Commonwealth: Interactive Gambling Act 2001 (Cth)

Interactive Gambling Act 2001 No. 84, 2001 Compilation No. 24 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Interactive Gambling Act 2001 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Introduction 1 Short title 2 Commencement 3 Simplified outline of this Act 4 Definitions 5 Prohibited interactive gambling services 8 Australian‑customer link 8AA Telephone betting service 8A Excluded wagering service 8B Excluded gaming service 8BA Place‑based betting service 8BB Trade promotion gambling service 8C Designated broadcasting link and designated datacasting link 8D Excluded lottery service 8E Regulated interactive gambling service 8F Prohibited internet gambling content 9A Designated country 9B Designated country‑customer link 10 Exempt services 10A Sporting event 10B In‑play betting service 11 Extended meaning of use 11A Credit 12 Crown to be bound 13 Extension to external Territories 14 Extra‑territorial application Part 2—Designated interactive gambling services not to be provided to customers in Australia 15 Prohibited interactive gambling services not to be provided to customers in Australia 15AA Unlicensed regulated interactive gambling services not to be provided to customers in Australia Part 2A—Australian‑based prohibited interactive gambling services not to be provided to customers in designated countries 15A Australian‑based prohibited interactive gambling services not to be provided to customers in designated countries Part 2B—Prohibitions relating to credit and digital currency for certain interactive wagering services 15B Simplified outline of this Part 15C Prohibitions relating to credit and digital currency for certain interactive wagering services 15D Exception—provider's annual wagering turnover less than $30 million 15E Exception—customer is a gambling service provider 15F Acquisition of property Part 3—Complaints system: gambling services etc. Division 1—Making of complaints to the ACMA 16 Complaints in relation to gambling services etc. 17 Complaints about breaches of online provider rules etc. 18 Form of complaint 19 Residency etc. of complainant Division 2—Investigations by the ACMA 21 ACMA may investigate matters 22 Conduct of investigations 23 Protection from civil proceedings Division 3—Action to be taken in relation to prohibited internet gambling content 24 Action to be taken in relation to prohibited internet gambling content 25 Deferral of action in order to avoid prejudicing a criminal investigation 26 Anti‑avoidance—notified internet content 29 Notification of internet content Part 4—Complaints system: industry code and industry standard Division 1—Simplified outline 32 Simplified outline Division 2—Interpretation 33 Industry code 34 Industry standard 35 Designated internet gambling matters Division 3—General principles relating to industry code and industry standard 36 Statement of regulatory policy 37 Matters that must be dealt with by industry code and industry standard Division 4—Industry code 38 Registration of industry code 39 ACMA may request code 40 Publication of notice where no body or association represents internet service providers 41 Replacement of industry code 42 Compliance with industry code 43 Formal warnings—breach of industry code Division 5—Industry standard 44 ACMA may determine an industry standard if a request for an industry code is not complied with 45 ACMA may determine industry standard where no industry body or association formed 46 ACMA may determine industry standard—total failure of industry code 47 ACMA may determine industry standard—partial failure of industry code 48 Compliance with industry standard 49 Formal warnings—breach of industry standard 50 Variation of industry standard 51 Revocation of industry standard Division 6—Industry code and industry standard to be included on a Register 53 Industry code and industry standard to be included on a Register Part 5—Complaints system: online provider rules 54 Online provider rules 55 Compliance with online provider rules 56 Remedial directions—breach of online provider rules 57 Continuing offences 57A Continuing contravention of civil penalty provisions 58 Formal warnings—breach of online provider rules 59 Federal Court may order a person to cease supplying internet carriage services Part 6—Complaints system: protection from civil proceedings 60 Protection from civil proceedings Part 7—Complaints system: review of decisions 61 Review of decisions Part 7A—Prohibition of advertising of designated interactive gambling services Division 1—Interpretation: definitions 61AA Definitions Division 2—Interpretation: designated interactive gambling service advertisement 61BA Basic meaning of designated interactive gambling service advertisement 61BB Exception—political communication 61BC Exception—Websites etc. and business documents 61BD Exception—premises of providers 61BE Exceptions—management advertisements etc. 61BF Exception—products or services having the same name as a designated interactive gambling service 61BG Exception—anti‑gambling advertisements 61BGA Exception—advertisements of a kind specified in the regulations 61BH Definition Division 3—Interpretation: publication of designated interactive gambling service advertisements 61CA Basic meaning of publish a designated interactive gambling service advertisement 61CB Publish does not include broadcast or datacast 61CC Exception—trade communications 61CD Exception—advertisements in telephone directories 61CE Exception—ordinary activities of exempt libraries 61CF Exception—acknowledgments of assistance or support Division 4—Broadcasting or datacasting of designated interactive gambling service advertisements in Australia 61DA Designated interactive gambling service advertisements not to be broadcast or datacast in Australia 61DB Accidental or incidental broadcast or datacast permitted 61DC Broadcast or datacast of advertisements during flights of aircraft Division 5—Publication of designated interactive gambling service advertisements in Australia 61EA Designated interactive gambling service advertisements not to be published in Australia 61EB Periodicals distributed outside Australia—acts of publication permitted 61ED Accidental or incidental publication permitted 61EE Publication by person not receiving any benefit permitted 61EF Publication of advertisements during flights of aircraft Division 6—Miscellaneous 61FA Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened 61FD Additional conditions for licences under the Broadcasting Services Act 1992 Part 7B—National Self‑exclusion Register Division 1—Introduction 61GA Simplified outline of this Part 61GB Definitions 61GC Proclaimed start day 61GD When an outstanding or pending bet is resolved 61GE Electronic messages 61GF Regulated electronic messages 61GG Regulated telemarketing calls 61GH