AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
of various investigations (see 1.1 Current Outlook and Recent Changes ).
image, or audible message (or any combination of two or more of these things) that either gives publicity to or is intended to promote: • prohibited or unlicensed online gambling services; • the whole or part of a trade mark in respect of a prohibited or unlicensed online gambling service; • a domain name or URL that relates to a prohibited or unlicensed online gambling service; or • any words that are closely associated with a prohibited or unlicensed online gambling service (whether or not they are also closely associated with other kinds of services or products). This prohibition generally applies to the advertising of online gambling services that are prohibited or unli- censed, including offshore gambling operators. 9.3 Key Legal, Regulatory and Licensing Provisions The key legal and regulatory provisions with regard to advertising vary depending on the type of gambling services being provided, and on the state or territory in which they are provided. There are no licensing provi- sions in respect of advertising. Gambling operators’ advertising is also subject to fed- eral laws, including:
9. Advertising 9.1 Regulatory/Supervisory Agency The relevant regulatory and supervisory agencies in respect of gambling advertising include: • federal – the ACMA and the Australian Competition & Consumer Commission; • Australian Capital Territory – the ACT Gambling and Racing Commission; • NSW – the LGNSW; • Northern Territory – the NTRWC; • Queensland – Office of Liquor and Gaming Regula- tion; • South Australia – the Consumer and Business Services; • Tasmania – the Tasmanian Liquor and Gaming Commission; • Victoria – the VGCCC; • Western Australia – the Department of Local Gov- ernment, Sport and Cultural Industries; and • industry bodies – Ad Standards and the Australian Association of National Advertisers (AANA). 9.2 Definition of Advertising Land-Based Gambling Advertisements Land-based gambling advertisements are regulated under the relevant state and territory laws. The defini- tion of advertising in the respective legislation in the states and territories also captures online gambling advertisements. In NSW, a “gambling advertisement” is defined in the Betting and Racing Act 1998 (NSW) (the “Betting and Racing Act”) as an advertisement that gives publicity to ‒ or otherwise promotes or is intended to promote – participation in gambling activities. Other state and territory statutes provide similar definitions of “gam- bling advertisement”. Online Gambling Advertisements The IGA prohibits “designated interactive gambling service advertisements”. This is defined as any writ- ing, still or moving picture, sign, symbol or other visual
• Australian Consumer Law; • Spam Act 2003 (Cth); and • Broadcasting Services Act 1992 (Cth). 9.4 Restrictions on Advertising Land-Based Gambling
Land-based gambling advertisements are generally permitted in Australia. However, there are strict restric- tions with regard to what can be included in an adver- tisement and when advertising is permitted. As outlined in 9.2 Definition of Advertising , the adver - tising of gambling services is regulated at the state and territory level, and the requirements vary from one jurisdiction to another. There are also industry codes of practice that outline the manner in which gambling services can be advertised on various media platforms.
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