Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
gambling advertisement means an advertisement
that —
(a)
conveys, or is likely to be understood as conveying, the existence in this
State or elsewhere of a gambling operator; and
(b)
gives publicity to, or otherwise promotes or is intended to promote,
participation in gambling;
gambling operator means —
(a) a
person referred to in section 43A(3)(a) to (da) of the Act; or
(b) a
person or class of person prescribed under section 43A(3)(d) of the Act;
publish means to bring to the notice of the public
or a section of the public by means of newspaper, television, radio, the
internet or any other form of communication.
(2) A person must not
publish, or cause to be published, in this State a gambling advertisement
that —
(a)
procures, incites or encourages a person to commit an offence; or
(b)
shows a child gambling or at a place where gambling is, or is depicted as,
occurring; or
(c) is
false, misleading or deceptive; or
(d)
suggests that every bet placed with, or placed or accepted through, a gambling
operator will be successful; or
(e)
offers a benefit, consideration or reward in return for a person —
(i)
participating in gambling; or
(ii)
continuing to gamble; or
(iii)
opening a betting account with a gambling operator; or
(iv)
referring another person to open a betting account with a
gambling operator;
or
(f)
contains an express or implied inducement for a person to contact a gambling
operator other than in relation to food, accommodation or other
non‑gambling goods or services provided by the gambling operator; or
(g)
offers a person free or discounted liquor, as defined in the Liquor Control
Act 1988 section 3(1), if the person participates in gambling; or
(h) is
not in accordance with the following codes of practice —
(i)
the Australian Press Council’s Statement of
Principles (in the case of a press media advertisement);
(ii)
the Commercial Radio Code of Practice (in the case of a
commercial radio advertisement);
(iii)
the Community Radio Broadcasting Code of Practice (in the
case of a community radio advertisement);
(iv)
the Commercial Television Industry Code of Practice (in
the case of a commercial television advertisement);
(v)
the Community Television Code of Practice (in the case of
a community television advertisement).
Penalty for this subregulation: a fine of
$1 000.
(3)
Subregulation (2)(a) to (g) does not apply to a person who publishes, or
causes to be published, a gambling advertisement if the person —
(a) is
not the gambling operator to which the advertisement relates; and
(b) has
written approval to publish the advertisement from the gambling operator to
which the advertisement relates.
(4)
Subregulation (2)(e)(i) and (ii) does not apply to a benefit,
consideration or reward if —
(a) it
relates to a trade promotion lottery conducted by a gambling operator; or
(b) it
is in the form of a dividend paid by a gambling operator.
(5)
Subregulation (2)(e)(i) and (ii) and (f) does not apply to a gambling
advertisement if —
(a) it
is published by the gambling operator to which the advertisement relates; and
(b) it
is published only by sending it to persons who —
(i)
are existing customers of the gambling operator; and
(ii)
have consented to the gambling operator sending gambling
advertisements to them;
and
(c) it
includes instructions on how a person can withdraw their consent to, or
otherwise stop, the gambling operator sending gambling advertisements to them.
(6) A gambling
operator who publishes, or causes to be published, a gambling advertisement in
this State must ensure that —
(a) if
it is published in audio or audio‑visual form, it clearly and audibly
includes —
(i)
the telephone number of the national problem gambling
helpline or details of the national problem on‑line counselling website;
and
(ii)
the words “gamble responsibly” or a similar
responsible gambling message;
or
(b) in
any other case, it prominently displays the telephone number of the national
problem gambling helpline and details of the national problem on‑line
counselling website.
Penalty for this subregulation: a fine of
$1 000.
(7) A person must not
offer or provide, or cause to be offered or provided, to another person (the
second person ) a benefit, consideration or reward in return for the second
person —
(a)
participating in gambling; or
(b)
continuing to gamble; or
(c)
opening a betting account with a gambling operator; or
(d)
referring another person to open a betting account with a gambling operator.
Penalty for this subregulation: a fine of
$1 000.
(8)
Subregulation (7)(a) and (b) does not apply to a benefit, consideration
or reward if —
(a) it
relates to a trade promotion lottery conducted by a gambling operator; or
(b) it
is in the form of a dividend paid by a gambling operator; or
(c) it
is offered or provided to a person who is an existing customer of a gambling
operator in return for participating in gambling, or continuing to gamble,
with the gambling operator.
[Regulation 43 inserted: Gazette
8 Jan 2010 p. 17‑19; amended: Gazette
31 May 2019 p. 1718‑20.]