s 125A

ACMA must determine a gambling promotion program standard if directed by the Minister

In force

Ministerial direction

(1)

The Minister may, by legislative instrument, give the ACMA a direction to:

(a)

determine a gambling promotion program standard that complies with the requirements specified in the direction; and

(b)

do so within a period specified in the direction.

(2)

The ACMA must comply with a direction under subsection (1).

(3)

The ACMA must not determine a gambling promotion program standard unless it does so in accordance with a direction under subsection (1).

Determination of a gambling promotion program standard

(4)

The ACMA may, by legislative instrument, determine a standard, to be known as a gambling promotion program standard, prescribing matters required or permitted by this Act to be prescribed by a gambling promotion program standard.

Prohibiting or regulating gambling promotional content

(5)

A gambling promotion program standard may make provision for or in relation to prohibiting or regulating the broadcast of gambling promotional content:

(a)

on broadcasting services provided by any or all of the following:

(i)

commercial television broadcasting licensees;

(ii)

commercial radio broadcasting licensees;

(iii)

subscription television broadcasting licensees;

(iv)

providers of subscription radio narrowcasting services;

(v)

providers of subscription television narrowcasting services; and

(b)

in conjunction with live coverage of a sporting event.

Note:

See also subsection 33(3A) of the Acts Interpretation Act 1901.

Explanatory matter

(6)

A gambling promotion program standard may make provision for or in relation to requiring any or all of the following:

(a)

commercial television broadcasting licensees;

(b)

commercial radio broadcasting licensees;

(c)

subscription television broadcasting licensees;

(d)

providers of subscription radio narrowcasting services;

(e)

providers of subscription television narrowcasting services;

to ensure that, if live coverage of a sporting event is, or is to be, broadcast on a broadcasting service provided by the licensee or provider, explanatory matter that relates to the following is provided by the licensee or provider in a manner specified in the standard:

(f)

whether a gambling promotion program standard made for the purposes of subsection (5) applies in relation to that live coverage;

(g)

if so, how the gambling promotion program standard applies in relation to that live coverage.

Record‑keeping

(7)

A gambling promotion program standard may make provision for or in relation to requiring any or all of the following:

(a)

commercial television broadcasting licensees;

(b)

commercial radio broadcasting licensees;

(c)

subscription television broadcasting licensees;

(d)

providers of subscription radio narrowcasting services;

(e)

providers of subscription television narrowcasting services;

to ensure that, if live coverage of a sporting event is, or is to be, broadcast on a broadcasting service provided by the licensee or provider, the licensee or provider will:

(f)

make records that:

(i)

are of a kind or kinds specified in the standard; and

(ii)

are sufficient to enable compliance by the licensee or provider with a gambling promotion program standard made for the purposes of subsection (5) or (6) to be readily ascertained; and

(g)

retain those records for the period ascertained in accordance with the first‑mentioned standard; and

(h)

make those retained records available to the ACMA on request.

Note:

See also subsection 33(3A) of the Acts Interpretation Act 1901.

(8)

For the purposes of subparagraph (7)(f)(i), each of the following is an example of a kind of record:

(a)

a written record;

(b)

an audio record;

(c)

an audio‑visual record.

Accidental or incidental broadcast of gambling promotional content

(9)

A gambling promotion program standard does not apply in relation to the broadcasting of gambling promotional content on a broadcasting service if:

(a)

the gambling promotional content is broadcast as an accidental or incidental accompaniment to the broadcasting of other matter; and

(b)

the licensee or provider of the broadcasting service does not receive any direct or indirect benefit (whether financial or not) for broadcasting the gambling promotional content (in addition to any direct or indirect benefit that the licensee or provider receives for broadcasting the other matter).

Live coverage of a sporting event

(10)

For the purposes of this section, if:

(a)

live coverage of a sporting event is broadcast on a broadcasting service; and

(b)

there is an unscheduled break in the sporting event;

any matter broadcast on the service during the break is taken to be live coverage of the sporting event.

