authority before being used.
• A scrutineer must be used where a prize draw’s value is more than $20,000.

Western Australia

• No permit is required to run a trade promotion lottery.
• Trade promotion lotteries that WA residents can enter must comply with the WA rules.

Queensland

• No permit is required to run a trade promotion lottery.
• Trade promotion lotteries which Queensland residents can enter must comply with the Queensland permit rules.

Tasmania

• No permit is required to run a trade promotion lottery.

Northern Territory

• A permit is only required if the total prize pool is greater than $5,000.
• A separate permit is not required in Northern Territory if the Promoter has obtained a permit from any other State or Territory permit authority.
• Trade promotion lotteries that Northern Territory residents can enter must comply with the Northern Territory rules.

All States and Territories require trade promotion advertising to feature short form terms and conditions.  The exact contents requiredvfor these terms vary between each State and Territory.

Note this information is a guide only and is not intended to replace legal advice tailored to your own circumstances.  Contact us if you would like to discuss how the various State and Territory requirements apply to your promotion.