The rules are built on several core concepts and definitions that determine when the restrictions apply and how they operate.

• Online content service provider and online content service: The instrument applies to providers and services as those terms are used in Schedule 8 to the Broadcasting Services Act 1992. The rules expressly rely on definitions in that Schedule for key expressions such as commentator betting odds promotion, coverage, gambling promotional content, in conjunction with, live, online content service and online content service provider (see note in section 6).
• Gambling promotional content and promotion of odds: Gambling promotional content is the general category; promotion of odds is defined as a distinct promotional reference that provides odds and includes any writing, still or moving picture, sign, symbol, visual image, audible message, or combination (section 6 definition of promotion of odds). The rules treat promotion of odds separately in Part 4 (section 14).
• Commentator betting odds promotion and representative venue-based promotion: The instrument singles out these two subtypes for particular treatment. A commentator betting odds promotion and representative venue‑based promotions are prohibited during the primary prohibition periods (sections 11 and 13), and the notes to those sections tie the concept of "in conjunction with live coverage" to specific time windows (30 minutes before scheduled start to 30 minutes after conclusion) as set out in Schedule 8 (see section 11 note and section 13 note).
• Timing concepts: Scheduled start, play and conclusion are defined to determine the relevant windows. Scheduled start must either be a specified time published clearly at least 24 hours before coverage or else the time coverage commences (section 10). Play is the period of actual play, including stoppages and time outs (section 9); commencement and conclusion of play are the formal start and end of the first and last match, even where multiple streams are used (section 9(2)). Time references use the legal time where the end‑user is located (section 7); that affects which time window applies to a given end-user.
• Session and sporting event: Definitions of session (sport-specific) and sporting event are used to apply sport‑specific allowances for promotion frequency and placement (section 6 and section 8). The rules also expressly exclude horse racing, harness racing and greyhound racing from the definition of sporting event for these rules (section 8(1)(2)).
• Safeguards: Representatives of gambling organisations that appear in permitted content must be identified, must not appear as commentators, and must not appear at or be represented as being at the venue (section 16). Permitted promotional content must not be directed at children, portray betting as a family activity, associate it with alcohol, make exaggerated claims or mislead, and must conclude with a responsible gambling message (section 17).
• Exceptions and exemptions: The rules provide detailed exceptions for scheduling changes, foreign-origin content the provider did not add, venue signage where no additional benefit is received, and where the end-user appeared to be at a permissive location (section 18). There are also content-type exceptions for government lotteries and non-gambling tourism/dining promotions that do not draw attention to gambling (section 19). A class exemption for Australian licensed wagering services is available subject to gating to adult logged-in users, notices in terms of use and on promotional ads (section 23).

These concepts determine both the substantive content that is regulated and the temporal windows during which the regulation operates. Many of the operative provisions are conditional on precise timings and facts, for example the 5‑minute and 30‑minute windows that define when content is "in conjunction with live coverage" (notes to sections 11, 12, 13, 14 and 15) and the sport‑specific schedules in the tables in sections 14(3) and 15(4).

The instrument applies to online content service providers who provide gambling promotional content in conjunction with live coverage of sporting events (section 4). That class is broad in its language and will capture:

• Streaming platforms, broadcasters and portals that supply live streams of sports over the internet where gambling promotion is presented alongside, within, or in relation to the live coverage.
• Third‑party content aggregators that host or distribute live sports streams and also host gambling promotional material as part of the content stream.
• Wagering operators that provide live streams on their online content services, except where they qualify for the class exemption in Part 7 (section 23).

Special treatment applies to Australian licensed wagering services. An online content service that is an Australian licensed wagering service is exempt from Parts 3 and 4 (the substantive prohibitions and restrictions on gambling promotional content) provided that access is limited to adult customers who are logged into their wagering account before accessing the content stream (section 23(1)), and the service satisfies the conditions on terms of use and advertising notices (section 23(2)-(3)). The definition of Australian licensed wagering service refers to operators licensed under State, Northern Territory or Australian Capital Territory law (section 6). Therefore licensed wagering services that fail to meet the gating and notice conditions remain subject to the substantive rules.

