Quick View:
NATIONAL
Yes, a scrutineer is required if the total prize pool of your promotion is MORE THAN $10,000.
NSW
An independent scrutineer is required for activities in which an authority is required (competitions with prize pools over $10,000).
SA
Required if the total value of prizes in a single draw is $30,000 OR MORE.
VIC, ACT, NT, QLD, TAS and WA
No scrutineer requirements apply.
Detailed Breakdown:
NATIONAL
Requirements outlined below for NSW and SA apply.
NSW (required if total prize pool for the promotion > $10,000)
An independent person. I.e. a person not involved with the Promoter or the conduct/administration of the Promotion. The person does not need to have any official title (e.g. does not need to be a justice of the peace, scrutineer, etc).
SA (required if total draw pool is > or = $30,000)
A scrutineer must be an independent person and 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
a person authorised by the minister to be a scrutineer
on the Australian Government Attorney-General's list of authorised witnesses for statutory declarations.
Documents Required: SA has confirmed to our office verbally that no form needs to be completed by the scrutineer. However, it is prudent to have the scrutineer sign a letter confirming they have scrutineered a draw at the date/time/location and include the name of promotion and promoter and the scrutineer's title (e.g. justice of the peace). This may then be provided to SA Business and Consumer Services if they ever request proof that a scrutineer was present at the draw.
Other States/Territories
All other States/Territories do not have any scrutineer requirements.
Our office does provide the option to conduct draws and provide a scrutineer. Please select these services when completing the Promotion Wizard form if required.