What is the law regarding "Holding a competition" in Australia?  I
believe that registration may be required on a state by state basis
but I can't find a link to the legislation, government department or
any information on "How to hold a competition".  I assume I need to
apply for a permit number of some sort but cannot find out where to
apply (or even if I need to).  I want to hold a competition for my
business where people can win a trip for 2 to Hamilton Island.

Hi !

Competitions such as you describe are under the control of the Gaming
authorities in each state (listed below). As yours is an in-house
competition, a permit may not be necessary, but you would have to
contact the relevant offices to be sure, and in some cases apply for
an exemption.



The Apec site includes an E-com Legal Guide to Australia contributed
by Patrick Fair of Baker & McKenzie, Sydney
Telephone: (61-2) 9225-0200 Fax: (61-2) 9223-7711   
E-mail:patrick.fair@bakernet.com
It was updated in January 2001 

Definitions of lottery requirements are at:

http://www.bakerinfo.com/apec/ausapec_main.htm#Gambling

"Lottery

Lottery involves the offer of a chance to win a prize with the
winner(s) determined by a draw or otherwise by chance. If any element
of chance is involved in the determination of the winner(s), the
promotion is a lottery. The general approach throughout the States and
Territories is that all lotteries are prohibited unless they are
expressly permitted. Lotteries for the promotion of trade are one of
the exempt classes of lottery when they comply with certain
requirements.

An approval system with grant of permit operates in New South Wales,
Victoria, South Australia, ACT and Northern Territory. Tasmania,
Western Australia and Queensland do not require any permit, provided
that there is no cost to the participants or if purchase is required
to enter, the cost of the goods or use of the services is no more than
the market price.

Each State has some restrictions on the type of prizes which can be
awarded. In general tobacco products, firearms and ammunitions, bonds,
stocks, debentures, shares in a body corporate or other securities,
and interest in land other than stated in fee simple are prohibited.
Alcoholic beverages are not prohibited but there is often a limit on
the quantity of liquor that may be offered.

Except in New South Wales, there are no restrictions on the value of
prizes which may be awarded.

A lottery which is open to residents of any States or Territories
other than New South Wales may be held at any place. If New South
Wales residents enter a draw, a New South Wales permit will be
required and the draw must be held in New South Wales. "


In New South Wales to get a permit you would contact the Department of
Gaming and Racing
323 Castlereagh St
Ph: 9995 0400

Postal Address:
GPO Box 7060
SYDNEY NSW 2001

Telephone 02 9995 0300
Email info@dgr.nsw.gov.au


http://www.dgr.nsw.gov.au

Search the site under lotteries or raffles (whichever you are
planning) for various fact sheets.


In the Northern Territory talk to Racing, Gaming and Licensing
GPO Box 1154, DARWIN NT 0801 

and applications for licenses can be found online on their site at:

http://www.treasury.nt.gov.au/ntt/licensing/Applications/applications.htm


For Queensland visit:

http://www.qogr.qld.gov.au

and click on "Forms and Applications".


For the Western Australia Department of Racing, Gaming and Liquor go
to:

http://www.orgl.wa.gov.au/index.php

Click on "Do I need a permit" for more info. Application forms are
available here.


The Tasmanian Gaming Commission is at:

http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/main-v/gaming

Click on "Minor Gaming" in the menu on the left.

They say:

"A minor gaming permit enables an organisation or person to conduct
authorised games. A minor gaming permit generally has effect for a
period of 12 months. The Commission must not grant a minor gaming
permit to a person unless satisfied that the proceeds from conducting
authorised games are to be used for the lawful purposes of a
not-for-profit organisation or a charitable purpose and not for the
private gain or benefit of any person except by way of charity."

Application forma are available online.


For the ACT Gambling and Racing Commission  go to:

http://www.gamblingandracing.act.gov.au

and click on "Lotteries and Promotions" on the left for their
definitions, rules and charges.

You nay find you are exempt from requiring a permit as you are
conducting an in-house competition, but you will have to apply for an
exemption.

"Exemption from approval
.... 
Where the promotion comes within the definition of a private lottery
(essentially where participation is restricted to members of the same
association or who work or reside in the same single premises and in
which no external advertising is to be conducted other than
advertising delivered only to members of the same association or
displayed within the same single premises - (contact the Gambling &
Racing Commission for further information if you think your promotion
could fall into this category)."


The Northern Territory Racing, Gaming and Licensing Commission
GPO Box 1154, DARWIN NT 0801 

has a site at:

http://www.treasury.nt.gov.au/ntt/licensing

with applications and fact sheets at:

http://www.treasury.nt.gov.au/ntt/licensing/Applications/applications.htm


 
And finally South Australia has the South Australia Gaming Supervisory
Agency

Ph: 08 8226 9599

It should have a website at:

http://www.gsa.sa.gov.au 

but it was down when I tried to log in to it.


A general article by John P. Feldman and Elisa A. Nemiroff of Collier
Shannon Scott on running lotteries across international boundaries is
at:

http://www.promotionlawplaybook.com/documents/International_Promotions.pdf

you may find this useful if you are outside Australia.


Good luck !

Fantastic!  All the information I wanted with great timing for a great price!