State-by-State Permit Requirements

New South Wales (NSW)

Permit Necessity & Prize Thresholds: In NSW, businesses must obtain an "Authority to Conduct a Trade Promotion Lottery" if the total prize value for a single game of chance promotion exceeds $10,000 and the promotion is open to NSW residents. Games of skill do not require this authority.

Specific Permit/Authority Name: The required approval is known as a Trade Promotion Authority or Trade Promotion Gaming Authority. This authority can be granted for a period of 1, 3, or 5 years, allowing the holder to conduct multiple promotions exceeding the $10,000 threshold during its validity without needing to reapply for the authority itself each time. This multi-year authority system offers a strategic advantage for businesses that frequently conduct high-value promotions, potentially streamlining administrative efforts and costs over time. However, the obligation to notify NSW Fair Trading at least 10 business days prior to each specific promotion (with prizes >$10,000) conducted under that authority remains.

Key Conditions for Businesses:

• Entry must be free, although conditioning entry on the purchase of goods or services at their normal retail value is permitted.
• The promotion must genuinely promote the goods or services of the business.
• Prohibited prizes include firearms, ammunition, imitation firearms, other prohibited weapons as defined by the Weapons Prohibition Act 1998, and tobacco, smoking, or vaping products.
• For any promotion conducted under a valid authority where the total prize value exceeds $10,000, the terms and conditions of that specific promotion must be submitted to NSW Fair Trading at least 10 business days before its commencement date.
• Individuals involved in conducting the trade promotion, including determining winners, or those involved in the management of any business benefiting from the promotion, are prohibited from participating.
• Specific rules apply to the handling of unclaimed prizes; if not detailed in the promotion's terms and conditions for an authorized activity, prizes must be kept for at least 3 months before a new winner may be chosen.
• Advertising materials must not be misleading, depict children participating in the gaming activity (unless an age limit is set and appropriate), suggest that winning is a definite outcome, or imply that participation will definitely improve a person's financial prospects.
• If a promotion is conducted on behalf of another business (e.g., by a marketing agency for a client), written consent from the benefiting business is required.

Regulatory Body: NSW Fair Trading.

Contact: Phone: 02 9895 0111 (select option 1, then ask for the trade promotions lottery department) ; Email: CElottery@finance.nsw.gov.au. An alternative general contact number is 13 32 20.

Application Process Overview:

• Applications for a Trade Promotion Authority are made online.
• The application portal for an authority is: https://tponline.onegov.nsw.gov.au/tp-form.
• The portal for notifying NSW Fair Trading of a specific promotion (>$10,000 prize value) to be run under an existing authority is: https://tponline.onegov.nsw.gov.au/ntp-form.
• The application requires details of the promotion (for notification) or business (for authority), an email contact, written consent from the benefiting business if the applicant is a third party, and payment of the relevant fee.

Australian Capital Territory (ACT)

Permit Necessity & Prize Thresholds: A Trade Promotion Lottery Permit is required in the ACT to conduct a game of chance if the total prize pool available to ACT residents exceeds $3,000. Promotions classified as games of skill do not require a permit.

Exemptions: A permit is not required if the promotion is exclusively open to employees of a business or members of an association, provided there is no external advertising. Additionally, if the total prize value is $3,000 or less, the promotion may be considered an "Exempt Lottery," subject to specific conditions but not requiring a formal permit. A permit is necessary if the promotion is conducted via a website hosted in the ACT or is advertised in the ACT through channels other than the website itself (e.g., local print or radio).

Specific Permit/Authority Name: Trade Promotion Lottery Permit.

Key Conditions for Businesses:

• The terms and conditions for the promotional activity must be drafted, finalized, and then submitted to the ACT Gambling and Racing Commission for review and approval. The permit is issued once approval is granted.
• Winners must be notified in writing within 21 days of the winner determination.
• For prizes valued at $1,000 or more, winner details must be published in a newspaper or another publication approved by the ACT lottery department, such as on the promoter's website.
• An unclaimed prize draw is required if prizes are not claimed from the initial draw.
• Prohibited prizes include tobacco products. If alcohol is offered as a prize, specific information regarding the responsible consumption of alcohol must be included in the terms and conditions, and entry must be restricted to individuals aged 18 years or over.
• All records relating to the promotional activity, including entry forms and purchase receipts, must be retained for a 12-month period.