Other affected actors include:

• Representatives of gambling organisations who feature in permitted promotional content are subject to identification and role restrictions (section 16).
• End-users: the rules distinguish adults and children (section 6). Providers must take steps to prevent children from receiving certain promotional content, and the class exemption requires notice reminding customers to prevent children viewing the stream (section 23(2)(b)).
• ACMA: the Australian Communications and Media Authority receives record‑keeping rights and request powers under Part 6, notably the requirement for providers to make records available within 10 business days of a written request (section 22). The instrument is made by ACMA under Schedule 8 (section 3).

Geographical elements: the instrument applies to services provided on an online content service with time references keyed to the legal time where the end‑user is located (section 7). The rules include an exception for sporting events originating outside Australia where the provider did not add the gambling promotional content and it is not reasonably practicable to remove it (section 18(2)), signalling that the instrument addresses cross-border streaming realities but places the compliance on the provider to establish the circumstances of origin and control.

Excluded activities: the instrument does not treat horse, harness and greyhound racing as "sporting events" for the purposes of these rules (section 8(2)). Government lotteries and similar government-sanctioned games are carved out from Parts 3 and 4 if the promotion relates solely to them (section 19(1)).

In short, the regulated population is online content service providers that present live sports and any related gambling promotional content, with specific exemptions and additional obligations for Australian licensed wagering services and several narrowly-drawn exceptions.

The rules impose precise duties on providers and create limited rights or permissions in narrowly defined circumstances. Key duties and permissive rights are as follows.

Temporal prohibitions and permissions

• Absolute or near-absolute prohibition between 5:00 am and 8:30 pm: An online content service provider must not provide gambling promotional content that consists of commentator betting odds promotions or representative venue‑based promotions during 5:00 am to 8:30 pm when in conjunction with live coverage (section 11). More broadly, providers must not provide gambling promotional content generally in conjunction with live coverage during 5:00 am to 8:30 pm (section 12). The notes define the relevant "in conjunction with" periods as specific windows (30 minutes or 5 minutes depending on the subtype) referenced to scheduled start and conclusion (section 11 note; section 12 note).
• Night-time restrictions and limited permissions between 8:30 pm and 5:00 am: Commentator betting odds promotions and representative venue-based promotions remain prohibited during this night window when in conjunction with live coverage (section 13). Promotion of odds is generally prohibited in that window (section 14(1)), but narrowly permitted in the five minutes immediately before scheduled start and five minutes after conclusion (section 14(2)). Section 14(3) then allows promotion of odds during play for specific sports and then only subject to break length, frequency and placement rules in the sport tables.
• Other gambling promotional content (non-odds content) is mostly prohibited during 8:30 pm-5:00 am when in conjunction with live coverage (section 15(1)), but can be provided in unscheduled breaks, in the five minutes before scheduled start and five minutes after conclusion (section 15(2)), and in scheduled breaks defined for each sport where the instrument deems them to exist (section 15(3)-(4)).

Content composition and conduct duties

• Identification and role limits for representatives of gambling organisations: If permitted content features representatives, they must be clearly identified, must not appear as commentators, and must not appear at or be represented as being at the venue (section 16).
• Social responsibility duties: Permitted gambling promotional content must not be directed to children, portray children as gambling, portray gambling as a family activity, make exaggerated claims, promote gambling as a way to success, associate gambling with alcohol, or mislead the audience (section 17(1)). Permitted content must conclude with a responsible gambling message (section 17(2)).

Procedural and record-keeping duties

• Contracts and arrangements: Providers must keep copies of contracts or written arrangements under which they agree to provide gambling promotional content in conjunction with live coverage and retain those copies while in place and for six months after expiry or termination (section 20).
• Placement records and AV retention: Providers must make records sufficient to enable their compliance to be readily ascertained, including written records of date, duration and end-user location where known, and audio or audio‑visual records of the stream (section 21(1)(a)-(b)). Written records must be retained in custody for at least six months after the live coverage (section 21(2)). Audio/visual records must be kept for at least six weeks, or if a complaint is made within six weeks, for at least 90 days (section 21(3)).
• ACMA access: Providers must make available records retained under Part 6 to the ACMA within 10 business days of a written request (section 22).

