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Q: Australian Competition Permits ( Answered,   3 Comments )
Question  
Subject: Australian Competition Permits
Category: Business and Money > Advertising and Marketing
Asked by: marketing506-ga
List Price: $150.00
Posted: 12 Nov 2006 19:19 PST
Expires: 12 Dec 2006 19:19 PST
Question ID: 782232
What are the requirements for operating a competition in Australia?
What information would need to be included in a TV ad.

The competition is going to be national and would need to satisfy all
different state requirements, which I understand to vary slightly.

What are the URL's for the different states to apply for a permit?

Thanks

Request for Question Clarification by easterangel-ga on 12 Nov 2006 23:34 PST
Hi!

What kind of competition are you going to setup?

Thanks.

Clarification of Question by marketing506-ga on 14 Nov 2006 19:58 PST
Hi

We are an Australian firm that will be offering  the chance to win a
holiday with the purchase of a magazine subscription

Request for Question Clarification by pafalafa-ga on 14 Nov 2006 20:22 PST
marketing506-ga,

Are you sure a permit is necessary?  

I did not find any reference to permits for contests such as the one
you're describing.

The key Australian on this topic seems to be very simple:  if you
offer a prize, you'd better be ready, willing, and able to award it to
someone:

==========

http://www.austlii.edu.au//cgi-bin/disp.pl/au/legis/cth/num_act/asaica2001n512001556/s12de.html?query=prize%20OR%20prizes


AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12DE 
Offering gifts and prizes 

A corporation must not, in trade or commerce, in connection with: 

(a) the supply or possible supply of financial services; or 

(b) the promotion by any means of the supply or use of financial services; 

offer gifts, prizes or other free items with the intention of not
providing them, or of not providing them as offered.

===============


There are a few similar statements in various other laws, but nothing
that I saw in the way of any detailed requirements.

What leads you to believe otherwise?


pafalafa-ga
Answer  
Subject: Re: Australian Competition Permits
Answered By: czh-ga on 16 Nov 2006 15:48 PST
 
Hello marketing506-ga,

I believe you?re looking for the laws, rules and regulations governing
trade lotteries. I was able to find the websites that explain the
state by state variations for these laws, rules and regulations. The
quality of the websites varies but they all seem to include at least
an explanation of the requirements and the necessary forms and fees.
You should be able to review these quickly to find all the information
you need to run your national competition.

I trust that this information is complete enough for your needs.
Please don?t hesitate to ask for clarification if I missed anything.

Best wishes for your campaign.

~ czh ~


=============================
AUSTRALIAN FEDERAL GOVERNMENT
=============================

http://www.australia.gov.au/index.php
Australian Government

==

http://www.australia.gov.au/421
Gambling & Lotteries



==================================
AUSTRALIAN CAPITAL TERRITORY (ACT)
==================================

http://www.gamblingandracing.act.gov.au/
ACT Gambling and Racing Commission

==

http://www.gamblingandracing.act.gov.au/TheCommission/Forms.htm
Forms - Lotteries

==

http://www.gamblingandracing.act.gov.au/Documents/Trade%20Promotion%20Application.pdf
Trade Promotion Application Form

==

http://www.gamblingandracing.act.gov.au/TheCommission/Fees.htm
Fees


===============
NEW SOUTH WALES
===============

http://www.dgr.nsw.gov.au/
NSW Office of Liquor, Gaming and Racing

==

http://www.dgr.nsw.gov.au/promos_home.asp
Promotions and competitions

==

http://www.dgr.nsw.gov.au/promos_lotteries.asp
Lotteries



========
VICTORIA
========

http://www.vcgr.vic.gov.au/
Victorian Commission for Gambling Regulation

==

http://www.vcgr.vic.gov.au/CA256F800017E8D4/FAQ/DC1B80ACF2B5B71ACA25702F003453EC?Open
Trade Promotion Lottery



==========
QUEENSLAND
==========

http://www.qogr.qld.gov.au/
Queensland Office of Gaming Regulation

==

http://www.qogr.qld.gov.au/competition/index.shtml
Competitions and Raffles


===============
SOUTH AUSTRALIA
===============

http://www.olgc.sa.gov.au/splash.shtm
Office of Liquor and Gambling Commissioner

==

http://www.olgc.sa.gov.au/default.asp?page=lottery.lottery.htm&menu=lottery
Lottery Licensing Administration

