Advertising
39 Advertising
A person who advertises shall ensure that an advertisement:
is not indecent or offensive;
is based on fact; and
is not false, deceptive or misleading.
Maximum penalty: 40 penalty units.
(1A) Subject to this regulation, a person who advertises shall ensure that the advertisement does not contain an inducement to engage in gaming or any material, determined by the Director, to be an inducement to engage in gaming.
Maximum penalty: 40 penalty units.
If so directed in writing by the Director, a person shall:
cease advertising; or
amend the advertisement as directed by the Director.
Maximum penalty: 40 penalty units.
(3) The written direction mentioned in subregulation (2) is to include particulars of:
any failure to comply with subregulation (1) or (1A); and
the directions of the Director.
(4) For the purposes of subregulation (1A), inducement to engage in gaming includes an offer of transport to licensed premises, whether or not a charge applies, an offer of free or concessional rates for accommodation, meals, refreshments, liquor or other amenities to a person who plays a gaming machine, an offer of gaming tokens to play a gaming machine and an offer of jackpots or other prizes or gifts that are not available to a person in the normal course of playing a gaming machine.
Subregulation (1A) does not apply to an advertisement that:
(a) is located on licensed premises and only able to be seen by a person in or on those premises;
(b) is distributed only to the members of a club and relates only to gaming on the licensed premises of the club; or
(c) relates to gaming in a casino, within the meaning of the Gaming Control Act 1993.
(6) For the purposes of subregulation (1A), the Director may, from time to time, determine material that the Director considers to be an inducement to engage in gaming.
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