Document ID: chunk:federal_register_of_legislation:C2018A00028:clause:8_13
Version: federal_register_of_legislation:C2018A00028
Segment Type: clause
Provision Reference: sch 8 cl 13
Character Range: 28483–30798

13  Gambling promotional content

Prohibiting or regulating gambling promotional content
 (1) The online content service provider rules may make provision for or in relation to prohibiting or regulating gambling promotional content provided on online content services in conjunction with live coverage of a sporting event.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.

Explanatory content
 (2) The online content service provider rules may make provision for or in relation to requiring online content services providers to ensure that, if:
 (a) the provider provides an online content service; and
 (b) content that consists of live coverage of a sporting event is, or is to be, provided on the service;
explanatory content that relates to the following is provided on the service:
 (c) whether online content service provider rules made for the purposes of subclause (1) apply in relation to that live coverage;
 (d) if so, how those rules apply in relation to that live coverage.

Record‑keeping
 (3) The online content service provider rules may make provision for or in relation to requiring online content service providers to ensure that, if:
 (a) the provider provides an online content service; and
 (b) content that consists of live coverage of a sporting event is, or is to be, provided on the service;
the provider will:
 (c) make records that:
 (i) are of a kind or kinds specified in those rules; and
 (ii) are sufficient to enable compliance by the provider with online content service provider rules made for the purposes of subclause (1) or (2) to be readily ascertained; and
 (d) retain those records for the period ascertained in accordance with the first‑mentioned rules; and
 (e) make those retained records available to the ACMA on request.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.
 (4) For the purposes of subparagraph (3)(c)(i), each of the following is an example of a kind of record:
 (a) a written record;
 (b) an audio record;
 (c) an audio‑visual record.

End‑user physically present in Australia
 (5) Online content service provider rules made for the purposes of subclause (1) or (2) do not apply in relation to content provided on an online content service to an end‑user unless the end‑user is physically present in Australia.