Revised (but not revolutionised) trade promotion laws.

8 December 2021 | Reading time: < 1 minute

Key Takeaways

  • The Lotteries Act 2019 (SA), together with the new Lotteries Regulations 2021 (SA) (Lotteries Regulations), take effect on 10 December 2021.
  • The Lotteries Regulations are intended to bring clarity to, and simplify some elements of, the trade promotions framework and requirements.
  • There are no changes to licence requirements or licence thresholds.

Quick recap

What do the Lottery Regulations cover?
The Lotteries Regulations regulate various types of community gambling and gaming activities, such as bingo, fundraising lotteries and trade promotions.

Purpose of the Lottery Regulations
The Lotteries Regulations aim to ensure businesses and community organisations using lotteries as a way to fundraise and promote their goods or services can continue to do so while meeting community expectations around the conduct of lotteries, without unnecessary regulatory burdens.

Overview of key changes

Topic Position under new Lotteries Regulations
Licences and licence thresholds Unchanged. Trade promotions where the prizes include instant win prizes or drawn prizes totalling over $5,000 require a licence.
Electronic drawing system No longer required to use an electronic drawing system approved by the South Australian regulator.

Organisations must be prepared to provide information about the system upon request of the South Australian regulator.

Scrutineer of draw An independent scrutineer of the draw will be required where the total prize pool value is $30,000 or more (formerly $20,000 or more).
Notification of winners The timeframe for notifying winners will be reduced from 14 days to 7 days.
Advertising Advertising must not appear to a reasonable observer to be directed at minors or to portray minors participating in gambling activities (which seems to include trade promotions).

Need assistance?
The Bespoke team is ready to help you comply with your trade promotion obligations.