Did you know that many types of games and competitions are considered a form of gambling, and need a licence or permit?

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A common type game which often requires a licence or permit is a raffle or similar game run to promote someone's business, sometimes called a trade promotion lottery or competition. Everyone has heard these sorts of games on the radio, and they can be as simple as raffling a meat tray raffle the local pub. 

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A "game of skill" usually does not need a licence or permit, but games involving chance often do. The rules about exactly when you need a licence or permit vary from State to State (and Territory) around Australia, adding potential complications for competitions run nationally.

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Do you need terms and conditions for your competition or game?

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If you need a licence or permit, you will need to have a set of terms and conditions which complies with relevant laws and any specific terms of your licence or permit.

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However, even if legally you do not need terms and conditions, it is usually smart to have rules anyway. If all players have agreed to the rules, a good set of rules can avoid difficult disputes if any player isn't happy with their result.

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Getting a licence or permit

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What you have to do to get a licence or permit varies from State to State (and Territory) around Australia.

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For example, in some situations, if you create and publish a set of suitable rules for your competition, covering a specific list of issues, you will automatically have a "deemed permit" and you won't have to do anything more. In other cases, you may need to provide your competition terms and conditions to the relevant authorities and go through a more detailed application process, even including being subject to a criminal history check!

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Need advice on whether you need a permit or licence, or a set of terms and conditions, for your competition or game? Contact us and we will be happy to help!

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