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Liquor & Gaming NSW warns betting providers over inducement advertising

The regulator is considering enforcement action against a major betting provider.

· 1 min read
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Key Points
Betting providers have been reminded that gambling inducements accessible in NSW are prohibited
Liquor & Gaming NSW is considering potential prosecution against a large provider over repeated bonus credit advertising
Operators have also been warned to respond fully and on time to statutory information notices

Liquor & Gaming NSW (L&GNSW) has warned licensed Betting Service Providers (BSPs) over gambling inducement advertising. The regulator has also raised concerns about failures to properly respond to statutory notices as the spring racing period intensifies.

Under Section 33H of the Betting and Racing Act 1998, gambling advertisements accessible to people in NSW cannot contain inducements encouraging them to gamble, gamble more frequently or open a betting account.

Prohibited inducements can include credit offers, vouchers, rewards programmes and gambling products or features offering additional benefits. The restrictions continue to apply where an advertisement includes a disclaimer stating that an offer is unavailable in NSW.

L&GNSW said it is currently considering enforcement action, including possible prosecution, against a large BSP that has repeatedly advertised inducements such as bonus credits. 

Corporations found breaching the advertising restrictions can face penalties of up to 1,000 penalty units, while individuals face a maximum of 100 penalty units.

The regulator stressed that increased commercial and operational pressures surrounding major racing events do not remove operators' compliance responsibilities.

Separately, L&GNSW has raised concerns about wagering providers' responses to statutory notices issued under Section 21 of the Gaming and Liquor Administration Act 2007.

Such notices can require operators to provide information or records within a specified timeframe. BSPs are expected to have systems for identifying notices, escalating them internally and submitting complete and accurate responses by the deadline.

Partial, late or otherwise deficient responses may constitute non-compliance. Failure to comply without lawful excuse carries a maximum penalty of 100 penalty units, while knowingly providing false or misleading information is also an offence.

L&GNSW has urged betting providers to review their internal procedures, with executives expected to maintain oversight of how statutory notices are handled.

Good to know

The warning comes during the peak spring racing period

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