ACT Trade Promotion Permits: Do You Need One and How to Apply?

Running a giveaway, prize draw or “enter to win” campaign is a great way to boost brand awareness and engage your audience. But in the Australian Capital Territory (ACT), some competitions need a government permit before you launch.

In this guide, we’ll break down when an ACT trade promotion permit is required, how the rules work, and the practical steps to apply. We’ll also cover key legal obligations around advertising, privacy and prize fulfilment so you can run a compliant, successful promo from start to finish.

If you’re planning a national promotion that includes ACT residents, this guide is for you too - national chance-based competitions often trigger ACT (and South Australian) permits.

What Is A Trade Promotion In The ACT?

A “trade promotion” is a free-entry competition or lottery you run to promote your business, goods or services. Participants don’t pay to enter (beyond standard postage/SMS/online costs), and you award prizes to the winners.

Chance vs Skill

Whether you need a permit depends largely on whether your competition is based on chance or skill.

• Game of chance: Winners are determined by luck - for example, a random draw, barrel draw, instant win, or a wheel spin. Chance-based promotions are regulated and may require a permit in the ACT.
• Game of skill: Winners are judged on merit - for example, the “best” answer to a question or the most creative entry, with clear, objective judging criteria. No random selection. Pure skill promotions generally do not require an ACT permit.

It’s the selection method that matters. A “25 words or less” question only counts as skill if you genuinely judge entries against set criteria - not if you pick a winner at random from all entries received.

Do You Need An ACT Trade Promotion Permit?

In the ACT, a permit is typically required for trade promotions that:

• Are free to enter and conducted for the promotion of goods/services; and
• Are determined by chance (in whole or in part); and
• Exceed the ACT’s prize value threshold for permits (the threshold is set by the ACT regulator and can change - always check the current requirements before you launch).

Skill-only competitions don’t usually require a permit, even if the prize pool is large. But be careful - if any element of chance creeps in (like a random tie‑breaker), you may tip into “chance” territory.

National Promotions That Include ACT Residents

If your chance-based competition is open to ACT residents as part of a national campaign, you must comply with ACT rules. In practice, many businesses obtain both ACT and South Australian permits for a single national promotion (NSW, Victoria and most other jurisdictions no longer require permits for typical trade promotions).

If you’re unsure whether your format is chance or skill, or whether your prize pool triggers an ACT permit, it’s wise to get tailored competition advice before you advertise entries.

How To Apply For An ACT Trade Promotion Permit (Step-By-Step)

Permit applications are handled by Access Canberra (the ACT Government). Here’s a practical roadmap to get your approval in place on time.

1) Map Your Promotion

• Format: Random draw, instant win, or a judged skill contest?
• Eligibility: Who can enter (age, location, exclusions)?
• Entry method: Web form, social media, SMS, in‑store?
• Dates: Opening and closing times (with time zone), draw date(s), unclaimed prize draw date if relevant.
• Prize details: Full description, quantity, total retail value, any conditions/restrictions (e.g. travel dates).

This information feeds directly into your permit application and your Competition Terms & Conditions.

2) Prepare Your Competition Terms & Conditions

The ACT expects clear, comprehensive rules that cover entry requirements, how winners are determined, prize details, how winners are notified and any redraws. Use tailored Competition Terms & Conditions rather than a generic template - they’ll need to match your mechanics and comply with local rules.

3) Check Prohibited And Restricted Prizes

ACT rules restrict certain prize types (for example, firearms or tobacco) and impose conditions on others (like alcohol or certain “adult” products). Make sure your prize list is compliant before you apply.

4) Calculate The Total Prize Value

The total retail value of all prizes will determine whether a permit is required and, if one is needed, the application fee bracket. Use genuine retail values and keep your evidence.

5) Lodge Your Application With Access Canberra

Complete the ACT trade promotion permit application form, attach your proposed T&Cs and pay the fee. Processing times can vary, so build in contingency (a couple of weeks before you plan to launch is prudent). Complex promotions may attract questions from the regulator.

6) Receive Your Permit And Include The Number In Your Ads

Once approved, you’ll receive a permit number. Include it wherever required by the conditions (for example, on landing pages, entry forms and key advertising).

7) Run, Draw And Record

Conduct draws on the stated dates, using the method you described. Keep proper records (entries, draw logs, winner details, prize distribution). Many permits include record‑keeping and winner notification/publication requirements.

8) Manage Unclaimed Prizes

If a prize isn’t claimed within the timeframe in your T&Cs, conduct the unclaimed prize draw on the date specified. Make sure you comply with any publication or notification obligations for these draws as well.

Fees, Timing And Common Mistakes

• Fees are tiered based on the total prize pool. Budget for this early.
• Allow enough lead time for assessment. Don’t advertise chance-based promotions to ACT residents until the permit is granted.
• Make sure your execution matches your application and T&Cs (draw dates, judging, eligibility). Changing mechanics mid‑campaign can breach your permit.

Running Your Promotion: Key Legal Rules To Follow

A permit is only one part of the compliance picture. You must also meet your obligations under consumer, privacy and spam laws, and follow the specific permit conditions.

