An Act to amend the Betting and Racing Act 1998 and the Totalizator Act 1997 with respect to advertisements and betting accounts; and for other purposes.
1 Name of Act
This Act is the Gambling Legislation Amendment (Online and Other Betting) Act 2019.
2 Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Betting and Racing Act 1998 No 114
[1] Part 4A, heading
Omit “and inducements”. Insert instead “, inducements and betting accounts”.
[2] Section 33G Interpretation
Insert in alphabetical order in section 33G(1)—betting account means an account held with a licensed betting service provider for the purposes of enabling the holder of the account to place a bet with the provider.
[3] Section 33GA
Insert after section 33G—33GA Inducements(1) In this Part, inducement includes—(a) the offer of a credit, voucher, reward or other benefit, or(b) the offer of a gambling product, or the offer of a condition or other aspect of a gambling product, that includes additional benefits or enhancements, or(c) the offer of a gambling product, or the offer of a condition or other aspect of a gambling product, that is declared by the regulations to be a prohibited inducement.(2) A reference to an inducement in this Part includes an inducement that involves an offer that is not available to persons resident in New South Wales.(3) A reference to an inducement in this Part (other than in sections 33J and 33JA) does not include an inducement published or communicated by a licensed betting service provider to a person who has a betting account with the provider at the time an advertisement containing the inducement is published or the availability of the inducement is communicated to the person.
[4] Section 33H Prohibitions on gambling-related advertisements
Omit “50” and “500” wherever occurring in the penalty provision in section 33H(1), (4) and (5).Insert instead “100” and “1000”, respectively.
[5] Section 33H(3)
Omit the subsection.
[6] Section 33HA
Insert after section 33H—33HA Prohibition on direct marketing(1) A non-proprietary association or licensed betting service provider or other person must not provide a gambling advertisement directly to a betting account holder by email, SMS text message or other direct means, unless the holder has given express and informed consent to receiving gambling advertisements directly by that means and has not withdrawn the consent.(2) A non-proprietary association or licensed betting service provider or other person must not provide a gambling advertisement directly to a betting account holder by email, SMS text message or other direct means, unless the holder is provided with a means by which the holder can easily unsubscribe from receiving gambling advertisements.(3) A person who requests a licensed betting service provider to close the person’s betting account is taken to have withdrawn consent to receive all gambling advertisements from or on behalf of the provider.(4) A person is taken to have withdrawn consent to receive all gambling advertisements from or on behalf of the provider if the person has not logged into the person’s betting account for a period of 12 months.(5) For the purposes of this section, the withdrawal of consent to receive gambling advertisements takes effect 24 hours after a betting account holder notifies the licensed betting service provider that provides the account of the withdrawal of consent.(6) A person (other than a non-proprietary association or a licensed betting service provider) does not commit an offence under this section in respect of the provision 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 non-proprietary association or a licensed betting service provider for the purposes of being provided, 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.Maximum penalty—(a) for an individual—100 penalty units, or(b) for a corporation—1000 penalty units.
[7] Sections 33JA–33JC
Insert after section 33J—33JA Prohibited inducements(1) A non-proprietary association or licensed betting service provider or other person must not offer or supply, or cause to be offered or supplied, an inducement to a person for that person—(a) to open a betting account, or(b) to invite another person to open a betting account, or(c) not to close a betting account.(2) A non-proprietary association or licensed betting service provider or other person must not offer or supply, or cause to be offered or supplied, an inducement to a person for that person to consent, or to not withdraw the person’s consent, to receiving gambling advertisements.(3) Without limiting subsection (1), a licensed betting service provider must not offer or supply, or cause to be offered or supplied, a free bet to the holder of a betting account, unless all payouts from the free bet may be withdrawn from that account at any time.(4) A person (other than a non-proprietary association or a licensed betting service provider) does not commit an offence under this section in respect of the provision of offering an inducement or causing an inducement to be offered if—(a) the offer was in the form provided (directly or indirectly) or approved by or on behalf of a non-proprietary association or a licensed betting service provider for the purposes of being offered, and(b) the person has not been notified by or on behalf of the Minister that the offer may contravene this section.(5) In this section—free bet has the same meaning as it has in Part 4 of the Betting Tax Act 2001.Maximum penalty—(a) for an individual—100 penalty units, or(b) for a corporation—1000 penalty units.33JB Deposit limits for betting accounts(1) A licensed betting service provider that provides betting accounts must establish a scheme in accordance with this section that provides for the following—(a) before the account is opened, the provider must require the potential betting account holder to indicate the limit on the amount of money that the holder may deposit into the betting account in a specified period and the period for which the particular limit is to apply (a deposit limit) or, if the potential holder does not wish to apply a limit, to expressly refuse to apply a deposit limit,(b) a betting account opened with the provider must be subject to the limit so specified by the holder, unless the holder has expressly refused to apply a deposit limit,(c) the provider must not accept an amount from the holder that exceeds the deposit limit,(d) the holder may decrease the deposit limit at any time, with immediate effect,(e) the holder may increase the deposit limit at any time, but an increase does not take effect until 7 days after the increase was requested.(2) The licensed betting service provider must ensure that the process for setting or changing a deposit limit is explained in plain language to a betting account holder or potential betting account holder and is prominently displayed—(a) on the licensed betting service provider’s website, and(b) if the holder is able to place a bet using an internet application, website or datacasting service, at the place at which the holder accesses the holder’s account or via a single link from that place.