Interactive Gambling Amendment (National Self-exclusion Register) Act 2019 (Cth)

Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019 No. 127, 2019 An Act to amend the Interactive Gambling Act 2001, and for other purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—National Self‑exclusion Register Australian Communications and Media Authority Act 2005 Interactive Gambling Act 2001 Privacy Act 1988 Interactive Gambling Amendment (National Self-exclusion Register) Act 2019 No. 127, 2019 An Act to amend the Interactive Gambling Act 2001, and for other purposes [Assented to 12 December 2019] The Parliament of Australia enacts: 1 Short title This Act is the Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent. 13 December 2019 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—National Self‑exclusion Register Australian Communications and Media Authority Act 2005 1 After subparagraph 10(1)(o)(iii) Insert: (iv) the National Self‑exclusion Register (Cost Recovery Levy) Act 2019; or 2 After section 59K Insert: 59KA Relationship with Part 7B of the Interactive Gambling Act 2001 This Part does not authorise a disclosure of information that is prohibited by Part 7B of the Interactive Gambling 2001. Interactive Gambling Act 2001 3 Section 3 Omit: (e) unlicensed regulated interactive gambling services must not be advertised. substitute: (e) unlicensed regulated interactive gambling services must not be advertised; (f) licensed interactive wagering services must not be provided to an individual who is registered in the National Self‑exclusion Register. 4 At the end of section 3 Add: Note: Licensed interactive wagering service and National Self‑exclusion Register are defined in section 61GB. 5 Section 11A After "this Act", insert "(other than Part 7B)". 6 At the end of paragraph 16(c) Add "or". 7 After paragraph 16(c) Insert: (d) Part 7B; 8 At the end of paragraph 21(1)(a) Add: or (iv) Part 7B; 9 After Part 7A Insert: Part 7B—National Self‑exclusion Register Division 1—Introduction 61GA Simplified outline of this Part • This Part sets up a mechanism that allows individuals to exclude themselves from being provided with licensed interactive wagering services. • The ACMA must arrange for a body corporate to keep a register to be known as the National Self‑exclusion Register. The body corporate is to be known as the Register operator. • An individual may apply to the Register operator for the individual to be registered in the National Self‑exclusion Register. • A licensed interactive wagering service provider must not: (a) provide a licensed interactive wagering service to a registered individual; or (b) send, or cause to be sent, a regulated electronic message to an electronic address of a registered individual; or (c) make, or cause to be made, a regulated telemarketing call to a registered individual; or (d) send, or cause to be sent, regulated direct marketing material to a registered individual; or (e) disclose information about a registered individual for marketing purposes; or (f) open a licensed interactive wagering service account for a registered individual. • The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual. 61GB Definitions In this Part: account includes: (a) a pre‑paid account; and (b) a credit account; and (c) anything that may reasonably be regarded as the equivalent of an account. It is immaterial whether an account has a nil balance. applicable identification procedure has the meaning ascertained in accordance with the Register rules. archived records consent has the meaning given by subsection 61JL(2). benefit includes any advantage and is not limited to property. contracted service provider: (a) in relation to a licensed interactive wagering service provider—means a person who performs services for or on behalf of the provider, but does not include a person who performs such services in the capacity of an employee of the provider; or (b) in relation to the Register operator—means a person who performs services for or on behalf of the Register operator, but does not include a person who performs such services in the capacity of an employee of the Register operator. electronic message has the meaning given by section 61GE. gambling‑related lobbying means lobbying any one or more of the following: (a) a government; (b) a department, agency or authority of a government; (c) a public official; (d) a member of a legislative body; (e) a political party; (f) a candidate in an election; in relation to: (g) gambling services; or (h) one or more kinds of gambling services; or (i) one or more particular gambling services. general practitioner has the same meaning as in the Health Insurance Act 1973. late payment penalty has the meaning given by subsection 61PB(2). levy means levy imposed by the National Self‑exclusion Register (Cost Recovery Levy) Act 2019. licensed interactive wagering service means a regulated interactive gambling service that: (a) is a wagering service (see section 4); and (b) has an Australian‑customer link (see section 8); and (c) is not provided in contravention of subsection 15AA(3). licensed interactive wagering service account means an account that: (a) an individual has with a licensed interactive wagering service provider; and (b) relates exclusively to the provision, or prospective provision, of one or more licensed interactive wagering services to the individual. licensed interactive wagering service provider means a person who provides a licensed interactive wagering service. listed support service means a support service specified in the Register rules. lobby includes: (a) communicate, in any way, with a person or a group of persons for the purpose of influencing any process, decision or outcome; and (b) represent the interests of a person, in any process. make includes attempt to make. message means information: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (animated or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms. name, in