Advertising And The Australian Consumer Law

Your marketing must be clear, truthful and not misleading or deceptive under the Australian Consumer Law (ACL). This covers the overall impression created by your ads - including headline claims, fine print and any social media content.

• Clearly state material terms: eligibility, key dates, significant exclusions and how winners are chosen.
• Don’t overstate odds of winning or the value/availability of prizes.
• Honor your T&Cs - if you say entries close at 5pm AEST, they close at 5pm AEST.

If you’re new to the ACL, it’s worth revisiting the basics of misleading or deceptive conduct so your copy and creative stay on the right side of the law.

Privacy, Data And The Spam Act

Collecting names, emails, phone numbers and addresses triggers privacy obligations. At minimum, have a clear Privacy Policy and a tailored Privacy Collection Notice explaining what you collect, why, how you use and disclose the data, and how entrants can access or correct their information.

If you plan to add entrants to your marketing list, make sure your entry form captures consent (or at least meets the “inferred consent” rules) and your campaign complies with Australian email marketing laws (Spam Act 2003).

Drawing, Notifying And Publishing Winners

• Draws must be fair and in line with your permit/T&Cs (e.g. using an approved randomiser or manual barrel draw process).
• Notify winners within the timeframe stated. For higher‑value prizes, the ACT often requires specific publication (e.g. on your website or newspaper) - follow your permit conditions.
• Deliver prizes promptly, in the form advertised. If a prize becomes unavailable, you’ll typically need to provide a prize of equal or greater value.

Social Platforms And Third-Party Terms

Running a promotion on Instagram, Facebook or TikTok? Most platforms have their own rules for promotions. Ensure your competition format and disclosures comply with those terms in addition to ACT requirements.

What Legal Documents Should You Have In Place?

Strong, tailored documents keep your promotion fair, transparent and legally sound. Most businesses will need the following.

• Competition Terms & Conditions: Your rulebook for entry, judging/draws, prize details, eligibility, winner notification/publication, unclaimed prize process and liability caps. Well‑drafted Competition Terms & Conditions are essential for both permitted and non‑permitted promotions.
• Privacy Policy: Explains how you collect, use and disclose personal information during the promotion and afterwards. Link your Privacy Policy from the entry page and reference it in your entry form.
• Privacy Collection Notice: A concise, promotion‑specific notice at the point of collection covering identity of the collector, purposes, disclosures and how to access/correct data. Add a Privacy Collection Notice to your entry form or landing page.
• Website Terms & Conditions: If entries are via your website, have baseline Website Terms & Conditions in place to set acceptable use and limit liability for site use issues.
• Supplier/Prize Agreements: If a third party is supplying prizes (e.g. travel, experiences, vouchers), confirm deliverables, availability, substitution rights and timing in writing to avoid fulfillment surprises.

If you’re weighing up chance vs skill or considering a complex mechanic (like multiple draws, instant win plus a major prize, or charity tie‑ins), it’s smart to get early giveaway laws guidance so your documents and permit application align perfectly.

Frequently Asked Questions About ACT Trade Promotion Permits

Do I Need An ACT Permit For A Social Media Giveaway?

If it’s chance-based (e.g. “like and tag a friend to go in the draw”), and your total prize pool meets the ACT threshold, you’ll generally need a permit. If it’s judged purely on skill (e.g. “best answer” with real judging), you typically won’t.

Can I Run A National Promotion With One Set Of Terms?

Yes, but make sure your Competition Terms & Conditions accommodate ACT and SA permit conditions, and that you secure the required permits before launch. Your T&Cs should also address any jurisdiction-specific rules (winner publication, redraws, age restrictions, etc.).

How Long Does The ACT Application Take?

Processing times vary based on volume and complexity. Build in buffer time (ideally a couple of weeks) before your planned launch. Don’t advertise to ACT residents until your permit is approved and your number is ready to publish.

What If A Prize Becomes Unavailable?

Provide a replacement of equal or greater value and update your records. Check your permit and T&Cs - some require specific steps or approvals for substitutions.

What Happens If I Don’t Get A Permit?

Running a chance-based promotion that requires a permit without one can lead to fines, orders to stop the promotion and reputational damage. It’s not worth the risk - factor permits into your campaign timeline.

Key Takeaways

• In the ACT, chance-based trade promotions may require a permit depending on your total prize value, while genuine skill contests generally do not.
• National promotions that include ACT residents must satisfy ACT rules - many brands obtain both ACT and SA permits before launch.
• Prepare your mechanics, prize values and Competition Terms & Conditions first, then lodge your application with Access Canberra and wait for approval before advertising to ACT entrants.
• Beyond permits, you must comply with the Australian Consumer Law, privacy rules (have a Privacy Policy and Collection Notice) and the Spam Act for any follow‑up marketing.
• Keep accurate draw and winner records, notify and publish winners as required, and deliver prizes promptly in the form advertised.
• Getting early, tailored competition advice helps you streamline approvals and run a compliant, on‑brand campaign.

If you’d like a consultation on ACT trade promotion permits and setting up your competition documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.