Version No. 001

Gaming Machine Control (Advertising) Regulations 2001

S.R. No. 31/2001

Version as at 12 April 2001

table of provisions

Regulation Page

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Regulation Page

1. Objective 1

2. Authorising provision 1

3. Commencement 1

4. Definitions 1

5. General restrictions on gaming advertisements 2

6. Restrictions on gaming advertisements offering inducements 3

7. Certain forms of gaming advertising to include statements 3

8. Certain gaming advertisements temporarily permitted 4

9. Director may order cessation of advertising 4

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SCHEDULE—Required form and manner of statements 6

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endnotes 8

1. General Information 8

2. Table of Amendments 9

3. Explanatory Details 10

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Version No. 001

Gaming Machine Control (Advertising) Regulations 2001

S.R. No. 31/2001

Version as at 12 April 2001

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S.R. No. 31/2001

Gaming Machine Control (Advertising) Regulations 2001

1. Objective

The objective of these Regulations is to foster responsible gambling by regulating advertising relating to the playing of gaming machines.

2. Authorising provision

These Regulations are made under section 159 of the Gaming Machine Control Act 1991.

3. Commencement

These Regulations come into operation on 12April 2001.

4. Definitions

In these Regulations—

"gaming advertisement" includes, but is not limited to—

(a) any writing, still or moving picture, sign, symbol or other visual image; and

(b) any audible message or sound—

that gives publicity to the playing of a gaming machine or otherwise advertises or is intended to advertise the playing of a gaming machine;

"inducement" means money, gaming tokens, coupons or any other items that may be exchanged for credits to be used for playing a gaming machine;

"publish" means to disseminate in any manner, whether by oral, visual, written or other means, by way of any medium.

Examples

Examples of a medium are printed material, signs, film, video cassette tape, radio, television, voice, loud speaker, internet.

5. General restrictions on gaming advertisements

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A person must not publish or cause to be published a gaming advertisement that—

(a) depicts a minor playing a gaming machine; or

(b) would be reasonably likely to have the effect of encouraging a minor to play a gaming machine; or

(c) is factually incorrect; or

(d) is misleading or deceptive; or

(e) conveys a false impression of the playing of gaming machines; or

(f) suggests that winning a prize is the probable outcome of playing a gaming machine; or

(g) suggests that playing a gaming machine is likely to—

(i) improve a person's social status; or

(ii) make a person more attractive to others; or

(iii) result in a person's financial betterment; or

(h) describes money spent in playing a gaming machine as an investment; or

(i) suggests that a player's skill can influence the outcome of a game that is purely a game of chance; or

(j) suggests that a person's chances of winning a prize are influenced by the length of time for which a person plays a gaming machine on each occasion that the person plays the gaming machine.

Penalty:  20 penalty units.

6. Restrictions on gaming advertisements offering inducements

r. 6

A person must not publish or cause to be published a gaming advertisement outside a gaming machine area that offers an inducement to persons to commence playing a gaming machine.

Penalty:  20 penalty units.

7. Certain forms of gaming advertising to include statements

A person must not publish or cause to be published a gaming advertisement of a kind specified in the Schedule unless—

(a) the gaming advertisement contains, within a period specified in column 1 of the Table in any year, the statement specified in column 2 of the Table for that period; and

(b) the statement is published—

(i) in the form and in the manner set out in the Schedule in relation to the advertisement; and

(ii) in each of the languages used in the advertisement.

Penalty:  20 penalty units.

TABLE

Column 1 / Column 2
Period / Statement required for the period
1 January to 31March / Excessive gambling may cause financial problems for some people.
1 April to 30 June / Excessive gambling may cause personal problems for some people.
1 July to 30September / Excessive gambling may cause family problems for some people.
1 October to 31December / Gambling can become addictive for some people.

8. Certain gaming advertisements temporarily permitted

r. 8

Regulations 5, 6, 7 and 9 do not apply to a gaming advertisement that is published within 2 months after the commencement of these Regulations if the agreement or arrangement for the publication was entered into before that commencement.

9. Director may order cessation of advertising

(1) The Director may, by notice in writing, direct a gaming operator or venue operator to stop publishing a gaming advertisement that does not comply with these Regulations.

(2) A notice under sub-regulation (1) must set out the reasons for the direction.

(3) A gaming operator or venue operator must comply with a direction of the Director under sub-regulation (1) within 14 days after the date of the notice or any longer period of time specified in the notice.

r. 9

Penalty:  20 penalty units.

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SCHEDULE

Sch.

Regulation 7

Required Form and Manner of Statements

Radio and television advertisements
Radio advertisement / Television advertisement
Form statement is to take / Oral / Written
Running time of statement / At least 3 seconds / At least 3 seconds
Placement or position of statement / Trailer to advertisement / Shown on end frame of advertisement
Volume level of statement / Clearly audible / Not applicable
Minimum font size of statement / Not applicable / 26 point
Visibility of statement / Not applicable / The statement must be clearly legible
Print advertisements
Newspaper or magazine advertisement (whatever size) /
Billboard advertisement
Form statement is to take / Written / Written
Minimum font size of statement / 18 point / Font size to be equal to or greater than the smallest font size used in the advertisement
Print advertisements
Newspaper or magazine advertisement (whatever size) /
Billboard advertisement
Visibility of statement / The statement must be clearly legible / The statement must be clearly legible
Placement or position of statement / Bottom of advertisement / Bottom of advertisement

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endnotes

1.  General Information

Endnotes

The Gaming Machine Control (Advertising) Regulations 2001, S.R.No.31/2001 were made on 10 April 2001 by the Administrator with the advice of the Executive Council under section 159 of the Gaming Machine Control Act 1991, No.53/1991 and came into operation on 12April 2001: regulation 3.

The Gaming Machine Control (Advertising) Regulations 2001 will sunset 10years after the day of making on 10 April 2011 (see section 5 of the Subordinate Legislation Act 1994).

2.  Table of Amendments

Endnotes

There are no amendments made to the Gaming Machine Control (Advertising) Regulations 2001 by statutory rules, subordinate instruments and Acts.

3.  Explanatory Details

Endnotes

No entries at date of publication.

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