Regulated direct marketing material Division 2—National Self‑exclusion Register 61HA National Self‑exclusion Register Division 3—Registration in the National Self‑exclusion Register 61JA Application for registration 61JB Applicable identification procedure 61JC Registration 61JD Bribery etc. 61JE Re‑registration 61JF Duration of registration 61JG Extension of duration of registration 61JH Expiry of registration 61JI Variation of the National Self‑exclusion Register—nominated support person 61JJ Variation of the National Self‑exclusion Register—other matters 61JK Deregistration—application by a registered individual 61JL Archived records consent 61JM Deregistration—other grounds 61JN Correction of the National Self‑exclusion Register 61JO Register rules may make further provision in relation to the National Self‑exclusion Register 61JP Licensed interactive wagering service providers must promote the National Self‑exclusion Register etc. Division 4—Prohibition of the provision of licensed interactive wagering services to registered individuals 61KA 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 61LA Regulated electronic message must not be sent to an electronic address of a registered individual 61LB Regulated telemarketing calls must not be made to a registered individual 61LC Regulated direct marketing material must not be sent to a registered individual 61LD Information about a registered individual must not be disclosed for marketing purposes Division 6—Rules about licensed interactive wagering service accounts etc. 61MA Licensed interactive wagering service account must not be opened for a registered individual 61MB Closure of a licensed interactive wagering service account held by a registered individual—no outstanding or pending bets 61MC Closure of a licensed interactive wagering service account held by a registered individual—outstanding or pending bets Division 7—Disclosure of protected information 61NA Protected information 61NB Unauthorised disclosure of protected information 61NC Access to the National Self‑exclusion Register by a licensed interactive wagering service provider 61ND Access to the National Self‑exclusion Register by a registered individual 61NE Access to the National Self‑exclusion Register by a nominated support person 61NF Disclosure to State/Territory wagering licensing or regulatory bodies 61NG Disclosure to Ministers 61NH Disclosure to public servants for advising their Ministers etc. Division 8—Collection of cost recovery levy 61PA When levy is due and payable 61PB Late payment penalty 61PC Recovery of levy and late payment penalty 61PD Refund of overpayment of levy or late payment penalty Division 9—Miscellaneous 61QA Computerised decision‑making 61QB Dealing with complaints 61QC Application of the Privacy Act 1988 to the Register operator 61QD Application of the Freedom of Information Act 1982 to the Register operator 61QE Implied freedom of political communication 61QF Review of this Part 61QG Evaluation of this Part 61QH Register rules Part 8—Miscellaneous 62 Application of Criminal Code 63 Conduct by directors, employees and agents 64 Service of summons or process on foreign corporations—criminal proceedings 64A Civil penalty provisions—formal warnings 64B Civil penalty provisions—enforcement 64C Civil penalty provisions—infringement notices 64D Civil penalty provisions—injunctions 64E Civil penalty provisions—enforceable undertakings 64F Civil penalty provisions—remedial directions 64G Continuing contraventions 65 Service of notices 66 Application of the Broadcasting Services Act 1992 67 Additional ACMA function—monitoring compliance with codes and standards 68 Register 69 Operation of State and Territory laws 69A Regulations about unenforceability of agreements relating to illegal interactive gambling services 70 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes An Act about interactive gambling, and for related purposes Part 1—Introduction 1 Short title This Act may be cited as the Interactive Gambling Act 2001. 2 Commencement (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Parts 2 and 7A commence on the 28th day after the day on which this Act receives the Royal Assent. (2A) Part 2A commences on the 28th day after the day on which this Act receives the Royal Assent. (3) The following provisions of this Act commence on a day to be fixed by Proclamation: (a) Part 3; (b) section 42; (c) section 43; (d) section 48; (e) section 49; (f) Part 5. (4) If the provisions referred to in subsection (3) do not commence under that subsection within the period of 6 months after the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period. 3 Simplified outline of this Act • This Act imposes the following prohibitions: (a) a prohibited interactive gambling service must not be provided to customers in Australia; (b) unlicensed regulated interactive gambling services must not be provided to customers in Australia; (c) an Australian‑based prohibited interactive gambling service must not be provided to customers in designated countries; (ca) credit must not be provided to customers of certain interactive wagering services; (cb) certain interactive wagering services must not accept or offer to accept payment using specified methods, including credit cards and digital currency; (d) prohibited interactive gambling services must not be advertised; (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. • The ACMA may, on its own initiative, or in response to a complaint, investigate whether a person has contravened a provision of this Act that imposes any of those prohibitions. • A body or association that represents internet service providers may develop an industry code. • The ACMA has a reserve power to make an industry standard if there is no industry code or if an industry code is deficient. • The ACMA must notify prohibited internet gambling content to internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard. Note: Licensed interactive wagering service and National Self‑exclusion Register are defined in section 61GB. 4 Definitions In this Act, unless the contrary intention appears: access has the same meaning as in the Online Safety Act 2021. ACMA means the Australian Communications and Media Authority. ACMA official has the same meaning as in the Australian Communications and Media Authority Act 2005. Australia, when used in a geographical sense, includes the external Territories. Australian‑customer link has the meaning given by section 8. Australian police force means: (a) the Australian Federal Police; or (b) the police force of a State or Territory. bet includes wager. broadcasting service means a broadcasting service (as defined by the Broadcasting Services Act 1992) provided in Australia. business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis. 