{"id":"F2018L01203","name":"Broadcasting Services (Online Content Service Provider Rules) 2018","slug":"broadcasting-services-online-content-service-provider-rules-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439746,"registerId":"F2018L01203-fast-fetch-1775955650238","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Broadcasting Services (Online Content Service Provider Rules) 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n \n\nBroadcasting Services (Online Content Service Provider Rules) 2018\n\n \n\nThe Australian Communications and Media Authority makes the following instrument under clauses 11, 16(2), 19, 22 and 23 of Schedule 8 to the Broadcasting Services Act 1992.\n\nDated: 23 August 2018\n\n \n\n \n\nJames Cameron\n\n[signed]\n\nMember\n\n \n\nCreina Chapman\n\n[signed]\n\nMember/General Manager\n\n \n\nAustralian Communications and Media Authority\n\n \n\n \n\n \n\n \n\n# Contents\n\n \n\n[Contents](#_Toc521483720)\n\n[Part 1 — Preliminary](#_Toc521483721)\n\n[1 Name](#_Toc521483722)\n\n[2 Commencement](#_Toc521483723)\n\n[3 Authority](#_Toc521483724)\n\n[4 Application of this instrument](#_Toc521483725)\n\n[5 References to other instruments](#_Toc521483726)\n\n[Part 2 — Interpretation](#_Toc521483727)\n\n[6 Definitions](#_Toc521483728)\n\n[7 References to time](#_Toc521483729)\n\n[8 Sporting events](#_Toc521483730)\n\n[9 Play](#_Toc521483731)\n\n[10 Scheduled start of a sporting event](#_Toc521483732)\n\n[Part 3 — Prohibition on gambling promotional content - 5:00 am to 8:30 pm](#_Toc521483733)\n\n[11 Prohibition of gambling promotional content that consists of commentator betting odds promotions or representative venue-based promotions](#_Toc521483734)\n\n[12 Prohibition of gambling promotional content (other than a commentator betting odds promotion or a representative venue-based promotion)](#_Toc521483735)\n\n[Part 4 — Rules for gambling promotional content – 8:30 pm to 5:00 am](#_Toc521483736)\n\n[13 Prohibition of gambling promotional content that consists of commentator betting odds promotions or representative venue-based promotions](#_Toc521483737)\n\n[14 Restrictions on promotion of odds](#_Toc521483738)\n\n[15 Restrictions on other gambling promotional content](#_Toc521483739)\n\n[Part 5 — Safeguards and exceptions](#_Toc521483740)\n\n[16 Restrictions relating to representatives of gambling organisations](#_Toc521483741)\n\n[17 Gambling promotional content to be socially responsible](#_Toc521483742)\n\n[18 Exceptions for certain circumstances beyond the control of the service provider](#_Toc521483743)\n\n[19 Exceptions for certain kinds of gambling promotional content](#_Toc521483744)\n\n[Part 6 — Record-keeping](#_Toc521483745)\n\n[20 Copies of commercial arrangements relating to gambling promotional content](#_Toc521483746)\n\n[21 Record of placement of gambling promotional material to be kept](#_Toc521483747)\n\n[22 Make records available to the ACMA](#_Toc521483748)\n\n[Part 7 — Class Exemption](#_Toc521483749)\n\n[23 Exemption for Australian licensed wagering services](#_Toc521483750)\n\n \n\n# Part 1 — Preliminary\n\n## 1 Name\n\n These are the Broadcasting Services (Online Content Service Provider Rules) 2018.\n\n## 2 Commencement\n\nThese rules commence on the day that is 30 days after these rules are registered on the Federal Register of Legislation.\n\n \n\nNote: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n## 3 Authority\n\n These rules are made under clauses 11, 16(2), 19, 22 and 23 of Schedule 8 to the Broadcasting Services Act 1992.\n\n## 4 Application of this instrument\n\n The rules in Parts 2 to 6 apply to online content service providers who provide gambling promotional content on online content services in conjunction with live coverage of a sporting event. A class exemption from the rules in Parts 3 and 4 is included in Part 7.\n\n## 5 References to other instruments\n\n In these rules, unless the contrary intention appears:\n\n(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n\n(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument. \n\nNote 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\nNote 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n# Part 2 — Interpretation\n\n## 6 Definitions\n\n In these rules:\n\nAct means the Broadcasting Services Act 1992.\n\nadult means an individual who is 18 years of age or older.\n\nAustralian licensed wagering service means a gambling service provided by way of an online content service by an operator licensed under the law of a State, the Northern Territory or the Australian Capital Territory to provide a gambling service.\n\nchild means an individual who has not reached 18 years of age.\n\nconclusion, in relation to a sporting event, means the conclusion of live coverage of play.\n\nodds means odds offered for a bet on the chance of any occurrence or outcome within a particular game or event, or the overall outcome of a game or event.\n\nplay has the meaning given by section 9.