The new Lotteries Regulation 2021 (SA) came into effect on 10th December 2021, operating under the Lotteries Act 2019, making changes to the lotteries landscape in South Australia. The changes to regulations concerning Trade Promotions that will impact you most are detailed below:
For reference, a major trade promotion lottery is that which has a prize value greater than $5,000 and requires a licence for approval. Minor trade promotion lotteries have prize values of $5,000 or less and generally do not require licences.
A permit for a trade promotion may be refused if it goes against any of the codes of ethics embedded with the Gambling Administration Act 2019, in line with s15(3)(b) of the Lotteries Act 2019.
Electronic drawing system
Changes have been made to the requirement for electronic drawing system approval. Lotteries can now be drawn electronically through the use of a random number generator. Organisations must make information related to the system available to the Commissioner upon request.
The threshold for a scrutineer to oversee the drawing of winners has been increased from $20,000 to $30,000, or where the commissioner makes a direction.
Winners who aren’t present when the lottery is drawn must now be notified within 7 days of the draw. This has been reduced from an initial 14-day notification period. The notification must be done in writing.
Reporting and publication
The initial requirement that a licensee must notify the Minister 14 days after the drawing of a prize whose value exceeds $250 has been removed.
The only requirements for publishing winner’s details are the initials of their first and last name as well as their postcode. Addresses are no longer required to be posted. This must be done within 30 days.
The advertising requirements for trade promotions have been consolidated between tv, radio, cinema, and other media. Advertising for trade promotions requires the inclusion of:
What does this mean for you?
Overall there has been a simplification of rules and regulations:
Reach out to the von Muenster legal team here at firstname.lastname@example.org if you have any queries.