information or promotional material given by letterbox drops that are not personally addressed

In force

Division 1.2.4 Betting accounts—electronic race bookmaking, sports bookmaking and totalisator licensees

1.20A Application—div 1.2.4

This division applies to the following licensees:

(a)

an electronic race bookmaking licensee;

(b)

a sports bookmaking licensee;

(c)

a totalisator licensee.

1.20B Meaning of deposit limit—div 1.2.4

In this division:

deposit limit, for a person’s betting account, means a limit to the amount that can be deposited into the account during a stated period or periods.

1.20C Information about deposit limits

(1)

A licensee must not open a betting account for a person unless—

(a)

the licensee, in accordance with any guidelines made under section 1.20G, has—

(i)

told the person they can set a deposit limit for the account; and

(ii)

asked the person whether they want to set a deposit limit; and

(b)

the person has set, or declined to set, a deposit limit for the account.

(2)

At least once every 12 months while a person has a betting account with a licensee, the licensee must, in accordance with any guidelines made under section 1.20G—

(a)

if the account has no deposit limit—tell the person they can set a deposit limit and ask the person whether they want to set a deposit limit; and

(b)

if the account has a deposit limit—ask the person whether they want to change the deposit limit.

(3)

Subsection (2) does not apply if the betting account has not been used to make or settle a bet within the previous 12 months.

(4)

A licensee must publish information promoting deposit limits—

(a)

on the licensee’s website and on each communication channel a person can use to place a bet with the licensee; and

(b)

in accordance with any guidelines made under section 1.20G.

1.20D No deposits over deposit limit

A licensee must not allow a person to deposit money into a betting account held with the licensee if depositing the amount would result in the deposit limit for the account being exceeded.

Examples

1 Ali has a betting account with XYZ licensee and has set a deposit limit of $100 per week. Ali deposits $100 into the account. Less than a week later, Ali attempts to deposit $10 into the account. XYZ licensee must reject the transaction as it would exceed Ali’s deposit limit of $100 per week.

2 Pat has a betting account with XYZ licensee and has set a deposit limit of $200 per fortnight. Pat deposits $100 into the account. Less than a fortnight later, Pat attempts to deposit $150 into the account. XYZ licensee must reject the transaction as it would exceed Pat’s deposit limit of $200 per fortnight.

1.20E Setting and changing deposit limits

(1)

A licensee must ensure that the process for a person to set and change a deposit limit for their betting account held with the licensee—

(a)

is simple and easy for the person to use; and

(b)

allows the person to choose the period or periods to which the limit applies, including a period or periods of 1, 7, 14 or 28 days; and

(c)

complies with any guidelines made under section 1.20G.

(2)

A licensee must set or lower the deposit limit for a person’s betting account with the licensee immediately when the licensee receives a request from the person to do so.

(3)

A licensee must not increase the deposit limit for a person’s betting account with the licensee until at least 7 days after the licensee receives a request to do so.

1.20F Closing betting accounts

(1)

A licensee must, in accordance with any guidelines made under section 1.20G, ensure that the process for a person to close their betting account held with the licensee is—

(a)

simple and easy for the person to use; and

(b)

prominently and clearly communicated on the licensee’s website and through any communication channel the person can use to place a bet with the licensee.

(2)

A licensee must ensure that a person can ask to close their betting account—

(a)

by email; and

(b)

by telephone; and

(c)

by any other communication channel that the person can use to place a bet with the licensee.

(3)

After a licensee has received a request from a person to close their betting account, the licensee—

(a)

must not accept a bet using the account; and

(b)

must close the account as soon as practicable after all bets made using the account have been settled.

(4)

If a licensee receives a request from a person to close their betting account, the licensee—

(a)

must not encourage or induce the person to cancel the request; but

(b)

may explain to the person the effects of closing the account and ask the person whether they want to proceed with closing it.

Note A licensee must not send direct marketing to a person after the person has asked to close their betting account (see s 1.30C (3) (b)).

1.20G Guidelines about betting accounts

(1)

The Minister may make guidelines about—

(a)

the information a licensee must provide in relation to setting, changing and promoting deposit limits and closing betting accounts; and

(b)

the process for setting and changing deposit limits and closing betting accounts.

