Super Simple Guide to Permits
Here’s our super simple guide to permit requirements in Australia.
What’s a ‘Game of Skill’ vs a ‘Game of Chance’?
See our earlier blog answering this very question.
When do I need permits?
If you’re running a game of chance competition in VIC, TAS, QLD or WA a permit is not required.
You may require a permit if the game of chance competition is running in ACT, SA, NSW or NT (subject to state specific regulations).
A permit is required for a game of chance style promotion regardless of the prize/pool value (in NSW or if running nationally in all states).
In ACT, if the total prize pool exceeds $3,000 and the promotion is in print or any media other than online, the Promoter must obtain a permit. If the promotion is only running online, a permit is not required, unless a promotional website or app is hosted in ACT.
Permits are required in SA if the prize pool is over $5,000.
If your game of chance promotion is only running in NT and you don’t have a permit from another state and your prize pool is over $5,000, a permit is required.
How long does it take to get permits?
For national promotions, allow at least 14 days from the day you submit your permit applications to receive approval and permit numbers. Lead times vary by state. We suggest applying for permits as early as possible because if there are any issues that crop up, you may need to resubmit information, change the t&cs or even submit amendments and all these things can take extra time.
You must publish the names of game of chance competition winners on a website or in the relevant media outlet. For national promotions, winners are commonly announced in ‘The Australian’ newspaper.
When do I need a prize draw scrutineer?
If your prize pool is valued at over $10,000, an independent prize draw scrutineer is required by the NSW Government. In SA a scrutineer must oversee a draw if the value of prize pool value is over $20,000. So if you are running a national promotion, a scrutineer is required to oversee the draw with any promotion that prizing is valued at greater than $10,000.
Electronic Prize Draws
If your promotion requires an electronic prize draw, the Promoter must have the drawing system approved in SA via an official application. NSW requires promotion permit holders to obtain an Appraisal Report and Draw Procedure Report. 33 Degrees can assist with arranging draws via a pre-approved drawing system so that you can avoid this hassle.
Displaying Permit Numbers & Terms and Conditions
Any promotions hosted online must have a link to a copy of the full terms and conditions. All printed material must include abridged T&Cs, permit numbers and a reference to where the full T&Cs can be found.
Our super simply guide to permits is just that. Please seek professional legal advice to ensure your promotion is compliant. If you need help obtaining professional legal advice, please contact us and we’d be happy to assist you.