Trade Promotion Permits: When and why do I need them?
While running a Trade Promotion is exciting and a great way to promote your business, it is important to remember that trade promotions must be free for consumers to enter and also comply with other regulatory requirements.
Each State has their own set of rules and regulations in regard to trade promotion permits so it is important to familiarise yourself with the types of trade promotions and which require a permit or authority.
How do you know if Permits are required for your Trade Promotion?
There are three (3) key details that determine if you will need to apply for a permit.
Type of Competition – You do not need a permit for a Game of Skill. However, dependent on location of competition and prize value, a Game of Chance will.
Prize Value – While each State is different, a permit will be required if it exceeds so many dollars.
Eligibility to Enter – Is it a national or state-based competition?
So, what States require what?
While half of our states and territories don't require a permit, those that do, the requirements vary...
Trade Promotion Legal Requirements
While a Permit is needed as such, an Authority is however required if the total prize value for a single trade promotion exceeds $10,000 (not required if $10,000 or less). If the gaming activity requires an authority, you must notify NSW Fair Trading at least 10 working days before the proposed promotion takes place.
NSW Fair Trading
A permit is required if the total prize value of the Trade Promotion Lottery exceeds $3,000. Exempt Lotteries (<$3,000) must however meet certain conditions.
ACT Gambling and Racing Commission
You must apply for a major trade promotions licence if the prize value exceeds $5,000. However, regardless of the prize amount, you must apply for an instant prize trade promotion licence.
Consumer and Business Services
While a Permit is not required, you must email the trade promotion terms and conditions to the Department of Local Government, Sport, and Cultural Industries (DLGSC).
Department of Local Government, Sport, and Cultural Industries (DLGSC)
Over the last 15 years, Ansible have been engaged by clients such as Seven Network, Network 10, ITV etc. to manage all permit applications that will ensure both the client and Ansible are complying with all regulatory and consumer law requirements. If you want to ensure your competition is legally compliant and just don’t how to get started with all the ‘Legal Bits’, or just don’t have the time to worry about running into any legal issues, then get in touch with one of our trade promotion experts to build a winning strategy today.