Random draws in Australia.
Competition/prize/lottery/raffle draws (online/electronic)
by TPAL
Random draw competitions/promotions are "Games of chance" that involve the winner(s) being selected randomly as opposed to "Games of skill" where all entries are assessed and a winner(s) chosen based on their skill.
Random draw competitions/promotions are regulated separately by each Australian state and territory. This means that you need to adhere to the state/territory in which the competition/promotion will run. If the competition/promotion is open to residents of all states, that is, a national competition/promotion, you will need to ensure that the random draw complies with the regulations and legislation of every state and territory.
Specifically, ACT, SA, NT and NSW may require you to apply for and obtain a competition/promotion permit called a trade promotion lottery permit. The requirements are variable and depend on the specifics of the promotion, e.g. the prize value, how the random draw will be done, how the competition/promotion will be promoted, etc. Whilst the other states do not require a permit, you need to comply with their regulations and legislation. See our page on competition permits for more info.
Apart from any permit obligations, some of the states have specific requirements when it comes to the prize draw system that you use (i.e. the random selection of winners). It is therefore important that you use an electronic system that is compliant across all states in Australia. In addition, if the prize draw is of a particular value (eg above $10,000 in NSW or $30,000 in SA), an independent scrutineer may need to attend the draw.
TPAL is able to assist you with your prize draws to ensure compliance. Or you can choose to use our certified self service system via randomdraws.com™.
