Part 1—Introduction 1. Short title Simplified outline of this Act Prohibited interactive gambling services Telephone betting service Excluded wagering service Excluded gaming service Trade promotion gambling service Designated broadcasting link and designated datacasting link Excluded lottery service Regulated interactive gambling service Prohibited internet gambling content Designated country Exempt services Sporting event Extended meaning of use Crown to be bound Extension to external Territories Part 2— Designated interactive gambling services not to be provided to customers in Australia Prohibited interactive gambling services not to be provided to customers in Australia Unlicensed regulated interactive gambling services not to be provided to customers in Australia Part 2B— Credit not to be provided to customers of certain interactive wagering services Simplified outline of this Part Credit not to be provided to customers of certain interactive wagering services Exception—customer is a gambling service provider Acquisition of property Review of operation of this Part Part 3— Complaints system: gambling services etc.
Complaints in relation to gambling services etc Complaints about breaches of online provider rules etc Form of complaint Residency etc. ACMA may investigate matters Conduct of investigations Protection from civil proceedings Division 3—Action to be taken in relation to prohibited internet gambling content Action to be taken in relation to prohibited internet gambling content Deferral of action in order to avoid prejudicing a criminal investigation..
Notification of internet content Part 4—Complaints system: industry code and industry standard Division 1—Simplified outline Simplified outline Division 2—Interpretation Industry code Industry standard Designated internet gambling matters Division 3—General principles relating to industry code and industry standard Statement of regulatory policy Matters that must be dealt with by industry code and industry standard..
Division 4—Industry code Registration of industry code ACMA may request code Publication of notice where no body or association represents internet service providers Replacement of industry code Compliance with industry code Formal warnings—breach of industry code Division 5—Industry standard ACMA may determine an industry standard if a request for an industry code is not complied with ACMA may determine industry standard where no industry body or association formed ACMA may determine industry standard—total failure of industry code ACMA may determine industry standard—partial failure of industry code Compliance with industry standard Formal warnings—breach of industry standard Variation of industry standard Revocation of industry standard Division 6—Industry code and industry standard to be included on a Register Industry code and industry standard to be included on a Register Part 5—Complaints system: online provider rules Online provider rules Compliance with online provider rules Remedial directions—breach of online provider rules Continuing offences Continuing contravention of civil penalty provisions Formal warnings—breach of online provider rules Federal Court may order a person to cease supplying internet carriage services Part 6—Complaints system: protection from civil proceedings Part 7—Complaints system: review of decisions Review of decisions Part 7A— Prohibition of advertising of designated interactive gambling services Division 1—Interpretation: definitions Division 2—Interpretation: designated interactive gambling service advertisement Basic meaning of designated interactive gambling service advertisement Exception—political communication Exception—Websites etc.
Exception—premises of providers Exceptions—management advertisements etc Exception—products or services having the same name as a designated interactive gambling service Exception—advertisements of a kind specified in the regulations Division 3—Interpretation: publication of designated interactive gambling service advertisements Basic meaning of publish a designated interactive gambling service advertisement Publish does not include broadcast or datacast Exception—trade communications Exception—advertisements in telephone directories Exception—ordinary activities of exempt libraries Exception—acknowledgments of assistance or support Division 4—Broadcasting or datacasting of designated interactive gambling service advertisements in Australia Designated interactive gambling service advertisements not to be broadcast or datacast in Australia Accidental or incidental broadcast or datacast permitted Broadcast or datacast of advertisements during flights of aircraft Division 5—Publication of designated interactive gambling service advertisements in Australia Designated interactive gambling service advertisements not to be published in Australia Periodicals distributed outside Australia—acts of publication permitted Accidental or incidental publication permitted Publication by person not receiving any benefit permitted Publication of advertisements during flights of aircraft Division 6—Miscellaneous Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened Additional conditions for licences under the Broadcasting Services Act Division 1—Introduction Proclaimed start day When an outstanding or pending bet is resolved Electronic messages Regulated electronic messages Regulated telemarketing calls Regulated direct marketing material Application for registration Applicable identification procedure Bribery etc Duration of registration Extension of duration of registration Expiry of registration Deregistration—application by a registered individual Archived records consent Deregistration—other grounds Division 4—Prohibition of the provision of licensed interactive wagering services to registered individuals Prohibition of the provision of licensed interactive wagering services to registered individuals Division 5—Prohibition of the marketing of licensed interactive wagering services to registered individuals Regulated electronic message must not be sent to an electronic address of a registered individual Regulated telemarketing calls must not be made to a registered individual Regulated direct marketing material must not be sent to a registered individual Information about a registered individual must not be disclosed for marketing purposes Division 6—Rules about licensed interactive wagering service accounts etc.