Prescriptive requirements for published scheduling

• Scheduled start publication: To determine the scheduled start the provider must publish or notify a specified time of commencement at least 24 hours before coverage, in a manner clear and prominent to potential end-users; otherwise scheduled start is the time coverage commences (section 10). The 24‑hour publication obligation implicates providers that rely on the pre‑announced schedule to access allowances, for example promotion of odds permitted in the five minutes before scheduled start (sections 14(2), 15(2)).

Exemptions and conditional rights

• Circumstances beyond control and foreign-origin content: The rules give a safe harbour where the sporting event commences at a different time than publicised, provided the provider was notified less than one hour before scheduled start and the promotional content would not have contravened the rules had the event started as scheduled (section 18(1)). A separate safe harbour applies where the event originates outside Australia, the provider did not add the content, it is not reasonably practicable to remove it, and the provider receives no additional benefit for providing it (section 18(2)). There is also a carve out for incidental venue signage and uniforms, again conditional on absence of additional benefit (section 18(3)).
• Location-based allowance: Where, based on information reasonably ascertainable, an end-user appeared to be at a location where the content would be permitted, the provider will not contravene the rules (section 18(4)).
• Content-type carve-outs: Government sanctioned lotteries, entertainment or dining promotions at betting venues that do not draw attention to betting, and tourism promotions that do not draw attention to gambling, are not contraventions (section 19).

Class exemption conditions

• Australian licensed wagering services are exempt from Parts 3 and 4 if access is limited to adults logged into wagering accounts (section 23(1)). Such services must include in their terms of use a notification of the exemption and a reminder to prevent child viewing (section 23(2)). Ads promoting the live coverage must include a notice that the content is exempt from Parts 3 and 4 (section 23(3)).

These duties and rights are mostly operationally prescriptive and time‑sensitive. Rights to provide promotional content are carve-outs from the general prohibitions and are themselves conditional on duration, placement and content controls.

The instrument itself does not set out criminal or civil penalties within its text. It is an instrument made under Schedule 8 to the Broadcasting Services Act 1992 (section 3), and several provisions in the instrument create regulatory compliance mechanisms and ACMA oversight powers:

• Record access and production: Section 22 requires online content service providers to make available records retained under Part 6 to the ACMA within 10 business days of receipt of a written request. This is an express administrative enforcement lever: ACMA can request documents and the provider must comply within the stated timeframe.
• Mandatory record-keeping: Sections 20 and 21 impose detailed record-keeping obligations and minimum retention periods. These obligations create auditability and enable ACMA monitoring and enforcement where Schedule 8 or the Act confer enforcement powers.
• Construction as rules made under Schedule 8: The instrument states it is made under clauses of Schedule 8 to the Act (sections 3 and throughout notes). Enforcement in practice will be shaped by the powers and sanctions in the Act and Schedule 8, which are not reproduced in the provided text. The instrument’s text therefore presumes the existence of supervisory and enforcement powers under the parent statute.

Practically, enforcement will consist of ACMA monitoring, record requests, enquiries, complaints handling and any administrative action, the scope and nature of which depend on Schedule 8 and the Broadcasting Services Act statutory regime for contraventions, directions or sanctions. Because the instrument does not itself list penalties, a compliance-focused reader must look to the Broadcasting Services Act 1992 and Schedule 8 for specific enforcement powers, remedial measures and penalty structures.

Implementation and compliance enforcement risks

• Auditability and inducement to comply: The retention and production obligations give ACMA the practical ability to audit compliance. The short mandatory production timeframe of 10 business days (section 22) requires operational readiness to assemble and transmit records quickly.
• Reliance on scheduling and location evidence: The rules turn on published scheduled start times and on the legal time of the end‑user (sections 7 and 10). Disputes about what was published, what end-user legal time applied, and what the provider knew about end-user location may arise in enforcement actions.
• Evidence of commercial benefit: Several exceptions depend on absence of "direct or indirect benefit" to the provider (section 18(2)-(3)). Enforcement will likely require production of commercial arrangements and evidence of benefit, which the provider must retain under section 20. The instrument creates incentives for ACMA to examine contracts and commercial arrangements for signs of benefit.

