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GAMBLING LEGISLATION AMENDMENT (ONLINE AND OTHER BETTING) ACT 2019 - SCHEDULE 2

SCHEDULE 2 – Amendment of Totalizator Act 1997 No 45

[1] Section 79 Interpretation

Insert in alphabetical order in section 79(1)--


"betting account" means an account held with a licensee for the purposes of enabling the holder of the account to place a bet with the licensee.

[2] Section 79A

Insert after section 79--

79A Inducements
(1) In this Part,
"inducement" includes--
(a) the offer of a credit, voucher, reward or other benefit, or
(b) the offer of a gambling product, or the offer of a condition or other aspect of a gambling product, that includes additional benefits or enhancements, or
(c) the offer of a gambling product, or the offer of a condition or other aspect of a gambling product, that is declared by the regulations to be a prohibited inducement.
(2) A reference to an inducement in this Part includes an inducement that involves an offer that is not available to persons resident in New South Wales.
(3) A reference to an inducement in this Part (other than in section 80B) does not include an inducement published or communicated by a licensee to a person who has a betting account with the licensee at the time an advertisement containing the inducement is published or the availability of the inducement is communicated to the person.

[3] Section 80 Prohibitions on totalizator advertisements

Omit section 80(3).

[4] Section 80AA

Insert after section 80A--

80AA Prohibition on direct marketing
(1) A licensee or other person must not provide a totalizator advertisement directly to the betting account holder by email, SMS text message or other direct means, unless the holder has given express and informed consent to receiving totalizator advertisements directly by that means and has not withdrawn the consent.
(2) A licensee or other person must not provide a totalizator advertisement directly to the 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 totalizator advertisements.
(3) A person who requests a licensee to close the person's betting account is taken to have withdrawn consent to receive all totalizator advertisements from or on behalf of the licensee.
(4) For the purposes of this section, the withdrawal of consent to receive totalizator advertisements takes effect 24 hours after the holder of the betting account notifies the licensee that provides the account of the withdrawal of consent.
(5) A person (other than a licensee) does not commit an offence under this section in respect of the provision of a totalizator advertisement if--
(a) the totalizator advertisement was in the form provided (directly or indirectly) or approved by or on behalf of a licensee 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 totalizator advertisement may contravene this section.
: Maximum penalty--
(a) for an individual--100 penalty units, or
(b) for a corporation--1000 penalty units.

[5] Section 87 Offence of unauthorised use of betting accounts

Omit "telephone betting credit account maintained".
Insert instead "betting account held".

[6] Schedule 2 Savings, transitional and other provisions

Insert at the end of the Schedule, with appropriate Part and clause numbering--

Part - Provision consequent on enactment of Gambling Legislation Amendment (Online and Other Betting) Act 2019

Application of amendments relating to betting accounts Section 80AA, as inserted by the Gambling Legislation Amendment (Online and Other Betting) Act 2019 , extends to betting accounts held by persons with a licensee or other person immediately before the commencement of the section.



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