Victorian Current Acts

GAMBLING REGULATION ACT 2003 - SECT 3.5.34AB

    (1)     A gaming operator must not publish or cause to be published any gaming machine advertising outside the gaming machine area of an approved venue.

Penalty:     120 penalty units.

    (2)     A person must not, on behalf of a gaming operator, publish or cause to be published any gaming machine advertising outside the gaming machine area of an approved venue.

Penalty:     120 penalty units.

    (3)     Despite subsection (1) or (2)—

        (a)     a loyalty scheme provider may, subject to section 3.5.40, disseminate gaming machine advertising to a participant in the loyalty scheme;

        (b)     a gaming operator, or a person acting on behalf of a gaming operator may disseminate gaming machine advertising to a person who requested, in writing, gaming machine advertising from the operator or person.

    (4)     Nothing in this section prohibits the publication of—

        (a)     any notice or information that is required by another provision of this Act or by the Commission to be published by or on behalf of a gaming operator; or

        (b)     any notice, information or gaming machine related sign permitted under section 3.5.35; or

S. 3.5.34AB
(4)(ba) inserted by No. 29/2009 s. 63(3).

        (ba)     a responsible gambling sign; or

        (c)     any advertising published by, or on behalf of, a gaming operator in relation to that part of the operator's business not associated with the conduct of gaming.

S. 3.5.34AB(5) repealed by No. 79/2011 s. 32(2).

    *     *     *     *     *

    (6)     In this section—

"gaming machine advertising" means any form of advertising that contains any information, term, expression, symbol or other thing associated with gaming machines, but does not include—

        (a)     any thing about, or the advertisement of services relating to, problem gambling; or

        (b)     technical information relating to the operation of a gaming machine;

"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)     For the purposes of the definition of gaming machine advertising in subsection (6), information or a term, expression, symbol or other thing is taken to be associated with gaming machines if a reasonable person with ordinary knowledge who is a resident of Victoria would consider it to be associated with gaming machines.

S. 3.5.34AC inserted by No. 4/2014 s. 31.