Because the instrument defers to Schedule 8 for the statutory enforcement architecture, enforcement remedies and pecuniary penalties are not enumerated here. The instrument does, however, equip ACMA with administrative mechanisms to request records and investigate compliance.

The rules are expressly made under Schedule 8 to the Broadcasting Services Act 1992 and repeatedly cross‑reference definitions and procedural provisions contained in that Schedule (section 3; note in section 6). Interaction with other legal frameworks is therefore structured around three points in the instrument.

1. Parent Act and Schedule 8

• The instrument is a legislative instrument exercising powers in Schedule 8 to the Broadcasting Services Act 1992 (section 3). Several defined terms and procedural concepts are imported from Schedule 8 (section 6 note). As a rules instrument subordinate to the Act, its practical legal effect depends on the enforcement and compliance regime in Schedule 8 and the Act. Users should read this instrument alongside Schedule 8 for the full statutory context, including any remedies, infringement notices or enforcement processes that the Act provides.

2. State and Territory gambling licences

• The class exemption for Australian licensed wagering services recognises State, Northern Territory and Australian Capital Territory licensing regimes (section 6 definition of Australian licensed wagering service; section 23(1)). The exemption therefore interacts with licensing law administered by States and Territories: an operator must be licensed under State/NT/ACT law to be eligible for the class exemption. This creates a cross‑jurisdictional compliance nexus: a digital operator that holds a State/Territory licence may operate under the exemption but remains subject to the conditions in section 23 and must still comply with Part 6 record-keeping.

3. Consumer protection, advertising and media laws

• The instrument imposes content restrictions that overlap with existing advertising and consumer protection regimes. For example, the social responsibility requirements in section 17 (no exaggerated claims, no misrepresentations, not directed to children) reflect principles that also appear in general advertising standards and consumer law. The instrument does not displace those laws; rather it adds sector-specific obligations that run alongside other legal obligations a provider would have to meet.
• The instrument also interacts with privacy and data obligations in practice because it requires providers to record end‑user location where known (section 21(1)(a)). The record‑keeping and retention obligations will require providers to consider privacy and data‑retention laws when retaining identifiable or location information about end-users.

Practical overlap and operational interplay

• Time zones and end-user legal time: Section 7 makes time references depend on the legal time where the end‑user is located. This interaction requires providers to reconcile the instrument’s timing rules with any mapping of end-user location that may be governed by telecommunications, privacy or contractual arrangements.
• Contractual arrangements and evidence of benefit: Section 20 requires retention of commercial agreements, and section 18 uses "direct or indirect benefit" as a threshold in several exceptions. This means contract law and accounting records become relevant to prove the absence or presence of benefit when claiming exceptions under the instrument.
• Licensing and content access controls: The exemption in section 23(1) requires that the wagering service "is limited to customers who are adults and who are logged into their wagering account before access to the content stream is available." That repeats licensing or wagering‑operator obligations under State/Territory law and creates a contractual/technical gate that must be implemented consistent with wagering licensing conditions.

Limitations and absence of cross-reference detail

• The instrument does not reproduce Schedule 8’s enforcement or penalty provisions, nor does it list other Commonwealth statutes that may apply. It does state that references to other legislative instruments are read as in force from time to time and references to other instruments are read as in force at commencement (section 5). Practitioners should therefore treat this instrument as part of a network of statutory and regulatory obligations.

In short, the instrument is a sector-specific regulatory overlay that interacts with the Broadcasting Services Act 1992 (Schedule 8), State and Territory gambling licensing regimes, and other advertising, consumer protection and privacy frameworks. Compliance requires attention to the cross-cutting obligations and to the documentary and technical evidence that will be required if ACMA seeks to investigate.