Licensed interactive wagering service account must not be opened for a registered individual Closure of a licensed interactive wagering service account held by a registered individual—no outstanding or pending bets Closure of a licensed interactive wagering service account held by a registered individual—outstanding or pending bets Division 7—Disclosure of protected information Protected information Unauthorised disclosure of protected information Disclosure to Ministers Disclosure to public servants for advising their Ministers etc Division 8—Collection of cost recovery levy When levy is due and payable Late payment penalty Recovery of levy and late payment penalty Refund of overpayment of levy or late payment penalty Division 9—Miscellaneous Dealing with complaints Application of the Privacy Act to the Register operator Application of the Freedom of Information Act to the Register operator Implied freedom of political communication Review of this Part Evaluation of this Part Register rules The primary objective of the IGA is to reduce harm to problem gamblers and to those at risk of becoming problem gamblers.
The evidence since the last review of the IGA suggests that it is making only a very minor contribution to this objective. The IGA may in fact be exacerbating the risk of harm because of the high level of usage by Australians of prohibited services which may not have the same protections that Australian licensed online gambling providers could be required to have.
There may be around online gambling providers currently offering services to Australians that may be in contravention of the IGA. The effectiveness of the IGA in reducing the risk of harm could be increased by enabling and encouraging prohibited online gambling service providers, particularly those that are popular amongst Australians, to become licensed in Australia on condition that they:.
Civil penalty provisions—enforcement Civil penalty provisions—infringement notices Civil penalty provisions—injunctions Service of notices Application of the Broadcasting Services Act Additional ACMA function—monitoring compliance with codes and standards Operation of State and Territory laws Regulations about unenforceability of agreements relating to illegal interactive gambling services Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Part 1 — Introduction.
This Act may be cited as the Interactive Gambling Act In this Act, unless the contrary intention appears:. Australia , when used in a geographical sense, includes the external Territories. Australian police force means:. To avoid doubt, the fact that a club or association provides services to its members does not prevent those services from being services provided in the course of carrying on a business.
Note: For example, the ACMA may make matters or things available on the internet with or without security measures. Federal Court means the Federal Court of Australia. Note: This definition relates to the offence provisions and civil penalty provisions set out in section 15 and Part 7A. Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:.
This Act extends to every external Territory. Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.
Part 2 — Designated interactive gambling services not to be provided to customers in Australia. Note: In the case of proceedings for an offence against subsection 1 , the defendant bears an evidential burden in relation to the matters in subsection 3 see subsection Note: In the case of proceedings for an offence against subsection 1 , the defendant bears an evidential burden in relation to the matters in subsection 5 see subsection Part 3 — Complaints system: gambling services etc.
If a person the first person has reason to believe that another person has contravened a provision of:. If a person has reason to believe that:. A person is not entitled to make a complaint under this Division unless the person is:. Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith:.
Division 3 — Action to be taken in relation to prohibited internet gambling content. Internet content may be notified in accordance with this Division by:.
Part 4 — Complaints system: industry code and industry standard. Division 1 — Simplified outline. The following is a simplified outline of this Part. Division 2 — Interpretation.
For the purposes of this Act, an industry code is a code developed under this Part whether or not in response to a request under this Part. For the purposes of this Act, an industry standard is a standard determined under this Part. For the purposes of this Act, the following matters are designated internet gambling matters :.
Division 3 — General principles relating to industry code and industry standard. Matters that must be dealt with by industry code or industry standard. Note: For specification by class, see subsection 13 3 of the Legislation Act Division 4 — Industry code. Note: Paragraphs 38 1 e and f deal with submissions about draft codes.
