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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Interactive Gambling Amendment
(National Self-exclusion Register) Bill
2019
No. , 2019
(Social Services)
A Bill for an Act to amend the
Interactive Gambling
Act 2001
, and for other purposes
No. , 2019
Interactive Gambling Amendment (National Self-Exclusion Register)
Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--National Self-exclusion Register
3
Australian Communications and Media Authority Act 2005
3
Interactive Gambling Act 2001
3
Privacy Act 1988
64
No. , 2019
Interactive Gambling Amendment (National Self-Exclusion Register)
Bill 2019
1
A Bill for an Act to amend the
Interactive Gambling
1
Act 2001
, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Interactive Gambling Amendment (National
5
Self-exclusion Register) Act 2019
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Interactive Gambling Amendment (National Self-Exclusion Register)
Bill 2019
No. , 2019
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.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
National Self-exclusion Register
Schedule 1
No. , 2019
Interactive Gambling Amendment (National Self-Exclusion Register)
Bill 2019
3
Schedule 1--National Self-exclusion Register
1
2
Australian Communications and Media Authority Act 2005
3
1 After subparagraph 10(1)(o)(iii)
4
Insert:
5
(iv) the
National Self-exclusion Register (Cost Recovery
6
Levy) Act 2019
;
or
7
2 After section 59K
8
Insert:
9
59KA Relationship with Part 7B of the
Interactive Gambling Act
10
2001
11
This Part does not authorise a disclosure of information that is
12
prohibited by Part 7B of the
Interactive Gambling 2001
.
13
Interactive Gambling Act 2001
14
3 Section 3
15
Omit:
16
(e)
unlicensed regulated interactive gambling services must
17
not be advertised.
18
substitute:
19
(e)
unlicensed regulated interactive gambling services must
20
not be advertised;
21
(f)
licensed interactive wagering services must not be
22
provided to an individual who is registered in the
23
National Self-exclusion Register.
24
4 At the end of section 3
25
Add:
26
Note:
Licensed interactive wagering service
and
National Self-exclusion
27
Register
are defined in section 61GB.
28
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Bill 2019
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5 Section 11A
1
After "this Act", insert "(other than Part 7B)".
2
6 At the end of paragraph 16(c)
3
Add "or".
4
7 After paragraph 16(c)
5
Insert:
6
(d) Part 7B;
7
8 At the end of paragraph 21(1)(a)
8
Add:
9
or (iv) Part 7B;
10
9 After Part 7A
11
Insert:
12
Part 7B--National Self-exclusion Register
13
Division 1--Introduction
14
61GA Simplified outline of this Part
15
•
This Part sets up a mechanism that allows individuals to
16
exclude themselves from being provided with licensed
17
interactive wagering services.
18
•
The ACMA must arrange for a body corporate to keep a
19
register to be known as the National Self-exclusion Register.
20
The body corporate is to be known as the Register operator.
21
•
An individual may apply to the Register operator for the
22
individual to be registered in the National Self-exclusion
23
Register.
24
•
A licensed interactive wagering service provider must not:
25
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Interactive Gambling Amendment (National Self-Exclusion Register)
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5
(a)
provide a licensed interactive wagering service to a
1
registered individual; or
2
(b)
send, or cause to be sent, a regulated electronic message
3
to an electronic address of a registered individual; or
4
(c)
make, or cause to be made, a regulated telemarketing
5
call to a registered individual; or
6
(d)
send, or cause to be sent, regulated direct marketing
7
material to a registered individual; or
8
(e)
disclose information about a registered individual for
9
marketing purposes; or
10
(f)
open a licensed interactive wagering service account for
11
a registered individual.
12
•
The Register operator must, if requested to do so by a licensed
13
interactive wagering service provider, inform the provider
14
whether an individual is a registered individual.
15
61GB Definitions
16
In this Part:
17
account
includes:
18
(a) a pre-paid account; and
19
(b) a credit account; and
20
(c) anything that may reasonably be regarded as the equivalent
21
of an account.
22
It is immaterial whether an account has a nil balance.
