2018
2018
2018-07-03
act
government
publicspecial
act.reprint
act-1987-015
allinforce
2018-03-06
2018-03-06
1
2018-07-03
act-1987-015
2018
none
act-2018-007
f93ca4f2-d3c0-4d8c-b2b5-b9e256a6985d
77d3ff34-2989-4687-bc3e-3971d2edec89
Repeal:
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 3.7.2018.
An Act to make miscellaneous amendments to
certain gaming and liquor and other legislation.
1Name of
Act
This Act is the Liquor and Gaming
Legislation Amendment Act 2018.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Acts and
regulations
1.1Betting and Racing Act 1998 No
114
[1]–[16]
[17]Part 4A
Insert after Part 4:
Part 4AGambling advertising and
inducements
33GInterpretation
(1)
In this Part:
gambling
advertisement means an advertisement that gives publicity
to, or otherwise promotes or is intended to promote, participation in gambling
activities, but does not include a totalizator advertisement within the
meaning of section 79 of the Totalizator Act
1997.
(2)
The publication of a gambling advertisement to a
website that provides the opportunity for, or facilitates or enables,
dissemination of information to the public or a section of the public (whether
or not the particular publication results in the dissemination of information
to the public or a section of the public) constitutes the publication of
gambling information for the purposes of this Part.
(3)
This Part does not limit the operation of any
regulations relating to responsible practices in the conduct of gambling
activities, including regulations restricting or prohibiting the conduct of
promotions or other activities (including advertising).
33HProhibitions on
gambling-related advertisements
(1)
A non-proprietary association or licensed betting
service provider or any other person must not publish or communicate, or cause
to be published or communicated, whether from in or outside New South Wales,
any gambling advertisement that may be accessible to a person in New South
Wales and that contravenes any requirement of this section.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
(2)
A gambling advertisement must not:
(a)
encourage a breach of the law,
or
(b)
depict children gambling, or
(c)
be false, misleading or deceptive,
or
(d)
suggest that winning will be a definite outcome
of participating in gambling activities, or
(e)
suggest that participation in gambling activities
is likely to improve a person’s financial prospects,
or
(f)
promote the consumption of alcohol while engaging
in gambling activities, or
(g)
be published otherwise than in accordance with
decency, dignity and good taste and, if the gambling advertisement takes the
form of a television advertisement, in accordance with the Commercial Television Industry Code of
Practice registered by the Australian Communications and
Media Authority as in force on the day on which the gambling advertisement is
published, or
(h)
include any inducement to participate, or to
participate frequently, in any gambling activity (including an inducement to
open a betting account).
(3)
A reference to an inducement in subsection (2)
(h):
(a)
includes an inducement that involves an offer
that is not available to persons resident in New South Wales,
and
(b)
does not include an inducement published or
communicated by a licensed betting service provider to a person who has a
betting account with the licensed betting service provider at the time the
advertisement is published or communicated to the
person.
(4)
A non-proprietary association or licensed betting
service provider or any other person must not publish, or cause to be
published, any gambling advertisement in writing in a newspaper, magazine,
poster or other printed form that does not contain the advisory statement
prescribed by the regulations for the purposes of this
subsection.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
(5)
A non-proprietary association or licensed betting
service provider or any other person must not enter into or extend the
duration of any contract or arrangement for the publication or communication
of any gambling advertisement that does not comply with this
section.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
(6)
A person (other than a betting service provider)
does not commit an offence under this section in respect of the publication or
communication of a gambling advertisement if:
(a)
the gambling advertisement was in the form
provided (directly or indirectly) or approved by or on behalf of a betting
service provider for the purposes of its publication or communication,
and
(b)
the person has not been notified by or on behalf
of the Minister that the publication or communication of the gambling
advertisement may contravene this section.
33IGambling-related
advertisements during sporting fixtures
(1)
This section applies to a sporting fixture that
is, or is part of, a sporting event for which there is a sports controlling
body.
(2)
A person must not publish a gambling
advertisement in relation to a sporting fixture during the sporting fixture
including during any breaks in the sporting fixture.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
(3)
This section does not apply to an extended
sporting fixture unless the Minister has published a notice in the Gazette
that provides that this section is to apply to that fixture. The Minister may
publish a notice if the Minister considers it to be in the public
interest.
(4)
This section does not apply to the following
advertisements:
(a)
an advertisement to the extent that it is
published on the internet,
(b)
an advertisement to the extent that it is
published in gambling premises.
(5)
For the avoidance of doubt, an advertisement that
is in place before a sporting fixture commences (such as an advertisement on a
billboard) is taken, for the purposes of this section, not to be published
during the sporting fixture.
(6)
In this section:
extended
sporting fixture means:
(a)
a sporting fixture that is scheduled to take
place over a period exceeding 4 hours, or
(b)
a sporting fixture that takes place on multiple
days.
gambling
premises means a hotel, racing club or registered club
within the meaning of the Liquor Act 2007 or
premises operated by a licensee (or an agent of a licensee) under the Totalizator Act 1997 for the purposes of
the conduct of a totalizator under that Act.
sporting
fixture means a single match, game, contest, race (but not a
race as defined in section 4) or fight, whether taking place on a single day
or multiple days.