The ACMA may issue a formal warning if an internet service provider contravenes an industry code registered under this Part. Division 5 — Industry standard. A standard under this subsection is to be known as an industry standard. However, this subsection does not affect:. The ACMA may issue a formal warning if an internet service provider contravenes an industry standard registered under this Part. The ACMA may, by legislative instrument, vary an industry standard that applies to internet service providers if it is satisfied that it is necessary or convenient to do so to provide appropriate community safeguards in relation to either or both of the designated internet gambling matters.
Division 6 — Industry code and industry standard to be included on a Register. Part 5 — Complaints system: online provider rules. For the purposes of this Act, each of the following is an online provider rule :. Civil penalty for contravention of this subsection: 75 penalty units. The ACMA may issue a formal warning if a person contravenes an online provider rule.
Part 6 — Complaints system: protection from civil proceedings. Civil proceedings do not lie against an internet service provider in respect of anything done by the provider in compliance with:.
Part 7 — Complaints system: review of decisions. Part 7A — Prohibition of advertising of designated interactive gambling services. Division 1 — Interpretation: definitions. In this Part, unless the contrary intention appears:. Division 2 — Interpretation: designated interactive gambling service advertisement.
Words, signs or symbols that appear in or on land or buildings occupied by a designated interactive gambling service provider do not, when so appearing, constitute a designated interactive gambling service advertisement but this does not prevent a still or moving picture, or other visual image, of words, signs or symbols that so appear from being a designated interactive gambling service advertisement.
To avoid doubt, none of the following constitutes a designated interactive gambling service advertisement:. Related bodies corporate taken to be associated with each other. The regulations may provide that an advertisement of a kind specified in the regulations is not a designated interactive gambling service advertisement for the purposes of this Part.
Division 3 — Interpretation: publication of designated interactive gambling service advertisements. For the purposes of this Part, the broadcasting or datacasting of a designated interactive gambling service advertisement by a person does not amount to the publication of the advertisement by the person. For the purposes of this Part, the communication of information that is or includes a designated interactive gambling service advertisement to a group of people all of whom are involved in the provision of designated interactive gambling services, does not, of itself, amount to a publication of the designated interactive gambling service advertisement.
Nothing that a person does for the purposes of the ordinary activities of an exempt library amounts, for the purposes of this Part, to a publication of a designated interactive gambling service advertisement. For the purposes of this Part, the publication of an acknowledgment of assistance or support does not amount to the publication of a designated interactive gambling service advertisement if it complies with regulations made for the purposes of this section that permit the publication of such acknowledgments.
Division 4 — Broadcasting or datacasting of designated interactive gambling service advertisements in Australia. Civil penalty for contravention of this subsection: penalty units. Division 5 — Publication of designated interactive gambling service advertisements in Australia. Division 6 — Miscellaneous. Civil proceedings do not lie against a person for refusing or failing to broadcast, datacast or publish a designated interactive gambling service advertisement if the broadcast, datacast or publication is prohibited by this Part.
Provision of a broadcasting service under a class licence. Part 8 — Miscellaneous. Chapter 2 of the Criminal Code except Part 2. The ACMA may issue a formal warning if a person contravenes:. Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions. Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions. In addition to other methods of giving a notice, a notice under this Act may be given by fax. The following provisions of the Broadcasting Services Act have effect as if each reference in those provisions to that Act included a reference to this Act:.
This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act. Endnote 1—About the endnotes. The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation:. The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4. Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended or will amend the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision generally section or equivalent level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. The Legislation Act authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration.
The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms.
Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. Endnote 2—Abbreviation key. Endnote 3—Legislation history. Application, saving and transitional provisions. Corporations Repeals, Consequentials and Transitionals Act Sch 1 items — : 11 Mar s 2 1 , 8 a and gaz , No GN Sch 1 items 68—70 , Sch 2, Sch 4: 1 July s 2 1 items 2, 3, Sch 1 item 95 : 20 Jan s 2 1 item 2.
Sch 5 items 62—68 : and Sch 5 items , : 1 Mar s 2 1 items 31, Sch 2 items — and Sch 3 items 10, 11 : 27 Dec s 2 1 items 3, Sch 4 item 89 : 24 June s 2 1 item 9. Sch 2 items 17—24, 86—91, , — : 17 Oct s 2 1 item 2.
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