23
applicable identification procedure
has the meaning ascertained in
24
accordance with the Register rules.
25
archived records consent
has the meaning given by
26
subsection 61JL(2).
27
benefit
includes any advantage and is not limited to property.
28
contracted service provider
:
29
(a) in relation to a licensed interactive wagering service
30
provider--means a person who performs services for or on
31
behalf of the provider, but does not include a person who
32
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performs such services in the capacity of an employee of the
1
provider; or
2
(b) in relation to the Register operator--means a person who
3
performs services for or on behalf of the Register operator,
4
but does not include a person who performs such services in
5
the capacity of an employee of the Register operator.
6
electronic message
has the meaning given by section 61GE.
7
gambling-related lobbying
means lobbying any one or more of the
8
following:
9
(a) a government;
10
(b) a department, agency or authority of a government;
11
(c) a public official;
12
(d) a member of a legislative body;
13
(e) a political party;
14
(f) a candidate in an election;
15
in relation to:
16
(g) gambling services; or
17
(h) one or more kinds of gambling services; or
18
(i) one or more particular gambling services.
19
general practitioner
has the same meaning as in the
Health
20
Insurance Act 1973
.
21
late payment penalty
has the meaning given by
22
subsection 61PB(2).
23
levy
means levy imposed by the
National Self-exclusion Register
24
(Cost Recovery Levy) Act 2019
.
25
licensed interactive wagering service
means a regulated interactive
26
gambling service that:
27
(a) is a wagering service (see section 4); and
28
(b) has an Australian-customer link (see section 8); and
29
(c) is not provided in contravention of subsection 15AA(3).
30
licensed interactive wagering service account
means an account
31
that:
32
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Interactive Gambling Amendment (National Self-Exclusion Register)
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7
(a) an individual has with a licensed interactive wagering service
1
provider; and
2
(b) relates exclusively to the provision, or prospective provision,
3
of one or more licensed interactive wagering services to the
4
individual.
5
licensed interactive wagering service provider
means a person
6
who provides a licensed interactive wagering service.
7
listed support service
means a support service specified in the
8
Register rules.
9
lobby
includes:
10
(a) communicate, in any way, with a person or a group of
11
persons for the purpose of influencing any process, decision
12
or outcome; and
13
(b) represent the interests of a person, in any process.
14
make
includes attempt to make.
15
message
means information:
16
(a) whether in the form of text; or
17
(b) whether in the form of data; or
18
(c) whether in the form of speech, music or other sounds; or
19
(d) whether in the form of visual images (animated or
20
otherwise); or
21
(e) whether in any other form; or
22
(f) whether in any combination of forms.
23
name
, in relation to an individual, means:
24
(a) the individual's full name; or
25
(b) the name by which the individual is commonly known.
26
National Self-exclusion Register
means the register kept under
27
section 61HA.
28
nominated support person
, in relation to a registered individual,
29
means an individual identified in the National Self-exclusion
30
Register as a nominated support person of the registered individual.
31
ownership interest
, in relation to a body corporate:
32
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(a) means an interest in the body corporate as a shareholder in
1
the body corporate; and
2
(b) includes such an interest held indirectly through one or more
3
interposed companies, partnerships or trusts.
4
proclaimed start day
has the meaning given by section 61GC.
5
protected information
has the meaning given by section 61NA.
6
public official
includes a person who holds, or performs the duties
7
of, a ministerial office.
8
qualified counsellor
means an individual who is a member of:
9
(a) the Psychotherapy and Counselling Federation of Australia;
10
or
11
(b) the Australian Counselling Association.
12
qualified psychologist
means an individual who is registered as a
13
psychologist under:
14
(a) for a State or Territory other than Western Australia--the
15
Health Practitioner Regulation National Law set out in the
16
Schedule to the
Health Practitioner Regulation National Law
17
Act 2009
of Queensland, as it applies (with or without
18
modification) as a law of the State or Territory; or
19
(b) for Western Australia--the
Health Practitioner Regulation
20
National Law (WA) Act 2010
of Western Australia, so far as
21
that Act corresponds to the Health Practitioner Regulation
22
National Law set out in the Schedule to the
Health
23
Practitioner Regulation National Law Act 2009
of
24
Queensland.
