It is important to ensure you are compliant when running a trade promotion, some of which require a permit/licence. Failure to obtain the required permit/licence prior to running a trade promotion may result in the following penalties:
NSW
Community Game Act 2018
Section 9(1): A person must not cause to be published any advertisement, notice or other information promoting a gaming activity if the conduct of that activity is prohibited by or under this Act.
Penalty: Max. 50 Penalty units ($5,500)
Community Gaming Regulation 2020
Section 14 & 15: Authority must be obtained to conduct a promotion in NSW with a prize pool greater than $10,000
Penalty: Max. 50 Penalty units ($5,500)
ACT
Lotteries Act 1964
Section 8(1): A person shall not conduct a lottery other than an approved lottery or an exempt lottery.
Penalty: Max. 50 Penalty units ($8,000 for an individual, $40,500 for a
corporation) AND/OR 6 months imprisonment
Section 9: A person shall not print or publish, or cause to permit to be printed or published; OR display, or cause to permit to display, in any public place or in any place that is visible, an advertisement/ sign or notice relating to a lottery other than an approved lottery or an exempt lottery.
Penalty: Max. 10 Penalty units ($1,600 for an individual, $8,100 for a
corporation)
SA
Lotteries Act 2019
Section 10(1): A person must not conduct, or assist in the conduct of, an unlawful lottery.
Penalty: Max. $10,000
Section 12(1): A person must not advertise or promote an unlawful lottery or a proposal for an unlawful lottery.
Penalty: Max. $5,000
*Penalty costs listed are based on penalty unit costs as at 19 July 2022.
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