41Prohibited prizes

41 Prohibited prizes

41 Prohibited prizes

(1) The following prizes are prescribed for the purposes of section 12 of the Act—

(a) a tobacco, smoking or vaping product (within the meaning of section 23 of the Public Health (Tobacco) Act 2008),

(b) the provision of cosmetic surgery,

(c) a prize involving the administration to a person of a substance to which Division 1A of Part 3 of the Poisons and Therapeutic Goods Act 1966 applies,

(d) a prize that, if offered, contravenes a provision of any other law of this State or the Commonwealth.

Note.

See section 45 of the Gaming Machines Act 2001 which prohibits a promotional prize that exceeds $1,000 in value in connection with an approved gaming machine.

(2) In this clause—

cosmetic surgery means cosmetic surgery within the meaning of the Private Health Facilities Regulation 2017 that is for the purpose of improving a person’s personal appearance.

Note.

The offering of a prize that is prohibited because of this clause would mean that the gaming activity is not a permitted gaming activity and the conduct of the activity would be an offence under section 8 of the Act.