25
recognised third-party
identification procedure
has the meaning
26
given by the Register rules.
27
registered individual
means an individual registered in the
28
National Self-exclusion Register under this Part.
29
Register operator
means the body corporate who keeps the
30
National Self-exclusion Register as mentioned in
31
subsection 61HA(1).
32
Register rules
means rules made under section 61QH.
33
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Interactive Gambling Amendment (National Self-Exclusion Register)
Bill 2019
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regulated direct marketing material
has the meaning given by
1
section 61GH.
2
regulated electronic message
has the meaning given by
3
section 61GF.
4
regulated telemarketing call
has the meaning given by
5
section 61GG.
6
resolved
, in relation to an outstanding or pending bet, has the
7
meaning given by section 61GD.
8
send
includes attempt to send.
9
State/Territory wagering licensing or regulatory body
means:
10
(a) a body that is responsible for issuing or granting licences
11
(however described) under a law of a State or Territory that
12
authorises the provision of a particular kind of licensed
13
interactive wagering service in the State or Territory; or
14
(b) a body that is responsible for regulating persons who hold
15
licences covered by paragraph (a).
16
support service
includes a counselling service.
17
voice call
means:
18
(a) a voice call within the ordinary meaning of that expression;
19
or
20
(b) a call that involves a recorded or synthetic voice; or
21
(c) if a call covered by paragraph (a) or (b) is not practical for a
22
particular individual with a disability (for example, because
23
the individual has a hearing impairment)--a call that is
24
equivalent to a call covered by either of those paragraphs.
25
61GC Proclaimed start day
26
(1) For the purposes of this Part,
proclaimed start day
means the day
27
fixed by Proclamation for the purposes of this subsection.
28
Note 1:
The proclaimed start day is the first day on which an individual can
29
apply to be registered in the National Self-exclusion Register--see
30
subsection 61JA(9).
31
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Note 2:
Section 61QF provides for a review of this Part to be conducted after
1
the end of the 12-month period beginning at the start of the
2
proclaimed start day.
3
Note 3:
Section 61QG provides for an evaluation of this Part to be conducted
4
after the end of the 3-year period beginning at the start of the
5
proclaimed start day.
6
(2) A Proclamation under subsection (1) is taken to be a
7
commencement instrument for the purposes of the
Legislation Act
8
2003
.
9
61GD When an outstanding or pending bet is resolved
10
(1) For the purposes of this Part:
11
(a) if an outstanding or pending bet turns out to be a winning
12
bet--the bet is
resolved
when the bet is settled; and
13
(b) if an outstanding or pending bet turns out to be a losing bet--
14
the bet is
resolved
when it becomes clear that the bet is a
15
losing bet; and
16
(c) if the bettor becomes entitled to a refund of the bet--the bet
17
is
resolved
when it becomes clear that the bettor has become
18
entitled to a refund of the bet.
19
(2) For the purposes of paragraph (1)(c), it is immaterial whether a
20
refund is or will be made by way of a credit to a licensed
21
interactive wagering service account.
22
61GE Electronic messages
23
(1) For the purposes of this Part, an
electronic message
is a message
24
sent:
25
(a) using:
26
(i) an internet carriage service; or
27
(ii) any other listed carriage service; and
28
(b) to an electronic address in connection with:
29
(i) an email account; or
30
(ii) an instant messaging account; or
31
(iii) a telephone account; or
32
(iv) a similar account.
33
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Note:
Email addresses and telephone numbers are examples of electronic
1
addresses.
2
(2) For the purposes of subsection (1), it is immaterial whether the
3
electronic address exists.
4
(3) For the purposes of subsection (1), it is immaterial whether the
5
message reaches its intended destination.
6
(4) Subsection (1) has effect subject to subsection (5).