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. carriage service has the same meaning as in the Telecommunications Act 1997. civil penalty order has the same meaning as in the Regulatory Powers Act. civil penalty provision has the same meaning as in the Regulatory Powers Act. civil proceeding includes a civil action. content service means a content service (as defined by the Telecommunications Act 1997) provided using a listed carriage service. credit has the meaning given by section 11A. datacasting licence has the same meaning as in the Broadcasting Services Act 1992. datacasting service means a datacasting service (within the meaning of the Broadcasting Services Act 1992) that is provided in Australia under a datacasting licence. designated broadcasting link has the meaning given by section 8C. designated country has the meaning given by section 9A. designated country‑customer link has the meaning given by section 9B. designated datacasting link has the meaning given by section 8C. designated interactive gambling service means: (a) a prohibited interactive gambling service; or (b) an unlicensed regulated interactive gambling service. designated internet gambling matter has the meaning given by section 35. designated notification scheme means a scheme: (a) in the nature of a scheme for substituted service; and (b) under which the ACMA is taken, for the purposes of this Act, to have notified each internet service provider of a matter or thing. Note: For example, the ACMA may make matters or things available on the internet (with or without security measures). digital currency has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999. electronic equipment includes: (a) an electronic apparatus; and (b) an electronic device. engage in conduct means: (a) do an act; or (b) omit to perform an act. excluded gaming service has the meaning given by section 8B. excluded lottery service has the meaning given by section 8D. excluded wagering service has the meaning given by section 8A. exempt service has the meaning given by section 10. Federal Court means the Federal Court of Australia. gambling service means: (a) a service for the placing, making, receiving or acceptance of bets; or (b) a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; or (c) a service for the conduct of a lottery; or (d) a service for the supply of lottery tickets; or (e) a service for the conduct of a game, where: (i) the game is played for money or anything else of value; and (ii) the game is a game of chance or of mixed chance and skill; and (iii) a customer of the service gives or agrees to give consideration to play or enter the game; or (f) a gambling service (within the ordinary meaning of that expression) that is not covered by any of the above paragraphs. game includes an electronic game. illegal interactive gambling service means a prohibited interactive gambling service that is provided in contravention of subsection 15(2A). industry code has the meaning given by section 33. industry standard has the meaning given by section 34. in‑play betting service has the meaning given by section 10B. internet carriage service means a listed carriage service that enables end‑users to access the internet. internet service provider has the same meaning as in the Online Safety Act 2021. listed carriage service has the same meaning as in the Telecommunications Act 1997. lottery includes an electronic lottery. Note: A keno‑type lottery is an example of a lottery. online provider rule has the meaning given by section 54. personal information has the same meaning as in the Privacy Act 1988. place‑based betting service has the meaning given by section 8BA. prohibited interactive gambling service has the meaning given by section 5. Note: This definition relates to the offence provisions and civil penalty provisions set out in section 15 and Part 7A. prohibited internet gambling content has the meaning given by section 8F. regulated interactive gambling service has the meaning given by section 8E. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group. For this purpose, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001. sporting event has a meaning affected by section 10A. telephone betting service has the meaning given by section 8AA. ticket includes an electronic ticket. trade promotion gambling service has the meaning given by section 8BB. unlicensed regulated interactive gambling service means a regulated interactive gambling service that is provided in contravention of subsection 15AA(3). wagering service means a service covered by paragraph (a) or (b) of the definition of gambling service. wagering service provider means a person who provides a wagering service. wagering turnover of a person for a financial year means so much of the turnover of the person for the financial year as is attributable to the provision of wagering services. wholesale gambling service means a gambling service to the extent to which it is provided to a person who: (a) is the provider of a gambling service; and (b) holds a licence (however described) under a law of a State or Territory that authorises the provision of the service mentioned in paragraph (a). 5 Prohibited interactive gambling services (1) For the purposes of this Act, a prohibited interactive gambling service is a gambling service, where: (a) the service is provided in the course of carrying on a business; and (b) the service is provided to customers using any of the following: (i) an internet carriage service; (ii) any other listed carriage service; (iii) a broadcasting service; (iv) any other content service; (v) a datacasting service. Note: This definition relates to the offence provisions and civil penalty provisions set out in section 15 and Part 7A. (2) Subsection (1) has effect subject to subsection (3). Excluded services (3) For the purposes of this Act, none of the following services is a prohibited interactive gambling service: (a) a telephone betting service; (aa) an excluded wagering service (see section 8A); (ab) an excluded gaming service (see section 8B); (aba) a place‑based betting service (see section 8BA); (ac) a service that has a designated broadcasting link (see section 8C); (ad) a service that has a designated datacasting link (see section 8C); (ae) an excluded lottery service (see section 8D); (b) a service to the extent to which it relates to the entering into of contracts that are financial products within the meaning of Division 3 of Part 7.1 of the Corporations Act 2001; (ba) a wholesale gambling service; (bb) a trade promotion gambling service (see section 8BB); (c) an exempt service (see section 10). 8 Australian‑customer link For the purposes of this Act, a gambling service has an Australian‑customer link if, and only if, any or all of the customers of the service are physically present in Australia. 