==

http://www.olgc.sa.gov.au/default.asp?page=Lottery.Trade_Promotion_Licence.Trade_Promotion_Licence.htm&menu=lottery
Trade Promotion Licence 


=================
WESTERN AUSTRALIA
=================

http://www.orgl.wa.gov.au/m/index.php
Department of Racing, Gaming & Liquor

==

http://www.orgl.wa.gov.au/m/index.php?option=com_wrapper&wrap=Gaming%20app%20kits&Itemid=118
Trade Promotion Lotteries



========
TASMANIA
========

http://www.treasury.tas.gov.au/
http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/v-gaming/804D4FC13826CC98CA256E830019FE9E
Tasmanian Gaming Commission

==

http://www.treasury.tas.gov.au/domino/dtf/dtf.nsf/alls-v/D1B9FD279A5E0A45CA256F1900180DAB
Trade Promotions



==================
NORTHERN TERRITORY
==================

http://www.nt.gov.au/justice/licensing//
Department of Justice,Racing, Gaming & Licensing

==

http://www.nt.gov.au/justice/licensing//national_competition.shtml
National Competition Policy

==

http://www.nt.gov.au/justice/licensing/gaming/gaminglicences.shtml
Lotteries Licences, Lotteries Fact Sheets 

==

http://www.nt.gov.au/justice/licensing/RGL_Fact_Sheets/RGL_Trade_Lotteries.pdf
Trade Lotteries



===============
SEARCH STRATEGY
===============

australia competition permits
trade promotion lotteries australia
australia trade promotion lottery permits
Office of Gambling Regulations Australia
australia General Competition Rules and the Specific Competition Rules;
Australia Competition permits laws OR regulations OR rules

Request for Answer Clarification by marketing506-ga on 23 Nov 2006 19:26 PST
Hi Thanks, thats great for part on the URL's of the state government departments.

Could you specify the actual info that would need to be included on a
television commercial ad.

The same ad would be broadcast across Australia, so the same ad would
need to comply with all different state requirements.

Im not after what the exact terms of the competition should be - just
that information that would need to be displayed in the actual TV ad
that is broadcast to people's screens.

To clarify we're not after the information that would need to be
included in the full terms of the competition, (we're just designing
the ad) and need to know what info would need to be included in the TV
ad.

I know some info such as the actual permit numbers (granted for the
competition by some state departments) are required.

Thanks

Clarification of Answer by czh-ga on 24 Nov 2006 20:11 PST
Hello again marketing506-ga,

Advertising for trade promotion competitions must include the permit
number(s). I have not been able to find any evidence that there are
any other requirements -- even after several hours of searching. The
instructions from the various governing bodies that I listed in my
answer are very comprehensive. A thorough review of these documents
should provide you with all the information you need.

Best wishes for your project.

~ czh ~

http://www.freetvaust.com.au/SiteMedia/w3svc087/Uploads/Documents/6d2caeb1-0cef-4422-935c-e68e81d34d5f.pdf
Television  Commercials Production Checklist

A checklist of matters covered by legislation, standards, codes and
guidelines which might effect the production and placement of
television commercials.

Page 48
Trade Promotion Lotteries 

It is necessary to comply with State/Territory legislation when
promoting a competition in a commercial. In particular, attention is
drawn to legislation relating to trade promotion lotteries. Currently
it is necessary to obtain a permit to conduct a trade promotion
lottery in NSW, VIC, SA, the NT and the ACT. Any advertising for a
trade promotion must include the permit number. CAD will require a
copy of the terms and conditions of entry when a trade promotion
lottery is advertised.

Producers should also refer to any specific requirements of each
state/territory regulations or  seek legal advice.
Comments  
Subject: Re: Australian Competition Permits
From: daniel2d-ga on 12 Nov 2006 20:36 PST
 
Consider going to Australia or partnering with an Australian firm.
Subject: Re: Australian Competition Permits
From: marketing506-ga on 13 Nov 2006 22:59 PST
 
Hi

We are an Australian firm that will be offering  the chance to win a
holiday with the purchase of a magazine subscription
Subject: Re: Australian Competition Permits
From: keystroke-ga on 07 Dec 2006 21:10 PST
 
Good work, czh! 

--keystroke-ga

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