(2)

A guideline made under subsection (1) (a) may include requirements for the following:

(a)

the content or form of information to be provided by a licensee;

(b)

when information must be communicated by a licensee and to whom;

(c)

where or how information must be communicated by a licensee.

(3)

A guideline is a notifiable instrument.

1.20H Directions about betting accounts

(1)

The commission may give a written direction to a licensee to ensure compliance with this division.

(2)

If the commission gives a direction to a licensee, the licensee must comply with the direction.

Division 1.2.5 Betting accounts—activity statements

1.20I Application—div 1.2.5

This division applies to the following licensees:

(a)

an electronic race bookmaking licensee;

(b)

a sports bookmaking licensee;

(c)

a totalisator licensee.

1.20J Definitions—div 1.2.5

In this division:

account holder, for a betting account—see section 1.20K (1).

activity statement, for a betting account—see section 1.20K (1).

bonus bet—see section 1.30 (7).

online betting account means a betting account that can be used to make and settle bets online.

statement period, for an activity statement—see section 1.20K (1).

transaction, in relation to a betting account, means doing any of the following:

(a)

using the account to make or settle a bet, including a bonus bet;

(b)

depositing money into the account;

(c)

withdrawing money from the account.

transaction record, for a betting account, means a document setting out the following information for each transaction made in relation to the account:

(a)

the kind of transaction;

(b)

the date of the transaction;

(c)

the amount of the transaction.

1.20K Activity statements for betting accounts

(1)

Each month, a licensee must give each person who holds a betting account with the licensee (an account holder) a document setting out any transactions made in relation to the account (an activity statement) for the month (the statement period).

(2)

However, the licensee need not give an account holder an activity statement for a statement period if the account holder has not made any transactions in relation to the betting account during the statement period.

Note Despite s (2), an account holder may ask a licensee for an activity statement at any time (see s 1.20L).

(3)

The licensee must give an account holder an activity statement—

(a)

by email; or

(b)

if the account holder asks the licensee to provide the activity statement by mail—by mail.

(4)

The licensee must not charge a fee for giving an account holder an activity statement.

(5)

However, if an account holder asks for an activity statement to be provided by mail, the licensee may charge the account holder a fee of not more than the cost of the postage.

1.20L Requests for activity statements

(1)

Despite section 1.20K (2), an account holder may, at any time, ask a licensee to give the account holder an activity statement for the account holder’s betting account for any statement period—

(a)

within the last 7 years; or

(b)

if the account has been open for less than 7 years—since the account was opened.

(2)

An account holder may make a request under subsection (1)—

(a)

by email; or

(b)

by telephone; or

(c)

for an online betting account—through the account.

(3)

A licensee must, as soon as practicable after the licensee receives a request under subsection (1), give the account holder the activity statement, and the accompanying transaction record, in the way requested by the account holder.

Example—in the way requested

an account holder asks a licensee to provide an activity statement by mail

(4)

In this section:

account holder includes a person who previously held a betting account with a licensee that is now closed.

1.20M Contents of activity statements

(1)

An activity statement for a betting account for a statement period must include the following information:

(a)

the opening and closing balances of the account for the period;

(b)

the total amount spent on betting during the period;

(c)

the number of bets made using the account during the period;

(d)

the number of winning bets settled using the account during the period;

(e)

the number of losing bets settled using the account during the period;

(f)

the net amount spent on, or gained from, betting, taking into account all wins and losses, during the period;

(g)

any amounts deposited into, or withdrawn from, the account for the period;

(h)

a column graph comparing the total amount spent on betting with the net amount spent on, or gained from, betting for—

(i)

the period, and

(ii)

each of the 5 previous activity statement periods; and

(iii)

the same statement period in the previous year;

(i)

information about support services available to gamblers, including websites for the services.

(2)

An activity statement must be accompanied by—

(a)

if the activity statement is provided electronically—an online link to a transaction record for the betting account for the statement period; or

(b)

if the account holder asked the licensee to provide the activity statement by mail—a paper copy of the transaction record.

(3)

An activity statement must not include—

(a)

any direct marketing or other advertising, promotion or offer from the licensee; or

(b)

any information mentioned in subsection (1) in relation to making or settling a bonus bet.

