12/3/19
Order to Cure - Facts
• The TGA has conducted an audit of approximately forty-two (42) promotions taking place between during October 2012–Oct 2014 to determine the extent to which such submissions have been in compliance with the requirements set forth in Part 26 and the TGA’s 2008 Guidance Memorandum on Promotions. As briefly summarized, the audit revealed: • There were twenty-eight (28) promotion submissions that were not timely submitted to theTGA. • There were six (6) instances of incomplete promotion submissions (required information and/or documentation were not included). • There were twelve (12) instances where promotion-relatedmarketingmaterials such as brochures and invitations were distributed to patrons prior to being approved by theTGA. • There were three (3) instances where the rules of the promotion were amended withoutTGA review and approval.
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Order to Cure - Analysis
• The audit revealed that heMarketing and Players Club departments have routinely failed to comply with the specific promotion submission requirements set forth Part 26 of the regulations and theTGA’s 2012 GuidanceMemorandum, particularly in relation to the advance notice and approval requirement. More than half of the promotions conducted in the reviewperiod were not compliant with the notice requirement andmarketingmaterials were routinely being circulated withoutTGA approval. • TheTGA’s reviewand approval process serves as an important check against unfair, misleading, and/or deceptive trade practices in relation to promotional activities. Additionally, it ensures that appropriate rules are in place to govern each promotional activity, which in turn serves to advance fairness and integrity of both the operation and the patrons. It is therefore critical that the development, marketing, and conduct of promotions are carried out in amanner that is consistent with applicable laws and regulations. Failure to maintain compliance, therefore, constitutes a serious violation
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