When running a promotion, it is important to follow the conditions set out in your approved permit/licence. Failure to do so may result in the following penalties:
NSW
Community Gaming Regulation 2020
Section 22 (1): A person or body that conducts a gaming activity must ensure that every requirement of Division 2 or 3 that relates to the gaming activity, including the conduct of the gaming activity and the proceeds of the activity, is complied with.
Penalty: Max. 50 Penalty units ($5,500)
Section 22 (2): If a body fails to comply with this clause, each trustee or other person who was a member of the governing body of the body at the time of the offence is guilty of an offence, if the trustee or person knowingly authorised or permitted the failure to comply.
Penalty: Max. 50 Penalty units ($5,500)
VIC
Gambling Regulation Act 2003
Section 5.7.16 (1): 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.
Penalty: 60 Penalty units ($11,095.20) for first offence
Penalty 100 Penalty units ($18,492.00) for second or subsequent offence
Section 5.7.16 (2): A person who is the employer of a person who, in the course of his or her employment, is the holder of a permit to conduct a trade promotion lottery must ensure that the lottery to which the permit relates is conducted in accordance with this Act, the regulations and the conditions of the permit.
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): If approval granted is subject to a condition imposing a requirement or prohibition on the person conducting the lottery, the person shall not contravene that condition.
Penalty: Max. 50 Penalty Units ($8,000 for an individual, $40,500 for a
corporation)
SA
Lotteries Act 2019
Part 3 Section 16(3): In the event of a contravention of, or failure to comply with, a condition of a licence the licensee is guilty of an offence.
Penalty: Max. Penalty: $5,000
*Penalty costs listed are based on penalty unit costs as at 19/07/22.
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