7
Excluded messages--voice calls
8
(5) If a message is sent by way of a voice call, the message is not an
9
electronic message
for the purposes of this Part.
10
61GF Regulated electronic messages
11
(1) For the purposes of this Part, a
regulated electronic message
is an
12
electronic message, where, having regard to:
13
(a) the content of the message; and
14
(b) the way in which the message is presented; and
15
(c) the content that can be located using the links, telephone
16
numbers or contact information (if any) set out in the
17
message;
18
it would be concluded that the purpose, or one of the purposes, of
19
the message is:
20
(d) to offer to provide licensed interactive wagering services; or
21
(e) to advertise or promote licensed interactive wagering
22
services; or
23
(f) to advertise or promote a provider, or prospective provider,
24
of licensed interactive wagering services.
25
(2) Paragraphs (1)(d), (e) and (f) are to be read independently of each
26
other.
27
61GG Regulated telemarketing calls
28
(1) For the purposes of this Part, a
regulated telemarketing call
is a
29
voice call, where, having regard to:
30
(a) the content of the call; and
31
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(b) the presentational aspects of the call; and
1
(c) the content that can be obtained using the numbers, URLs or
2
contact information (if any) mentioned in the call; and
3
(d) if:
4
(i) the call is made from a telephone number; and
5
(ii) that number is disclosed to the recipient (whether by
6
calling line identification or otherwise);
7
the content (if any) that can be obtained by calling that
8
number;
9
it would be concluded that the purpose, or one of the purposes, of
10
the call is:
11
(e) to offer to provide licensed interactive wagering services; or
12
(f) to advertise or promote licensed interactive wagering
13
services; or
14
(g) to advertise or promote a provider, or prospective provider,
15
of licensed interactive wagering services.
16
(2) Paragraphs (1)(e), (f) and (g) are to be read independently of each
17
other.
18
61GH Regulated direct marketing material
19
(1) For the purposes of this Part,
regulated direct marketing material
20
means physical material, where, having regard to:
21
(a) the content of the material; and
22
(b) the way in which the material is presented; and
23
(c) the content that can be located using the URLs, telephone
24
numbers or contact information (if any) set out in the
25
material;
26
it would be concluded that the purpose, or one of the purposes, of
27
the material is:
28
(d) to offer to provide licensed interactive wagering services; or
29
(e) to advertise or promote licensed interactive wagering
30
services; or
31
(f) to advertise or promote a provider, or prospective provider,
32
of licensed interactive wagering services.
33
(2) Paragraphs (1)(d), (e) and (f) are to be read independently of each
34
other.
35
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Division 2--National Self-exclusion Register
1
61HA National Self-exclusion Register
2
(1) The ACMA must arrange for a body corporate (the
Register
3
operator
) to keep, on behalf of the ACMA, a register to be known
4
as the National Self-exclusion Register.
5
(2) The register may also be known by a name specified in the
6
Register rules.
7
(3) The register is to be kept in electronic form.
8
(4) The register is not a legislative instrument.
9
Payments to the Register operator
10
(5) An arrangement under subsection (1) may provide for the ACMA,
11
on behalf of the Commonwealth, to make payments to the Register
12
operator.
13
Register operator must not provide a gambling service or
14
undertake gambling-related lobbying etc.
15
(6) The ACMA must not make an arrangement under subsection (1)
16
with a body corporate that:
17
(a) provides a gambling service; or
18
(b) is a member of the same related company group as a body
19
corporate that provides a gambling service; or
20
(c) holds an ownership interest in a body corporate that provides
21
a gambling service; or
22
(d) undertakes gambling-related lobbying; or
23
(e) is a member of the same related company group as a body
24
corporate that undertakes gambling-related lobbying; or
25
(f) holds an ownership interest in a body corporate that
26
undertakes gambling-related lobbying.
