33HAProhibition on direct marketing

#### 33HA Prohibition on direct marketing 33HA Prohibition on direct marketing > > (1) A non-proprietary association or licensed betting service provider or other person must not provide a gambling advertisement directly to a betting account holder by email, SMS text message or other direct means, unless the holder has given express and informed consent to receiving gambling advertisements directly by that means and has not withdrawn the consent. > > > (2) A non-proprietary association or licensed betting service provider or other person must not provide a gambling advertisement directly to a betting account holder by email, SMS text message or other direct means, unless the holder is provided with a means by which the holder can easily unsubscribe from receiving gambling advertisements. > > > (3) A person who requests a licensed betting service provider to close the person’s betting account is taken to have withdrawn consent to receive all gambling advertisements from or on behalf of the provider. > > > (4) A person is taken to have withdrawn consent to receive all gambling advertisements from or on behalf of the provider if the person has not logged into the person’s betting account for a period of 12 months. > > > (5) For the purposes of this section, the withdrawal of consent to receive gambling advertisements takes effect 24 hours after a betting account holder notifies the licensed betting service provider that provides the account of the withdrawal of consent. > > > (6) A person (other than a non-proprietary association or a licensed betting service provider) does not commit an offence under this section in respect of the provision of a gambling advertisement if— > > > > > (a) the gambling advertisement was in the form provided (directly or indirectly) or approved by or on behalf of a non-proprietary association or a licensed betting service provider for the purposes of being provided, and > > > > > (b) the person has not been notified by or on behalf of the Minister that the publication or communication of the gambling advertisement may contravene this section. > > Maximum penalty— > > > (a) for an individual—100 penalty units, or > > > (b) for a corporation—1000 penalty units. > > **s 33HA:** Ins 2019 No 24, Sch 1\[6\].