A key change in Victoria’s gaming legislation is due to come into effect sometime in 2015.
The Gambling Regulation Act 2003 (the Act) currently requires a permit be obtained to run a game of chance promotion in Victoria, where the total prize pool is $5,000 or more.
The Gambling and Liquor Legislation Further Amendment Act 2014, which received Royal Assent on 9 September 2014, is about to change all that, with the repeal of the sections of the Act which govern when permits are required for games of chance.
Analogous to this, the Victorian regulator (VCGLR) has recently implemented changes to the permit application process. Promoters are now not required to submit either conditions of entry, or a National Police Certificate, when applying for a permit online. This places the onus squarely on promoters to ensure that their conditions of entry dot the i’s and cross the t’s, as the VCGLR no longer reviews them.
While business owners will likely welcome these changes with open arms, it’s important to note that, even when it’s no longer necessary to obtain a permit, the balance of compliance requirements under the Act will remain. This includes the information which must be provided in conditions of entry and on supporting marketing collateral.
Once the amendments to the Act come into effect (mooted to be early to mid 2015), those running national game of chance promotions will only need to consider whether permits are required in NSW, ACT and South Australia.
We’ll monitor developments, and let you know when the changes are due to commence.
In the meantime, if you are considering running a trade promotion, KHQ Approved (our dedicated marketing law team) is ready and available to assist you. We love to talk – mostly about how things can be done. If you need an answer without an invoice, bounce your idea off KHQ Approved. The first bounce is free.
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