\n\npromotion of odds means gambling promotional content to the extent to which it is a distinct promotional reference that provides odds and includes any writing, still or moving picture, sign, symbol, other visual image, any audible message, or any combination of those things.\n\nresponsible gambling message means a short statement that can reasonably be taken to encourage responsible gambling in order to minimise the harm caused by problem gambling.\n\nscheduled break has the meaning given by subsection 15(4).\n\nscheduled start, in relation to a sporting event, has the meaning given by section 10.\n\nsession means\n\n(a) in relation to tennis, the day, twilight, or evening session of matches as scheduled by the organisers of the relevant tournament or competition;\n\n(b) in relation to Olympic and Commonwealth Games, the day, twilight and night group of events as scheduled by the organisers;\n\n(c) in relation to test cricket, any of the three distinct sessions of a match that are divided by lunch, tea and dinner breaks;\n\n(d) in relation to one-day cricket, each innings; and\n\n(e) in relation to motorsport, an individual race or practice session or qualifying session.\n\nsporting event has the meaning affected by clause 19 of Schedule 8 to the Act, and section 8 of these rules.\n\nunscheduled break means a break when play is suspended or delayed due to weather or other uncontrollable events, and participants are yet to enter the arena of play or have left the arena of play.\n\nNote 1: A number of other expressions used in these rules are defined in Schedule 8 to the Act, including the following:\n\n1. account;\n2. Australia;\n3. commentator betting odds promotion;\n4. coverage;\n5. gambling promotional content;\n6. in conjunction with;\n7. live;\n8. online content service;\n9. online content service provider;\n10. representative venue-based promotion.\n\n\n \n\nNote 2: Clause 22 of Schedule 8 to the Act provides that these rules may provide that scheduled start for a specified sporting event (or class of sporting events) has a particular meaning, as set out in the rules. Clause 23 of Schedule 8 to the Act provides that these rules may provide that conclusion for a specified sporting event (or class of sporting events) has a particular meaning, as set out in the rules.\n\n## 7 References to time\n\nIn these rules a reference to time is a reference to the legal time where the end-user of the online content service is located.\n\n## 8 Sporting events\n\n1. Without limiting what might otherwise be a sporting event, the following things are a sporting event:\n\n\n1. a single sports event, match or game;\n2. a single sports event, match or game that extends over multiple days;\n3. tournaments for a single sports event that involves concurrent or consecutive games or matches, whether over single or multiple days; and\n4. an electronic sports competition.\n\n\nNote: Subclause 19(2) of Schedule 8 to the Act provides that these rules may provide that a specified thing is taken to be a sporting event for the purposes of Schedule 8 to the Act. Subclause 19(1) of Schedule 8 to the Act specifies that the Summer Olympic Games, the Winter Olympic Games, the Commonwealth Games, and any similar games are a sporting event.\n\n1. The following things are not sporting events:\n\n\n1. horse racing;\n2. harness racing; and\n3. greyhound racing.\n\n\nNote: Subclause 19(3) of Schedule 8 to the Act provides that these rules may provide that a specified thing is taken not to be a sporting event for the purposes of Schedule 8 to the Act.\n\n## 9 Play\n\n1. For the purposes of these rules, play means the period of actual play or active progress of the sporting event and includes:\n\n\n1. stoppages for injuries;\n2. stoppages for adjudication of matters concerning play by game officials or other parties; and\n3. time outs and substitutions.\n\n\n1. For the avoidance of doubt, and notwithstanding the use of multiple streams by an online content service provider to deliver live coverage of a particular sporting event, play:\n\n\n1. commences at the formal start of the first match, game, race or similar of a sporting event on each day of play; and\n2. concludes at the formal end of the final match, game, race or similar of a sporting event on each day of play.\n\n\nNote: The commencement or conclusion of play, depending on the sport involved, may be ascertained by reference to a siren or whistle indicating that play should commence or cease.\n\n## 10 Scheduled start of a sporting event\n\nFor the purposes of these rules, the scheduled start of a sporting event to be provided on an online content service is:\n\n1. the specified time of commencement of the live coverage of play of the sporting event, which must be earlier than or at the commencement of actual play, as published or notified in a manner that is clear and prominent to potential end-users of the online content service at least 24 hours before the commencement of the coverage; or\n\n\n1. otherwise, the time the live coverage of the sporting event commences.