New South Wales Consolidated Acts

BETTING AND RACING ACT 1998 - SECT 33H

33H Prohibitions on gambling-related advertisements

(1) A non-proprietary association or licensed betting service provider or any other person must not publish or communicate, or cause to be published or communicated, whether from in or outside New South Wales, any gambling advertisement that may be accessible to a person in New South Wales and that contravenes any requirement of this section.

: Maximum penalty--

(a) for an individual--100 penalty units, or

(b) for a corporation--1000 penalty units.

(2) A gambling advertisement must not--

(a) encourage a breach of the law, or

(b) depict children gambling, or

(c) be false, misleading or deceptive, or

(d) suggest that winning will be a definite outcome of participating in gambling activities, or

(e) suggest that participation in gambling activities is likely to improve a person's financial prospects, or

(f) promote the consumption of alcohol while engaging in gambling activities, or

(g) be published otherwise than in accordance with decency, dignity and good taste and, if the gambling advertisement takes the form of a television advertisement, in accordance with the Commercial Television Industry Code of Practice registered by the Australian Communications and Media Authority as in force on the day on which the gambling advertisement is published, or

(h) include any inducement to participate, or to participate frequently, in any gambling activity (including an inducement to open a betting account).

(3) The regulations may prescribe an advisory statement that must be part of a gambling advertisement published--

(a) in print, including a newspaper, magazine or poster, or

(b) in a form prescribed by the regulations.

(4) A person including a non-proprietary association or licensed betting service provider, must not publish, or cause to be published, a gambling advertisement unless the advertisement complies with subsection (3).

: Maximum penalty--

(a) for an individual--100 penalty units, or

(b) for a corporation--1,000 penalty units.

(5) A non-proprietary association or licensed betting service provider or any other person must not enter into or extend the duration of any contract or arrangement for the publication or communication of any gambling advertisement that does not comply with this section.

: Maximum penalty--

(a) for an individual--100 penalty units, or

(b) for a corporation--1000 penalty units.

(6) A person (other than a betting service provider) does not commit an offence under this section in respect of the publication or communication of a gambling advertisement if--

(a) the gambling advertisement was in the form provided (directly or indirectly) or approved by or on behalf of a betting service provider for the purposes of its publication or communication, and

(b) the person has not been notified by or on behalf of the Minister that the publication or communication of the gambling advertisement may contravene this section.