33JGambling
inducements
A non-proprietary association or licensed betting
service provider or any other person must not offer or supply, or cause to be
offered or supplied, any free or discounted liquor as an inducement to
participate, or to participate frequently, in any gambling activity conducted
at a racecourse.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
[18]–[21]
[22]Section
36AA
Insert after section 36A:
36AALiability of directors etc for
offences by corporation—offences attracting executive
liability
(1)
For the purposes of this section, an executive
liability offence is:
(a)
an offence against any of the following
provisions of this Act that is committed by a corporation:
(i)
section 18C,
(ii)
section 19,
(iii)
section 33H,
(iv)
section 33I,
(v)
section 33J, or
(b)
an offence against the regulations:
(i)
that is prescribed by the regulations as an
offence to which this section applies, and
(ii)
that is committed by a
corporation.
(2)
A person commits an offence against this section
if:
(a)
a corporation commits an executive liability
offence, and
(b)
the person is:
(i)
a director of the corporation,
or
(ii)
an individual who is involved in the management
of the corporation and who is in a position to influence the conduct of the
corporation in relation to the commission of the executive liability offence,
and
(c)
the person:
(i)
knows or ought reasonably to know that the
executive liability offence (or an offence of the same type) would be or is
being committed, and
(ii)
fails to take all reasonable steps to prevent or
stop the commission of that offence.
Maximum penalty: The maximum penalty for the
executive liability offence if committed by an
individual.
(3)
The prosecution bears the legal burden of proving
the elements of the offence against this section.
(4)
The offence against this section can only be
prosecuted by a person who can bring a prosecution for the executive liability
offence.
(5)
This section does not affect the liability of the
corporation for the executive liability offence, and applies whether or not
the corporation is prosecuted for, or convicted of, the executive liability
offence.
(6)
This section does not affect the application of
any other law relating to the criminal liability of any persons (whether or
not directors or other managers of the corporation) who are accessories to the
commission of the executive liability offence or are otherwise concerned in,
or party to, the commission of the executive liability
offence.
(7)
In this section:
director has the same meaning as in
the Corporations Act 2001 of the
Commonwealth.
reasonable steps, in relation to the
commission of an executive liability offence, includes, but is not limited to,
such action (if any) of the following kinds as is reasonable in all the
circumstances:
(a)
action towards:
(i)
assessing the corporation’s compliance with
the provision creating the executive liability offence,
and
(ii)
ensuring that the corporation arranged regular
professional assessments of its compliance with the
provision,
(b)
action towards ensuring that the
corporation’s employees, agents and contractors are provided with
information, training, instruction and supervision appropriate to them to
enable them to comply with the provision creating the executive liability
offence so far as the provision is relevant to them,
(c)
action towards ensuring that:
(i)
the equipment and other resources,
and
(ii)
the structures, work systems and other
processes,
relevant to compliance with the provision creating the
executive liability offence are appropriate in all the
circumstances,
(d)
action towards creating and maintaining a
corporate culture that does not direct, encourage, tolerate or lead to
non-compliance with the provision creating the executive liability
offence.
[23], [24]
1.2Betting and Racing Regulation
2012
[1]Clause
10A
Insert after clause 10:
10AAdvisory
statement
The following advisory statement is prescribed
for the purposes of section 33H (4) of the Act:
Think! About your choices
Call Gambling Help
1800 858 858
www.gamblinghelp.nsw.gov.au
[2]Part 2, Division 2 Gambling
advertising and inducements
Omit the Division.
[3]Clause 22 Remedial
orders
Omit “and 33” from clause 22 (a).
Insert instead “, 33, 33H and 33J”.
[4]Clause 22
(b)
Omit “9, 10, 12 and 13”. Insert
instead “9 and 10”.
[5]
1.3–1.13
1.14Totalizator Act 1997 No
45
[1]–[4]
[5]Section
80
Omit the section. Insert instead:
80Prohibitions on totalizator
advertisements
(1)
A licensee or any other person must not publish
or communicate, or cause to be published or communicated, whether from in or
outside New South Wales, any totalizator advertisement that may be accessible
to a person in New South Wales and that contravenes any requirement of this
section or the rules.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
(2)
A totalizator advertisement must not:
(a)
encourage a breach of the law,
or
(b)
depict children gambling, or
(c)
be false, misleading or deceptive,
or
(d)
suggest that winning will be a definite outcome
of participating in gambling activities, or
(e)
suggest that participation in gambling activities
is likely to improve a person’s financial prospects,
or
(f)
promote the consumption of alcohol while engaging
in gambling activities, or
(g)
be published otherwise than in accordance with
decency, dignity and good taste and, if the totalizator advertisement takes
the form of a television advertisement, in accordance with the Commercial Television Industry Code of
Practice registered by the Australian Communications and
Media Authority as in force on the day on which the totalizator advertisement
is published, or
(h)
include any inducement to participate, or to
participate frequently, in any gambling activity (including an inducement to
open a betting account).