8AA Telephone betting service (1) For the purposes of this Act, a telephone betting service is a gambling service, where: (a) the service is provided on the basis that dealings with customers are wholly by way of voice calls made using a carriage service; and (aa) the service does not relate to betting on the outcome of a lottery; and (ab) the service does not relate to betting on a contingency that may or may not happen in the course of the conduct of a lottery; and (b) the conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(b). (3) For the purposes of this section, voice call means: (a) a voice call (within the ordinary meaning of that expression) the content of which consists wholly of a spoken conversation between individuals; or (b) if a call covered by paragraph (a) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by that paragraph. (4) The following are examples of calls that are not covered by paragraph (3)(a): (a) a call the content of which includes a recorded or synthetic voice; (b) a call the content of which includes one or more tone signals. (5) Paragraph (3)(a) and subsection (4) have effect subject to subsections (6) and (7). (6) For the purposes of this section, in determining whether a call is covered by paragraph (3)(a), disregard any recorded or synthetic voice used for either or both of the following purposes: (a) call waiting; (b) a menu system for transferring callers to an extension. (7) For the purposes of this section, in determining whether a call is covered by paragraph (3)(a), disregard any tone signal used for the sole purpose of a menu system for transferring callers to an extension. (8) Despite subsection (1), if a gambling service is provided on the basis that any or all of the following information can be provided by a customer otherwise than by way of a voice call: (a) a selection of a bet; (b) a selection of a bet type; (c) a nomination of a bet amount; (d) a confirmation of a bet; (e) information of a kind determined under subsection (9); the service is not a telephone betting service for the purposes of this Act. (9) The Minister may, by legislative instrument, determine one or more kinds of information for the purposes of paragraph (8)(e). 8A Excluded wagering service Racing (1) For the purposes of this Act, a service is an excluded wagering service to the extent to which the service relates to betting on, or on a series of, any or all of the following: (a) a horse race; (b) a harness race; (c) a greyhound race; so long as the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (1). Sporting events (3) For the purposes of this Act, a service is an excluded wagering service: (a) to the extent to which the service relates to betting on, or on a series of, sporting events; and (b) to the extent to which the service is not an in‑play betting service; so long as the other conditions (if any) determined under subsection (4) have been satisfied. (4) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (3). Other events or contingencies (5) For the purposes of this Act, a service is an excluded wagering service: (a) to the extent to which the service relates to betting on: (i) an event; or (ii) a series of events; or (iii) a contingency; that is not covered by subsection (1) or (3); and (b) to the extent to which the service is not an in‑play betting service; and (c) to the extent to which the service is not covered by any of the following subparagraphs: (i) a service for the conduct of a scratch lottery or other instant lottery; (ii) a service for the supply of tickets in a scratch lottery or other instant lottery; (iii) a service relating to betting on the outcome of a lottery; (iiia) a service relating to betting on a contingency that may or may not happen in the course of the conduct of a lottery; (iv) a service for the conduct of a game covered by paragraph (e) of the definition of gambling service in section 4; (v) a service relating to betting on the outcome of a game of chance or of mixed chance and skill; so long as the other conditions (if any) determined under subsection (6) have been satisfied. (6) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (5). (7) For the purposes of paragraph (5)(a): (a) assume that no conditions have been determined under subsection (2) or (4); and (b) disregard paragraph (3)(b). 8B Excluded gaming service (1) For the purposes of this Act, an excluded gaming service is a service for the conduct of a game covered by paragraph (e) of the definition of gambling service in section 4: (a) to the extent to which the service is provided to customers who are at a particular place; and (b) to the extent to which the service is provided on the basis that: (i) dealings with customers involve the use of electronic equipment made available to customers at that place; and (ii) the electronic equipment is available for use by any customer who is at that place; so long as: (c) the provider of the service holds a licence (however described) under a law of a State or Territory that authorises the provision of the service at that place; and (d) the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(d). 8BA Place‑based betting service (1) For the purposes of this Act, a place‑based betting service is a service covered by paragraph (a) or (b) of the definition of gambling service in section 4: (a) to the extent to which the service is provided to customers who are at a particular place; and (b) to the extent to which the service is provided on the basis that: (i) dealings with customers involve the use of electronic equipment made available to customers at that place; and (ii) the electronic equipment is available for use by any customer who is at that place; and (iii) the electronic equipment is not available for use by customers in connection with another gambling service unless the other gambling service is provided by the provider of the first‑mentioned service; so long as: (c) the provider of the service holds a licence (however described) under a law of a State or Territory that authorises the provision of the service at that place; and (d) the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(d). 8BB Trade promotion gambling service (1) For the purposes of this Act, a trade promotion gambling service is: (a) a service for the conduct of a lottery, where the lottery is conducted in connection with a competition for the promotion of trade; or (b) a service for the conduct of a game of chance or of mixed chance and skill, where the game is conducted in connection with a competition for the promotion of trade; so long as the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (1). (3) For the purposes of this section, trade does not include the provision of a gambling service. 