33HProhibitions on gambling-related advertisements

33H Prohibitions on gambling-related advertisements

33H Prohibitions on gambling-related advertisements

(1) A non-proprietary association or licensed betting service provider or any other person must not publish or communicate, or cause to be published or communicated, whether from in or outside New South Wales, any gambling advertisement that may be accessible to a person in New South Wales and that contravenes any requirement of this section.

Maximum penalty—

(a) for an individual—100 penalty units, or

(b) for a corporation—1000 penalty units.

(2) A gambling advertisement must not—

(a) encourage a breach of the law, or

(b) depict children gambling, or

(c) be false, misleading or deceptive, or

(d) suggest that winning will be a definite outcome of participating in gambling activities, or

(e) suggest that participation in gambling activities is likely to improve a person’s financial prospects, or

(f) promote the consumption of alcohol while engaging in gambling activities, or

(g) be published otherwise than in accordance with decency, dignity and good taste and, if the gambling advertisement takes the form of a television advertisement, in accordance with the Commercial Television Industry Code of Practice registered by the Australian Communications and Media Authority as in force on the day on which the gambling advertisement is published, or

(h) include any inducement to participate, or to participate frequently, in any gambling activity (including an inducement to open a betting account).

(3) The regulations may prescribe an advisory statement that must be part of a gambling advertisement published—

(a) in print, including a newspaper, magazine or poster, or

(b) in a form prescribed by the regulations.

(4) A person including a non-proprietary association or licensed betting service provider, must not publish, or cause to be published, a gambling advertisement unless the advertisement complies with subsection (3).

Maximum penalty—