Gaming Machine Control (Advertising) Regulations 2001

i Gaming Machine Control (Advertising) Regulations 2001 S.R. No. 31/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Definitions 2 5. General restrictions on gaming advertisements 2 6. Restrictions on gaming advertisements offering inducements 3 7. Certain forms of gaming advertising to include statements 4 8. Certain gaming advertisements temporarily permitted 5 9. Director may order cessation of advertising 5 __________________ SCHEDULE—Required form and manner of statements 6 ═══════════════ -- 1 of 8 -- 1 STATUTORY RULES 2001 S.R. No. 31/2001 Gaming Machine Control Act 1991 Gaming Machine Control (Advertising) Regulations 2001 The Administrator with the advice of the Executive Council makes the following Regulations: Dated: 10 April 2001 Responsible Minister: JOHN PANDAZOPOULOS Minister for Gaming HELEN DOYE Clerk of the Executive Council 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 12 April 2001. -- 2 of 8 -- S.R. No. 31/2001 Gaming Machine Control (Advertising) Regulations 2001 2 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 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 r. 4 -- 3 of 8 -- S.R. No. 31/2001 Gaming Machine Control (Advertising) Regulations 2001 3 (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 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. r. 6 -- 4 of 8 -- S.R. No. 31/2001 Gaming Machine Control (Advertising) Regulations 2001 4 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 31 March 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 30 September Excessive gambling may cause family problems for some people. 1 October to 31 December Gambling can become addictive for some people. r. 7 -- 5 of 8 -- S.R. No. 31/2001 Gaming Machine Control (Advertising) Regulations 2001 5 8. Certain gaming advertisements temporarily permitted 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. Penalty: 20 penalty units. __________________ r. 8 -- 6 of 8 -- S.R. No. 31/2001 Gaming Machine Control (Advertising) Regulations 2001 6 SCHEDULE 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 Sch. -- 7 of 8 -- S.R. No. 31/2001 Gaming Machine Control (Advertising) Regulations 2001 7 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 ═══════════════ Sch. -- 8 of 8 --