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GAMING MACHINES ACT 2001 - SECT 43
Prohibition on publishing gaming machine advertising
(1) A person (whether or not a hotelier or club) must not publish or cause to
be published any gaming machine advertising. : Maximum penalty--100 penalty
units.
(2) Subsection (1) does not apply to any gaming machine advertising
published or caused to be published at any time during the period of 6 months
after the commencement of this section.
(3) A person (whether or not a
hotelier or club) must not, after the commencement of this section, enter into
or extend the duration of any contract or arrangement for the publication of
gaming machine advertising. : Maximum penalty--100 penalty units.
(4) Any
such contract or arrangement entered into or extended after the commencement
of this section has no effect.
(5) Regardless of any other provision of this
section, any contract or arrangement for the publication of
gaming machine advertising that was entered into before the commencement of
this section ceases to have effect 6 months after that commencement.
(5A) If
any gaming machine advertising that consists of internal promotional material
appears outside the hotel or the premises of the club to which the material
relates, it is a defence to a prosecution for an offence under subsection (1)
if it is proved that the material was removed from the hotel or club premises
by a patron of the hotel or club for his or her personal use or information.
(5B) For the purposes of subsection (5A),
"internal promotional material" means any written material (such as a brochure
or flyer) that-- (a) promotes (or otherwise relates to) the playing of
approved gaming machines in a hotel or on the premises of a club, and
(b) is
displayed or distributed by or on behalf of the hotelier or club in the hotel,
or on the club premises, only.
(6) In this section--
"gaming machine advertising" means any form of advertising that gives
publicity to, or otherwise promotes or is intended to promote-- (a) the
playing of approved gaming machines in a hotel or on the premises of a club,
or
(b) the supply, sale or manufacture of an approved gaming machine,
but
does not include any such advertising that is excluded from the operation of
this section by the regulations.
"publish" includes disseminate in any way, whether by oral, visual, written or
other means (for example dissemination by means of cinema, video, radio,
electronics, the Internet or television or by means of promotional material
such as club journals, brochures or flyers).
(7) The provisions of this
section are intended to operate as referred to in sections 12 (2) (e), 19 (5)
and 20 (3) of the Business Names Registration Act 2011 of the Commonwealth.
Note : Section 12 (2) (e) of the Business Names Registration Act 2011 of the
Commonwealth (the
"Commonwealth Act" ) provides that the business names legislation referred to
in that section is not intended to exclude or limit the concurrent operation
of a law of a State that imposes obligations on an entity or class of entities
that are in addition to obligations imposed under that Act.
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity
does not commit an offence under those sections concerning the inclusion or
display of registered business names in written communications and at places
of business if the inclusion, use or display of a business name in such a
communication or at such a place would be contrary to a law of a State.
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