\n\n\nNote 1: Paragraph (a) may be satisfied, for example, by including the specified time on the webpage where end-users are likely to access the online content service, by including it in an electronic program guide (if one is available to end-users), or by sending an email or push notification to end-users. \n\nNote 2: For the avoidance of doubt, for the purposes of paragraph (b), any content that is part of the coverage of the sporting event, including, without limitation, content that:\n\n- is hosted at, or takes place at the venue of the live sporting event;\n\n- contains commentary or analysis on the live sporting event;\n\n- contains highlights or replay coverage of the live sporting event; or\n\n- involves or profiles participants in the live sporting event;\n\nwhich is provided on the service before play has commenced, or during play, is content that consists of live coverage of the sporting event.\n\n \n\n# Part 3 — Prohibition on gambling promotional content - 5:00 am to 8:30 pm\n\n## 11 Prohibition of gambling promotional content that consists of commentator betting odds promotions or representative venue-based promotions\n\nAn online content service provider must not provide gambling promotional content that consists of a commentator betting odds promotion or a representative venue‑based promotion, on an online content service in conjunction with live coverage of a sporting event in the period beginning at 5:00 am and ending at 8:30 pm.\n\nNote: Gambling promotional content that consists of a commentator betting odds promotion or a representative venue-based promotion is provided on an online content service in conjunction with live coverage of a sporting event if, and only if, the content is provided on the service during the period:\n\n(a) beginning 30 minutes before the scheduled start of the sporting event; and\n\n(b) ending 30 minutes after the conclusion of the sporting event. (See subclause 21(3) of Schedule 8 to the Act.)\n\n## 12 Prohibition of gambling promotional content (other than a commentator betting odds promotion or a representative venue-based promotion)\n\nAn online content service provider must not provide gambling promotional content on an online content service in conjunction with live coverage of a sporting event in the period beginning at 5:00 am and ending at 8:30 pm.\n\nNote 1: Gambling promotional content (other than a commentator betting odds promotion or a representative venue-based promotion) is provided on an online content service in conjunction with live coverage of a sporting event if, and only if, the content is provided on the service during the period:\n\n(a) beginning 5 minutes before the scheduled start of the sporting event; and\n\n(b) ending 5 minutes after the conclusion of the sporting event. (See subclause 21(1) of Schedule 8 to the Act.)\n\nNote 2: For the avoidance of doubt, promotion of odds is a kind of gambling promotional content to which this section applies. Section 11 deals with commentator betting odds promotions and representative venue-based promotions.\n\n# Part 4 — Rules for gambling promotional content – 8:30 pm to 5:00 am\n\n## 13 Prohibition of gambling promotional content that consists of commentator betting odds promotions or representative venue-based promotions\n\nAn online content service provider must not provide gambling promotional content that consists of a commentator betting odds promotion or a representative venue‑based promotion, on an online content service in conjunction with live coverage of a sporting event in the period beginning at 8:30 pm and ending at 5:00 am.\n\nNote: Gambling promotional content that consists of a commentator betting odds promotion or a representative venue-based promotion is provided on an online content service in conjunction with live coverage of a sporting event if, and only if, the content is provided on the service during the period:\n\n(a) beginning 30 minutes before the scheduled start of the sporting event; and\n\n(b) ending 30 minutes after the conclusion of the sporting event. (See subclause 21(3) of Schedule 8 to the Act.)\n\n## 14 Restrictions on promotion of odds\n\n1. Subject to subsections (2) and (3), an online content service provider must not provide promotion of odds on an online content service in conjunction with live coverage of a sporting event in the period beginning at 8:30 pm and ending at 5:00 am.\n2. An online content service provider is permitted to provide promotion of odds on an online content service in conjunction with live coverage of a sporting event in the period beginning at 8:30 pm and ending at 5:00 am:\n\n\n1. in the five minutes before the scheduled start of the sporting event; and\n2. in the five minutes after the conclusion of the sporting event.\n\n\n1. An online content service provider is permitted to provide promotion of odds on an online content service in conjunction with live coverage of a sporting event, during play of a sporting event listed in column 1 of the following table, in the manner described in column 2 of the corresponding row of the table, provided that:\n\n\n1. it occurs in the period beginning at 8:30 pm and ending at 5:00 am;\n2. it is part of a distinct break of at least 90 seconds; and\n3. the promotion is not for a race, match or game that has already commenced.