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When is a scrutineer required for competition draws?

By Sharmila Pamamull, Senior Counsel

28 July 2020

Trade promotion scrutineer

A scrutineer may be required for your competition draw in SA and NSW. No other States in Australia require a draw scrutineer services.

What is a scrutineer?

A scrutineer is an independent person who, except for their role as a scrutineer, is not concerned with the trade promotion either by:

SA REQUIREMENTS

If the value of prizes to be awarded in a draw is $20,000 or more you must have a scrutineer for your draw.

A scrutineer must be either:

NSW REQUIREMENT

The draw must be scrutinised by an independent person if the total value of prizes in the draw is $10,001 or more.

An independent scrutineer is required for activities in which an authority is required (competitions with prize pools over $10,000). The independent person must not be involved with the management, conduct or promotion of the lottery, and must not be a director, partner, employee, contractor, etc of the applicant organisation.

NOTE:

The SA requirement above applies to the prize pool for the draw and NOT the prize pool for your entire promotion. If for example you run a promotion in SA and the total prize pool is $30,000; but there are $5,000 worth of prizes awarded in 1 draw and all other prizes are awarded via an instant win mechanic, then you won’t need a draw scrutineer. However, the NSW requirement above applies to the total prize pool, and therefore any time an authority is required, an independent scrutineer is required.

Think your promotion requires a scrutineer?

Speak to our Lawyers at Promotion Wizard today

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