Document ID: chunk:federal_register_of_legislation:C2025C00023:section:125a:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 125A (pt 1/4)
Character Range: 501457–504576

125A  ACMA must determine a gambling promotion program standard if directed by the Minister

Ministerial direction
 (1) The Minister may, by legislative instrument, give the ACMA a direction to:
 (a) determine a gambling promotion program standard that complies with the requirements specified in the direction; and
 (b) do so within a period specified in the direction.
 (2) The ACMA must comply with a direction under subsection (1).
 (3) The ACMA must not determine a gambling promotion program standard unless it does so in accordance with a direction under subsection (1).

Determination of a gambling promotion program standard
 (4) The ACMA may, by legislative instrument, determine a standard, to be known as a gambling promotion program standard, prescribing matters required or permitted by this Act to be prescribed by a gambling promotion program standard.

Prohibiting or regulating gambling promotional content
 (5) A gambling promotion program standard may make provision for or in relation to prohibiting or regulating the broadcast of gambling promotional content:
 (a) on broadcasting services provided by any or all of the following:
 (i) commercial television broadcasting licensees;
 (ii) commercial radio broadcasting licensees;
 (iii) subscription television broadcasting licensees;
 (iv) providers of subscription radio narrowcasting services;
 (v) providers of subscription television narrowcasting services; and
 (b) in conjunction with live coverage of a sporting event.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.

Explanatory matter
 (6) A gambling promotion program standard may make provision for or in relation to requiring any or all of the following:
 (a) commercial television broadcasting licensees;
 (b) commercial radio broadcasting licensees;
 (c) subscription television broadcasting licensees;
 (d) providers of subscription radio narrowcasting services;
 (e) providers of subscription television narrowcasting services;
to ensure that, if live coverage of a sporting event is, or is to be, broadcast on a broadcasting service provided by the licensee or provider, explanatory matter that relates to the following is provided by the licensee or provider in a manner specified in the standard:
 (f) whether a gambling promotion program standard made for the purposes of subsection (5) applies in relation to that live coverage;
 (g) if so, how the gambling promotion program standard applies in relation to that live coverage.

Record‑keeping
 (7) A gambling promotion program standard may make provision for or in relation to requiring any or all of the following:
 (a) commercial television broadcasting licensees;
 (b) commercial radio broadcasting licensees;
 (c) subscription television broadcasting licensees;
 (d) providers of subscription radio narrowcasting services;
 (e) providers of subscription television narrowcasting services;
to ensure that, if live coverage of a sporting event is, or is to be, broadcast on a broadcasting service provided by the licensee or provider, the licensee or provider will:
 (f) make records that:
 (i) are of