Do I Need Trade Promotion Permit?

Trade promotion competitions are free-entry competitions that businesses conduct to promote their goods or services. They can be a great way to increase your customer base and generate excitement for a new product.  However, there are various permits and regulations you must comply with to conduct a trade promotion competition. This brings up an important question: Do I need a trade promotion permit? 

The short answer is, it depends. Each Australian state has distinct rules and regulations governing trade promotions. Therefore, the requirements vary depending on the state where you intend to run your trade promotion. Below is a brief overview of the permit rules for each state. 

 

VIC 

Businesses, charities and community organisations do not need a permit to conduct a trade promotion in Victoria.   

However, even though a permit isn’t required, all trade promotion lotteries in Victoria must comply with the conditions in the Gambling Regulation Act 2003  and Gambling Regulations 2015. 

 

NSW 

In NSW, you must apply for a permit if you are conducting a trade promotion and the total prize value for the promotion exceeds $10,000.  

If the value of your prizes does not exceed $10,000, then you do not need to apply for a permit.  

 

QLD 

In Queensland, a promotional game can be conducted by anyone, without a license or permit, but it must comply with The Charitable and Non-Profit Gaming Act 1999. 

 

SA 

In SA, if the total prize amount in your trade promotion is over $5,000 and you’re not using instant scratch or break open tickets, your promotion will be considered a major trade promotion. In this case, you must apply for a trade promotion license. 

If the total prize amount is under $5,000 and you’re not using instant scratch or break open tickets, your promotion will be considered a minor trade promotion, and you are not required to apply for a license.  

In the event that you are using instant scratch or break open tickets where the number, letter, or symbol is hidden, this will be considered an instant prize trade promotion lottery. Regardless of the prize amount, you must apply for an instant prize trade promotion license. 

 

WA 

Provided you meet the prescribed conditions associated with a trade promotion lottery, you are not required to apply for a permit to operate your competition. Nonetheless, you must still conduct your competition in accordance with these conditions. These conditions can be found in Regulation 36A and Schedule 5 of the Gaming and Wagering Commission Regulations 1988. 

 

TAS 

You do not need to apply for a permit to conduct your trade promotion in Tasmania. However, note that if your trade promotion qualifies as ‘minor gaming’, you must apply for a permit.

 

Key takeaways 

  • Each state in Australia has different rules governing trade promotion competitions.  
  • It is important to identify whether the state in which you plan to run your trade promotion has permit requirements.  

 

 

Gladwin Legal are experts in Trade Promotions and have extensive experience in advising businesses. If you require assistance in understanding your legal obligations please contact us at or 1300 033 934.