relation to an individual, means: (a) the individual's full name; or (b) the name by which the individual is commonly known. National Self‑exclusion Register means the register kept under section 61HA. nominated support person, in relation to a registered individual, means an individual identified in the National Self‑exclusion Register as a nominated support person of the registered individual. ownership interest, in relation to a body corporate: (a) means an interest in the body corporate as a shareholder in the body corporate; and (b) includes such an interest held indirectly through one or more interposed companies, partnerships or trusts. proclaimed start day has the meaning given by section 61GC. protected information has the meaning given by section 61NA. public official includes a person who holds, or performs the duties of, a ministerial office. qualified counsellor means an individual who is a member of: (a) the Psychotherapy and Counselling Federation of Australia; or (b) the Australian Counselling Association. qualified psychologist means an individual who is registered as a psychologist under: (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland. recognised third‑party identification procedure has the meaning given by the Register rules. registered individual means an individual registered in the National Self‑exclusion Register under this Part. Register operator means the body corporate who keeps the National Self‑exclusion Register as mentioned in subsection 61HA(1). Register rules means rules made under section 61QH. regulated direct marketing material has the meaning given by section 61GH. regulated electronic message has the meaning given by section 61GF. regulated telemarketing call has the meaning given by section 61GG. resolved, in relation to an outstanding or pending bet, has the meaning given by section 61GD. send includes attempt to send. State/Territory wagering licensing or regulatory body means: (a) a body that is responsible for issuing or granting licences (however described) under a law of a State or Territory that authorises the provision of a particular kind of licensed interactive wagering service in the State or Territory; or (b) a body that is responsible for regulating persons who hold licences covered by paragraph (a). support service includes a counselling service. voice call means: (a) a voice call within the ordinary meaning of that expression; or (b) a call that involves a recorded or synthetic voice; or (c) if a call covered by paragraph (a) or (b) is not practical for a particular individual with a disability (for example, because the individual has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs. 61GC Proclaimed start day (1) For the purposes of this Part, proclaimed start day means the day fixed by Proclamation for the purposes of this subsection. Note 1: The proclaimed start day is the first day on which an individual can apply to be registered in the National Self‑exclusion Register—see subsection 61JA(9). Note 2: Section 61QF provides for a review of this Part to be conducted after the end of the 12‑month period beginning at the start of the proclaimed start day. Note 3: Section 61QG provides for an evaluation of this Part to be conducted after the end of the 3‑year period beginning at the start of the proclaimed start day. (2) A Proclamation under subsection (1) is taken to be a commencement instrument for the purposes of the Legislation Act 2003. 61GD When an outstanding or pending bet is resolved (1) For the purposes of this Part: (a) if an outstanding or pending bet turns out to be a winning bet—the bet is resolved when the bet is settled; and (b) if an outstanding or pending bet turns out to be a losing bet—the bet is resolved when it becomes clear that the bet is a losing bet; and (c) if the bettor becomes entitled to a refund of the bet—the bet is resolved when it becomes clear that the bettor has become entitled to a refund of the bet. (2) For the purposes of paragraph (1)(c), it is immaterial whether a refund is or will be made by way of a credit to a licensed interactive wagering service account. 61GE Electronic messages (1) For the purposes of this Part, an electronic message is a message sent: (a) using: (i) an internet carriage service; or (ii) any other listed carriage service; and (b) to an electronic address in connection with: (i) an email account; or (ii) an instant messaging account; or (iii) a telephone account; or (iv) a similar account. Note: Email addresses and telephone numbers are examples of electronic addresses. (2) For the purposes of subsection (1), it is immaterial whether the electronic address exists. (3) For the purposes of subsection (1), it is immaterial whether the message reaches its intended destination. (4) Subsection (1) has effect subject to subsection (5). Excluded messages—voice calls (5) If a message is sent by way of a voice call, the message is not an electronic message for the purposes of this Part. 61GF Regulated electronic messages (1) For the purposes of this Part, a regulated electronic message is an electronic message, where, having regard to: (a) the content of the message; and (b) the way in which the message is presented; and (c) the content that can be located using the links, telephone numbers or contact information (if any) set out in the message; it would be concluded that the purpose, or one of the purposes, of the message is: (d) to offer to provide licensed interactive wagering services; or (e) to advertise or promote licensed interactive wagering services; or (f) to advertise or promote a provider, or prospective provider, of licensed interactive wagering services. (2) Paragraphs (1)(d), (e) and (f) are to be read independently of each other. 