1.20N Form of activity statements

(1)

An activity statement must be—

(a)

in writing; and

(b)

simple and easy for an account holder to read.

(2)

An activity statement for a betting account—

(a)

must set out the following information in legible black text on a white background:

(i)

the number of winning bets;

(ii)

the net amount gained from betting; and

(b)

must set out the following information in legible red text on a white background:

(i)

the number of losing bets;

(ii)

the net amount spent on betting;

(iii)

the total amount spent on betting; and

(c)

must not set out any information in green text.

1.20O Access to activity statements and transaction records for online betting accounts

(1)

This section applies if an account holder holds an online betting account with a licensee.

(2)

The licensee must ensure that the account holder can access, through the online betting account, all activity statements and transaction records for the account for each active statement period—

(a)

within the last 7 years; or

(b)

if the account has been open for less than 7 years—since the account was opened.

(3)

In this section:

account holder includes a person who previously held a betting account with a licensee that is now closed.

active statement period, for a betting account, means a statement period during which the account holder made at least 1 transaction in relation to the betting account.

1.20P Requests for transaction records for accounts other than online betting accounts

(1)

This section applies if—

(a)

an account holder holds a betting account with a licensee; and

(b)

the account is not an online betting account.

(2)

The account holder may, at any time, ask the licensee to give the account holder a transaction record for the betting account for any statement period—

(a)

within the last 7 years; or

(b)

if the account has been open for less than 7 years—since the account was opened.

(3)

An account holder may make a request under subsection (2)—

(a)

by email; or

(b)

by telephone.

(4)

A licensee must, within 14 days after the licensee receives a request under subsection (2), give the account holder the transaction record in the way requested by the account holder.

Example—in the way requested

an account holder asks a licensee to provide a transaction record by mail

(5)

In this section:

account holder includes a person who previously held a betting account with a licensee that is now closed.

1.20Q Access to electronic activity statements

(1)

This section applies if a licensee gives an account holder an activity statement—

(a)

by email; or

(b)

through an online betting account.

(2)

The licensee must ensure the account holder can access the activity statement without needing to use any kind of security measure, other than a security measure used to access the account holder’s email account or online betting account.

Example—security measure

a password

Part 1.3 Financial controls and gambling environment

1.21 Cash facilities

(1)

This section applies to a casino licensee.

(2)

The licensee of a gambling facility to whom this section applies must ensure that a cash facility is not located in a gaming area of the facility.

(3)

In this section:

cash facility means—

(a)

an automatic teller machine; or

(b)

an EFTPOS facility.

1.22 Cash payment limits for casino licensees

(1)

A casino licensee must not pay to a gambling patron winnings in cash of more than $25 000 in any gaming day.

Example

A gambling patron in a casino wins $30 000, and at 10 pm on Wednesday the casino pays the person $25 000 in cash and the balance of $5 000 by cheque or electronic funds transfer. The casino must not make any further cash payments to the person until the casino re-opens to the general public at 12 noon on Thursday.

(2)

To remove any doubt, subsection (1) does not prevent the payment of winnings, in excess of $25 000, in any other way.

(3)

Subsection (1) does not apply to the payment of winnings to a person participating in a commission-based player scheme.

(4)

In this section:

commission-based player scheme—see the Casino Control Act 2006, dictionary.

gaming day means—

(a)

the period from when the casino opens to the public on a day until it next closes; but

(b)

if the casino is open to the public for longer than 24 hours continuously—

(i)

each 24-hour period for which it is open to the public; and

(ii)

if the last period before it closes is less than 24 hours—that period.

1.23 Other cash payment limits

(1)

A licensee must not, for a particular event or contingency on which a gambling patron has staked or risked money, pay the patron winnings in cash that are more than the amount worked out under table 1.23.

Table 1.23

column 1

item

column 2

type of licensee

column 3

maximum cash payable

bookmaker

$25 000

totalisator

$25 000

lotteries

$5 000

keno

$5 000

trackside

$5 000

gaming machine

$1 500

housie

$1 250

Example

A gambling patron wins $30 000 on a totalisator on race 3 Flemington Racecourse. The person must not be paid more than $25 000 in cash and must be paid any balance by cheque or electronic funds transfer. However, the person can be paid winnings in cash of not more than $25 000 if the person wins on a subsequent race.

