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Whilst every care has been taken in the preparation of this document we do not warrant its accuracy, and you should take any necessary steps to ensure that any tipping competition that you run is within the law.
QLD Govt Guide to Tipping Competitions
Definitions
What is a tipping competition?
The Charitable and Non-Profit Gaming Act 1999 provides for art unions. A tipping competition is an art union (a game other than bingo, calcutta sweep, lucky envelopes and a promotional game) in which:
- the players pay a fee to enter the competition before the relevant sporting season starts
- the players may be required to make periodic fee payments to remain in the competition
- the competition is conducted on the entire recognised sporting season but may include or exclude the finals
- in addition to the major prizes won by players at the end of the season, prizes may be given to players who select the most winning teams or participants in each round.
If no entry fee is charged then it is a Trade Promotion Lottery and no permit is required.
Who can conduct a Tipping Competition?
This depends upon the value of the gross proceeds (entry fees) of the game:
- For gross proceeds of less than $2,000, any individual or association can conduct a competition.
- For gross proceeds of $2,000-$20,000, an eligible association can conduct a competition.
- For gross proceeds of more than $20,000, an incorporated eligible association can conduct a competition.
What is an eligible association?
An eligible association is:
- an association formed and operated principally for a charitable, community, educational, patriotic, religious or sporting purpose or a similar purpose prescribed under a regulation
- a parents and citizens association formed under the Education (General Provisions) Act 1989
- a registered political party under the Electoral Act 1992.
Permit details
Do I need a Licence or Permit to Conduct a Tipping Competition?
Yes, if the gross proceeds of the game exceed $50,000.
See: http://www.olgr.qld.gov.au/category3 and http://www.olgr.qld.gov.au/category4 for further details.
Licence period
Where needed, one year.
Fee
Vary - see https://www.business.qld.gov.au/industry/liquor-gaming/forms-fees
Competition details
Distribution of proceeds
All proceeds must be returned to the players as prizes.
Prize restrictions
- not more than $10,000 in cash
- surgery
- tobacco product
- a weapon or ammunition
- alcohol offered must have a retail value of less than $100 and be less than 18 litres volume. If a prize includes alcohol, then minors are prohibited from entering.
Further information must be provided and conditions met if prize is one of the following:
- land
- antiques, gems, memorabilia and art
- animals
- second hand goods
Delivery of Prizes
For a tipping competition, the association/individual conducting the tipping competition must deliver the prizes to the winners in the tipping competition within one month of the prize being won (this includes winners of rounds), unless the prize winner agrees in writing to an extension.
Locating Prize Winners
An association/individual conducting a tipping competition must make every reasonable effort to:
- locate the prize winners for the tipping competition and
- deliver the prizes to the winners.
If a prize winner cannot be found, then written notice within 7 days must be given to the chief executive of the inability and the efforts made to locate the winner. Unclaimed prizes must be kept for one year. If the prize is not claimed within a year then the organising association may use the prize for its purposes.
Advertising Results
The results of a tipping competition must be publicised in the way advertised by the association/individual to the players at the commencement of the competition.
Can persons organising or conducting the competition compete?
Members of the management committee of the association conducting the competition and their immediate family are not eligible to compete.
Information needed
What must the rules of the competition provide?
An advertisement must include the following information:
- the closing and drawing dates
- the price
- details of how prize winners will be notified
- description and the retail value of each of the prizes
- the name of the association conducting it
Records to be kept
An association/individual conducting a tipping competition must keep accounting records correctly recording and explaining the transactions for the competition.
Are records subject to inspection?
The Chief executive may, by written consent to an association/individual request a return to be lodged concerning the conduct of a tipping competition. The association/individual must give the return, in the approved form, within the time stated in the notice.
Audit
For a tipping competition that does not exceed $10,000:
If the chief executive considers it necessary in the public interest, or for the proper conduct of general gaming, the chief executive may, by written notice, require an association/individual to have audited the financial records for the tipping competition. The association/individual must comply with the notice unless there is a reasonable excuse for not complying with it.
The association/individual must pay the cost of the audit.
For a tipping competition with gross proceeds more than $10,000:
The association must have the association’s financial accounts relating to the game audited by an accountant and have the audit report lodged with the chief executive within three months of the end of financial year.
The OLGR prescribes heavy penalties for associations or individuals who fail to comply with the provisions.
Contact information:
Office of Liquor, Gaming & Racing
By telephone:
1300 072 322
By mail:
Office of Liquor, Gaming and Racing
Locked Bag 180
City East QLD 4002
Email: OLGRlicensing@justice.qld.gov.au
Website: https://www.business.qld.gov.au/industry/liquor-gaming