8C Designated broadcasting link and designated datacasting link Designated broadcasting link (1) For the purposes of this Act, a gambling service has a designated broadcasting link if: (a) either: (i) the service is expressly and exclusively associated with a particular program, or a particular series of programs, broadcast on a broadcasting service; or (ii) the sole purpose of the gambling service is to promote goods or services (other than gambling services) that are the subject of advertisements broadcast on a broadcasting service, and the gambling service is associated with those advertisements; and (b) such other conditions (if any) as are specified in the regulations have been satisfied. Designated datacasting link (2) For the purposes of this Act, a gambling service has a designated datacasting link if: (a) either: (i) the service is expressly and exclusively associated with particular content, or a particular series of content, transmitted on a datacasting service; or (ii) the sole purpose of the gambling service is to promote goods or services (other than gambling services) that are the subject of advertisements transmitted on a datacasting service, and the gambling service is associated with those advertisements; and (b) such other conditions (if any) as are specified in the regulations have been satisfied. (3) In this section: content, in relation to a datacasting service, does not include advertising or sponsorship material. program has the same meaning as in the Broadcasting Services Act 1992, but does not include advertising or sponsorship material. 8D Excluded lottery service (1) For the purposes of this Act, an excluded lottery service is: (a) a service for the conduct of a lottery; or (b) a service for the supply of lottery tickets. (1A) Subsection (1) does not apply to a service unless such other conditions (if any) as are specified in the regulations have been satisfied. (1B) Without limiting subsection (1A), a condition specified in regulations made for the purposes of that subsection may provide that the lottery must not be: (a) a highly repetitive or frequently drawn form of a keno‑type lottery; or (b) a similar lottery. (2) Subsection (1) does not apply to an electronic form of: (a) scratch lottery; or (b) other instant lottery. 8E Regulated interactive gambling service (1) For the purposes of this Act, a regulated interactive gambling service is: (a) a telephone betting service (see section 8AA); or (b) an excluded wagering service (see section 8A); or (c) an excluded gaming service (see section 8B); or (d) a place‑based betting service (see section 8BA); or (e) a service that has a designated broadcasting link (see section 8C); or (f) a service that has a designated datacasting link (see section 8C); or (g) an excluded lottery service (see section 8D); or (h) an exempt service (see section 10); where: (i) the service is provided in the course of carrying on a business; and (j) the service is provided to customers using any of the following: (i) an internet carriage service; (ii) any other listed carriage service; (iii) a broadcasting service; (iv) any other content service; (v) a datacasting service; and (k) in the case of an exempt service—a determination under subsection (2) is in force in relation to the service. (2) The Minister may, by legislative instrument, determine that each exempt service included in a specified class of exempt services is covered by paragraph (1)(k). (3) Subsection (1) has effect subject to subsection (4). (4) For the purposes of this Act, neither of the following services is a regulated interactive gambling service: (a) a wholesale gambling service; (b) a trade promotion gambling service (see section 8BB). 8F Prohibited internet gambling content For the purposes of this Act, if: (a) an ordinary reasonable person would conclude that the sole or primary purpose of particular internet content is to enable a person to enter into dealings in the capacity of customer of either or both of the following: (i) one or more illegal interactive gambling services; (ii) one or more unlicensed regulated interactive gambling services; and (b) end‑users in Australia can access the internet content; the internet content is prohibited internet gambling content. 9A Designated country (1) The Minister may, by legislative instrument, declare that a specified foreign country is a designated country for the purposes of this Act. (2) A declaration under subsection (1) has effect accordingly. (3) The Minister must not declare a foreign country under subsection (1) unless: (a) the government of the country has requested the Minister to make the declaration; and (b) there is in force in that country legislation that corresponds to: (i) section 15; or (ii) section 15 (other than the offence provision in that section); or (iii) section 15 (other than the civil penalty provision in that section). (4) At least 90 days before making a declaration under subsection (1), the Minister must cause to be published a notice: (a) in the Gazette; and (b) in a newspaper circulating in each State, in the Northern Territory and in the Australian Capital Territory; setting out the Minister's intention to make the declaration. (5) In deciding whether to declare a foreign country under subsection (1), the Minister must have due regard to: (a) any complaints; and (b) any supporting statements; made by the government of that country. 9B Designated country‑customer link For the purposes of this Act, a gambling service has a designated country‑customer link if, and only if, any or all of the customers of the service are physically present in a designated country. 10 Exempt services (1) The Minister may, by legislative instrument, determine that each gambling service included in a specified class of gambling services is an exempt service for the purposes of this Act. (2) A determination under subsection (1) has effect accordingly. 10A Sporting event (1) The Minister may, by legislative instrument, determine that a specified thing is taken to be a sporting event for the purposes of this Act. (2) The Minister may, by legislative instrument, determine that: (a) a specified thing is taken to be a sporting event for the purposes of this Act; and (b) the outcome of the specified thing is taken not to be a contingency for the purposes of paragraph 10B(b). (3) The Minister may, by legislative instrument, determine that a specified thing is taken not to be a sporting event for the purposes of this Act. (4) The following are examples of things that may be specified in a determination under subsection (1), (2) or (3): (a) a match; (b) a series of matches; (c) a race; (d) a series of races; (e) a stage; (f) a time trial; (g) a qualification session; (h) a tournament; (i) a round. (5) For the purposes of this section, thing includes a series of things. 10B In‑play betting service For the purposes of this Act, a gambling service is an in‑play betting service to the extent to which: (a) the service relates to betting on the outcome of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event; or (b) the service relates to betting on a contingency that may or may not happen in the course of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event. 