(2)

To remove any doubt, subsection (1) does not prevent the payment of winnings, in excess of the maximum amount payable in cash, in any other way.

(3)

A gaming machine licensee must pay a gambling patron winnings from a gaming machine by cheque or electronic funds transfer if—

(a)

the winnings are more than $300; and

(b)

the patron has requested the winnings be paid by cheque or electronic funds transfer.

1.23AA No winnings for excluded or underage patrons

(1)

A licensee of a gambling facility must not knowingly pay winnings to a person who—

(a)

has been excluded from gambling under section 1.14 (Exclusion of people at risk or excluded under deed); or

(b)

is under 18 years old.

(2)

The licensee must keep any winnings of a person mentioned in subsection (1) and distribute them to other patrons of the facility in a way approved in writing by the commission.

1.23A Non-cash payment of winnings

(1)

Winnings to be paid otherwise than in cash must be paid by the licensee as soon as practicable but within 3 days after the day of the winning event or contingency.

(2)

This section does not apply to a licensee mentioned in section 1.1, definition of licensee, paragraph (f).

1.24 Cheques

(1)

This section applies to a gaming machine licensee.

(2)

The licensee of a gambling facility to whom this section applies must not—

(a)

cash a cheque within a gaming area of the facility; or

(b)

allow a person to buy back or redeem a previously cashed personal cheque.

(3)

The licensee of a gambling facility to whom this section applies must not—

(a)

cash a patron’s personal cheque for more than $250 on any day unless the person has made arrangements with the licensee on a previous day; or

(b)

cash a cheque of any other kind for the patron.

1.25 Availability of information

(1)

The licensee of a gambling facility must display in each gaming area of the facility signs to the effect that people under 18 years old, and intoxicated people, are not allowed to gamble.

(2)

Each sign must be prominently displayed and able to be readily read.

(3)

A licensee of a gambling facility must make available at the facility, in a conspicuous way, information that—

(a)

tells people about each of the following:

(i)

restrictions (if any) on cashing cheques;

(ii)

gambling limits (if any) at the facility;

(iii)

the chances of winning major prizes;

(iv)

the support services available to gamblers;

(v)

the use of a deed of exclusion by a person who has a gambling problem, particularly—

(A)

the availability and effect of a deed; and

(B)

the confidentiality of a deed; and

(C)

who may be given a copy of a deed;

(vi)

the use of a notice of exclusion by the licensee in relation to a person who has a gambling problem;

(vii)

the exclusion register; and

(b)

tells people where each of the following can be found at the gambling facility:

(i)

a copy of the rules for each kind of gambling offered by the licensee;

(ii)

information about programs for exclusion from gambling;

(iii)

a gambling contact officer for the facility;

(iv)

a copy of the Gambling and Racing Control (Code of Practice) Regulation 2002 or this code of practice;

(v)

information about counselling services available in the ACT for problem gamblers; and

(c)

for a gaming machine licensee—tells people that winnings from a gaming machine must be paid by cheque or electronic funds transfer if—

(i)

the winnings are more than $300; and

(ii)

the patron has requested the winnings be paid by cheque or electronic funds transfer.

(4)

If asked for information about the availability of interpreter services to patrons at a gambling facility, the licensee for the facility must give the information.

(5)

This section is subject to section 1.27 (Directions about information, clocks and lighting).

1.26 Clocks and lighting

(1)

This section applies to—

(a)

a casino licensee; and

(b)

a gaming machine licensee.

(2)

The licensee of a gambling facility must prominently display the correct time in the facility.

(3)

The licensee of a gambling facility must ensure that lighting in the facility is adequate to allow clocks and signs required to be displayed under this code of practice to be clearly visible to people in the facility.

(4)

This section is subject to section 1.27.

1.27 Directions about information, clocks and lighting

(1)

The commission may give written directions to the licensee of a gambling facility to ensure compliance with section 1.25 (Availability of information) or section 1.26.

(2)

If the commission gives a direction to the licensee, the licensee must comply with the direction.

