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BETTING AND RACING ACT 1998 - SECT 33HA
Prohibition on direct marketing
33HA Prohibition on direct marketing
(1) A non-proprietary association or licensed betting service provider or
other person must not provide a gambling advertisement directly to a
betting account holder by email, SMS text message or other direct means,
unless the holder has given express and informed consent to receiving
gambling advertisements directly by that means and has not withdrawn the
consent.
(2) A non-proprietary association or
licensed betting service provider or other person must not provide a
gambling advertisement directly to a betting account holder by email, SMS text
message or other direct means, unless the holder is provided with a means by
which the holder can easily unsubscribe from receiving
gambling advertisements.
(3) A person who requests a
licensed betting service provider to close the person's betting account is
taken to have withdrawn consent to receive all gambling advertisements from or
on behalf of the provider.
(4) A person is taken to have withdrawn consent to
receive all gambling advertisements from or on behalf of the provider if the
person has not logged into the person's betting account for a period of 12
months.
(5) For the purposes of this section, the withdrawal of consent to
receive gambling advertisements takes effect 24 hours after a betting account
holder notifies the licensed betting service provider that provides the
account of the withdrawal of consent.
(6) A person (other than a
non-proprietary association or a licensed betting service provider) does not
commit an offence under this section in respect of the provision 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
non-proprietary association or a licensed betting service provider for the
purposes of being provided, 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.
: Maximum penalty-- (a)
for an individual--100 penalty units, or
(b) for a corporation--1000 penalty
units.
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