61GG Regulated telemarketing calls (1) For the purposes of this Part, a regulated telemarketing call is a voice call, where, having regard to: (a) the content of the call; and (b) the presentational aspects of the call; and (c) the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the call; and (d) if: (i) the call is made from a telephone number; and (ii) that number is disclosed to the recipient (whether by calling line identification or otherwise); the content (if any) that can be obtained by calling that number; it would be concluded that the purpose, or one of the purposes, of the call is: (e) to offer to provide licensed interactive wagering services; or (f) to advertise or promote licensed interactive wagering services; or (g) to advertise or promote a provider, or prospective provider, of licensed interactive wagering services. (2) Paragraphs (1)(e), (f) and (g) are to be read independently of each other. 61GH Regulated direct marketing material (1) For the purposes of this Part, regulated direct marketing material means physical material, where, having regard to: (a) the content of the material; and (b) the way in which the material is presented; and (c) the content that can be located using the URLs, telephone numbers or contact information (if any) set out in the material; it would be concluded that the purpose, or one of the purposes, of the material is: (d) to offer to provide licensed interactive wagering services; or (e) to advertise or promote licensed interactive wagering services; or (f) to advertise or promote a provider, or prospective provider, of licensed interactive wagering services. (2) Paragraphs (1)(d), (e) and (f) are to be read independently of each other. Division 2—National Self‑exclusion Register 61HA National Self‑exclusion Register (1) The ACMA must arrange for a body corporate (the Register operator) to keep, on behalf of the ACMA, a register to be known as the National Self‑exclusion Register. (2) The register may also be known by a name specified in the Register rules. (3) The register is to be kept in electronic form. (4) The register is not a legislative instrument. Payments to the Register operator (5) An arrangement under subsection (1) may provide for the ACMA, on behalf of the Commonwealth, to make payments to the Register operator. Register operator must not provide a gambling service or undertake gambling‑related lobbying etc. (6) The ACMA must not make an arrangement under subsection (1) with a body corporate that: (a) provides a gambling service; or (b) is a member of the same related company group as a body corporate that provides a gambling service; or (c) holds an ownership interest in a body corporate that provides a gambling service; or (d) undertakes gambling‑related lobbying; or (e) is a member of the same related company group as a body corporate that undertakes gambling‑related lobbying; or (f) holds an ownership interest in a body corporate that undertakes gambling‑related lobbying. (7) The ACMA must ensure that an arrangement under subsection (1) is subject to a condition that the Register operator must not: (a) provide a gambling service; or (b) be a member of the same related company group as a body corporate that provides a gambling service; or (c) hold an ownership interest in a body corporate that provides a gambling service; or (d) undertake gambling‑related lobbying; or (e) be a member of the same related company group as a body corporate that undertakes gambling‑related lobbying; or (f) hold an ownership interest in a body corporate that undertakes gambling‑related lobbying. Division 3—Registration in the National Self‑exclusion Register 61JA Application for registration (1) An individual may apply to the Register operator for the individual to be registered in the National Self‑exclusion Register. (2) An application under subsection (1) must: (a) state that the applicant wants to be registered for a specified number of months; or (b) state that the applicant wants to be registered for a specified number of years; or (c) state that the applicant wants to be registered for life. (3) The number of months specified under paragraph (2)(a): (a) must be a whole number; and (b) must not be less than 3. (4) The number of years specified under paragraph (2)(b) must be a whole number. (5) An application under subsection (1) must be made in a manner prescribed by the Register rules. (6) An application under subsection (1) must: (a) include a statement to the effect that the applicant is ordinarily resident in Australia; and (b) include such information relating to the applicant as is prescribed by the Register rules. Nominated support person (7) An application under subsection (1) may: (a) nominate: (i) another individual to be a nominated support person of the applicant; or (ii) each of 2 other individuals to be a nominated support person of the applicant; or (iii) each of 3 other individuals to be a nominated support person of the applicant; or (iv) each of 4 other individuals to be a nominated support person of the applicant; or (v) each of 5 other individuals to be a nominated support person of the applicant; and (b) include a statement to the effect that the applicant has obtained the consent of the other individual, or each of the other individuals, to be a nominated support person of the applicant; and (c) include such information relating to the other individual, or each of the other individuals, as is prescribed by the Register rules. Reactivation of a previous registration (8) If: (a) an application is made under subsection (1); and (b) the applicant ceased to be a registered individual on one or more occasions during the 7‑year period ending when the application was made; and (c) the applicant gave an archived records consent that is applicable to the most recent cessation of registration; and (d) the application includes a statement to the effect that the applicant wants to reactivate the applicant's previous registration; then: (e) the Register operator may use any or all of the information and statements included in the applicant's entry in the National