Regulatory Body: ACT Gambling and Racing Commission.

Contact: Phone: (02) 6207 0263 or (02) 6207 0361 ; Email: lotteries@act.gov.au.

Application Process Overview:

• Applications are lodged via an online Smart Form.
• The application link is: https://form.act.gov.au/smartforms/servlet/SmartForm.html?formCode=1093.
• As noted, terms and conditions must be submitted for review and approval as part of this process.

South Australia (SA)

Permit Necessity & Prize Thresholds: In SA, a Trade Promotion Lottery Licence is required if a game of chance promotion has a total national prize pool exceeding $5,000. This "national prize pool" trigger is a key distinction from many other states that focus on prize values available to their own residents or total prize pools if conducted solely within that state. Consequently, SA frequently requires permits for national campaigns even if the SA-specific prize component is below $5,000. Furthermore, a licence is always required if the promotion involves printed "scratch and win" or "break-open" tickets, irrespective of the total prize value. This specific rule for scratch and win mechanics highlights closer regulatory oversight for this type of promotion. Games of skill do not require a permit.

Specific Permit/Authority Name: Trade Promotion Lottery Licence. This can be for a "Major Trade Promotion" (prize pool >$5,000, no instant tickets) or an "Instant Prize Trade Promotion" (using scratch/break-open tickets).

Key Conditions for Businesses:

• Entry must be free, though purchase of goods or services at their normal retail value as a condition of entry is allowed.
• The cost of entry by phone must not exceed 50 cents (plus GST and any mobile charges) or 55 cents for landlines. Entry by post must not exceed the normal cost of postage.
• Winners must be determined by lot, draw, or chance. If an electronic drawing system is used, it must be an approved random number generator.
• Prohibited prizes include tobacco products, firearms, certain other weapons, cosmetic surgery, and goods or services that are illegal to sell in SA.
• Advertising materials for major trade promotions must include the licence number, details on how to enter, the nature and value of prizes, and how to obtain full terms and conditions. Similar requirements apply to instant prize lotteries. Advertising must not be misleading or inappropriately target minors.
• Draws must be conducted on the stated day, time, and place, supervised by the promoter/trader, and in front of any ticket holders who wish to be present. An independent scrutineer is required if the total prize value exceeds $30,000.
• Winners not present at the draw must be notified in writing. Winners of prizes valued over $250 must have their initial, last name, and postcode published within 30 days of the draw in the location specified in the T&Cs.
• Records such as ticket butts and entry forms must be kept for at least three months after the draw.

Regulatory Body: Consumer and Business Services (CBS).

Contact: Phone: 131 882 (select options 1, then 2, then 1) ; Email: lotterylicensing@agd.sa.gov.au or lotterylicensing@sa.gov.au.

Application Process Overview:

• An "Application for a Major or Instant Prize Trade Promotion" form must be submitted.
• The online application portal is: https://secure.cbs.sa.gov.au/TradePromotion/?redirect.
• The application typically requires a unique title for the lottery, contact details for the applicant and trader, a copy of the terms and conditions, the proposed entry form, proposed advertising materials, details of any incentives to enter, and the prescribed licence fee.

Northern Territory (NT)

Permit Necessity & Prize Thresholds: A Permit to Conduct a Trade Lottery is required in the NT for a game of chance if the total prize pool is over $5,000, unless the promoter is already obtaining a permit for the same national promotion in another Australian state or territory. This deference to other state permits for national campaigns is a key feature of NT's system. No permit is required for games of skill, or for "minor trade lotteries" where the total prize value is $5,000 or less.

Specific Permit/Authority Name: Permit to Conduct a Trade Lottery.

Key Conditions for Businesses:

• Entry must be free, though it can be conditional on purchasing goods or services.
• Each entry must have an equal chance of winning the major prize.
• Prohibited prizes include liquor as a principal prize, firearms, weapons, ammunition, explosives, and tobacco products. Prizes that are restricted by law to persons over 18 years (e.g., alcohol) must not be awarded to individuals under 18.
• Entry forms and promotional material must clearly state the terms and conditions, permit number (if applicable), promotion period, draw date, details of how winners are determined, and how winners will be notified.
• If prizes are subject to restrictions or conditions (e.g., travel prizes), the term 'conditions apply' must be clearly displayed.
• Employees of the business conducting the promotion and their family members are typically not permitted to participate.
• The names of major prize winners must be published in a local or national newspaper.
• Full records relating to the lottery (including entries, prizes, publication of winners, and evidence of prizes being awarded) must be kept for at least 2 years.
• Unclaimed non-perishable prizes after 3 months must be surrendered to the Director of Gaming Control.