1.27A Alcohol service prohibited while gambling

A gaming machine licensee must not serve alcohol to a patron of the facility while the patron is—

(a)

playing a gaming machine; or

(b)

sitting at or standing by a gaming machine.

1.27B Operating times of gaming machines

A gaming machine licensee must not operate a gaming machine between 4 am and 9 am.

Part 1.4 Advertising, promotions and inducements

Division 1.4.1 Advertising requirements—general

1.28 Advertising

(1)

The licensee of a gambling facility must not publish advertising that—

(a)

encourages anyone to contravene a gaming law; or

(b)

shows people under 25 years old gambling; or

(c)

encourages people under 18 years old to gamble, or targets them; or

(d)

is false or misleading, particularly about the chances of winning or the expected return to a gambler; or

(e)

suggests that gambling is a form of financial investment; or

(f)

suggests that skill can influence games that are games of chance; or

(g)

shows or promotes the consumption of alcohol while gambling.

(2)

This section is subject to section 1.31 (Directions about advertising, promotions and inducements).

1.29 Advertising requirements

(1)

This section does not apply to someone mentioned in section 1.1, definition of licensee, paragraph (f).

(2)

The licensee of a gambling facility must not publish gambling advertising in relation to the facility unless it contains, or is published near, the name and telephone number of an approved gambling counselling service in the ACT.

(3)

This section is subject to section 1.31 (Directions about advertising, promotions and inducements).

(4)

In this section:

gambling advertising—see section 1.29B.

Division 1.4.2 Advertising requirements—electronic licensees

1.29A Application—div 1.4.2

This division applies to the following licensees:

(a)

an electronic race bookmaking licensee;

(b)

an electronic sports bookmaking licensee;

(c)

an electronic totalisator licensee.

1.29B Definitions—div 1.4.2

In this division:

app advertising means gambling advertising published or communicated on an app, including a smartphone or tablet app, but does not include—

(a)

radio advertising; or

(b)

television or video advertising.

call to action—see section 1.29D.

digital advertising means visual or audiovisual gambling advertising published or communicated in a digital display or on a website, but does not include the following:

(a)

app advertising;

(b)

direct marketing;

(c)

radio advertising;

(d)

social media advertising;

(e)

television or video advertising;

(f)

website advertising.

direct marketing includes any gambling advertising sent by the licensee, or by another person on behalf of the licensee, by telephone, SMS, email, app, post or other direct means.

gambling advertising means any advertising that promotes, refers to, depicts or otherwise mentions a gambling product or activity.

print advertising means gambling advertising published or communicated in print but does not include direct marketing.

radio advertising means gambling advertising published or communicated by radio, including by—

(a)

a podcast; or

(b)

a digital radio on-demand or streaming service; or

(c)

a website, social media or app.

social media advertising—

(a)

means gambling advertising published or communicated on social media by a licensee or another person on behalf of the licensee; and

(b)

includes direct marketing published or communicated using social media and sent by SMS, text message, or push notification.

tagline—see section 1.29C.

television includes free‑to‑air television, subscription television and over-the-top television.

Example—over-the-top television

a television streaming service

television or video advertising means gambling advertising published or communicated by television, including by a website, social media or app.

website advertising means gambling advertising published or communicated on the website of a licensee, but does not include—

(a)

radio advertising; or

(b)

television or video advertising.

1.29C Meaning of tagline—div 1.4.2

For this division, each statement mentioned in an item in table 1.29C is a tagline.

Table 1.29C Taglines

column 1

item

column 2

tagline

You win some. You lose more.

Chances are you’re about to lose.

What’s gambling really costing you?

Imagine what you could be buying instead.

What are you really gambling with?

Think. Is this a bet you really want to place?

What are you prepared to lose today? Set a deposit limit.

1.29D Meaning of call to action—div 1.4.2

For this division, each statement mentioned in an item in table 1.29D is a call to action.

Table 1.29D Calls to action

column 1

item

column 2

call to action

For free and confidential support visit gamblinghelponline.org.au

For free and confidential support, call the number on the screen or visit the website.

Set a deposit limit

For free and confidential support call 1 800 858 858 or visit gamblinghelponline.org.au

1.29E Statements to be included in gambling advertising

A licensee must ensure that gambling advertising of a kind mentioned in column 2 of an item in table 1.29E includes—

(a)

a tagline mentioned in the item, column 3; and

(b)

the call to action mentioned in the item, column 4.

