80Prohibitions on totalizator advertisements

#### 80 Prohibitions on totalizator advertisements 80 Prohibitions on totalizator advertisements > > (1) A licensee or any other person must not publish or communicate, or cause to be published or communicated, whether from in or outside New South Wales, any totalizator advertisement that may be accessible to a person in New South Wales and that contravenes any requirement of this section or the rules. > > > > Maximum penalty— > > > > > (a) for an individual—50 penalty units, or > > > > > (b) for a corporation—500 penalty units. > > > (2) A totalizator advertisement must not— > > > > > (a) encourage a breach of the law, or > > > > > (b) depict children gambling, or > > > > > (c) be false, misleading or deceptive, or > > > > > (d) suggest that winning will be a definite outcome of participating in gambling activities, or > > > > > (e) suggest that participation in gambling activities is likely to improve a person’s financial prospects, or > > > > > (f) promote the consumption of alcohol while engaging in gambling activities, or > > > > > (g) be published otherwise than in accordance with decency, dignity and good taste and, if the totalizator advertisement takes the form of a television advertisement, in accordance with the Commercial Television Industry Code of Practice registered by the Australian Communications and Media Authority as in force on the day on which the totalizator advertisement is published, or > > > > > (h) include any inducement to participate, or to participate frequently, in any gambling activity (including an inducement to open a betting account). > > > (3) (Repealed) > > > (4) A licensee or any other person must not publish, or cause to be published, any totalizator advertisement in writing in a newspaper, magazine, poster or other printed form that does not contain the advisory statement prescribed by the regulations for the purposes of this subsection. > > > > Maximum penalty— > > > > > (a) for an individual—50 penalty units, or > > > > > (b) for a corporation—500 penalty units. > > > (5) A licensee must not enter into or extend the duration of any contract or arrangement for the publication or communication of a totalizator advertisement that contravenes this section. > > > > Maximum penalty— > > > > > (a) for an individual—50 penalty units, or > > > > > (b) for a corporation—500 penalty units. > > > (6) A person (other than a licensee) does not commit an offence under this section in respect of the publication or communication of a totalizator advertisement if— > > > > > (a) the totalizator advertisement was in the form provided (directly or indirectly) or approved by or on behalf of a licensee for the purposes of its publication or communication, and > > > > > (b) the person has not been notified by or on behalf of the Minister that the publication or communication of the totalizator advertisement may contravene this section. > > **s 80:** Subst 2018 No 7, Sch 1.14 \[5\]. Am 2019 No 24, Sch 2\[3\].