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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:

  • Managing, conducting, or promoting the competition, or;
  • A director, an employee, is otherwise employed by or contracted to the business who as a result of the promotion is benefiting trade or business the promoter, or an associated company, business or agency.

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:

  • a commissioner for taking affidavits in the Supreme Court
  • a justice of the peace
  • a notary public
  • any other person authorised to take declarations under the Oaths Act 1936 (includes solicitors)
  • a person authorised by the minister to be a scrutineer
  • on the Commonwealth Government's prescribed list of persons authorised to witness and sign statutory declarations.

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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