The Gaming Control Act 1993 regulates gaming in Tasmania. Gaming occurs if participants pay money to play a game involving chance for which prizes can be won. Gaming is only permitted if it is authorised or exempted under the Act.
Certain games which are played for social or charitable fundraising purposes may be conducted because the Tasmanian Liquor and Gaming Commission has declared the activity to be an “exempt game".
No permit is required to conduct these games, but the operator must still comply with the Gaming Control Act 1993, and with the conditions of the relevant game. The conditions include various restrictions, such as:- how the games may be played:
- financial limits restricting the value of prizes or the cost to play;
- obligations to provide information to players; and
- record keeping obligations.
Failure to comply with these requirements may be an offence.
In addition to these exemptions, gaming is permitted if it is a trade promotion or if the game is completely free to play.
Trade promotions
Activity which may otherwise be unauthorised gaming in Tasmania is permitted if that activity is a trade promotion. To be a trade promotion under the Gaming Control Act 1993, the activity must be:
- a scheme or device for the distribution of a prize;
- for the promotion of a business; and
- connected to the sale of goods or services, which are sold for prevailing market price.
This means that:
- the product or services must be sold at the usual price, and there must be no additional charge to enter the game;
- the prize must be offered for the purposes of promoting the business or incentivising customers to purchase the product or services; and
- it must not be possible to enter the game in any way other than by purchasing the product or services.
The usual format of a trade promotion is a customer being entered into a draw to win a prize after they have purchased a specified product from a business. Other games which are commonly played as trade promotions include:
- members draws, in which a member is entered into a draw to win a prize when they pay for membership at a club, with the member required to be present for the draw in order to win; and
- jackpot joker, in which a customer is entered into a draw when they purchase a specified product from a business and, if successful in the draw, gets to turn a card in a deck of cards to determine whether they win a prize.
These games can be trade promotions even if they involve a “jackpot" element (whereby no prize may be won in any particular draw, and the prize then jackpots to the next draw) so long as they comply with the requirements under the Gaming Control Act 1993.
Games that are free to play or where no prizes are available
The Gaming Control Act 1993 only regulates games of chance if participants pay money to play and prizes can be won.
If no prizes are available, the game is not regulated by the Act. Similarly, if there is absolutely no cost to play, then the game is not regulated by the Act.
It should be noted, however, that a requirement to purchase a product, pay to enter an event or pay a membership fee before the player can participate counts as a cost to play. If there is a requirement to pay money of any kind to enter the game, then the game will be regulated by the Act.