Self‑exclusion Register (as it stood immediately before that most recent cessation of registration) to prefill any or all of the fields in the application; and (f) the applicant may delete or modify any or all of the prefilled information or statements before finalising the application. Proclaimed start day (9) An individual is not entitled to make an application under subsection (1) before the proclaimed start day. 61JB Applicable identification procedure (1) If an individual makes an application under section 61JA to be registered in the National Self‑exclusion Register, the Register operator must attempt to carry out the applicable identification procedure in respect of the applicant. (2) Subsection (1) does not apply if a recognised third‑party identification procedure has been carried out in respect of the applicant. (3) Subsection (1) does not apply if: (a) the applicant ceased to be a registered individual on one or more occasions during the 7‑year period ending when the application was made; and (b) the applicant gave an archived records consent that is applicable to the most recent cessation of registration; and (c) the application includes a statement to the effect that the applicant wants to reactivate the applicant's previous registration. 61JC Registration (1) If: (a) an individual (the relevant individual) makes an application under section 61JA to be registered in the National Self‑exclusion Register; and (b) either: (i) the Register operator has carried out the applicable identification procedure in respect of the relevant individual; or (ii) as a result of subsection 61JB(2) or (3), the Register operator is not required to attempt to carry out the applicable identification procedure in respect of the relevant individual; the Register operator must: (c) register the relevant individual by making an entry for the individual in the National Self‑exclusion Register; and (d) do so within the period ascertained in accordance with the Register rules. (2) The entry must include: (a) the relevant individual's name; and (b) if the application nominated: (i) another individual to be a nominated support person of the applicant; or (ii) each of 2 other individuals to be a nominated support person of the applicant; or (iii) each of 3 other individuals to be a nominated support person of the applicant; or (iv) each of 4 other individuals to be a nominated support person of the applicant; or (v) each of 5 other individuals to be a nominated support person of the applicant; for each nominated individual: (vi) a statement to the effect that the individual is a nominated support person of the relevant individual; and (vii) such other information relating to the individual as is prescribed by the Register rules. (3) If the entry includes a statement to the effect that another individual is a nominated support person of the relevant individual, the Register operator must: (a) notify the other individual: (i) that the Register operator has registered the relevant individual; and (ii) that the other individual is a nominated support person of the relevant individual; and (iii) of such other information (if any) as is prescribed by the Register rules; and (b) do so as soon as practicable after registering the relevant individual. 61JD Bribery etc. Offence—bribery (1) A person commits an offence if: (a) the person is a licensed interactive wagering service provider; and (b) the person: (i) provides a benefit to an individual; or (ii) causes a benefit to be provided to an individual; or (iii) offers to provide, or promises to provide, a benefit to an individual; or (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to an individual; and (c) the person does so with the intention of influencing the individual: (i) not to become a registered individual; or (ii) to cease to be a registered individual. Penalty: 120 penalty units. Civil penalty provision—bribery (2) A licensed interactive wagering service provider must not: (a) provide a benefit to an individual; or (b) cause a benefit to be provided to an individual; or (c) offer to provide, or promise to provide, a benefit to an individual; or (d) cause an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to an individual; with the intention of influencing the individual: (e) not to become a registered individual; or (f) to cease to be a registered individual. Civil penalty: 180 penalty units. Offence—influence (3) A person commits an offence if: (a) the person is a licensed interactive wagering service provider; and (b) the person does an act or thing; and (c) the person does the act or thing with the intention of influencing an individual: (i) not to become a registered individual; or (ii) to cease to be a registered individual. Penalty: 60 penalty units. Civil penalty provision—influence (4) A licensed interactive wagering service provider must not do an act or thing with the intention of influencing an individual: (a) not to become a registered individual; or (b) to cease to be a registered individual. Civil penalty: 90 penalty units. Offence—extended geographical jurisdiction (5) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (3). 61JE Re‑registration If an individual's entry is removed from the National Self‑exclusion Register, this Act does not prevent the Register operator from subsequently re‑registering the individual under subsection 61JC(1). 