27
(7) The ACMA must ensure that an arrangement under subsection (1)
28
is subject to a condition that the Register operator must not:
29
(a) provide a gambling service; or
30
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(b) be a member of the same related company group as a body
1
corporate that provides a gambling service; or
2
(c) hold an ownership interest in a body corporate that provides a
3
gambling service; or
4
(d) undertake gambling-related lobbying; or
5
(e) be a member of the same related company group as a body
6
corporate that undertakes gambling-related lobbying; or
7
(f) hold an ownership interest in a body corporate that
8
undertakes gambling-related lobbying.
9
Division 3--Registration in the National Self-exclusion
10
Register
11
61JA Application for registration
12
(1) An individual may apply to the Register operator for the individual
13
to be registered in the National Self-exclusion Register.
14
(2) An application under subsection (1) must:
15
(a) state that the applicant wants to be registered for a specified
16
number of months; or
17
(b) state that the applicant wants to be registered for a specified
18
number of years; or
19
(c) state that the applicant wants to be registered for life.
20
(3) The number of months specified under paragraph (2)(a):
21
(a) must be a whole number; and
22
(b) must not be less than 3.
23
(4) The number of years specified under paragraph (2)(b) must be a
24
whole number.
25
(5) An application under subsection (1) must be made in a manner
26
prescribed by the Register rules.
27
(6) An application under subsection (1) must:
28
(a) include a statement to the effect that the applicant is
29
ordinarily resident in Australia; and
30
(b) include such information relating to the applicant as is
31
prescribed by the Register rules.
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Nominated support person
1
(7) An application under subsection (1) may:
2
(a) nominate:
3
(i) another individual to be a nominated support person of
4
the applicant; or
5
(ii) each of 2 other individuals to be a nominated support
6
person of the applicant; or
7
(iii) each of 3 other individuals to be a nominated support
8
person of the applicant; or
9
(iv) each of 4 other individuals to be a nominated support
10
person of the applicant; or
11
(v) each of 5 other individuals to be a nominated support
12
person of the applicant; and
13
(b) include a statement to the effect that the applicant has
14
obtained the consent of the other individual, or each of the
15
other individuals, to be a nominated support person of the
16
applicant; and
17
(c) include such information relating to the other individual, or
18
each of the other individuals, as is prescribed by the Register
19
rules.
20
Reactivation of a previous registration
21
(8) If:
22
(a) an application is made under subsection (1); and
23
(b) the applicant ceased to be a registered individual on one or
24
more occasions during the 7-year period ending when the
25
application was made; and
26
(c) the applicant gave an archived records consent that is
27
applicable to the most recent cessation of registration; and
28
(d) the application includes a statement to the effect that the
29
applicant wants to reactivate the applicant's previous
30
registration;
31
then:
32
(e) the Register operator may use any or all of the information
33
and statements included in the applicant's entry in the
34
National Self-exclusion Register (as it stood immediately
35
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before that most recent cessation of registration) to prefill any
1
or all of the fields in the application; and
2
(f) the applicant may delete or modify any or all of the prefilled
3
information or statements before finalising the application.
4
Proclaimed start day
5
(9) An individual is not entitled to make an application under
6
subsection (1) before the proclaimed start day.
7
61JB Applicable identification procedure
8
(1) If an individual makes an application under section 61JA to be
9
registered in the National Self-exclusion Register, the Register
10
operator must attempt to carry out the applicable identification
11
procedure in respect of the applicant.
12
(2) Subsection (1) does not apply if a recognised third-party
13
identification procedure has been carried out in respect of the
14
applicant.
15
(3) Subsection (1) does not apply if:
16
(a) the applicant ceased to be a registered individual on one or
17
more occasions during the 7-year period ending when the
18
application was made; and
19
(b) the applicant gave an archived records consent that is
20
applicable to the most recent cessation of registration; and
21
(c) the application includes a statement to the effect that the
22
applicant wants to reactivate the applicant's previous
23
registration.
