A Bill for an Act to amend the Broadcasting Services Act 1992, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Broadcasting Services Amendment (Advertising for Sports Betting) Act 2013.
2 Commencement
This Act commences on the day this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments in relation to quoting and advertising odds for sports betting
Broadcasting Services Act 1992
1 After clause 7A of Schedule 2
Insert:
7AB Conditions about advertisements or information relating to gambling and odds for sports betting
(1) A licence allocated under section 38C is subject to the condition that the licensee must not broadcast:
(a) an advertisement providing information about odds for sports betting; or
(b) an advertisement about the provision of gambling services at any time before 9 pm; or
(c) information about odds for sports betting during (or in the period of 30 minutes before or after):
(i) the broadcast of a sporting event; or
(ii) a broadcast that relates to one or more sporting events.
Note 1: These conditions mean that a licensee cannot provide on‑screen captions about odds in respect of sports betting during the broadcast of a sporting event, or during a broadcast that relates to one or more sporting events.
Note 2: A general broadcast about issues arising in respect of a particular sport (for example, a show about Australian rules football) is a broadcast that relates to one or more sporting events for the purpose of subparagraph (1)(b)(ii).
(2) For the purpose of subclause (1):
odds means the comparative odds provided in respect of the likelihood of one or more events occurring.
sports betting means gambling services provided in relation to one or more sporting events (other than horse racing or greyhound racing), including gambling in relation to:
(a) the likelihood that an individual or team will win or lose one or more sporting events; and
(b) the likelihood that a particular event will occur (or not occur) during one or more sporting events.
7AC Conditions about the promotion of gambling services during broadcasts
(1) A licence allocated under section 38C is subject to the condition that the licensee must not broadcast information about sports betting during a broadcast if:
(a) the information is provided by a commentator during the broadcast; and
(b) the licensee receives a payment or other consideration for broadcasting the information.
Note: An agreement or understanding to purchase increased advertising from a licensee if a commentator discusses sports betting during a broadcast is a situation where the licensee receives “other consideration” for the purpose of paragraph (1)(b).
(2) For the purpose of subclause (1):
commentator means the host of a sports broadcasting program or a broadcast about a sporting event and includes any guests or other persons participating in the broadcast.
sports betting means gambling services provided in relation to one or more sporting events (other than horse racing or greyhound racing), including gambling in relation to:
(a) the likelihood that an individual or team will win or lose one or more sporting events; and
(b) the likelihood that a particular event will occur (or not occur) during one or more sporting events.
2 At the end of Part 4 of Schedule 2
Add:
8A Additional conditions about advertisements or information relating to gambling and odds for sports betting
(1) Each commercial radio broadcasting license is subject to the conditions that the licensee must not broadcast:
(a) an advertisement providing information about odds for sports betting; or
(b) an advertisement about the provision of gambling services at any time before 9 pm; or
(c) information about odds for sports betting during (or in the period of 30 minutes before or after):
(i) the broadcast of a sporting event; or
(ii) a broadcast that relates to one or more sporting events.
Note 1: These conditions mean that a licensee cannot provide on‑screen captions about odds in respect of sports betting during the broadcast of a sporting event, or during a broadcast that relates to one or more sporting events.
Note 2: A general broadcast about issues arising in respect of a particular sport (for example, a show about Australian rules football) is a broadcast that relates to one or more sporting events for the purpose of subparagraph (1)(b)(ii).
(2) For the purpose of subclause (1):
odds means the comparative odds provided in respect of the likelihood of one or more events occurring.
sports betting means gambling services provided in relation to one or more sporting events (other than horse racing or greyhound racing), including gambling in relation to:
(a) the likelihood that an individual or team will win or lose one or more sporting events; and
(b) the likelihood that a particular event will occur (or not occur) during one or more sporting events.
8B Additional conditions about the promotion of gambling services during broadcasts
(1) Each commercial radio broadcasting license is subject to the condition that the licensee must not broadcast information about sports betting during a broadcast if:
(a) the information is provided by a commentator during the broadcast; and
(b) the licensee receives a payment or other consideration for broadcasting the information.
Note: An agreement or understanding to purchase increased advertising from a licensee if a commentator discusses sports betting during a broadcast is a situation where the licensee receives “other consideration” for the purpose of paragraph (1)(b).
(2) For the purpose of subclause (1):
commentator means the host of a sports broadcasting program or a broadcast about a sporting event and includes any guests or other persons participating in the broadcast.
sports betting means gambling services provided in relation to one or more sporting events (other than horse racing or greyhound racing), including gambling in relation to:
(a) the likelihood that an individual or team will win or lose one or more sporting events; and
(b) the likelihood that a particular event will occur (or not occur) during one or more sporting events.
3 At the end of Part 6 of Schedule 2
Add:
10A Additional conditions about advertisements or information relating to gambling or odds for sports betting
(1) Each subscription television broadcasting license is subject to the conditions that the licensee must not broadcast:
(a) an advertisement providing information about odds for sports betting; or
(b) an advertisement about the provision of gambling services at any time before 9 pm each night; or
(c) information about odds for sports betting during (or in the period of 30 minutes before or after):
(i) the broadcast of a sporting event; or
(ii) a broadcast that relates to one or more sporting events.
Note 1: These conditions mean that a licensee cannot provide on‑screen captions about odds in respect of sports betting during the broadcast of a sporting event, or during a broadcast that relates to one or more sporting events.
Note 2: A general broadcast about issues arising in respect of a particular sport (for example, a show about Australian rules football) is a broadcast that relates to one or more sporting events for the purpose of subparagraph (1)(b)(ii).
(2) For the purpose of subclause (1):
odds means the comparative odds provided in respect of the likelihood of one or more events occurring.
sports betting means gambling services provided in relation to one or more sporting events (other than horse racing or greyhound racing), including gambling in relation to:
(a) the likelihood that an individual or team will win or lose one or more sporting events; and
(b) the likelihood that a particular event will occur (or not occur) during one or more sporting events.
10B Additional conditions about the promotion of gambling services during broadcasts
(1) Each subscription television broadcasting license is subject to the condition that the licensee must not broadcast information about sports betting during a broadcast if:
(a) the information is provided by a commentator during the broadcast; and
(b) the licensee receives a payment or other consideration for broadcasting the information.
Note: An agreement or understanding to purchase increased advertising from a licensee if a commentator discusses sports betting during a broadcast is a situation where the licensee receives “other consideration” for the purpose of paragraph (1)(b).
(2) For the purpose of subclause (1):
commentator means the host of a sports broadcasting program or a broadcast about a sporting event and includes any guests or other persons participating in the broadcast.
sports betting means gambling services provided in relation to one or more sporting events (other than horse racing or greyhound racing), including gambling in relation to:
(a) the likelihood that an individual or team will win or lose one or more sporting events; and
(b) the likelihood that a particular event will occur (or not occur) during one or more sporting events.
4 Application
The amendments in this Act apply from the date this Act receives the Royal Assent.