The instrument as provided carries the date 23 August 2018 (the signature block identifies ACMA members and the date). Section 2 states the rules commence 30 days after registration on the Federal Register of Legislation. No subsequent amendments, variations, repeals or historical versions are included in the text provided. The instrument contains these history-relevant points:

• Made by the Australian Communications and Media Authority under specified clauses of Schedule 8 to the Broadcasting Services Act 1992 (section 3).
• Commencement is fixed relative to registration: 30 days after registration on the Federal Register of Legislation (section 2).
• Section 5 provides interpretive guidance on references to other legislative instruments as being read as in force from time to time, and other instruments to be read as in force at commencement; this addresses amendment interactions with referenced instruments.

Because the provided text does not include any subsequent amending instruments, numbered amendments, or a revision history, the instrument’s amendment history cannot be reported beyond its making date and commencement rule. Users seeking later amendments, revocations, or replacement rules must consult the Federal Register of Legislation or ACMA’s website to obtain any instruments that have modified these rules after the date appearing here.

The text of the instrument contains no cases, litigation references, judicial interpretations or reported decisions. It does not list any legal challenges to the instrument, nor does it cite case law. The instrument itself is a delegated legislative instrument and therefore any litigation challenging its validity, construction, or application would be conducted in the federal courts and reported separately; no such decisions are included in the provided material.

Practitioners wishing to know whether the rules have been the subject of judicial review, statutory interpretation disputes, constitutional challenge or enforcement proceedings should search case law databases and ACMA determinations or administrative decisions post-dating the instrument. The instrument’s text does not provide a litigation record. The only internal references are to Schedule 8 to the Broadcasting Services Act 1992 for definitions and procedural underpinning.

The rules are precise and operational in ways that create a number of practical pitfalls. The following are concrete implementation and legal risk points drawn from the instrument text.

Timing windows vary by content type and are short

• Two different "in conjunction with live coverage" windows: For commentator betting odds promotions and representative venue-based promotions, the "in conjunction with" window is 30 minutes before scheduled start to 30 minutes after conclusion (see notes to sections 11 and 13 referencing subclause 21(3) of Schedule 8). For other gambling promotional content, the window is 5 minutes before scheduled start to 5 minutes after conclusion (see notes to sections 12, 14 and 15 referencing subclause 21(1)). Confusing these windows in implementation can convert permitted night‑time content into a contravention during daytime hours.
• End-user legal time matters: All time references are to the legal time where the end-user is located (section 7). For global streaming or cross-border audiences, that requires accurate mapping of end-user location and time zone. Providers relying on server time alone risk misapplication.
• Scheduled start publication requirement: To rely on a published scheduled start time (which affects when "in conjunction with" windows apply), providers must publish the specified time in a clear and prominent manner at least 24 hours before commencement (section 10(a)). Failing to do so will make scheduled start default to the actual time the coverage commences (section 10(b)), which can narrow permitted windows for pre-event promotions.

Sport-specific frequency and break rules

• Sport tables impose different frequency and placement constraints: Section 14(3) and section 15(4) contain sport-specific tables that limit how often promotion of odds or other gambling promotional content can appear, and require that promotions during play occur only during distinct breaks of at least 90 seconds or at specified times (e.g. between sessions, between matches, at half time). Implementation must be sport-aware: a single generic "one ad per hour" policy is not sufficient.
• Scheduled breaks sometimes include non-obvious elements: For example, tennis allows promotion between sets and also in a 90-second break between matches during a session, including when coverage switches from one match to another (section 15(4) table). Streaming platforms that switch between courts must track the status of each match to determine whether a permitted window exists.

Record-keeping and evidence requirements

• Different retention periods for written and AV records: Written records must be kept for 6 months, AV records for 6 weeks unless a complaint arises, in which case retention is at least 90 days (section 21(2)-(3)). Providers must have storage and retention policies matching these differing minimums.
• Contracts and proof of benefit: Exceptions for foreign-origin content and venue signage depend on the provider not receiving "any direct or indirect benefit in addition to any direct or indirect benefit ... for providing the live coverage" (section 18(2)-(3)). Providers relying on these exceptions should expect ACMA to request contracts and financial records under section 20 and section 22 to verify benefit or the lack of it.

Representative appearances must be controlled

• Representatives cannot appear as commentators or be represented as at the venue (section 16). A casual on-screen appearance by a betting industry spokesperson who also provides commentary would breach section 16(2). Providers must carefully script and label appearances.

