The advertising of gambling and betting is regulated on a State and Territory basis. The degree of regulation adopted in each jurisdiction varies widely.
National Free TV Australia
In addition to State and Territory regulations, any television advertisements must also comply with the relevant scheduling provisions of the Commercial Television Industry Code of Practice, see ‘Commercials Relating to Betting or Gambling’, section 6.12 and 6.13. Phone: (02) 8968 7100 or fax: (02) 9969 3520. Websites: www.freetvaust.com.au
The advertising of gambling is covered by three sets of legislation:
The Lotteries and Art Unions Regulations 2002 – Section 19. effective from 1 March 2003, have several new restrictions. In particular, they prohibit the depiction of children participating in lottery activity, the suggestion that winning will be a definite outcome of entering or participating in the lottery activity, or suggesting that entering or participating in the lottery activity will definitely improve a person’s financial prospects. A copy of the legislation is available from the New South Wales Department of Gaming & Racing, ph: (02) 9995 0300. Website www.olgr.nsw.gov.au
The NSW Liquor Act 1982 section 46A imposes restrictions on advertising material in licenced premises. The Registered Clubs Act 1976 mirrors those restriction on advertising for clubs. The Casino Control Legislation 2001, section 33 deals with advertising in and for casinos.
The new ‘Gambling Industry Code of Practice’ deals with advertising in clauses 28 to 31. Clause 28 provides a list of matters that are not permitted to be included or associated with advertising of gambling product, eg showing or targeting people under 18, false & misleading statements, promoting gambling as a form of investment, a skill or the consumption of alcohol while gambling. Clause 29 stipulates that information about gambling counseling services must be made available in conjunction with advertising. Clauses 30 and 31 provide directions about promotions and inducements. More information on go to www.legislation.act.gov.au
Advertising in relation to gambling is covered in The Gaming Machine Control Act 1991, Advertising Regulation 2001. The Act is available through Information Victoria, 356 Collins Street, Melbourne, phone 1300 366656. Website: www.ocpc.vic.gov.au. The Victorian Casino and Gambling Authority regulates gaming activites. Website http://www.vcgr.vic.gov.au/
The Gambling Regulation Act which came into effect on July 1, 2004 bans the advertising of poker machines through media and unsolicited mail. The Act bans advertising that promotes the playing of gambling machines, such as print, TV, radio and electronic media ads, including ads for new games or jackpots.
It will also ban gaming venue names that promote gaming machines and gaming machine related signage. The advertising ban will be effective after six months and the signage ban after 12 months. For more details www.vcgr.vic.gov.au
Advertising is covered in the Gaming Machine Regulation 1991 section 230. Contact the Office of Gaming & Regulation, ph: (07) 3872 0805, website: www.qogr.qld.gov.au; The Office is planning a Gambling Legislation Amendment Bill 2003 to introduce “miscellaneous amendments to all gaming legislative standards’. The other regulator is the Liquor Licensing Division, ph: (07) 3224 7024 Website: www.liquor.qld.gov.au. Legislation can be downloaded from www.legislation.qld.gov.au.
The Gaming Commission Act 1987 makes no reference to advertising. Contact The Department of Racing Gaming & Liquor, ph: (08) 9425 1888. Website: www.orgl.wa.gov.au
An Advertising Code of Practice was made mandatory in 2001 and is now part of The Statutes, Amendments (Gambling Regulation Act 2001). Contact: Consumer and Business Services Ph.131 882.
The Gaming Control Act 1993 makes no reference to advertising. Website: www.gaming.tas.gov.au. An Advertising Code of Ethics has been adopted by the Tasmanian Gambling industry Group, and applies to Wrest point Casino, Country Club Casino, Oasis and TasKeno venues and all TAB locations. Contact the Liquor and Gaming Branch, ph: (03) 6233 6119. Website: www.tas.gov.au
There is no regulation on advertising, apart from paragraph (58) on The Northern Territory Gaming Control Act, which refers to the advertising of illegal gambling. Contact the Northern Territory Racing Gaming & Licensing Commission, ph: (08) 8999 1309. Website: www.nt.gov.au/ntt.
The commission comes under the umbrella of the Northern Territory Treasury, ph: (08) 8999 7406.
The Interactive Gambling Act 2001, section 7A carries directions about advertising. Refer to www.acma.gov.au see also www.iia.net.au.
The Internet Industry Association in consultation with the Internet industry and the community has developed a Code for Interactive Gambling, in response to the Interactive Gambling Act 2001. A core provision of the code is the requirement for all Internet service providers (ISPs) to provide their subscribers with a ‘scheduled filter’. The code which applies to all ISPs, is registered with the Australian Communications and Media Authority (ACMA) and ACMA may direct an ISP to comply with it.