Regulatory Body: Licensing NT / Director of Gaming Control.

Contact: Phone: (08) 8999 5511 or 08 8982 1700, or the toll-free number 1800 193 111 ; Email: glsadministration.dob@nt.gov.au or territorybusinesscentre@nt.gov.au.

Application Process Overview:

• The application process is manual. A prescribed application form (available in DOCX and PDF formats) must be completed and submitted in person, by email, or by post to a Territory Business Centre.
• The general webpage for trade lottery applications where forms are usually found is: https://nt.gov.au/industry/gambling/gambling/lotteries-community-gambling/apply-to-run-a-trade-lottery.
• The application requires comprehensive details about the applicant, the firm promoting the lottery, the lottery itself (name, dates, distribution points, entry method, draw details), prize descriptions and values, terms and conditions, and copies of advertising materials.

Victoria (VIC)

Permit Necessity & Prize Thresholds: Businesses are not required to obtain a trade promotion permit to conduct game of chance promotions in Victoria, regardless of the prize value.

Specific Permit/Authority Name: Not applicable for trade promotions conducted by businesses.

Key Conditions for Businesses:

• Despite no permit requirement, all trade promotion lotteries must strictly comply with the conditions set out in the Gambling Regulation Act 2003 and the Gambling Regulations 2015.
• Entry must be free. However, entry can be conditional on purchasing a product or service at its normal retail value.
• Any expenses incurred per entry (e.g., cost of a phone call, SMS, or postage) must not exceed $1, including GST.
• The method of draw must ensure that each ticket in the draw has a random and equal chance of being drawn.
• All essential information about the competition, including eligibility requirements, closing date, draw date and location (if applicable), and how winners' names will be published, must be clearly communicated and easily accessible to entrants.
• Winners of all prizes valued over $1,000 must have their names published, either in a newspaper circulating generally in Victoria, on the internet for a minimum period of 28 days, or in the publication where the lottery was solely advertised.
• Prize winners must be advised in writing, and the prize must be paid or transferred to the winner within 28 days after the draw.
• Certain records must be kept for a 3-year period after the lottery is finalized.
• Prohibited prizes generally include tobacco products, firearms, weapons, ammunition, explosives, and cosmetic surgery. If alcohol is offered as a prize and the competition is open to entrants under 18, specific restrictions apply.

Regulatory Body: Victorian Gambling and Casino Control Commission (VGCCC).

Contact: Phone: 1300 182 457.

Application Process Overview: Not applicable for trade promotions conducted by businesses.

Queensland (QLD)

Permit Necessity & Prize Thresholds: Businesses are not required to obtain a permit to conduct "Category 4 promotional games" in Queensland. These are defined as games of chance conducted to promote goods or services where entry is free.

Specific Permit/Authority Name: Not applicable for Category 4 promotional games conducted by businesses.

Key Conditions for Businesses (Category 4 Promotional Games):

• Entry into the promotional game must be free. If entry is conditional upon the purchase of goods or services, these must be sold at no more than their fair market value.
• If entry involves a cost (e.g., phone call, postage), this cost must not exceed specified limits (e.g., a phone call cost should not be more than 55 cents, and standard postage rates apply). The person conducting the promotional game must not directly or indirectly receive any part of this entry cost.
• Comprehensive terms and conditions must be readily available to entrants and must include: the name of the person conducting the promotion, eligibility requirements, a description and the retail value of each prize, the closing and drawing dates, the order in which prizes will be drawn (if not in descending order of value), how prize winners will be notified, whether results will be published (and how), and conditions regarding jackpots or redraws if the winning player is not present.
• Prohibited prizes include tobacco products, surgery, weapons or ammunition, any other item restricted by State or Commonwealth legislation, and tickets or chances in games not approved under a gaming act.
• Minors (persons under 18 years) cannot enter a promotional game if the prize includes alcohol or a gaming product.
• Draws must ensure each player has a fair and equal chance of winning the major prize. The major prize must be drawn first, followed by other prizes in descending order of number and value, unless an alternative order is specified in the terms and conditions. The draw must occur on the specified date or within one year of the game's commencement.
• A redraw for unclaimed prizes is mandatory in Queensland. This must generally occur 3 months after the original draw, but an earlier date can be set if specified in the terms and conditions.
• General gaming records must be kept for five years.