Gambling promotional content broadcast in conjunction with live coverage of a sporting event

(11)

For the purposes of this section, gambling promotional content (other than a commentator betting odds promotion or a representative venue‑based promotion) is broadcast on a broadcasting service in conjunction with live coverage of a sporting event if, and only if, the content is broadcast on the service during the period:

(a)

beginning 5 minutes before the scheduled start of the sporting event; and

(b)

ending 5 minutes after the conclusion of the sporting event.

(12)

However, if coverage of the sporting event is delayed, this section has effect as if there were a corresponding delay to the period mentioned in subsection (11).

(13)

For the purposes of this section, gambling promotional content that consists of a commentator betting odds promotion or a representative venue‑based promotion is broadcast on a broadcasting service in conjunction with live coverage of a sporting event if, and only if, the promotion is broadcast on the service during the period:

(a)

beginning 30 minutes before the scheduled start of the sporting event; and

(b)

ending 30 minutes after the conclusion of the sporting event.

(14)

However, if coverage of the sporting event is delayed, this section has effect as if there were a corresponding delay to the period mentioned in subsection (13).

Administrative decisions

(15)

A gambling promotion program standard may make provision for or in relation to a particular matter by empowering the ACMA to make decisions of an administrative character.

This section does not limit section 125

(16)

This section does not limit the operation of section 125.

Implied freedom of political communication

(17)

The provisions of:

(a)

this section; and

(b)

a gambling promotion program standard;

have no effect to the extent (if any) that their operation would infringe any constitutional doctrine of implied freedom of political communication.

(18)

Subsection (17) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act.

Acquisition of property

(19)

The provisions of:

(a)

this section; and

(b)

a gambling promotion program standard;

have no effect to the extent (if any) to which their operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

Sporting event

(20)

Subclause 19(1) of Schedule 8 applies in relation to this section in a corresponding way to the way in which it applies in relation to that Schedule.

(21)

Online content service provider rules made for the purposes of subclause 19(2) of Schedule 8 apply in relation to this section in a corresponding way to the way in which they apply in relation to that Schedule.

(22)

Online content service provider rules made for the purposes of subclause 19(3) of Schedule 8 apply in relation to this section in a corresponding way to the way in which they apply in relation to that Schedule.

Scheduled start of a sporting event

(23)

Online content service provider rules made for the purposes of clause 22 of Schedule 8 apply in relation to this section in a corresponding way to the way in which they apply in relation to that Schedule.

Conclusion of a sporting event

(24)

Online content service provider rules made for the purposes of clause 23 of Schedule 8 apply in relation to this section in a corresponding way to the way in which they apply in relation to that Schedule.

Definitions

(25)

In this section:

commentator betting odds promotion means gambling promotional content to the extent to which it consists of the provision of betting odds (however described) by a commentator.

conclusion, in relation to a sporting event, has a meaning affected by subsection (24).

coverage has the same meaning as in Schedule 8.

gambling promotional content means:

(a)

advertising matter; or

(b)

sponsorship matter; or

(c)

promotional matter;

that relates to a gambling service.

gambling service has the same meaning as in Schedule 8.

gambling service provider means a person who provides a gambling service.

in conjunction with, when used in relation to live coverage of a sporting event, has the meaning given by subsections (11) to (14).

live, in relation to coverage of a sporting event, has the same meaning as in Schedule 8.

representative venue‑based promotion means gambling promotional content to the extent to which it consists of:

(a)

visual images (whether animated or otherwise) of a representative of a gambling service provider; or

(b)

speech of a representative of a gambling service provider;

where those visual images, or that speech, as the case may be, gives the impression that the representative is at, or around, the venue of a sporting event.

scheduled start, in relation to a sporting event, has a meaning affected by subsection (23).

sporting event has a meaning affected by subsections (20), (21) and (22).

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