\n\n| Column 1 – Sporting event | Column 2 – Permitted promotion of odds |\n| --- | --- |\n| Tennis | Not more than once per session. To be placed between matches. |\n| Golf | Not more than once each day of competition. |\n| Formula 1, Moto GP and supercars | Not more than once each day. To be placed no later than the end of the warm up lap for the relevant feature race. |\n| Cricket | Not more than once each day. To be placed between sessions. |\n| Olympic and Commonwealth Games | Not more than once every three hours. |\n\n| Rugby Union Sevens, Rugby Union Tens and Rugby League Nines Tournaments (or other similar tournaments) | Between matches and not more than 4 times on each day of competition. |\n| --- | --- |\n| Another single sport event, match or game continuing over multiple days; or
Another tournament involving concurrent or consecutive games or matches continuing over single or multiple days | Not more than once each day. |\n\n\nNote 1: Gambling promotional content (other than a commentator betting odds promotion or a representative venue-based promotion) is provided on an online content service in conjunction with live coverage of a sporting event if, and only if, the content is provided on the service during the period:\n\n(a) beginning 5 minutes before the scheduled start of the sporting event; and\n\n(b) ending 5 minutes after the conclusion of the sporting event. (See subclause 21(1) of Schedule 8 to the Act.)\n\nNote 2: Promotion of odds is the kind of gambling promotional content to which this section applies. Section 13 deals with commentator betting odds promotions and representative venue-based promotions. Section 15 deals with other gambling promotional content.\n\n## 15 Restrictions on other gambling promotional content\n\n1. Subject to subsections (2) and (3), an online content service provider must not provide gambling promotional content (other than promotion of odds, a commentator betting odds promotion or a representative venue-based promotion) on an online content service in conjunction with a live coverage of a sporting event in the period beginning at 8:30 pm and ending at 5:00 am.\n2. An online content service provider is permitted to provide gambling promotional content (other than promotion of odds, a commentator betting odds promotion or a representative venue-based promotion) on an online content service in conjunction with live coverage of a sporting event in the period beginning at 8:30 pm and ending at 5:00 am provided that it is:\n 1. during an unscheduled break in play;\n 2. in the five minutes before the scheduled start of the sporting event; or\n 3. in the five minutes after the conclusion of the sporting event.\n3. An online content service provider is permitted to provide gambling promotional content (other than promotion of odds, a commentator betting odds promotion or a representative venue-based promotion) on an online content service, in conjunction with live coverage of a sporting event, during a scheduled break (within the meaning of subsection (4)) in a sporting event in the period beginning at 8:30 pm and ending at 5:00 am.\n4. For each sporting event listed in column 1 of the following table, the break in play referred to in column 2 of the corresponding row of the table is deemed to be a scheduled break in that sporting event in the period beginning at 8:30 pm and ending at 5:00 am.\n\n\n \n\n| Column 1 – Sporting event | Column 2 – Scheduled Break |\n| --- | --- |\n| Test Cricket | Between each session (For example, the lunch break and the tea break).
Drinks break.
Change of innings. |\n| One Day International Cricket | Between each session (that is, the change of innings).
Drinks break. |\n| T20 Cricket | Between each session (that is, the change of innings).
Between the conclusion of the second innings and any super overs.
Between super overs. |\n| Rugby League and Rugby Union | Half time.
Between full time and commencement of extra time. |\n| Soccer | Half time.
Between full time and extra time.
Between extra time and the commencement of a penalty shoot-out. |\n| AFL | Quarter time, half time and three-quarter time.
Between full time and extra time. |\n| Tennis | Between each set.
In a break of at least 90 seconds between two matches during a session (including when during a session the coverage switches from one match still in play to another match in play at the same time). |\n| Formula 1, Moto GP and Supercars (non-endurance races) | Between each practice round, qualifying round and race. |\n| Basketball | Between each quarter.
Between full time and overtime. |\n| Netball | Between each quarter. Between full time and overtime. |\n| Golf, Supercars (endurance races), Swimming Championships | Not more than once every hour as part of a distinct break of at least 90 seconds. |\n| Olympic and Commonwealth Games | Between each day, twilight and night session.
