28Advertising relating to gaming machines—exclusions

#### 28 Advertising relating to gaming machines—exclusions 28 Advertising relating to gaming machines—exclusions > > (1) The following are excluded from the operation of section 70A of the Act— > > > > > (a) an advertisement relating to gaming machines that appears in any promotional material provided by a casino operator in accordance with subclause (2), > > > > > (b) an advertisement relating to gaming machines that— > > > > > > > (i) appears or is stated inside a casino or on the premises of a casino, and > > > > > > > (ii) cannot be seen or heard from outside the casino premises. > > > (2) A casino operator may send promotional material that contains an advertisement relating to gaming machines to a member of a membership program established by a casino but only if— > > > > > (a) the member has expressly consented to receiving the promotional material and that consent has not been withdrawn, and > > > > > (b) the promotional material contains a statement to the effect that player activity statements are available on request, and > > > > > (c) the promotional material contains the words approved for the notice referred to in clause 20(1), and > > > > > (d) the promotional material contains— > > > > > > > (i) a statement to the effect that the member may at any time withdraw consent to receiving any further promotional material, and > > > > > > > (ii) details of how consent may be withdrawn, and > > > > > (e) the promotional material includes information or advertising apart from advertising relating to gaming machines or a statement or notice required to be provided by the Act or this Regulation, and > > > > > (f) the casino operator keeps a record of the member’s consent to receiving the promotional material, and > > > > > (g) the member is not subject to an exclusion order. > > > (3) Unless withdrawn by the member concerned, any such consent by a member of a membership program established by a casino continues until the end of the membership period but may be renewed at the time the membership is renewed. > > **cl 28:** Am 2024 (374), Sch 1\[13\]–\[18\].