It’s official: trade promotion permits no longer required in Victoria

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Posted By on 25/10/15 at 1:55 PM

Back in January this year, we blogged on the new Gambling and Liquor Legislation Further Amendment Act 2014, which heralded the end of trade promotion permits in Victoria (amongst other changes). Read our 5 January blog, if you want a refresher.

The VCGLR has announced that from 20 June 2015, permits will no longer be required to conduct trade promotion lotteries in Victoria.

Yeehaw! So I can do whatever I want … right?

Not quite. Although permits are no longer needed, you must still comply with both the Gambling Act 2003 and Gambling Regulations 2015. In short, your trade promotion lottery terms and conditions must include the following:

  • details regarding how to enter;
  • details regarding entry requirements (including restrictions);
  • start and closing dates;
  • when and where the lottery will be drawn (date, time and location);
  • details and values of all prizes;
  • how winners will be notified;
  • details of the newspaper, journal or website in which winners’ names will be announced (if required); and
  • details of any additional purpose that the personal information collected from participants will be used for.

If the promotion is being conducted with ‘scratch and win’, cards the following also needs to be included in the terms and conditions:

  • the maximum number of tickets being issued;
  • the total number of prizes and their individual value; and
  • that printing errors and other quality control matters will not be used as a reason for refusing payment of prizes.

It’s great news that permits are no longer needed. But don’t be tempted to ignore the above requirements. Failure to comply with gaming legislation can attract fines of $8,800 or more. Ouch.

What if I’ve already filed a permit application?

If you have an application pending, with a commencement date post 20 June 2015, the application will be returned, together with the application fee.

Similarly, if you have already received a permit for a promotion that commences post 20 June 2015, you can apply for a refund of your permit fee.

Want more information?

Call us on (03) 9663 9877 if you have any questions, or need help running a trade promotion in VIC. Or anywhere else for that matter!

Naomi Stephens Paralegal

Naomi is a paralegal in the Competition Law & Regulatory Compliance team, focusing on marketing activations, advertising review and trade promotions compliance.  She joined KHQ after having spent... Read More