11 Extended meaning of use 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: (a) in isolation; or (b) in conjunction with one or more other things. 11A Credit For the purposes of this Act (other than Part 7B), credit is provided by a person (the creditor) to another person (the debtor) if: (a) payment of a debt owed by the debtor to the creditor is deferred; or (b) the debtor incurs a deferred debt to the creditor. 12 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. 13 Extension to external Territories This Act extends to every external Territory. 14 Extra‑territorial application 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 15 Prohibited interactive gambling services not to be provided to customers in Australia (1) A person commits an offence if: (a) the person intentionally provides a prohibited interactive gambling service; and (b) the service has an Australian‑customer link (see section 8). Penalty: 5,000 penalty units. (2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues. (2A) A person must not provide a prohibited interactive gambling service that has an Australian‑customer link (see section 8). Civil penalty: 7,500 penalty units. (2B) A person who contravenes subsection (2A) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day). (3) Subsections (1) and (2A) do not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the service had an Australian‑customer link. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). (4) For the purposes of subsection (3), in determining whether the person could, with reasonable diligence, have ascertained that the service had an Australian‑customer link, the following matters are to be taken into account: (a) whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in Australia; (b) whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in Australia; (c) whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia; (d) whether the person has network data that indicates that customers were physically present outside Australia: (i) when the relevant customer account was opened; and (ii) throughout the period when the service was provided to the customer; (e) any other relevant matters. (5) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1). 15AA Unlicensed regulated interactive gambling services not to be provided to customers in Australia (1) A person commits an offence if: (a) the person intentionally provides a particular kind of regulated interactive gambling service; and (b) the service has an Australian‑customer link (see section 8); and (c) the person does not hold a licence (however described) under a law of a State or Territory that authorises the provision of that kind of service in the State or Territory. Penalty: 5,000 penalty units. (2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues. (3) A person must not provide a particular kind of regulated interactive gambling service if: (a) the service has an Australian‑customer link (see section 8); and (b) the person does not hold a licence (however described) under a law of a State or Territory that authorises the provision of that kind of service in the State or Territory. Civil penalty: 7,500 penalty units. (4) A person who contravenes subsection (3) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day). (5) Subsections (1) and (3) do not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the service had an Australian‑customer link. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). (6) For the purposes of subsection (5), in determining whether the person could, with reasonable diligence, have ascertained that the service had an Australian‑customer link, the following matters are to be taken into account: (a) whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in Australia; (b) whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in Australia; (c) whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia; (d) whether the person has network data that indicates that customers were physically present outside Australia: (i) when the relevant customer account was opened; and (ii) throughout the period when the service was provided to the customer; (e) any other relevant matters. (7) If a person holds a licence (however described) under a law of a State or Territory that authorises the provision of a particular kind of regulated interactive gambling service in the State or Territory, the person does not contravene subsection (1) or (3) by providing that kind of service: (a) in the State or Territory; or (b) outside the State or Territory. (8) Subsection (7) is enacted for the avoidance of doubt. (9) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1). Part 2A—Australian‑based prohibited interactive gambling services not to be provided to customers in designated countries 15A Australian‑based prohibited interactive gambling services not to be provided to customers in designated countries (1) A person commits an offence if: (a) the person intentionally provides an Australian‑based prohibited interactive gambling service; and (b) the service has a designated country‑customer link (see section 9B). Penalty: 5,000 penalty units. (2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues. (2A) A person must not provide an Australian‑based prohibited interactive gambling service that has a designated country‑customer link (see section 9B). Civil penalty: 7,500 penalty units. (2B) A person who contravenes subsection (2A) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day). (3) Subsections (1) and (2A) do not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the service had a designated country‑customer link. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). (4) For the purposes of subsection (3), in determining whether the person could, with reasonable diligence, have ascertained that the service had a designated country‑customer link, the following matters are to be taken into account: (a) whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in a designated country; (b) whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in a designated country; (c) whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in a designated country; (d) whether the person has network data that indicates that customers were physically present outside a designated country: (i) when the relevant customer account was opened; and (ii) throughout the period when the service was provided to the customer; (e) any other relevant matters. (5) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1). (6) For the purposes of this section, an Australian‑based prohibited interactive gambling service is a prohibited interactive gambling service, where the service has an Australian‑provider