New South Wales Consolidated Acts

PUBLIC LOTTERIES ACT 1996 - SECT 39

39 Advertising of public lotteries

(1) A licensee or other person who publishes, or causes to be published, any public lottery advertising that--

(a) is false, misleading or deceptive, or

(b) is in contravention of any requirement of the regulations,

is guilty of an offence.

: Maximum penalty--50 penalty units.

(1A) A court that finds a person guilty of an offence under this section may, in addition or as an alternative to any penalty that it may impose for the offence, make either or both of the following orders--

(a) an order requiring the person to publish an advertisement correcting any information contained in the public lottery advertising concerned that the court is satisfied is false, misleading or deceptive and giving directions (if any) that the court considers appropriate as to the time, form, extent and manner of publication,

(b) an order requiring any one or more of--

(i) the person, or

(ii) if the person is a corporation, a director of the corporation or a person concerned in the management of the corporation, or

(iii) an employee of the person (including a key employee),

to undertake any specified course of training that the court considers will promote responsible practices in the conduct of public lotteries by the person.

(1B) A person who, without lawful excuse, fails to comply with an order under this section is guilty of an offence.

: Maximum penalty--20 penalty units.

(2) The regulations may provide for the Minister or other person to grant exemptions from a regulation made under subsection (1) (b).

(3) In this section--

"public lottery advertising" means advertising that is directly related to the conduct of a public lottery.

"publication" includes dissemination of any kind, whether effected by oral, visual, written, electronic or other means (for example, dissemination by means of cinema, video, radio or television).