Class exemption has operational requirements

• Adult login gating required: The exemption in section 23 depends on the service being "limited to customers who are adults and who are logged into their wagering account before access to the content stream is available" (section 23(1)). The login mechanism must be secure and must reliably identify adults.
• Terms of use and ad notices mandated: The exemption requires specific notices to appear in terms of use and in advertisements promoting the live coverage (section 23(2)-(3)). Missing these notices invalidates the exemption, exposing the operator to Parts 3 and 4 rules.

Exceptions have evidentiary thresholds

• Less than one hour notice exception: If the sporting event commences at a different time and the provider was only made aware less than one hour prior to scheduled start, the provider will not contravene Parts 3 or 4 only if the content would not have contravened the rules had the event commenced as scheduled (section 18(1)). Providers must keep timestamped communications showing when they were notified and what steps they took.
• Foreign-origin and "did not add" exceptions: The provider must show it did not add the gambling promotional content and that it was not reasonably practicable to remove it (section 18(2)). This requires operational capability to remove or not add third-party content and contemporaneous logs showing attempts or the impossibility of removal.

Operational complexity for multi-stream and multi-event coverage

• Multiple streams do not change commencement/conclusion: Play commences at the formal start of the first match/game/race on each day and concludes at the formal end of the final match on each day, even with multiple streams (section 9(2)). Providers offering multi-court or multi-event coverage must determine which matches count for scheduled start/conclusion and for session rules.

Ambiguities and drafting traps

• "Direct or indirect benefit" is not defined: The phrase appears several times (section 18(2)-(3)) but is not defined in the instrument, so its scope will be contested if ACMA seeks evidence of benefit. Providers should conservatively collate any financial or promotional arrangements that might be construed as indirect benefits.
• "Not reasonably practicable to remove" is subjective: For foreign-origin content the provider must demonstrate it was not reasonably practicable to remove the content (section 18(2)(c)). Providers should document technical constraints and timelines showing removal was impracticable.

These "gotchas" show that compliance requires close operational alignment between schedule publication, geo-location and time mapping, sport-specific event tracking, contractual transparency, AV retention systems, and the gating and notice requirements for exempt wagering services.

The instrument imposes a set of interlocking operational, contractual and technical obligations. The following compliance checklist maps these obligations to concrete actions providers should take, citing the relevant sections.

1. Classify your service and content

• Determine whether your online content service provider is within scope (section 4). If you are an Australian licensed wagering service, consider whether you meet the exemption in section 23 and review the conditions in section 23(1)-(3).

2. Implement time and geo-location controls

• Ensure your systems determine the legal time where an end‑user is located for all live streams (section 7). Use reliable geo-location and timezone mapping to decide which temporal prohibition regime applies.
• Where relying on the 24-hour scheduled start publication, ensure the specified time is published clearly and prominently at least 24 hours before coverage and in locations where potential end-users will see it (section 10(a)). Keep evidence of publication (web pages, EP guides, push notifications, emails).

3. Segregate promotional content types

• Tag and catalogue promotional content by subtype: commentator betting odds promotions, representative venue-based promotions, promotion of odds, and other gambling promotional content. The different subtypes attract different windows and prohibitions (sections 11-15).
• Establish content rules: between 5:00 am and 8:30 pm, do not run any gambling promotional content in conjunction with live coverage (sections 11-12). Between 8:30 pm and 5:00 am, comply with the specific restrictions in sections 13-15.

4. Sport-aware scheduling and ad placement

• For promotion of odds and other gambling promotional content permitted during play in defined sports, implement sport-specific rules for placement, frequency and break length as specified in sections 14(3) and 15(4) tables. Example operational rules:
  • Tennis: no more than once per session for odds promotions and only between matches (section 14(3) table).
  • Cricket: promotions between sessions only and subject to once-per-day limitations (section 14(3) table).
  • Ensure promotions during play occur only during distinct breaks of at least 90 seconds where required (sections 14(3)(2), 15(3)).

5. Control appearances and scripting for representatives

• If a gambling organisation representative will appear, require clear on-screen identification, prohibit that individual from acting as a commentator, and avoid representing that the representative is at or around the venue (section 16). Update talent contracts and production scripts to reflect these constraints.

