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Trade Promotion Permits in Australia

By Sharmila Pamamull, Senior Counsel

27 July 2020

In Australia, whether or not you need a permit to run a trade promotion will vary depending on the prize pool you are offering and the state in which you are running the promotion.

Here is a break down of when you will and will not need a permit to run a trade promotion:

Game of Skill – Permit NOT required


A permit is not required for a game of skill promotion. A game of skill is where there is an application of judging involved in determining the winner. E.g. requiring an entrant to answer a judgeable question or post a photo, and assessing answers/photo on creative merit to determine the winner.

Game of Chance – Permit or NSW Authority MAY BE required

A trade promotion permit or authority is generally required when there is chance involved in determining the winner.

For a standard game of chance promotion (e.g. draw, instant win mechanic), permits may be required in SA, ACT, and NT, and an authority may be required in NSW, depending on where the promotion is conducted and the prize pool (as outlined below)

VIC/TAS/QLD/WA

No trade promotion permit is required to run a promotion in VIC, TAS, QLD or WA.

NSW

An authority is required to conduct a game of chance promotion in NSW if the prize pool is over $10,000.

A business can apply for a 1, 3 or 5 year authority, which will cover all promotions with a prize pool over $10K. There is no maximum prize pool limit.

To run a promotion with a prize pool over $10K under an authority, the promotion terms and conditions must be submitted to NSW Fair Trading via the portal at least 10 days before the start date.

No permit is required to conduct a game of skill promotion in NSW.

ACT

A permit is required to conduct a game of chance promotion in ACT if the prize pool if over $3,000.

If the promotion is only open to employees of your business and there is no external advertising of the promotion then no permit is required in ACT.

If the promotion is a game of skill then no permit is required.

SA

If your game of chance promotion has a total prize pool nationally of over $5,000 OR it involves a printed scratch and win card (regardless of the prize pool) then a permit is required in SA.

If you run a game of skill promotion in SA, then no permit will be required.

NT

If you are running a game of chance promotion in NT you will require a permit if the prize pool is over $5,000 AND you are not obtaining a permit in any other States. If you are running a national promotion, you will usually require a permit in NSW and no permit will therefore be required in NT.

If you run a game of skill promotion in NT, then no permit will be required.

Need help organising a permit for your promotion?

Speak to our lawyers at Promotion Wizard

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