NSWIn ForceAct
Totalizator Act 1997
80AAProhibition on direct marketing
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#### 80AA Prohibition on direct marketing
80AA Prohibition on direct marketing
> > (1) A licensee or other person must not provide a totalizator advertisement directly to the betting account holder by email, SMS text message or other direct means, unless the holder has given express and informed consent to receiving totalizator advertisements directly by that means and has not withdrawn the consent.
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> > (2) A licensee or other person must not provide a totalizator advertisement directly to the betting account holder by email, SMS text message or other direct means, unless the holder is provided with a means by which the holder can easily unsubscribe from receiving totalizator advertisements.
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> > (3) A person who requests a licensee to close the person’s betting account is taken to have withdrawn consent to receive all totalizator advertisements from or on behalf of the licensee.
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> > (4) For the purposes of this section, the withdrawal of consent to receive totalizator advertisements takes effect 24 hours after the holder of the betting account notifies the licensee that provides the account of the withdrawal of consent.
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> > (5) A person (other than a licensee) does not commit an offence under this section in respect of the provision of a totalizator advertisement if—
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> > > (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 being provided, and
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> > > (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.
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> Maximum penalty—
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> > (a) for an individual—100 penalty units, or
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> > (b) for a corporation—1000 penalty units.
>
> **s 80AA:** Ins 2019 No 24, Sch 2\[4\].