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Persons liable for a trade promotion
Persons liable for a trade promotion

This article outlines who is liable when running a trade promotion.

Khris Malatumbaga avatar
Written by Khris Malatumbaga
Updated over 2 years ago

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.

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.

VIC

Gambling Regulation Act 2003

If a permit is issued to a body corporate:

Section 5.7.7(2): A person nominated in the application for the permit and approved by the Commission is liable under this Act as a permit holder.

Section 5.7.7(3): If the permit holder does not have a person who has been approved by the Commission, the directors or members of the committee of management of the permit holder are severally liable under this Act as a permit holder.

Section 5.7.7(7): Nomination and approval by the Commission do not limit the liability of the permit holder under this Act while that person is the nominee.

Therefore nominee and permit holder may both be liable.

ACT

The legislation is unclear on this point

SA

Lotteries Act 2019

In most cases, the person holding the licence is liable. The regulations are unclear on this point, but most likely to be the organisation holder of the licence.

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