(3)
A reference to an inducement in subsection (2)
(h):
(a)
includes an inducement that involves an offer
that is not available to persons resident in New South Wales,
and
(b)
does not include an inducement published or
communicated by a licensee to a person who has a betting account with the
licensee at the time the advertisement is published or communicated to the
person.
(4)
A licensee or any other person must not publish,
or cause to be published, any totalizator advertisement in writing in a
newspaper, magazine, poster or other printed form that does not contain the
advisory statement prescribed by the regulations for the purposes of this
subsection.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
(5)
A licensee must not enter into or extend the
duration of any contract or arrangement for the publication or communication
of a totalizator advertisement that contravenes this section.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
(6)
A person (other than a licensee) does not commit
an offence under this section in respect of the publication or communication
of a totalizator advertisement if:
(a)
the totalizator advertisement was in the form
provided (directly or indirectly) or approved by or on behalf of a licensee
for the purposes of its publication or communication, and
(b)
the person has not been notified by or on behalf
of the Minister that the publication or communication of the totalizator
advertisement may contravene this section.
[6]Sections 80A and
80B
Insert after section 80:
80ATotalizator advertisements
during sporting fixtures
(1)
This section applies to a sporting fixture that
is, or is part of, a sporting event for which there is a sports controlling
body.
(2)
A person must not publish any totalizator
advertisement in relation to a sporting fixture during the sporting fixture
including during any breaks in the sporting fixture.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
(3)
This section does not apply to an extended
sporting fixture unless the Minister has published a notice in the Gazette
that provides that this section is to apply to that fixture. The Minister may
publish a notice if the Minister considers it to be in the public
interest.
(4)
This section does not apply to the following
advertisements:
(a)
an advertisement to the extent that it is
published on the internet,
(b)
an advertisement to the extent that it is
published in gambling premises.
(5)
For the avoidance of doubt, an advertisement that
is in place before a sporting fixture commences (such as an advertisement on a
billboard) is taken, for the purposes of this section, not to be published
during the sporting fixture.
(6)
In this section:
extended
sporting fixture means:
(a)
a sporting fixture that is scheduled to take
place over a period exceeding 4 hours, or
(b)
a sporting fixture that takes place on multiple
days.
gambling
premises means a hotel, racing club or registered club
within the meaning of the Liquor Act 2007 or
premises operated by a licensee (or an agent of a licensee) for the purposes
of the conduct of a totalizator.
sporting
event has the same meaning as in section 17A of the Betting and Racing Act
1998.
sporting
fixture means a single match, game, contest, race (but not a
race within the meaning of the Betting and
Racing Act 1998) or fight, whether taking place on a
single day or multiple days.
sports
controlling body for a sporting event means the sports
controlling body prescribed for the sporting event under section 17B of the
Betting and Racing Act
1998.
80BGambling
inducements
A licensee or any other person must not offer or
supply, or cause to be offered or supplied, any free or discounted liquor as
an inducement to participate, or to participate frequently, in any totalizator
betting.
Maximum penalty:
(a)
for an individual—50 penalty units,
or
(b)
for a corporation—500 penalty
units.
[7]–[14]
1.15Totalizator Regulation
2012
[1]Clause
10A
Insert after clause 10:
10AAdvisory
statement
The following advisory statement is prescribed
for the purposes of section 80 (4) of the Act:
Think! About your choices
Call Gambling Help
1800 858 858
www.gamblinghelp.nsw.gov.au
[2]Part 3, Divisions 2
Totalizator advertising and inducements
Omit the Division.
[3]Clause 15 Remedial
orders
Omit “section 80 (1)” from clause 15
(a). Insert instead “sections 80, 80B”.
[4]Clause 15
(b)
Omit “7, 9, 12 and 13”. Insert
instead “7 and 9”.
[5]
sch 1: Am 1987 No 15,
sec 30C.
Historical
notes
See also the Casino Control
Amendment Act 2018, the Gaming Machines
Amendment (Leasing and Assessment) Act 2018 and the
Registered Clubs Amendment (Accountability and
Amalgamations) Act 2018.
Table of amending
instruments
Liquor and Gaming
Legislation Amendment Act 2018 No 7. Assented to
21.3.2018. Date of commencement (except Sch 1.1 [17] and [22], 1.2
[1]–[4], 1.14 [5] and [6] and 1.15 [1]–[4]), 3.4.2018, sec 2 and
2018 (112) LW 29.3.2018; date of commencement of Sch 1.1 [17] and [22], 1.2
[1]–[4], 1.14 [5] and [6] and 1.15 [1]–[4], 2.7.2018, sec 2 and
2018 (306) LW 29.6.2018.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
1
Am 1987 No
15, sec 30C.