UPDATED JULY 2019
Back in August 2016, Liquor and Gaming NSW (L&GNSW), the government body who looked after competition permits and licences at the time, announced they were consulting the public on proposed changes to remove red tape for small businesses and make running a trade promotion (competition or giveaway to you and I) much easier, quicker and cheaper by scrapping the need for a licence if your prize is valued at under $10,000.
Well, it’s been 3 years and there’s still no official legislation change. Boo. Here’s the lowdown on the highly anticipated changes.
What are the current competition licence requirements for NSW?
Currently, by law, if your game of chance competition is open to NSW residents then you need a competition permit from Fair Trading NSW – the government body that now regulates competition licences – regardless of your prize’s value.
The licence fee for prizes valued at under $10,000 is $80 and although it’s one of the more reasonably priced licences in Australia, $80 is still a considerable sum to a small business, especially if the prize you’re giving away is of a similar or lesser value.
You can read more about game of chance permits in NSW here.
What are the proposed changes?
The review to the Lotteries and Art Unions Act 1901 (yes… 1901) encompasses a range of lotteries, raffles and games of chance run by both charities and privately owned businesses. It includes a number of proposed reforms to permit requirements, penalties for non-compliance and legislative updates, but the most important potential change you need to be aware of for your competition is this beautiful little sentence right here:
“The following activities will no longer require a permit… Trade promotions with total prize value less than $10,000 (previously permits were always required)”
Please bear in mind that this is still a proposal and the permit laws have not yet been changed (as at the time of updating in July 2019) so you still need a licence until the laws are officially changed.
Has anything changed?
In all honesty, not a huge amount, but there have been a couple of updates.
- As mentioned above, the management and issuing of licences have moved from Liquor and Gaming NSW to Fair Trading, read into that what you will.
- A new piece of legislation, the Community Gaming Act 2018 No 60 has appeared on the NSW legislation website, however, as the site notes it doesn’t look as though the act has commenced and unfortunately, there’s no mention of prize pool values…
How does this affect me?
Right now, it doesn’t.
No changes have come into effect yet – if they even will.
What will it mean if if comes into effect?
You’re probably wondering why we’re so excited about this proposed change… Besides being complete geeks for anything related to competitions and giveaways, we’re really, genuinely pleased to see the NSW government taking steps to help remove barriers for small businesses and encourage businesses to promote their services without the need to pay a fee.
Realistically, this means that if your competition is a game of chance and your prize is valued at under $3,000, you’re free to run your competition without the need for a single licence and the $80 you used to have to spend on a licence can be put towards promoting your competition and building your business once the changes come into effect. Win win!
Awesome news, so when do these changes come into effect?
As per the official update published in August 2017, the changes were set to come into effect as of January 2018, but at the time of writing in July 2019, there’s still no word from Fair Trading about when we can expect to see the licence requirements relaxed.
We do regularly contact Fair Trading by email and phone when arranging licences for clients and we always, always ask for updates as well as being on their mailing list to receive updates so the second we find out the new limits apply, we’ll let you know – and probably arrange a street party, because it’s been a bloody long time in the making!
Don’t worry, you’ll be invited.
Remember, these changes have not yet come into effect, so you still need to apply for those pesky licences in the mean time.
If you’re planning a game of chance competition that’ll require a licence in NSW and need a hand getting your licence application done, you might want to check out our T&Cs, Rules and Licences package…
Want to know when the laws change?
Subscribe to our monthly newsletter to stay up to date with competition legals and be the first to know when the laws change.