41Gaming machine advertising and signs—exclusions

#### 41 Gaming machine advertising and signs—exclusions 41 Gaming machine advertising and signs—exclusions > > (1) Any gaming machine advertising that appears— > > > > > (a) in a gaming machine industry trade journal that is not ordinarily available to the general public, or > > > > > (b) in any promotional material provided by a registered club to a member of the club in accordance with subclause (4), or > > > > > (c) in a publication for a trade convention involving the gaming machine industry, or > > > > > (d) at a trade convention involving the gaming machine industry, or > > > > > (e) as part of an advertising campaign conducted by or on behalf of the State in relation to gambling harm, or > > > > > (f) as an accidental or incidental accompaniment to publishing of other matter and for which the person publishing the other matter does not receive any direct or indirect benefit (whether financial or not) for publishing the gaming machine advertising (in addition to any direct or indirect benefit that the person received for publishing the other matter), or > > > > > (g) in a publication advertising a public exhibition held at a State-owned museum or similar public institution, > > > > is excluded from the operation of section 43 of the Act. > > > (2) Without limiting subclause (1), gaming machine advertising is excluded from the operation of section 43 of the Act if the advertising— > > > > > (a) relates to the supply, sale or manufacture of an approved gaming machine, and > > > > > (b) is directed to or at a person or body in the gaming machine industry, and > > > > > (c) is not on public display or accessible to the general public. > > > (3) Nothing in section 43 or 44 of the Act prohibits any of the following— > > > > > (a) the use or display of the corporate name or logo (or other corporate identifier such as a brand name) of or belonging to a corporation that is the holder of a gaming machine dealer’s licence (including the use or display of any such name, logo or identifier on the corporation’s business premises or property (including vehicles), on corporate clothing worn by staff or on any other corporate merchandise), > > > > > (b) the publishing of an annual report, or other similar corporate report or material, of any such corporation, > > > > > (c) the operation of the website of any such corporation or of an industry association of which any such corporation is a member, > > > > > (d) the use by any such corporation of call-waiting telephone messages that advertise gaming machines, > > > > > (e) any advertising by any such corporation in a telephone or internet directory, > > > > > (f) the publication of analysts’ reports, newspaper reports or academic articles relating to any such corporation. > > > (4) A registered club may send promotional material that contains gaming machine advertising (as referred to in section 43(6) of the Act) to a member of the club 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 in accordance with clause 42, and > > > > > (c) the promotional material contains a notice referred to in clause 22(1)(b), and > > > > > (d) the promotional material contains a statement to the effect that the member may at any time withdraw the member’s consent to receiving any further promotional material, and > > > > > (e) the promotional material includes information or advertising apart from gaming machine advertising, and > > > > > (f) the club keeps a written record of the member’s consent to receiving the promotional material, and > > > > > (g) the member is not a participant in a self-exclusion scheme under section 49 of the Act with the club. > > > (5) Unless withdrawn by the member concerned, any such consent by a member of a registered club continues until the end of the membership period but may be renewed at the time the membership is renewed. > > > (6) Any gaming machine advertising (including any such advertising that is also a gambling-related sign as referred to in section 44 of the Act) that— > > > > > (a) appears or is stated inside a hotel or on the premises of a registered club, and > > > > > (b) cannot be seen or heard from outside the hotel or club, > > > > is excluded from the operation of section 43 of the Act. > > > (7) If the name (including the registered business name) of a registered club, as at 2 April 2002, constitutes gaming machine advertising under section 43 of the Act or a gambling-related sign under section 44 of the Act, the club is exempt from those sections to the extent that the publishing or displaying of the name is an offence under those sections. > > > (8) The mention of the name of a dealer or licensed auctioneer who supplies, sells or manufactures gaming machines does not, in itself, constitute gaming machine advertising for the purposes of section 43 of the Act. > > > (9) An approved gaming machine does not, in itself, constitute gaming machine advertising for the purposes of section 43 of the Act or a gambling-related sign for the purposes of section 44 of the Act. > > **cl 41:** Am 2024 (250), Sch 1\[8\].