Not more than once every two hours as part of a distinct break of at least 90 seconds (including when during a session the coverage switches from one event still in play to another event in play at the same time). |\n| Where the rules and regulations of sports not otherwise listed in this table do provide for scheduled breaks | During scheduled breaks as determined by the rules and regulations of the sport. |\n| Where the rules and regulations of sports not otherwise listed in this table do not provide for any scheduled breaks | Not more than once every hour as part of a distinct break of at least 90 seconds. |\n\n\nNote 1: Gambling promotional content (other than a commentator betting odds promotion or a representative venue-based promotion) is provided on an online content service in conjunction with live coverage of a sporting event if, and only if, the content is provided on the service during the period:\n\n(a) beginning 5 minutes before the scheduled start of the sporting event; and\n\n(b) ending 5 minutes after the conclusion of the sporting event. (See subclause 21(1) of Schedule 8 to the Act.)\n\nNote 2: This section deals with gambling promotional content other than promotion of odds, commentator betting odds promotions and representative venue-based promotions. Promotion of odds is dealt with in section 14. Section 13 deals with commentator betting odds promotions and representative venue-based promotions. \n\n# Part 5 — Safeguards and exceptions\n\n## 16 Restrictions relating to representatives of gambling organisations\n\nIf an online content service provider provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event as permitted by these rules, any representative of a gambling organisation who features in that content must:\n\n1. be clearly identified;\n2. not appear as a commentator; and\n3. not appear at or around the venue, or be represented as being at or around the venue, where the sporting event is taking place.\n\n\n## 17 Gambling promotional content to be socially responsible\n\n1. If an online content service provider provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event as permitted by these rules, that content must not:\n\n\n1. be directed to children;\n2. portray children as participating in betting or gambling;\n3. portray betting or gambling as a family activity;\n4. make exaggerated claims;\n5. promote betting or gambling as a way to success or achievement;\n6. associate betting or gambling with alcohol; or\n7. mislead the audience.\n\n\n1. If an online content service provider provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event, as permitted by these rules, that content must conclude with a responsible gambling message.\n\n\n## 18 Exceptions for certain circumstances beyond the control of the service provider\n\n1. An online content service provider that provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event will not contravene Parts 3 or 4, where all of the following circumstances exist:\n\n\n1. the sporting event commences at a different time to the scheduled start of the sporting event, as publicised in accordance with paragraph 10(a);\n2. the provider was only made aware less than one hour prior to the scheduled commencement of the sporting event that the actual commencement of the sporting event would be different to the scheduled start of the sporting event, as publicised in accordance with paragraph 10(a); and\n3. the provision of the gambling promotional content would not have contravened Parts 3 or 4, had the sporting event commenced at the scheduled start of the sporting event, as publicised in accordance with paragraph 10(a).\n\n\n1. An online content service provider that provides gambling promotional content on an online content service, in conjunction with live coverage of a sporting event, will not contravene Parts 3, 4 or this Part, where all of the following circumstances exist:\n\n\n1. the sporting event originates from outside Australia;\n2. the online content service provider did not add the gambling promotional content;\n3. it is not reasonably practicable for the provider to remove the gambling promotional content; and\n4. the provider does not receive any direct or indirect benefit (whether financial or not) for providing the gambling promotional content in addition to any direct or indirect benefit that the provider receives for providing the live coverage of the sporting event.\n\n\n1. An online content service provider that provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event will not contravene Parts 3, 4, or this Part, where the reference to gambling promotional content occurs as part of live coverage of the sporting event, and consists of the name of the sporting venue, or of a player’s or official’s uniform, or of advertising signage, such as a field barrier, big screen or scoreboard, at the venue of the sporting event, and the provider does not receive any direct or indirect benefit (whether financial or not) for providing the gambling promotional content, in addition to any direct or indirect benefit that the provider receives for providing the live coverage of the sporting event.\n2. An online content service provider that provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event will not contravene Parts 3 or 4, where both of the following circumstances exist:\n\n\n1. based on all the information reasonably ascertainable, the end-user appeared to be at a particular location (the purported location); and\n2. the provision of the gambling promotional content would not have contravened Parts 3 or 4 had the end-user been at the purported location.