Licensed wagering operators may be prosecuted for any breach of the Regulation and should obtain their own independent legal advice to ensure compliance with the legislation.
Within the meaning of the Regulation, material is ‘published’ if it is available to the world at large and capable of being accessed by people in NSW.
Material on the internet, including social media, is published if:
- it is uploaded to the internet by or on behalf of a licensed wagering operator who holds a licence or authority to carry out wagering operations in NSW or any other State or Territory in Australia, and
- it is accessible from the internet by any person in NSW.
An offer, whether accepted or not, may be considered an ‘inducement’ if it has the capacity to encourage a person to participate, or participate frequently, in gambling activity – including the opening of a betting account.
Advertising that may offend
While not exhaustive, the following list aims to provide some clarity and scope to the types and examples of offers being published by licensed wagering operators, or anyone else who in L&GNSW’s view offends the provisions of the legislation.
Advertising that will offend…
- Offers of free or bonus bets e.g. ‘New customer sign-up bonus – deposit $50 and bet with $200’
- Chances to win in a trade promotion lottery, where participation is reliant on the placing of a wager e.g. ‘Win a world class racing experience, free flights and accommodation – just place a fixed odds bet (min $20) TPL licence abc123’
- Offers of the refund of money (whether as a bonus bet or real cash) on the occurrence of a specified event e.g. ‘Get a refund on your fixed odds win bet if your horse runs 2nd or 3rd (max refund $100)’ ‘If your team leads at half time but loses we’ll refund your bet up to $50’
- First deposit bonus e.g. ‘Join now – get up to a $100 bonus bet with your first bet’.
- Refer a friend and score a bonus e.g. ‘Refer a friend and earn $200 cash!’
- Refer a friend and the friend scores a bonus e.g. ‘Welcome bonus each friend receives a $300 bonus’
- First mobile bet refunds e.g. ‘Bonus money back if your first mobile bet loses!
- First bet refunds including first bets on particular sports/races e.g. ‘First bet refund on the dogs tonight’
- Rewards points for bets placed or for opening a betting account e.g. ‘5,000 bonus reward points – redeem as a $100 bonus bet’
- Bonus or special odds for a limited period or bet amount e.g. ‘Super bonus – win 25% more on every race this Saturday at Randwick (max bet $100)’ ‘Super boost your odds on races every Saturday from 11am to 2pm (max bet $50)’
Advertising that will not offend…
- Advertising of base service or generic corporate branding e.g. ‘Bet with Lucky Betting Club today’
- Current odds being offered, including best price that does not include general limitations (such as for limited period or event or for a set capped amount) e.g. ‘Best tote every day on all Australian thoroughbred races 22.0 No. 8 Happy Champ 5.00 No. 9 Lucky Ned 52.0 No. 10 Grey Ghost’
- Live streaming of sports or racing events e.g ‘Watch live sport here right now’
- The advertising of ‘cash out’ features, cash cards or similar e.g. ‘Have a break and cash out now’ ‘Get a cash card today’