61JF Duration of registration Registration for a number of months (1) If: (a) in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self‑exclusion Register; and (b) the application stated that the individual wants to be registered for a specified number of months; the registration remains in force for that number of months. (2) Subsection (1) has effect subject to sections 61JG, 61JK, 61JM and 61JN. Registration for a number of years (3) If: (a) in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self‑exclusion Register; and (b) the application stated that the individual wants to be registered for a specified number of years; the registration remains in force for that number of years. (4) Subsection (3) has effect subject to sections 61JG, 61JK, 61JM and 61JN. Registration for life (5) If: (a) in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self‑exclusion Register; and (b) the application stated that the individual wants to be registered for life; the registration remains in force for the life of the individual. (6) Subsection (5) has effect subject to sections 61JK, 61JM and 61JN. Nominated support person to be notified of duration of registration (7) If: (a) the Register operator registers an individual by making an entry for the individual in the National Self‑exclusion Register; and (b) the individual has a nominated support person; the Register operator must: (c) notify the nominated support person of the duration of the individual's registration; and (d) do so as soon as practicable after registering the individual. 61JG Extension of duration of registration (1) A registered individual may: (a) apply to the Register operator to extend the duration of the individual's registration by a specified number of months; or (b) apply to the Register operator to extend the duration of the individual's registration by a specified number of years; or (c) apply to the Register operator to extend the duration of the individual's registration to the end of the individual's life. (2) A number of months specified under paragraph (1)(a) must be a whole number. (3) A number of years specified under paragraph (1)(b) must be a whole number. (4) An application under subsection (1) must: (a) include such information (if any) as is prescribed by the Register rules; and (b) be made in a manner prescribed by the Register rules. (5) If a registered individual makes an application under subsection (1) to extend the duration of the individual's registration by a specified number of months, the Register operator must extend the duration of the individual's registration by that number of months. (6) If a registered individual makes an application under subsection (1) to extend the duration of the individual's registration by a specified number of years, the Register operator must extend the duration of the individual's registration by that number of years. (7) If a registered individual makes an application under subsection (1) to extend the duration of the individual's registration to the end of the individual's life, the Register operator must extend the duration of the individual's registration to the end of the individual's life. (8) If: (a) the Register operator extends the duration of a registered individual's registration; and (b) the individual has a nominated support person; the Register operator must: (c) notify the nominated support person of: (i) the extension; and (ii) if the extension is not to the end of the individual's life—the time when the individual's registration will expire as a result of the extension; and (d) do so as soon as practicable after making the extension. 61JH Expiry of registration (1) If the registration of a registered individual expires, the Register operator must remove the individual's entry from the National Self‑exclusion Register. (2) If the registration of a registered individual will expire at a known time, the Register operator must: (a) notify the individual that the individual's registration will expire at that time; and (b) do so at least 14 days before that time. (3) If: (a) the registration of a registered individual will expire at a known time; and (b) the individual has a nominated support person; the Register operator must: (c) notify the nominated support person that the individual's registration will expire at that time; and (d) do so at least 14 days before that time. 61JI Variation of the National Self‑exclusion Register—nominated support person New nominated support person (1) The Register rules may authorise the Register operator to vary a registered individual's entry in the National Self‑exclusion Register by including: (a) a statement to the effect that another individual is a nominated support person of the registered individual; and (b) such information relating to the other individual as is prescribed by the Register rules. (2) If, as the result of a variation under Register rules made for the purposes of subsection (1), an individual (the relevant individual) becomes a nominated support person of a registered individual, the Register operator must: (a) notify the relevant individual that the relevant individual has become a nominated support person of the registered individual; and (b) do so as soon as practicable after the relevant individual becomes a nominated support person of the registered individual. Ceasing to be a nominated support person (3) The Register rules may authorise the Register operator to vary a registered individual's entry in the National Self‑exclusion Register by deleting: (a) a statement relating to a nominated support person of the registered individual; and (b) any information relating to the nominated support person. (4) If, as the result of a variation under Register rules made for the purposes of subsection (3), an individual (the former nominated support person) ceases to be a nominated support person of a registered individual, the Register operator must: (a) notify the former nominated support person of the cessation; and (b) do so as soon as practicable after the cessation. Death of nominated support person (5) The Register rules may provide that, if: (a) a registered individual has a nominated support person; and (b) the Register operator becomes aware that the nominated support person has died; the Register operator must vary the registered individual's entry in the National Self‑exclusion Register by deleting: (c) the statement relating to the nominated support person; and (d) any information relating to the nominated support person. O