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(a) the member has expressly consented to receiving the promotional material and that consent has not been withdrawn, and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(ii) details of how consent may be withdrawn, and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(3) Unless withdrawn by the member concerned, any such consent by a member of a membership program established by a casino continues until the end of the membership period but may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].