In Australia, any trade promotion involving a game of chance
(for example lotteries or sweepstakes) is subject to State and
Territory lotteries legislation, regulating such matters as
requirements for permit registration, the conduct of the draw,
publication of winners and prescribed information to be included in
advertising of the promotion. Currently, permits are required in 4
of the 8 States and Territories, including Victoria and South
Australia for lotteries with a total prize value of AU$5001 or
more, and in New South Wales and the Australian Capital Territory
for all lotteries irrespective of the total prize value.
Currently, Victoria has one of the most onerous regimes for
overseas entities conducting a national trade promotion in
Australia. For example, permit applicants are required to specify a
"nominee" who commits to being legally and personally
responsible for the conduct of the promotion. A nominee must be an
Australian resident approved by the Victorian permit office.
However, the Gambling and Liquor Legislation Further Amendment Bill
2014, which has been recently passed and assented to, effectively
removes the requirement for trade promotion lottery permits in
Victoria, subject to the trade promotion being conducted in
accordance with the conditions set out in the regulations. It is
yet to be seen how the conditions will be amended but it is likely
that the requirement for a "nominee" will be removed
given that permits will no longer be required. A further update
will follow once the conditions have been amended and
The changes are not likely to take effect until 1 August 2015,
and permits for games of chance will still be required in Victoria
until then. Permits for games of chance continue to be required in
South Australia, New South Wales and Australian Capital
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The issue of recording telephone calls was recently considered in the Federal Court in Furnari v Ziegert  FCA 1080.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).