\n\n\n## 19 Exceptions for certain kinds of gambling promotional content\n\nAn online content service provider that provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event will not contravene Parts 3, 4 or this Part in respect of any gambling promotional content that:\n\n1. relates solely to Government sanctioned lotteries, lotto, keno or competitions;\n2. relates to entertainment or dining facilities at places where betting or gambling takes place, provided that the promotional content does not draw attention to betting or gambling; or\n3. relates to tourism, provided that the promotional content does not draw attention to betting or gambling.\n\n\n \n\n \n\n# Part 6 — Record-keeping\n\n## 20 Copies of commercial arrangements relating to gambling promotional content\n\nAn online content service provider who provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event must:\n\n1. keep a copy of any contracts or written arrangements in place or entered into under which the provider agrees to provide gambling promotional content in conjunction with live coverage of the sporting event; and\n2. ensure that a copy of each contract or written arrangement referred to in paragraph (a) is kept while the agreement or contract is in place, and for 6 months following the expiry or termination of the agreement or contract.\n\n\n## 21 Record of placement of gambling promotional material to be kept\n\n1. An online content service provider who provides gambling promotional content on an online content service in conjunction with live coverage of a sporting event must make records sufficient to enable the provider’s compliance with these rules to be readily ascertained, including without limitation:\n\n\n1. written records of the date and duration of the content stream of the live coverage of the sporting event and the location of the relevant end-users where known; and\n2. audio or audio‑visual records, as the case may be, of the stream of the live coverage of the sporting event.\n\n\n1. A written record, made in accordance with paragraph (1)(a), must be retained in the online content service provider’s custody for at least 6 months after the day the live coverage of the sporting event to which the record relates was provided on the online content service.\n2. An audio or audio‑visual record, made in accordance with paragraph (1)(b), must be retained in the online content service provider’s custody:\n\n\n1. for at least 6 weeks after the day the live coverage of the sporting event to which the record relates was provided on the online content service; or\n2. if, before the end of those 6 weeks, the provider becomes aware that a complaint has been made about compliance with these rules, in respect of that sporting event—for at least 90 days after the day the live coverage of the sporting event was provided.\n\n\n## 22 Make records available to the ACMA\n\nAn online content service provider must make available to the ACMA, any records retained by the provider under this Part (whether or not the minimum period for retaining the records has passed) within 10 business days of receipt of a written request from the ACMA for those records.\n\nNote: For the avoidance of doubt, online content service providers who provide gambling promotional content on an online content service in conjunction with live coverage of a sporting event, that are exempt under Part 7, must still comply with this Part 6– see section 4. \n\n# Part 7 — Class Exemption\n\n## 23 Exemption for Australian licensed wagering services\n\n1. Subject to subsections (2) and (3), an online content service that is an Australian licensed wagering service is exempt from Parts 3 and 4 if the provision of the service is limited to customers who are adults and who are logged into their wagering account before access to the content stream is available.\n2. A service is not exempt under subsection (1) unless it includes the following in the terms of use for all content streams it provides:\n 1. a notification that the service is exempt from Parts 3 and 4 of these Rules; and\n 2. a reminder that the customer must take all reasonable steps to prevent a child from viewing the content stream.\n\n\n1. A service is not exempt under subsection (1) unless each advertisement promoting the live coverage of the sporting event includes a notice that the online content service is exempt from Parts 3 and 4 of these Rules. \n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a targeted instrument regulating gambling promotional content in online sports streaming. The class exemption in Part 7 for Australian licensed wagering services was an anticipated regulatory mechanism (referenced in section 4) rather than a scope expansion. The detailed sport-specific tables and layered exceptions reflect the necessary granularity for operational enforcement rather than mission creep."},"complexity_factors":["Multiple overlapping time periods with different rules (5am-8:30pm vs 8:30pm-5am)","Sport-specific scheduling tables with varying frequencies and placement rules (14 distinct sporting categories in section 15)","Nested definitions requiring cross-reference to Schedule 8 of the Broadcasting Services Act 1992 (10 defined terms in Note 1 to section 6)","Multiple exception categories in Part 5 with cumulative conditions (section 18 has 4 separate exception clauses, each with 2-4 conditions)","Dual commencement/conclusion windows (5-minute vs 30-minute windows depending on ad type)","Geographic time calculation based on end-user location (section 7)","Conditional exemptions with substantive compliance requirements (section 23 requires both technical restrictions AND specific contractual disclosures)"],"plain_english_summary":"These rules limit when and how gambling advertising can appear in live online sports streams, affecting streaming platforms, betting companies, and viewers (especially families and children). They ban or tightly restrict ads during key viewing times and impose safeguards, record‑keeping, and an exception for licensed sites that restrict access to logged‑in adults. The aim is to extend TV‑style protections to online sport and reduce children’s exposure to gambling promotion."