Table 1.29E Statements to be included in gambling advertising

column 1

item

column 2

gambling advertising

column 3

table 1.29C, tagline item

column 4

table 1.29D, call to action item

app advertising

2, 3, 4, 5, 6, 7

digital advertising

2, 3, 4, 5, 6, 7

print advertising

2, 3, 4, 5, 6, 7

radio advertising—15 seconds or less

1, 2, 3, 4, 5

not required

radio advertising—more than 15 seconds

1, 2, 3, 4, 5

social media advertising—160 written characters or less

2, 3, 4, 5, 6, 7

social media advertising—more than 160 written characters

2, 3, 4, 5, 6, 7

television or video advertising—15 seconds or less

1, 2, 3, 4, 5

television or video advertising—more than 15 seconds

1, 2, 3, 4, 5

2 in spoken form together with 4 in visual form

website advertising

2, 3, 4, 5, 6, 7

1.29F Additional requirements about taglines and calls to action

(1)

A licensee must ensure that a tagline or call to action in spoken form is clearly intelligible to a person listening to the tagline or call to action.

(2)

A licensee must ensure that a tagline or call to action that is in visual form is displayed in font that is of a type and size that is clearly legible to a person reading the tagline or call to action at the distance at which the gambling advertising is intended to be viewed.

(3)

A licensee must take reasonable steps to ensure that each tagline that can be used for a kind of gambling advertising is used approximately equally over a 12-month period.

(4)

The following must be published or communicated only in spoken form:

(a)

a tagline mentioned in table 1.29C, item 1 (tagline 1);

(b)

a call to action mentioned in table 1.29D, item 1 or 2.

(5)

However, if tagline 1 is published or communicated as part of a television or video advertisement, it must be published or communicated in visual and spoken form at the same time.

(6)

If the content of the call to action is included in the tagline, it is not necessary to repeat the content of the call to action.

1.29G Electronic licensee must keep gambling advertising records

A licensee must keep a copy of gambling advertising published or communicated by or for the licensee for at least 12 months after the day the advertising was last published or communicated.

Example

A licensee runs an advertising campaign commencing on 1 January 2024. The campaign consists of 1 television advertisement and 1 radio advertisement. The television advertisement is broadcast for the last time on 1 March 2024 and the radio advertisement is broadcast for the last time on 1 April 2024. The licensee must keep a copy of the television advertisement until 28 February 2025 and a copy of the radio advertisement until 31 March 2025.

Division 1.4.3 Promotions and inducements

1.30 Promotions and inducements

(1)

The licensee of a gambling facility must not—

(a)

conduct a promotion that requires or encourages people to gamble at the facility for a minimum period of time to qualify for rewards;

(b)

conduct a promotion that requires or encourages people to gamble a minimum amount to qualify for rewards; or

(c)

conduct a promotion for or including gambling at the facility that includes an offer of free or discounted alcohol.

(2)

Subsection (1) (b) does not apply to—

(a)

the promotion of a commission-based player scheme under the Casino Control Act 2006; or

(b)

a player reward scheme that is advertised only within the gambling facility or directly to members of the facility; or

(c)

someone mentioned in section 1.1, definition of licensee, paragraph (f); or

(d)

a promotion that requires or encourages the single lowest available bet on a gambling activity unless the bet is combined with, or required to be made in addition to, any other bet.

Examples—par (d)

1 The requirement to have a single unit on a boxed trifecta could be used as an entry to a promotion as this is the lowest available bet on this wager.

2 The requirement to have 3 betting tickets for a win cannot be used as an entry requirement into a promotion as this requires the combination of bets.

3 The requirement to have a win bet ticket, regardless of the amount of the bet, can be used as an entry into a promotion as it does not require a particular size of bet above the minimum.

(3)

A gaming machine licensee must not—

(a)

conduct a promotion or offer an inducement that encourages people to increase their intensity of betting at the facility; or

Examples—increased intensity of betting

1 increasing the amount of money spent on betting at the facility in a particular period of time

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3 information or promotional material given by letterbox drops that are not personally addressed