24
61JC Registration
25
(1) If:
26
(a) an individual (the
relevant individual
) makes an application
27
under section 61JA to be registered in the National
28
Self-exclusion Register; and
29
(b) either:
30
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(i) the Register operator has carried out the applicable
1
identification procedure in respect of the relevant
2
individual; or
3
(ii) as a result of subsection 61JB(2) or (3), the Register
4
operator is not required to attempt to carry out the
5
applicable identification procedure in respect of the
6
relevant individual;
7
the Register operator must:
8
(c) register the relevant individual by making an entry for the
9
individual in the National Self-exclusion Register; and
10
(d) do so within the period ascertained in accordance with the
11
Register rules.
12
(2) The entry must include:
13
(a) the relevant individual's name; and
14
(b) if the application nominated:
15
(i) another individual to be a nominated support person of
16
the applicant; or
17
(ii) each of 2 other individuals to be a nominated support
18
person of the applicant; or
19
(iii) each of 3 other individuals to be a nominated support
20
person of the applicant; or
21
(iv) each of 4 other individuals to be a nominated support
22
person of the applicant; or
23
(v) each of 5 other individuals to be a nominated support
24
person of the applicant;
25
for each nominated individual:
26
(vi) a statement to the effect that the individual is a
27
nominated support person of the relevant individual;
28
and
29
(vii) such other information relating to the individual as is
30
prescribed by the Register rules.
31
(3) If the entry includes a statement to the effect that another
32
individual is a nominated support person of the relevant individual,
33
the Register operator must:
34
(a) notify the other individual:
35
(i) that the Register operator has registered the relevant
36
individual; and
37
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(ii) that the other individual is a nominated support person
1
of the relevant individual; and
2
(iii) of such other information (if any) as is prescribed by the
3
Register rules; and
4
(b) do so as soon as practicable after registering the relevant
5
individual.
6
61JD Bribery etc.
7
Offence--bribery
8
(1) A person commits an offence if:
9
(a) the person is a licensed interactive wagering service provider;
10
and
11
(b) the person:
12
(i) provides a benefit to an individual; or
13
(ii) causes a benefit to be provided to an individual; or
14
(iii) offers to provide, or promises to provide, a benefit to an
15
individual; or
16
(iv) causes an offer of the provision of a benefit, or a
17
promise of the provision of a benefit, to be made to an
18
individual; and
19
(c) the person does so with the intention of influencing the
20
individual:
21
(i) not to become a registered individual; or
22
(ii) to cease to be a registered individual.
23
Penalty: 120 penalty units.
24
Civil penalty provision--bribery
25
(2) A licensed interactive wagering service provider must not:
26
(a) provide a benefit to an individual; or
27
(b) cause a benefit to be provided to an individual; or
28
(c) offer to provide, or promise to provide, a benefit to an
29
individual; or
30
(d) cause an offer of the provision of a benefit, or a promise of
31
the provision of a benefit, to be made to an individual;
32
with the intention of influencing the individual:
33
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(e) not to become a registered individual; or
1
(f) to cease to be a registered individual.
2
Civil penalty:
180 penalty units.
3
Offence--influence
4
(3) A person commits an offence if:
5
(a) the person is a licensed interactive wagering service provider;
6
and
7
(b) the person does an act or thing; and
8
(c) the person does the act or thing with the intention of
9
influencing an individual:
10
(i) not to become a registered individual; or
11
(ii) to cease to be a registered individual.
12
Penalty: 60 penalty units.
13
Civil penalty provision--influence
14
(4) A licensed interactive wagering service provider must not do an act
15
or thing with the intention of influencing an individual:
16
(a) not to become a registered individual; or
17
(b) to cease to be a registered individual.
18
Civil penalty:
90 penalty units.
19
Offence--extended geographical jurisdiction
20
(5) Section 15.4 of the
Criminal Code
(extended geographical
21
jurisdiction--category D) applies to an offence against
22
subsection (1) or (3).
23
61JE Re-registration
24
If an individual's entry is removed from the National
25
Self-exclusion Register, this Act does not prevent the Register
26
operator from subsequently re-registering the individual under
27
subsection 61JC(1).
28
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61JF Duration of registration
1
Registration for a number of months
2
(1) If:
3
(a) in response to an application under section 61JA, the Register
4
operator registers an individual by making an entry for the
5
individual in the National Self-exclusion Register; and
6
(b) the application stated that the individual wants to be
7
registered for a specified number of months;
8
the registration remains in force for that number of months.