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument implements and operationalises the delegated powers in Schedule 8 to the Broadcasting Services Act 1992 by defining precise timing, placement and record‑keeping rules for gambling promotional content during live sports streams. It does not materially expand the statutory scope granted to the regulator; rather it narrows and clarifies the application (for example by explicitly excluding horse/harness/greyhound racing from the definition of sporting event in s8, by including electronic sports in s8(1)(4), and by specifying detailed time windows and sport‑specific placement rules in Parts 3–4). In sum, the instrument translates Schedule 8’s high‑level mandate into detailed operational rules without significantly extending the legal reach beyond what Schedule 8 authorised."},"complexity_factors":["Multiple time windows with different rules (5:00–8:30 and 8:30–5:00) and distinct permitted exceptions (Parts 3–4).","Numerous defined terms in s6 plus reliance on additional definitions in Schedule 8 to the Broadcasting Services Act 1992 (cross‑referencing).","Sport‑specific tables with different frequency, placement and duration rules (sections 14–15) creating per‑sport conditional logic.","Nested exceptions and safeguards (Part 5: sections 16–19) including multiple factual tests (e.g. origin of content, benefit to provider, unforeseeable start times).","Record‑keeping and retention rules with differing retention periods (6 months for contracts, 6 weeks or 90 days for AV records) and mandatory production timelines (sections 20–22).","Class exemption with three substantive operational conditions (account login, terms of use notice, advertising notice) (section 23).","Operationally dependent definitions (scheduled start, play, scheduled/unscheduled break) that require factual determinations by providers (sections 9–10 and notes).","Cross-references to Schedule 8 and multiple Notes which import legal meaning externally (requires reading Act + Schedule 8).","Multiple small timing windows relevant to what counts as “in conjunction with” (e.g. 5 minutes or 30 minutes before/after depending on promotion type) (notes to sections 11–15).","Enforcement and disclosure duty to ACMA with a short compliance turnaround (10 business days) introduces investigative complexity (section 22)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- These are rules made by the Australian Communications and Media Authority (ACMA) that set out when and how online content service providers may show gambling promotional material during live coverage of sporting events. (See Parts 3–5: sections 11–17.)\n- The rules split time into two bands and impose different controls in each:\n - **Daytime ban (5:00 am to 8:30 pm)** – gambling promotional content is prohibited in conjunction with live sports coverage during these hours (sections 11–12). The relevant windows for what counts as “in conjunction with” depend on the type of promotion (see notes to sections 11–12).\n - **Night-time limits (8:30 pm to 5:00 am)** – some limited gambling promotions are permitted subject to detailed limits on timing, frequency, placement and duration (sections 13–15). Tables in section 14–15 specify permitted placements for different sports and require distinct breaks (usually at least 90 seconds) for in-play promotions.\n- The rules require safeguards for any permitted gambling promotional content: representatives must be identified and not act as commentators (section 16); content must not be directed at children, portray gambling as family activity or make exaggerated or misleading claims; it must end with a responsible gambling message (section 17).\n- There are specified exceptions where providers will not breach the rules (for example, unforeseeable changes to start time, content originating overseas that the provider did not add and cannot reasonably remove, venue signage that the provider does not benefit from) (section 18). Certain non-gambling promotions (government lotteries, tourism or dining promotions that do not draw attention to gambling) are also excepted (section 19).\n- Record-keeping obligations: providers who show gambling promotional content in conjunction with live sports must keep contracts and placement records, retain written logs for 6 months and audio/AV records for at least 6 weeks (longer if there is a complaint), and supply records to ACMA on request within 10 business days (sections 20–22).\n- Class exemption: Australian-licensed online wagering services can be exempt from the daytime and night-time prohibitions (Parts 3 and 4) provided access is limited to logged-in adult customers and specific notices are included in terms of use and advertising (section 23).\n\n**Who this affects**\n\n- Primary regulated parties: online content service providers that stream live sporting events to end‑users (see section 4 and definitions in section 6). This includes broadcasters who distribute streams via websites, apps or other online platforms.\n- Secondary affected parties: online wagering operators (both those who run their own streams and those who place promotional material), advertisers, sports rights-holders who package streams, and platform engineers who implement geolocation, login gates and ad-insertion controls.