6. Content composition and responsible gambling messaging

• Ensure permitted gambling promotional content is not directed at children, does not portray children gambling, does not promote gambling as a family activity, does not make exaggerated claims, does not associate gambling with alcohol, and does not mislead (section 17(1)). Train marketing teams and creative agencies on these content restrictions.
• Append a responsible gambling message concluding permitted promotions (section 17(2)). Keep standard phrasing and clearance records to demonstrate compliance.

7. Publication and advertisement obligations for exempt services

• If claiming the Part 7 class exemption as an Australian licensed wagering service:
  • Gate the stream to adult customers who are logged into their wagering account before granting access (section 23(1)). Ensure account verification systems are robust and logged.
  • Put the exemption notification and a reminder about preventing child viewing into the terms of use for all content streams (section 23(2)).
  • Include a notice in each advertisement promoting the live coverage that the online content service is exempt from Parts 3 and 4 (section 23(3)). Retain copies of every promotional ad and its distribution schedule.

8. Record-keeping and audit readiness

• Retain copies of contracts or written arrangements under which gambling promotional content is provided, keep them while in force and for at least 6 months after expiry or termination (section 20). Store contracts with searchable metadata (dates, parties, benefit terms).
• Maintain written records of the date and duration of the content stream and location of end-users where known, and keep audio/AV recordings of the stream (section 21(1)(a)-(b)). Written records must be retained for at least 6 months after the live coverage (section 21(2)); AV records must be retained for at least 6 weeks, or 90 days if a complaint arises within the initial 6 weeks (section 21(3)). Design AV retention lifecycles accordingly.
• Prepare for ACMA requests: ensure you can make these records available within 10 business days of a written request (section 22).

9. Procedural documentation to support exceptions

• If relying on exceptions (section 18), maintain contemporaneous logs showing timing of notifications, the provider’s knowledge of schedule changes and efforts to remove content. For foreign-origin exceptions, document that the provider did not add the gambling promotional content and why it was not reasonably practicable to remove it, and record proof of no direct or indirect benefit beyond live coverage (section 18(2)).
• For venue signage or uniform name exceptions (section 18(3)), retain evidence that the content was incidental and that no additional benefit was received for providing that promotional content beyond the benefit of providing live coverage.

10. Internal governance and compliance training

• Update editorial and advertising policies to reflect prohibitions, time windows and sport-specific rules.
• Train production, editorial, ad sales and legal teams to identify different promotional types and apply the correct time windows.
• Institute pre-broadcast checklists that verify scheduled start publication 24 hours prior where relied upon, geo-location/time calculation for target end-user sets, talent compliance with section 16, and presence of responsible gambling messages.

11. Technical implementation

• Implement gating systems for exempt wagering services that record login events and adult verification before stream access.
• Tag promotional assets in ad servers and content management systems with metadata indicating type of promotion and permitted run times.
• Configure ad insertion systems to enforce break-length and frequency constraints from sections 14(3) and 15(4).

12. Contractual controls

• Make sure every commercial arrangement related to gambling promotional content is in writing so it can be retained as required by section 20, and that the contract language clarifies whether the provider receives any direct or indirect benefit to support or rebut section 18(2) exceptions.
• Include warranty and indemnity clauses in contracts with third-party content suppliers about compliance with these rules and about the origin of any gambling promotional content.

13. Privacy and data protection

• When recording end-user location data for compliance records (section 21(1)(a)), ensure retention and access are consistent with applicable privacy obligations. Limit retention to data necessary for compliance and secure access for ACMA requests.

14. Monitor changes to the legislative or regulatory environment

• Because this instrument is made under Schedule 8 to the Broadcasting Services Act 1992 and refers to other instruments (section 5), keep a watch for amendments to Schedule 8, the Act, ACMA guidance, or other legislative instruments that could alter enforcement or obligations.

Following this checklist aligns operational, technical, contractual and record-keeping practices with the requirements of the instrument. Providers should document decisions and retain the evidence that demonstrates compliance, because exceptions and defences depend on documentary proof of processes, timing and absence of benefit.