Racing Integrity Act 2016

A racing bookmaker or a person acting for a racing bookmaker 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the relevant person has not withdrawn the consent; or

the relevant person has withdrawn the consent but the racing bookmaker or person is not aware of the withdrawal.

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 racing bookmaker or a person acting for the racing bookmaker—

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.

for an individual—20 penalty units; or

for a corporation—200 penalty units.

If the racing bookmaker or a person acting for the racing bookmaker sends promotional or advertising material to the relevant person electronically, the racing bookmaker 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.