\n- End-users: adults and children who view live sporting streams; the rules target content visible to end-users (see section 7 on time referenced to end‑user location).\n\n**Why it matters (stated purpose and practical effects)**\n\n- The stated policy purpose is to limit exposure of gambling promotion during live sports, especially at times when children may be watching, while allowing tightly controlled promotion at other times (see Parts 3–5). The rules operationalise that purpose by outlawing most gambling promotional content during the daytime window and by tightly regulating allowed content overnight.\n\n- Practical consequences and trade-offs:\n - **Compliance and operational costs**: service providers must implement content-filtering and ad-scheduling systems tuned to end‑user legal time zones (section 7), maintain logs and audio/AV archives, and be able to respond to ACMA record requests within 10 business days (sections 20–22). These are tangible IT, staffing and storage costs.\n - **Revenue impacts and incentives**: restrictions reduce the ability to monetise live sports with gambling ads during the daytime window; the class exemption (section 23) creates an incentive for wagering services to route viewers through logged-in, age‑gated services to continue promotions, or for advertisers to seek exempted placements (e.g. account‑walled streams).\n - **Substitution effects**: promoters may shift activity to (a) short permitted windows (five minutes before/after) or scheduled breaks at night (sections 14–15); (b) non-live content, highlights or pre/post programming not “in conjunction with” live coverage; or (c) venue signage and player uniforms (but only where the provider does not receive additional benefit) (section 18(1)(c)).\n - **Competition and market structure**: licensed Australian wagering services can continue promotions on account‑locked streams if they meet the exemption conditions (section 23), which advantages operators who can authenticate customers and meet terms-of-use/ad-notice requirements. Foreign-origin streams that the provider did not add and cannot remove may still carry promotions under narrow conditions (section 18(2)), which could protect some cross‑border content but also creates complexity in consistent enforcement.\n - **Implementation risks and discretion**: the rules depend on several operational determinations—identifying scheduled starts (section 10 requires a clear publicised start time 24 hours ahead where possible), distinguishing scheduled/unscheduled breaks and play (sections 9, 14(3), 15(3)–(4)), and reliably determining an end-user’s local time and location (section 7). ACMA enforces compliance and can request records (section 22), giving the regulator practical discretion in investigations.\n\n**Who pays, who decides and what behaviour changes**\n\n- Who pays: online content service providers bear compliance costs (technical controls, record retention, legal review), and advertising revenues tied to gambling promotions may decline for non-exempt streams. Wagering services that implement login gating and notice requirements incur account‑management and marketing-cost changes to preserve promotional access.\n- Who decides daily: providers decide whether and how to show promotions (within the rules), and ACMA decides enforcement actions and requests records (sections 3, 22). Rights‑holders and platforms decide stream packaging (which can affect whether content is “in conjunction with” live coverage).\n- Behaviour changes expected: tighter scheduling of gambling promotions, increased use of login-gated streams by wagering operators, heightened record-keeping and internal compliance controls, and substitution of gambling promotion to non-live or venue-based forms where permitted.\n\n**Concrete legal hooks to check when operationalising the rules**\n\n- Daytime prohibition: sections 11–12 (5:00 am–8:30 pm).\n- Night-time limited permissions and sport-specific rules: sections 13–15 (8:30 pm–5:00 am) and the sport tables in those sections.\n- Safeguards: identification and non-commentator rule for representatives (section 16); social-responsibility requirements and mandatory responsible-gambling message (section 17).\n- Exceptions: unforeseen start-time changes, overseas-origin content that the provider did not add, venue signage, and location-based exceptions (section 18); content types excluded (section 19).\n- Records and inspection: sections 20–22.\n- Class exemption for Australian licensed wagering services and its conditions: section 23.\n\n**Potential frictions and operational uncertainties** (brief)\n\n- Accurate end-user time/location resolution at scale (section 7).\n- Timing determination where the scheduled start was not publicly notified 24 hours prior (section 10).\n- Categorising content as “in conjunction with” live coverage (notes to sections 11–15) and distinguishing commentator betting odds promotions from other promotions (definitions in Schedule 8 to the Act).\n- Applying sport-specific frequency and break-length rules in multi-stream or multi-match coverage (sections 14–15)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-online-content-service-provider-rules-2018","history":"/api/acts/broadcasting-services-online-content-service-provider-rules-2018/history","analysis":"/api/acts/broadcasting-services-online-content-service-provider-rules-2018/analysis","conflicts":"/api/acts/broadcasting-services-online-content-service-provider-rules-2018/conflicts","importantCases":"/api/acts/broadcasting-services-online-content-service-provider-rules-2018/important-cases","documents":"/api/acts/broadcasting-services-online-content-service-provider-rules-2018/documents"}}