(3) At the time a person opens a betting account and at least once every 12 months after a betting account is opened, the licensed betting service provider must provide information about the scheme and how it works to the person.(4) At least once every 12 months after a betting account is opened, the licensed betting service provider must—(a) if the holder has set a deposit limit under the scheme—ask the holder if the holder wishes to change the deposit limit, and(b) if the holder has refused to apply a deposit limit to the betting account—ask the holder if the holder wishes to set a deposit limit.(5) However, the licensed betting service provider must not provide the information under subsection (3) to a holder, or ask a holder about the matters specified in subsection (4), if the holder has not placed a bet using the account within the previous 12 months.(6) The regulations may provide for the manner in which information is to be provided, or a request or refusal made, under this section.Maximum penalty—(a) for an individual—100 penalty units, or(b) for a corporation—1000 penalty units.33JC Closing betting accounts(1) A licensed betting service provider that provides betting accounts must ensure that the process for closing a betting account—(a) is simple and easy for the holder to use, and(b) permits the account to be closed using any means by which the holder may place a bet and by telephone and email.(2) A licensed betting service provider that provides betting accounts must ensure that the process for closing a betting account is prominently displayed—(a) on the licensed betting service provider’s website, and(b) if the holder is able to place a bet using an internet application, website or datacasting service, at the place at which the holder accesses the holder’s account or via a single link from that place.(3) If the provider of a betting account that enables the holder to place a bet only by telephone does not have a website, the licensed betting service provider is not required to comply with subsection (2) but must provide details of the process for closing the account if requested to do so by the holder.(4) If a licensed betting service provider receives a request from a betting account holder to close the holder’s account, the provider must—(a) immediately cease to accept new bets from the holder, and(b) close the account as soon as practicable after all bets made before the request are finalised.(5) The regulations may provide for the manner in which information is to be provided, or a request made, under this section.Maximum penalty—(a) for an individual—100 penalty units, or(b) for a corporation—1000 penalty units.
[8] Section 36AA Liability of directors etc for offences by corporation—offences attracting executive liability
Insert after section 36AA(1)(a)(iii)—(iiia) section 33HA,
[9] Section 36AA(1)(a)(vi)–(viii)
Omit “or” from section 36AA(1)(a)(v). Insert instead—(vi) section 33JA,(vii) section 33JB,(viii) section 33JC, or
[10] Schedule 1 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering—Part Provisions consequent on enactment of Gambling Legislation Amendment (Online and Other Betting) Act 2019Application of amendments relating to betting accounts(1) Sections 33HA and 33JA, as inserted by the Gambling Legislation Amendment (Online and Other Betting) Act 2019, extend to betting account holders who held an account with a licensed betting service provider immediately before the commencement of the section concerned.(2) Sections 33JB and 33JC, as inserted by the Gambling Legislation Amendment (Online and Other Betting) Act 2019, extend to betting accounts held by persons with a licensed betting service provider immediately before the commencement of the section concerned.
Schedule 2 Amendment of Totalizator Act 1997 No 45
[1] Section 79 Interpretation
Insert in alphabetical order in section 79(1)—betting account means an account held with a licensee for the purposes of enabling the holder of the account to place a bet with the licensee.
[2] Section 79A
Insert after section 79—79A Inducements(1) In this Part, inducement includes—(a) the offer of a credit, voucher, reward or other benefit, or(b) the offer of a gambling product, or the offer of a condition or other aspect of a gambling product, that includes additional benefits or enhancements, or(c) the offer of a gambling product, or the offer of a condition or other aspect of a gambling product, that is declared by the regulations to be a prohibited inducement.(2) A reference to an inducement in this Part includes an inducement that involves an offer that is not available to persons resident in New South Wales.(3) A reference to an inducement in this Part (other than in section 80B) 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 an advertisement containing the inducement is published or the availability of the inducement is communicated to the person.
[3] Section 80 Prohibitions on totalizator advertisements
Omit section 80(3).
[4] Section 80AA
Insert after section 80A—80AA Prohibition on direct marketing(1) A licensee or other person must not provide a totalizator advertisement directly to the betting account holder by email, SMS text message or other direct means, unless the holder has given express and informed consent to receiving totalizator advertisements directly by that means and has not withdrawn the consent.(2) A licensee or other person must not provide a totalizator advertisement directly to the betting account holder by email, SMS text message or other direct means, unless the holder is provided with a means by which the holder can easily unsubscribe from receiving totalizator advertisements.(3) A person who requests a licensee to close the person’s betting account is taken to have withdrawn consent to receive all totalizator advertisements from or on behalf of the licensee.(4) For the purposes of this section, the withdrawal of consent to receive totalizator advertisements takes effect 24 hours after the holder of the betting account notifies the licensee that provides the account of the withdrawal of consent.(5) A person (other than a licensee) does not commit an offence under this section in respect of the provision 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 being provided, 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.Maximum penalty—(a) for an individual—100 penalty units, or(b) for a corporation—1000 penalty units.
[5] Section 87 Offence of unauthorised use of betting accounts
Omit “telephone betting credit account maintained”.Insert instead “betting account held”.
[6] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering—Part Provision consequent on enactment of Gambling Legislation Amendment (Online and Other Betting) Act 2019Application of amendments relating to betting accountsSection 80AA, as inserted by the Gambling Legislation Amendment (Online and Other Betting) Act 2019, extends to betting accounts held by persons with a licensee or other person immediately before the commencement of the section.