Penalties for failure to include all trade promotion lottery legislative requirements in your terms and conditions are listed below:
NSW
Community Gaming Regulation 2020
Section 25 (1): includes details for the gaming activity that must be included in the terms and conditions.
Section 26 (1): Sets out the requirements for the rules being made available.
Maximum penalty—50 penalty units ($5,500).
VIC
Gambling Regulation Act 2003 and Gambling Regulation Regulations 2005
Section 56 (4)–(9): Prescribed conditions include various requirements in relation to the products/services being promoted, publication of winners, requirements for winners to be present at a draw, identifying winners and requirements for scratch cards.
Section 5.7.16 (1) of the Act: A person must not conduct, or assist in the conduct of, a trade promotion lottery other than in accordance with this Act, the regulations and the conditions, if any, of the permit authorising the lottery.
Investigation and/or Disciplinary Action (see below)
Penalty: 60 Penalty units ($11,095.20) for first offence
Penalty 100 Penalty units ($18,492.00) for second or subsequent offence
ACT
Lotteries Act 1964
Section 8(2): All lotteries are to comply with the ”conditions” issued by the ACT Gambling and Racing Commission.
Section 7(3) allows the Commission, in their discretion, power grant or refuse approval of an application.
SA
Lotteries Regulations 2021
Regulation 29(2): If a person who conducts a trade promotion lottery on behalf of a trader fails to comply with the trade promotion lottery rules set out in Schedule 5, Schedule 11 or Schedule 12 (as the case requires), the trader is guilty of an offence.
Maximum penalty: $2 500
Schedules 5, 11 and 12 sets out the requirements for the conduct of trade promotions.
*Fines listed above are based on penalty unit costs as at 19/07/22.
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