sec.228DRestrictions on direct marketing

sec.228D Restrictions on direct marketing

A licence operator or a person acting for a licence operator must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person ) unless— the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and either— the relevant person has not withdrawn the consent; or the relevant person has withdrawn the consent but the licence operator or person is not aware of the withdrawal. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units. If the relevant person has given consent to receiving promotional or advertising material, the licence operator or a person acting for the licence operator— must provide the relevant person with a means to easily withdraw the consent at any time; and if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units. If the licence operator or a person acting for the licence operator sends promotional or advertising material to the relevant person electronically, the licence operator or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units. For this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent. s 228D ins 2021 No. 7 s 68 (sec.228D-ssec.1) A licence operator or a person acting for a licence operator must not send promotional or advertising material directly by email, SMS message or other direct means to a person who is in Queensland (a relevant person ) unless— the relevant person has given express and informed consent to receiving promotional or advertising material directly by that means; and either— the relevant person has not withdrawn the consent; or the relevant person has withdrawn the consent but the licence operator or person is not aware of the withdrawal. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units. (sec.228D-ssec.2) If the relevant person has given consent to receiving promotional or advertising material, the licence operator or a person acting for the licence operator— must provide the relevant person with a means to easily withdraw the consent at any time; and if the relevant person attempts to withdraw the consent—must not offer, or cause to be offered, to the relevant person any credit, voucher, reward or other benefit as an incentive for the relevant person not to withdraw the consent. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units. (sec.228D-ssec.3) If the licence operator or a person acting for the licence operator sends promotional or advertising material to the relevant person electronically, the licence operator or person must provide a mechanism, including, for example, an electronic link, in the material allowing the relevant person to easily withdraw consent from receiving promotional or advertising material. Maximum penalty— for an individual—20 penalty units; or for a corporation—200 penalty units. (sec.228D-ssec.4) For this section, if the relevant person withdraws consent from receiving promotional or advertising material, the withdrawal takes effect 5 business days, or a shorter period prescribed by regulation, after the relevant person withdraws consent.