28 July 2020
Sharmila Pamamull
Senior Counsel
An electronic random draw is a draw conducted via a computer or another electronic method (e.g. google random generator, an online random drawing system, etc). This is opposed to a manual draw which is conducted by hand selecting a printed entry from a barrel/hat/container.
We have indicated below the requirements for electronic draws in Australia.
South Australia previously required approval of any electronic draw. Since the introduction of the Lotteries Regulations 2021, electronic draws are now permitted and do not require SA Ministerial approval. However, they must be drawn by way of a random number generator that draws a winner at random.
Similarly, in NSW there is no longer a requirement to obtain approval or independent reports for electronic draw systems.
Under s100B of the Charitable and Non-Profit Gaming Act 1999 a system used to conduct a draw electronically must be approved by the QLD Office of Liquor and Gaming Regulation. However, it is our understand that they are not strictly enforcing this requirements and proceeding without formal approval would be low risk.
No approval of an electronic drawing system is required in any other States.
We recommend you have our office conduct any draw for your promotion. This ensures the draw is conducted in line with the terms on the required date(s)/time(s) and avoids potential penalties if you conduct a draw later or fail to/forget to conduct a draw.
Plexus Promotion Wizard offers end-to-end legal support for competitions & promotions. Custom T&Cs and the right permits without any hassles, 90% faster and half the cost of traditional legal firms.
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