(a) apart from this section, something (the advertisement ) that relates to a product, or a service, that is not a designated interactive gambling service would, technically, be a designated interactive gambling service advertisement because the name, or part of the name, of the product or service is the same as, or substantially similar to, the name, or part of the name, of:
(i) a designated interactive gambling service; or
(ii) a designated interactive gambling service provider; and
(b) the manufacturer, distributor or retailer of the product, or the provider of the service, is not associated in any way with the designated interactive gambling service provider concerned;
then, despite section 61BA, the advertisement is not a designated interactive gambling service advertisement for the purposes of this Part.
Related bodies corporate taken to be associated with each other
(2) Without limiting the circumstances in which 2 persons would, apart from this subsection, be taken to be associated with each other for the purposes of subsection (1), 2 bodies corporate that are related to each other are taken to be associated with each other for the purposes of that subsection.
(3) For the purposes of subsection (2), the question
whether 2 bodies corporate are related to each other is to be determined in
the same way as the question would be determined under the
Corporations Act 2001 .