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 is the Broadcasting Services Amendment (Prohibition of Gambling Advertisements) Act 2023.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Broadcasting Services Act 1992
1 Paragraph 3(1)(hb)
Repeal the paragraph, substitute:
(hb) to prohibit the broadcasting of gambling advertisements on certain television and radio broadcasting services; and
(hc) to prohibit the provision of gambling advertisements on certain online content services; and
2 Paragraph 3(1)(ia)
Omit “gambling promotional content provided on online content services”, substitute “gambling advertisements that are prohibited from being broadcast or provided”.
3 Subsection 3(2)
Repeal the following definitions:
(a) definition of gambling promotional content;
(b) definition of online content service provider.
4 Subsection 4(3AB)
Repeal the subsection.
5 Subsection 4(4)
Repeal the following definitions:
(a) definition of gambling promotional content;
(b) definition of online content service provider.
6 Subsection 6(1) (definition of gambling promotion program standard)
Repeal the definition.
7 Subsection 6(1) (definition of program standards)
Omit “, and includes a gambling promotion program standard”.
8 After section 121H
Insert:
121J Prohibition on broadcasting gambling advertisements
Application of section
(1) This section applies to the following persons (a broadcaster):
(a) a commercial television broadcasting licensee;
(b) a commercial radio broadcasting licensee;
(c) a subscription television broadcasting licensee;
(d) a person providing a subscription radio broadcasting service under a class licence.
Prohibition
(2) A broadcaster must not broadcast a gambling advertisement.
Exception—accidental or incidental broadcast
(3) Subsection (2) does not apply in relation to the broadcasting of a gambling advertisement if:
(a) the gambling advertisement is broadcast as an accidental or incidental accompaniment to the broadcasting of other matter; and
(b) the broadcaster does not receive any direct or indirect benefit (whether financial or not) for broadcasting the gambling advertisement (in addition to any direct or indirect benefit that the broadcaster receives for broadcasting other matter).
Implied freedom of political communication
(4) This section has no effect to the extent (if any) that its operation would infringe any constitutional doctrine of implied freedom of political communication.
(5) Subsection (4) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act.
Acquisition of property
(6) This section has no effect to the extent (if any) to which its operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).
Definitions
(7) In this section:
gambling advertisement has the same meaning as in Schedule 8.
9 Section 125A
Repeal the section.
10 Subsection 204(3)
Repeal the subsection.
11 After paragraph 7(1)(aa) of Schedule 2
Insert:
(ab) the licensee will comply with section 121J (prohibition on broadcasting gambling advertisements);
12 After paragraph 8(1)(a) of Schedule 2
Insert:
(aa) the licensee will comply with section 121J (prohibition on broadcasting gambling advertisements);
13 After paragraph 10(1)(a) of Schedule 2
Insert:
(aa) the licensee will comply with section 121J (prohibition on broadcasting gambling advertisements);
14 After paragraph 11(1)(ab) of Schedule 2
Insert:
(ac) in the case of a person who provides a subscription radio broadcasting service—the person will comply with section 121J (prohibition on broadcasting gambling advertisements);
15 Clause 1 of Schedule 8
Omit:
• The ACMA may make online content service provider rules about gambling promotional content provided on an online content service in conjunction with live coverage of a sporting event.
substitute:
• The provision of gambling advertisements on certain online content services is prohibited.
• The ACMA may make online content service provider rules about content provided on an online content service.
16 Clause 1 of Schedule 8
Omit:
• If an online content service provider contravenes the online content service provider rules, the provider may become liable to pay a civil penalty.
• The ACMA may give a remedial direction to an online content service provider if the provider contravenes the online content service provider rules.
substitute:
• An online content service provider may become liable to pay a civil penalty if the provider contravenes:
(a) the prohibition on the provision of gambling advertisements; or
(b) the online content service provider rules.
• The ACMA may give a remedial direction to an online content service provider if the provider contravenes the prohibition on the provision of gambling advertisements or the online content service provider rules.
17 Clause 2 of Schedule 8
Repeal the following definitions:
(a) definition of commentator betting odds promotion;
(b) definition of conclusion.
18 Clause 2 of Schedule 8
Insert:
gambling advertisement has the meaning given by clause 17A.
19 Clause 2 of Schedule 8
Repeal the following definitions:
(a) definition of gambling promotional content;
(b) definition of gambling service provider;
(c) definition of in conjunction with;
(d) definition of representative venue‑based promotion;
(e) definition of scheduled start;
(f) definition of sporting event.
20 Part 3 of Schedule 8 (heading)
Omit “promotional content”, substitute “advertisements”.
21 Division 1 of Part 3 of Schedule 8
Repeal the Division, substitute:
Division 1—Provision of gambling advertisements prohibited on certain online content services
13 Prohibition on providing gambling advertisements
(1) This section applies to the following kinds of online content service (a relevant online content service):
(a) an online content service that delivers content that consists of coverage of a sporting event (whether or not the coverage is live);
(b) an online content service that consists of an on‑demand program service (within the meaning of the Online Safety Act 2021).
(2) An online content service provider must not provide a gambling advertisement on a relevant online content service.
(3) Subclause (2) does not apply in relation to the provision of a gambling advertisement if:
(a) the gambling advertisement is provided as an accidental or incidental accompaniment to the provision of other matter; and
(b) the online content service provider does not receive any direct or indirect benefit (whether financial or not) for providing the gambling advertisement (in addition to any direct or indirect benefit that the online content service provider receives for providing other matter).
22 Paragraph 17(2)(a) of Schedule 8
Omit “promotional content”, substitute “advertisements”.
23 After clause 17 of Schedule 8
Insert:
17A Gambling advertisement
For the purposes of this Schedule, gambling advertisement means any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote the following:
(a) gambling;
(b) a gambling service in general;
(c) the whole or part of a trade mark in respect of a gambling service;
(d) a domain name or URL that relates to a gambling service;
(e) any words, abbreviations, initials or numbers that are closely associated with a gambling service (whether also closely associated with other kinds of services or products);
but does not include a designated interactive gambling service advertisement (within the meaning of Part 7A of the Interactive Gambling Act 2001).
24 Clauses 19 to 23 of Schedule 8
Repeal the clauses.
25 Subclause 24(1) of Schedule 8
After “contravened”, insert “clause 13 of this Schedule or”.
26 Clause 25 of Schedule 8 (heading)
Before “the online”, insert “clause 13 and”.
27 Subclause 25(1) of Schedule 8
Repeal the subclause, substitute:
(1) An online content service provider must not contravene:
(a) clause 13 of this Schedule; or
(b) the online content service provider rules.
28 Clause 26 of Schedule 8 (heading)
Before “the online”, insert “clause 13 and”.
29 Subclauses 26(1), (2) and (3) of Schedule 8
Before “the online content service provider rules” (wherever occurring), substitute “clause 13 of this Schedule or”.
30 Application provision
The amendments made by items 11 to 14 of this Schedule apply, on and after the commencement of this item, in relation to a licence regardless of when the licence was allocated.