link. (7) For the purposes of this section, a prohibited interactive gambling service has an Australian‑provider link if, and only if: (a) the service is provided in the course of carrying on a business in Australia; or (b) the central management and control of the service is in Australia; or (c) the service is provided through an agent in Australia; or (d) the service is provided to customers using an internet carriage service, and any or all of the relevant internet content is hosted in Australia. (8) For the purposes of this section, the relevant internet content, in relation to a prohibited interactive gambling service, is internet content that is accessed, or available for access, by an end‑user in the capacity of customer of the service. Part 2B—Prohibitions relating to credit and digital currency for certain interactive wagering services 15B Simplified outline of this Part Credit must not be provided to customers of certain interactive wagering services. Such services must also not accept or offer to accept payment using specified methods, including credit cards and digital currency. 15C Prohibitions relating to credit and digital currency for certain interactive wagering services Offences (1) A person commits an offence if: (a) the person intentionally provides a regulated interactive gambling service that is a wagering service; and (b) either: (i) the person provides, or offers to provide, credit in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia; or (ii) the person facilitates or promotes the provision of credit, by a third person, in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia. Penalty: 500 penalty units. (1A) A person commits an offence if the person: (a) intentionally provides a regulated interactive gambling service that is a wagering service; and (b) accepts, or offers to accept, payment in connection with the service using a method mentioned in subsection (4A) from a customer, or prospective customer, of the service who is physically present in Australia. Penalty: 500 penalty units. (2) A person who contravenes subsection (1) or (1A) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues. Civil penalty provisions (3) A person who provides a regulated interactive gambling service that is a wagering service must not: (a) provide, or offer to provide, credit in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia; or (b) facilitate or promote the provision of credit, by a third person, in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia. Civil penalty: 750 penalty units. (3A) A person contravenes this subsection if the person: (a) provides a regulated interactive gambling service that is a wagering service; and (b) accepts, or offers to accept, payment in connection with the service using a method mentioned in subsection (4A) from a customer, or prospective customer, of the service who is physically present in Australia. Civil penalty: 750 penalty units. (4) A person who contravenes subsection (3) or (3A) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day). Methods of payment (4A) For the purposes of paragraphs (1A)(b) and (3A)(b), the methods of payment are as follows: (a) a credit card; (b) an account, service or facility in which payment is made from a credit card linked to the account, service or facility; (c) digital currency; (d) a method of a kind determined by the Minister by legislative instrument for the purposes of this paragraph. Exceptions (5) Subsections (1), (1A), (3) and (3A) do not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the customer, or prospective customer, as the case may be, was physically present in Australia. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). (5A) Subsections (1A) and (3A) do not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the person was accepting, or offering to accept, payment using a method mentioned in subsection (4A). Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). (6) For the purposes of subsection (5), in determining whether the person could, with reasonable diligence, have ascertained that the customer, or prospective customer, as the case may be, was physically present in Australia, the following matters are to be taken into account: (a) whether the customer, or prospective customer, as the case may be, was informed that Australian law prohibits the provision of credit to, or payment by the methods mentioned in subsection (4A) from, customers, or prospective customers, who are physically present in Australia; (b) whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia; (c) whether the person has network data that indicates that customers were physically present outside Australia: (i) when the relevant customer account was opened; and (ii) throughout the period when the service was provided to the customer; (d) any other relevant matters. Extended geographical jurisdiction of offences (8) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (1A). 15D Exception—provider's annual wagering turnover less than $30 million (1) Subsections 15C(1) and (3) do not apply to conduct engaged in by a person at a particular time (the relevant time) in a financial year (the current financial year) in relation to a regulated interactive gambling service if: (a) the service is a telephone betting service; and (b) both: (i) the conduct involves providing, or offering to provide, credit in connection with the service to a customer, or prospective customer, of the service; and (ii) dealings with the customer, or prospective customer, as the case may be, in relation to providing, or offering to provide that credit are wholly by way of one or more voice calls; and (c) in a case where: (i) the person is not a member of a related company group at the relevant time; and (ii) the person was a wagering service provider throughout the last financial year that ended before the relevant time; the wagering turnover of the person for that financial year was less than $30 million; and (d) in a case where: (i) the person is not a member of a related company group at the relevant time; and (ii) the person was not a wagering service provider throughout the last financial year that ended before the relevant time; it is reasonably likely that the wagering turnover of the person for the current financial year will be less than $30 million; and (e) in a case where: (i) the person is a member of a related company group at the relevant time; and (ii) the person was a wagering service provider throughout the last financial year that ended before the relevant time; the total wagering turnover of the members of the group for that financial year was less than $30 million; and (f) in a case where: (i) the person is a member of a related company group at the relevant time; and (ii) the person was not a wagering service provider throughout the last financial year that ended before the relevant time; it is reasonably likely that the total wagering turnover of the members of the group for the current financial year will be less than $30 million; and (g) in a case where, during the whole or a part of the last financial year that ended before the relevant time, the person had one or more employees whose duties involved the provision of wagering services—during the whole or a part of that financial year, at least one of those employees performed those duties at a racecourse in Australia; and (h) in a case where: (i) the person is an individual; and (ii) the person did not, at any time during the last financial year that ended before the relevant time, have any employees whose duties involved the provision of wagering services; during the whole or a part of that financial year, the person provided wagering services at a racecourse in Australia; and (i) the other conditions (if any) determined under subsection (2) have been satisfied. