There are slightly different requirements in different States and Territories. We have considered these different requirements for each State and Territory and prepared below a high watermark list of the requirements. There are also a small number of requirements which are specific to certain States and Territories and these follow at the end of the common high watermark requirements.
Conduct of draw
The draw must occur within 12 months of the issue date of the permit unless approval has been provided by the relevant authority.
The determination of the winner must be undertaken in a transparent manner with each participant having an equal chance of winning the competition.
If more than one prize is being determined at a draw, the major prize must be drawn first unless winning entries of lesser prizes are eligible to be redrawn.
Winning must not be contingent on the participant being present at the drawing of the lottery except for lucky-badge draws. It is acceptable to offer bonus prizes if the winner is present as long as the bonus prize does not exceed the value of the base or initial prize.
Where a computerized system is used to decide the winners of prizes (including a device used in connection with a 190-telephone service, an SMS telephone facility, an MMS telephone facility or the Internet) the permit holder must obtain two reports:
- Appraisal Report; and
- Draw Procedure Report.
For trade promotion lotteries involving instant win prizes, additional conditions are required to be met, including printing and lodging requirements.
Notifications of winners and publication
The results must be available within 7 days of the determination of the prize winners, if requested.
The name and address of each winner of a prize valued at over $250 (approx. US$173) must be published within 30 days of the draw:
-
published within 30 days of the draw;
-
in a newspaper circulating generally throughout the State;
-
if the lottery has only been advertised in a particular magazine, newspaper, newsletter or other publication (whether electronic or otherwise) or on a particular website, in that magazine, newspaper, newsletter or other publication or on that website;
-
if entry in the lottery is only permitted on a particular website, on that particular website; and/or
-
on the internet for a minimum period of 28 days.
Redraw
All prizes in the lottery must be distributed or allocated as approved.
If, despite every reasonable effort, a prize-winner cannot be contacted, the prize must be retained for 3 months after the draw. At the end of 3 months, if the prize remains unclaimed, the promoter should write to the relevant authority body requesting approval for a redraw.
However, if a prize is perishable (for example, a meat tray), the prize may be sold or otherwise disposed of in a way that the entity considers will bring a reasonable price. The money realized (after deducting the reasonable costs of sale or disposal) must be held in trust by the entity or the organization for the winner of the unclaimed prize.
Australian Capital Territory
All winners must be notified directly, by written means (email, mail, fax or SMS) within 21 days of the results.
The method, date, time and place of the redraw must be stated in the terms and conditions of the lottery.
New South Wales
For prizes worth more than A$10,000 (approx. US$6,926), the draw and the announcement of the prize winner(s) must be scrutinized by an independent person unless otherwise approved by the Department (unless the promotion involves an instant win).
Northern Territory
Prizes unclaimed for more than 3 months after the date of the draw must be surrendered to the Director of Licensing.
The names of the major prize winners must be published in a local or a national newspaper.
Queensland
If a prize is an antique, a gem, memorabilia or a work of art the prize winner must be given a current written market valuation from an appropriate valuer for the antique, gem, memorabilia or work of art.
If a prize is an animal, the prize winner must be given:
- A certificate from a veterinary surgeon about the distinguishing characteristics and markings, health and physical condition of the animal; and
- A current written market valuation from an appropriate valuer for the animal.
If a prize is a second hand motor vehicle, the prize winner must be given the following documents for the motor vehicle:
- A current certificate of road worthiness;
- A current written market valuation from an appropriate valuer;
- A warranty for a period of three months after the day it is delivered to the winner; and
- A security interest certificate under the Motor Vehicles Securities Act 1986.
If a prize is a thing, other than a motor vehicle, that is second hand, the prize winner must be given a current written market valuation from an appropriate valuer for the prize.
An existing prize with a value of more than A$5,000 (approx. US$3,463) must be insured against loss or damage for an amount equal to its current valuation for the period from when tickets for the art union go on sale to the day the prize is delivered to the winner.
If the prize is not claimed within one year the eligible association may apply the prize or its sale proceeds to the association's purposes.
South Australia
A participant cannot be restricted to winning only one prize if they are permitted to submit multiple entries.
The participants in a trade promotion lottery cannot be required to be present at the drawing of a trade promotion lottery in order to win a prize. Therefore, a prize cannot 'jackpot' if the winner is not present or a redraw conducted because the winner is not present.
If a prize is not delivered to its winner at the time the lottery is drawn, the winner must, within 14 days of the draw, be notified in writing of the prize he or she has won and the particulars of how the prize is to be delivered or collected.
Under the Regulations, a minor trade promotion lottery must not be drawn electronically unless the system has been approved by the Minister.
A scrutineer is required to attend a draw where the total value of all prizes (nationally) in the draw equals or exceeds A$20,000 (approx. US$13,852).
Tasmania
There must be no cost of entry, though it may be a condition of entry that goods or services must first be purchased in order to participate. If making a purchase is necessary to enter a trade promotion:
- The cost of the goods or services must not exceed the prevailing market price; and
- Determination of the market price lies with the Department of Liquor and Gaming and Department of Treasury and Finance.
If in doubt as to whether the amount charged exceeds the market price, details may be submitted to the Department for determination. If it is determined that the amount being charged exceeds the market price of the goods or services, the scheme would be deemed a lottery and would be unlawful.
Victoria
The winners of prizes must be advised in writing of the prize.
The winner of a prize must not incur a cost to accept a prize (other than a trivial cost).
The prize must be paid or transferred to the winner within 28 days after the draw.
A prize may only be substituted if the substituted prize is of the same or greater value than the original prize and the winner either agrees in writing, or the original prize is unavailable due to circumstances beyond the control of the person conducting the trade promotion lottery and reasonable attempts are made to reach agreement with the winner that are unsuccessful.
Western Australia
The draw must be conducted within one month of the closure of the lottery.
Where practicable, members of the public must be afforded the opportunity to witness the draw.
Where not practicable, audit records confirming the prize draw must be made available to an authorised officer of the Gaming and Wagering Commission or a Police Officer upon request.
All advertising must provide a description of the prizes and must contain the terms of the lottery or direct contestants to where the terms can be found.
Last modified 21 Dec 2018
