Gambling and lottery systems are usually presented as business opportunities or investments. Misleading or scam advertisements usually share the same warning signs or characteristics. Check advertisements that:. Example 1 : Lotto to win! I am a senior and have been playing Lotto for over 11 years. Want to do the same? Call Example 2 : The best job in town! Love Sport Love Money? Gambling advertisements. Advertising and marketing your business Building trade advertisements.
Business opportunity advertisements. Motor dealer advertisements. The method, date, time and place of the redraw must be stated in the terms and conditions of the lottery. Prizes unclaimed for more than 3 months after the date of the draw must be surrendered to the Director of Licensing. 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 a second hand motor vehicle, the prize winner must be given the following documents for the motor vehicle:.
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. 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. 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. 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:. 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.
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.
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.
However, for the ACT and NSW, skill competitions may include judges who are qualified in a field relevant to the event or competition but this is not obligatory. As a general rule, prizes awarded must be as described in their marketing communications, pursuant to Australian Consumer Law otherwise the business could be found guilty of deceptive and misleading conduct. In general, if a prize involves travel, all relevant information must be included in the terms of entry eg destination, class of travel, name of accommodation, duration etc.
Where participants are under the age of 18 years, an application must not include any unlawful or inappropriate prizes eg liquor products, tobacco products or dangerous goods, will not be approved. The below list includes prohibited prizes in all States and Territories except for Tasmania additional prohibitions specific to each state and territory are listed below.
Where a lottery is being conducted on the premises of a hotel excluding general bar licenses , registered club or a casino, it is a condition of a permit that cash prizes cannot be awarded between pm and am the next day. The full prize amount can be paid in this manner, if desired. It is not prohibited for participants to purchase liquor to enter the lottery or to be given by the trader as a prize in the lottery. The fee to apply for a trade permit will depend on the prize value.
A permit must be obtained from the Office of Liquor, Gaming and Racing. These are the fees as at 21 December and are subject to change. No fee is required to obtain the permit. A permit is not required but the promotion must comply with the WA blanket permit conditions see here.
For multiple lottery permits, the types of contests, promotions, prize giveaways, etc. For States and Territories which require permits, including New South Wales, Western Australia, Northern Territory and the Australian Capital Territory, weeks should be allowed from the finalization of terms and conditions to commencement of promotion since the permit approval process can take up to a few weeks.
The ACL applies nationally and in all States and Territories, promoting fair trading and the protection of consumer rights and interests. The three key elements of the ACL are:. If a term is found to be unfair, it is void and unenforceable. The maximum pecuniary penalty which can be awarded is currently the larger of:.
The Privacy Commissioner is responsible for the enforcement of the Privacy Act and will investigate an act or practice if the act or practice may be an interference with the privacy of an individual and a complaint about the act or practice has been made. Generally, the Privacy Commissioner prefers mediated outcomes between the complainant and the relevant organization.
Importantly, where the Privacy Commissioner undertakes an investigation of a complaint which is not settled, it is required to ensure that the results of that investigation are publicly available. Currently, this is undertaken by disclosure through the Office of the Australian Information Commissioner website of the entire investigation report.
The Privacy Commissioner may also investigate any 'interferences with the privacy of an individual' i. If a party does not comply with a permit issued by the Office of Liquor, Gaming and Racing, the Office can take a range of actions, including:.
Penalties also apply for offences against the Lotteries and Art Unions Act, including severe penalties for serious offences such as misappropriation of funds or prizes or fraudulent conduct. Depending on the nature of the non-compliance and the findings of any investigations by the director, the outcome could include directions being issued by the director to either:. Serious breaches of the act or regulations may result in severe penalties, including fines and imprisonment.
There are various penalty provisions in the Charitable and Non-Profit Gaming Act, including failure to comply with the rules of the promotion and failing to comply with various record-keeping requirements. Penalties may be imposed under the Lottery and Gaming Act and Regulations. Penalties may be imposed for breaching the Gaming Control Act , noting that trade promotions are not regulated.
Monetary penalties apply for breaches of the Gambling Regulation Act. Other disciplinary action may also be taken, including suspension or withdrawal of the trade promotion permit. Various penalties apply for breaching Western Australian trade promotions regulations.
For example, monetary penalties apply for:. The Australian laws in relation to trade promotions and games of chance are State and Territory based and as a result care must be taken to ensure compliance if a promotion is to be run nationally.
With the Australian States that have stringent rules surrounding trade promotions, powers exist for government officers to investigate concerns. If the incident is not a repeated occurrence, it would appear that imprisonment is an unlikely sanction.
Usually, a fine is imposed which ranges depending on the gravity of the crime. Can a prize promotion be run where there is an element of chance in the selection of the winner? Prize promotions around the world Download the full handbook Download current countries. Last modified 21 Dec Prize promotions based on skill are permitted in all Australian States and Territories. Please see below further requirements particular to each state and territory. Australian Capital Territory When the determination of the prize winner involves skill only i.
New South Wales A permit is not required for a game of skill whereby the winners are determined by qualified or expert judges, the decision is judged against set criteria and there is no element of chance involved. Northern Territory A permit is not required if the promotion involves a game of skill which has no element of chance.
However, guessing competitions are considered to be games of chance. Tasmania A permit is not required if the promotion is a game of skill which has no element of chance. Victoria A game of skill with no element of chance is not regulated and therefore the Gambling Regulation Act VIC would not apply.
Western Australia A game of skill with no element of chance is not regulated and therefore the Gaming and Wagering Commission Act WA would not apply. Australian Capital Territory A permit is required if the promotion involves distribution of prizes determined by any means that includes an element of chance or a mixture of skill and chance, and entry must be free.
Each entry must have an equal probability of winning the major prize. Queensland No permit is required but the promotion must comply with certain requirements if it is a game of chance. A person is not eligible to enter if the person is: A member of the management committee of the eligible association conducting the art union; or Directly engaged in conducting the draw of the art union; or The eligible association conducting the art union; or A member of the immediate family of a person mentioned in 1 or 2.
Tasmania No permit or approval is required for trade promotions. However, if making a purchase is necessary to enter a trade promotion, the following conditions apply: the cost of the goods or services must not exceed the prevailing market price; and determination of the market price lies with the Commission.
Victoria No permit or approval is required. Western Australia A permit is not required if the trade promotion lottery complies with the terms and conditions of the blanket permit published on the Department of Racing, Gaming and Liquor's website see here. 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. Where a computerized system is used to decide the winners of prizes including a device used in connection with a 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.
Notifications of winners and publication The results must be available within 7 days of the determination of the prize winners, if requested. Redraw All prizes in the lottery must be distributed or allocated as approved. Australian Capital Territory All winners must be notified directly, by written means email, mail, fax or SMS within 21 days of the results. 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.
South Australia A participant cannot be restricted to winning only one prize if they are permitted to submit multiple entries. 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.
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.
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