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(i). (3) For the purposes of this section, voice call means a voice call (within the meaning of section 8AA) that is made using a carriage service. 15E Exception—customer is a gambling service provider (1) Subsections 15C(1), (1A), (3) and (3A) do not apply if: (a) the customer, or prospective customer, of the regulated interactive gambling service is the provider of a gambling service; and (b) the other conditions (if any) determined under subsection (2) have been satisfied. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(b). 15F Acquisition of property Section 15C has no effect to the extent (if any) to which its operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph). Part 3—Complaints system: gambling services etc. Division 1—Making of complaints to the ACMA 16 Complaints in relation to gambling services etc. If a person (the first person) has reason to believe that another person has contravened a provision of: (a) Part 2; or (b) Part 2A; or (ba) Part 2B; or (c) Part 7A; or (d) Part 7B; the first person may make a complaint to the ACMA about the matter. 17 Complaints about breaches of online provider rules etc. If a person has reason to believe that: (a) an internet service provider has contravened a code registered under Part 4 that is applicable to the provider; or (b) an internet service provider has contravened an online provider rule that is applicable to the provider; the person may make a complaint to the ACMA about the matter. 18 Form of complaint (1) A complaint under this Division is to be in writing. (2) However, the ACMA may permit complaints to be given, in accordance with specified software requirements, by way of a specified kind of electronic transmission. 19 Residency etc. of complainant A person is not entitled to make a complaint under this Division unless the person is: (a) an individual who resides in Australia; or (b) a body corporate that carries on activities in Australia; or (c) the Commonwealth, a State or a Territory. Division 2—Investigations by the ACMA 21 ACMA may investigate matters (1) The ACMA may , on its own initiative or in response to a complaint made under Division 1, investigate any of the following matters if the ACMA thinks that it is desirable to do so: (a) whether a person has contravened a provision of: (i) Part 2; or (ii) Part 2A; or (iia) Part 2B; or (iii) Part 7A; or (iv) Part 7B; (b) whether: (i) an internet service provider has contravened a code registered under Part 4 that is applicable to the provider; or (ii) an internet service provider has contravened an online provider rule that is applicable to the provider. Referral of complaint to an Australian police force (2) If a complaint alleges that a person has contravened an offence provision of this Act, the ACMA may refer the complaint, to the extent that the complaint relates to the alleged contravention, to a member of an Australian police force. (2A) If the ACMA refers a complaint to a member of an Australian police force, the ACMA must give written notice to the complainant stating that the complaint has been so referred. (3) The manner in which a complaint may be referred under subsection (2) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between the ACMA and the chief (however described) of the police force concerned. (4) If a complaint is referred to a member of an Australian police force under subsection (2), the member may refer the complaint to a member of another Australian police force. (5) This section does not, by implication, limit the ACMA's powers to refer other matters to a member of an Australian police force. 22 Conduct of investigations (1) An investigation under this Division is to be conducted as the ACMA thinks fit. (2) The ACMA may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as it thinks fit. (3) This section has effect subject to Part 13 of the Broadcasting Services Act 1992 (which confers certain investigative powers on the ACMA). 23 Protection from civil proceedings 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: (a) the making of a complaint under Division 1; (b) the making of a statement to, or the giving of a document or information to, the ACMA in connection with an investigation under this Division. Division 3—Action to be taken in relation to prohibited internet gambling content 24 Action to be taken in relation to prohibited internet gambling content (1) If the ACMA is satisfied that internet content is prohibited internet gambling content, the ACMA must: (a) if the ACMA considers the content should be referred to a law enforcement agency (whether in or outside Australia)—notify the content to: (i) a member of an Australian police force; or (ii) if there is an arrangement between the ACMA and the chief (however described) of an Australian police force under which the ACMA is authorised to notify the content to another person or body (whether in or outside Australia)—that other person or body; and (b) if a code registered, and/or a standard determined, under Part 4 deals exclusively with the designated internet gambling matters—notify the content to internet service providers under the designated notification scheme set out in the code or standard, as the case may be. Referral to law enforcement agency (8) The manner in which internet content may be notified under paragraph (1)(a) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between the ACMA and the chief (however described) of the police force concerned. (9) If a member of an Australian police force is notified of particular internet content under this section, the member may notify the content to a member of another law enforcement agency (whether in or outside Australia). (10) This section does not, by implication, limit the ACMA's powers to refer other matters to a member of an Australian police force. 25 Deferral of action in order to avoid pre