Regulatory Body: Office of Liquor and Gaming Regulation (OLGR).

Contact: Phone: 13 QGOV (13 74 68) ; Email: OLGRlicensing@justice.qld.gov.au or gamingcompliance@justice.qld.gov.au.

Application Process Overview: Not applicable for Category 4 promotional games conducted by businesses.

Western Australia (WA)

Permit Necessity & Prize Thresholds: Generally, commercial businesses are not required to apply for a formal permit to conduct "promotional contests of chance" (trade promotion lotteries) in Western Australia, provided they strictly adhere to a set of prescribed conditions.

Specific Permit/Authority Name: Not applicable for commercial businesses if all prescribed conditions for deemed approval are met.

Key Conditions for Businesses (for deemed approval):

• Promotions must comply with the Gaming and Wagering Commission Act 1987 (Section 102) and the Gaming and Wagering Commission Regulations 1988 (Regulation 36A and Schedule 5).
• Entry must be free. If entry is conditional on purchasing goods or services, these must be at their normal cost, with no inflation for lottery participation. There must always be a "no purchase required" method to enter.
• If entry is via telephone or other electronic medium, the cost must not exceed 55 cents. For internet entry, there should be no cost to the participant to register other than standard internet access fees.
• Prizes must not consist of or include cosmetic surgical or medical procedures.
• The lottery must not be conducted for more than 12 months, and the draw must be conducted within one month after the lottery's closure.
• Terms and conditions must be made available to participants.
• Lodgement of Terms and Conditions: A significant condition is that if the lottery is conducted by audio, visual, or other electronic media, a copy of the lottery terms and conditions must be lodged with the Gaming and Wagering Commission before the commencement of the lottery. This can be done by emailing them to rgl@dlgsc.wa.gov.au.
• Once the lottery has commenced, the terms and conditions cannot be amended, and the lottery cannot be cancelled or withdrawn, without the prior written approval of the Commission.
• Records relating to the lottery must be kept for 12 months.

Regulatory Body: Department of Local Government, Sport and Cultural Industries (Gaming and Wagering Commission).

Contact: Phone: (08) 9425 1888 or 08 6551 4888 ; Email: rgl@dlgsc.wa.gov.au.

Application Process Overview: Not applicable for commercial businesses if all conditions for deemed approval are met.

Tasmania (TAS)

Permit Necessity & Prize Thresholds: Businesses are not required to obtain a specific trade promotion permit to conduct a game of chance promotion in Tasmania, provided the activity meets the definition of a "trade promotion" under the Gaming Control Act 1993.

Specific Permit/Authority Name: Not applicable for trade promotions conducted by businesses.

Key Conditions for Businesses:

• The promotion must comply with the Gaming Control Act 1993.
• Entry must be gained by purchasing goods or services at their normal retail price or prevailing market price, with no additional cost levied for participation.
• The prize must be offered for the purpose of promoting the business or incentivizing customers to purchase the product or services.
• If the entry mechanic is linked to a purchase, it must not be possible to enter the game in any other way.
• General conditions similar to other "no permit" states likely apply (random chance, clear T&Cs, winner notification, etc.).

Regulatory Body: Tasmanian Liquor and Gaming Commission.

Contact: Phone: (03) 6166 4444 or 03 6166 4040 ; Email: gaming@treasury.tas.gov.au.

Application Process Overview: Not applicable for trade promotions conducted by businesses that meet the legislative definition.

IV. Comparative Summary Tables

The following tables summarize the core permit requirements, costs, and timings for trade promotions involving games of chance conducted by businesses across Australian states and territories.

A. Table 1: Trade Promotion Permit Requirements by Australian State/Territory

B. Table 2: Trade Promotion Permit Costs and Timings

Note: Fees and processing times are subject to change. Always verify current details with regulatory bodies.