Gaming and Wagering Commission Amendment Regulations (No. 3) 2019 (WA)

31 May 2019 GOVERNMENT GAZETTE, WA 1717

RA302

Gaming and Wagering Commission Act 1987

Gaming and Wagering Commission Amendment

Regulations (No. 3) 2019

Made by the Governor in Executive Council.

Part 1 Preliminary

1.            Citation

These regulations are the Gaming and Wagering Commission

Amendment Regulations (No. 3) 2019.

2.             Commencement

These regulations come into operation as follows —

(a)	Part 1 — on the day on which these regulations are published in the Gazette (gazettal day);
(b)	Part 2 — on 1 June 2019;
(c)	Part 3 — on the day after gazettal day.

1718 GOVERNMENT GAZETTE, WA 31 May 2019

Part 2	Gaining and Wagering Coi,,i,,issio;,
Regulations 1988 amended

3.            Regulations amended

This Part amends the Gaming and Wagering Commission
Regulations 1988.

4.            Regulation 43 amended

(1) In regulation 43(1) insert in alphabetical order:

gambling advertisement means an advertisement

that -

(a)	conveys, or is likely to be understood as conveying, the existence in this State or elsewhere of a gambling operator; and
(b)	gives publicity to, or otherwise promotes or is intended to promote, participation in gambling;

(2) In regulation 43(2):

(a) delete "an advertisement in this State that conveys, or is likely to be understood as conveying, the existence in this State or elsewhere of a gambling operator if the advertisement -" and insert:

in this State a gambling advertisement that

(b)	in paragraph (d) delete "the operator" and insert: a gambling operator
(c)

in paragraph (e) delete "the person -" and insert:
(d)	in paragraph (e)(iii) delete "the operator;" and insert:

a person -

a gambling operator; or

(e) after paragraph (e)(iii) insert:

(iv) referring another person to open a

betting account with a gambling
operator;

31 May 2019 GOVERNMENT GAZETTE, WA 1719

(1)	in paragraph (f) after "contact" insert:
a gambling operator other than in relation to food, accommodation or other non-gambling goods or services provided by

(3)	In regulation 43(2) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:
(4)	Delete regulation 43(3) and (4) and insert:
(3) Subregulation (2)(a) to (g) does not apply to a person who publishes, or causes to be published, a gambling advertisement if the person -

(a)	is not the gambling operator to which the advertisement relates; and
(b)	has written approval to publish the advertisement from the gambling operator to which the advertisement relates.

(4) Subregulation (2)(e)(i) and (ii) does not apply to a
benefit, consideration or reward if—

(a)	it relates to a trade promotion lottery conducted by a gambling operator; or
(b)	it is in the form of a dividend paid by a gambling operator.

(5) Subregulation (2)(e)(i) and (ii) and (f) does not apply to
a gambling advertisement if—

(a)	it is published by the gambling operator to
which the advertisement relates; and
(b)	it is published only by sending it to persons who—

(i)     are existing customers of the gambling operator; and

(ii)

have consented to the gambling operator them;

and

(c) it includes instructions on how a person can
withdraw their consent to, or otherwise stop,
the gambling operator sending gambling
advertisements to them.

1720 GOVERNMENT GAZETTE, WA 31 May 2019

(6) A gambling operator who publishes, or causes to be
published, a gambling advertisement in this State must
ensure that -

(a) if it is published in audio or audio-visual form,
it clearly and audibly includes -

(i)the telephone number of the national

problem gambling helpline or details of the national problem on-line counselling website; and

(ii) the words "gamble responsibly" or a

similar responsible gambling message;

or

(b) in any other case, it prominently displays the
telephone number of the national problem
gambling helpline and details of the national
problem on-line counselling website.

Penalty for this subregulation: a fine of $1000.

(7) A person must not offer or provide, or cause to be
offered or provided, to another person (the second
person) a benefit, consideration or reward in return for
the second person -

(a)	participating in gambling; or
(b)	continuing to gamble; or
(c)	opening a betting account with a gambling

operator; or

(d) referring another person to open a betting

account with a gambling operator.

Penalty for this subregulation: a fine of $1000.

(8) Subregulation (7)(a) and (b) does not apply to a
benefit, consideration or reward if—

(a) it relates to a trade promotion lottery conducted

by a gambling operator; or

(b) it is in the form of a dividend paid by a

gambling operator; or

(c)	it is offered or provided to a person who is an
existing customer of a gambling operator in return for participating in gambling, or continuing to gamble, with the gambling operator.

Note: The heading to amended regulation 43 is to read:

Certain advertisements and inducements prohibited

31 May 2019 GOVERNMENT GAZETTE, WA 1721

Part 3 Gaining and Wagering Commission

Amendment Regulations 2019 repealed

5. Gaming and Wagering Commission Amendment Regulations 2019 repealed

The Gaming and Wagering Commission Amendment

Regulations 2019 are repealed.

M. INGLIS, Clerk of the Executive Council.