43Prohibition on publishing gaming machine advertising

#### 43 Prohibition on publishing gaming machine advertising 43 Prohibition on publishing gaming machine advertising > > (1) A person (whether or not a hotelier or club) must not publish or cause to be published any gaming machine advertising. > > > > Maximum penalty—100 penalty units. > > > (2) Subsection (1) does not apply to any gaming machine advertising published or caused to be published at any time during the period of 6 months after the commencement of this section. > > > (3) A person (whether or not a hotelier or club) must not, after the commencement of this section, enter into or extend the duration of any contract or arrangement for the publication of gaming machine advertising. > > > > Maximum penalty—100 penalty units. > > > (4) Any such contract or arrangement entered into or extended after the commencement of this section has no effect. > > > (5) Regardless of any other provision of this section, any contract or arrangement for the publication of gaming machine advertising that was entered into before the commencement of this section ceases to have effect 6 months after that commencement. > > > (5A) If any gaming machine advertising that consists of internal promotional material appears outside the hotel or the premises of the club to which the material relates, it is a defence to a prosecution for an offence under subsection (1) if it is proved that the material was removed from the hotel or club premises by a patron of the hotel or club for his or her personal use or information. > > > (5B) For the purposes of subsection (5A), internal promotional material means any written material (such as a brochure or flyer) that— > > > > > (a) promotes (or otherwise relates to) the playing of approved gaming machines in a hotel or on the premises of a club, and > > > > > (b) is displayed or distributed by or on behalf of the hotelier or club in the hotel, or on the club premises, only. > > > (6) In this section— > > > > gaming machine advertising means any form of advertising that gives publicity to, or otherwise promotes or is intended to promote— > > > > > (a) the playing of approved gaming machines in a hotel or on the premises of a club, or > > > > > (b) the supply, sale or manufacture of an approved gaming machine, > > > > but does not include any such advertising that is excluded from the operation of this section by the regulations. > > > > publish includes disseminate in any way, whether by oral, visual, written or other means (for example dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers). > > > (7) The provisions of this section are intended to operate as referred to in sections 12 (2) (e), 19 (5) and 20 (3) of the [Business Names Registration Act 2011](http://www.legislation.gov.au/) of the Commonwealth. > > > > Note. > > > > Section 12 (2) (e) of the [Business Names Registration Act 2011](http://www.legislation.gov.au/) of the Commonwealth (the Commonwealth Act) provides that the business names legislation referred to in that section is not intended to exclude or limit the concurrent operation of a law of a State that imposes obligations on an entity or class of entities that are in addition to obligations imposed under that Act. > > > > Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State. > > **s 43:** Am 2002 No 18, Sch 1 \[26\]–\[29\]; 2002 No 97, Sch 1.3 \[1\]; 2007 No 92, Sch 3 \[8\]; 2008 No 99, Sch 1 \[45\]; 2011 No 44, Sch 3.6 \[1\]; 2011 No 72, Sch 3 \[1\].