9
(2) Subsection (1) has effect subject to sections 61JG, 61JK, 61JM and
10
61JN.
11
Registration for a number of years
12
(3) If:
13
(a) in response to an application under section 61JA, the Register
14
operator registers an individual by making an entry for the
15
individual in the National Self-exclusion Register; and
16
(b) the application stated that the individual wants to be
17
registered for a specified number of years;
18
the registration remains in force for that number of years.
19
(4) Subsection (3) has effect subject to sections 61JG, 61JK, 61JM and
20
61JN.
21
Registration for life
22
(5) If:
23
(a) in response to an application under section 61JA, the Register
24
operator registers an individual by making an entry for the
25
individual in the National Self-exclusion Register; and
26
(b) the application stated that the individual wants to be
27
registered for life;
28
the registration remains in force for the life of the individual.
29
(6) Subsection (5) has effect subject to sections 61JK, 61JM and 61JN.
30
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Nominated support person to be notified of duration of registration
1
(7) If:
2
(a) the Register operator registers an individual by making an
3
entry for the individual in the National Self-exclusion
4
Register; and
5
(b) the individual has a nominated support person;
6
the Register operator must:
7
(c) notify the nominated support person of the duration of the
8
individual's registration; and
9
(d) do so as soon as practicable after registering the individual.
10
61JG Extension of duration of registration
11
(1) A registered individual may:
12
(a) apply to the Register operator to extend the duration of the
13
individual's registration by a specified number of months; or
14
(b) apply to the Register operator to extend the duration of the
15
individual's registration by a specified number of years; or
16
(c) apply to the Register operator to extend the duration of the
17
individual's registration to the end of the individual's life.
18
(2) A number of months specified under paragraph (1)(a) must be a
19
whole number.
20
(3) A number of years specified under paragraph (1)(b) must be a
21
whole number.
22
(4) An application under subsection (1) must:
23
(a) include such information (if any) as is prescribed by the
24
Register rules; and
25
(b) be made in a manner prescribed by the Register rules.
26
(5) If a registered individual makes an application under subsection (1)
27
to extend the duration of the individual's registration by a specified
28
number of months, the Register operator must extend the duration
29
of the individual's registration by that number of months.
30
(6) If a registered individual makes an application under subsection (1)
31
to extend the duration of the individual's registration by a specified
32
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number of years, the Register operator must extend the duration of
1
the individual's registration by that number of years.
2
(7) If a registered individual makes an application under subsection (1)
3
to extend the duration of the individual's registration to the end of
4
the individual's life, the Register operator must extend the duration
5
of the individual's registration to the end of the individual's life.
6
(8) If:
7
(a) the Register operator extends the duration of a registered
8
individual's registration; and
9
(b) the individual has a nominated support person;
10
the Register operator must:
11
(c) notify the nominated support person of:
12
(i) the extension; and
13
(ii) if the extension is not to the end of the individual's
14
life--the time when the individual's registration will
15
expire as a result of the extension; and
16
(d) do so as soon as practicable after making the extension.
17
61JH Expiry of registration
18
(1) If the registration of a registered individual expires, the Register
19
operator must remove the individual's entry from the National
20
Self-exclusion Register.
21
(2) If the registration of a registered individual will expire at a known
22
time, the Register operator must:
23
(a) notify the individual that the individual's registration will
24
expire at that time; and
25
(b) do so at least 14 days before that time.
26
(3) If:
27
(a) the registration of a registered individual will expire at a
28
known time; and
29
(b) the individual has a nominated support person;
30
the Register operator must:
31
(c) notify the nominated support person that the individual's
32
registration will expire at that time; and
33
(d) do so at least 14 days before that time.
34
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61JI Variation of the National Self-exclusion Register--nominated
1
support person
2
New nominated support person
3
(1) The Register rules may authorise the Register operator to vary a
4
registered individual's entry in the National Self-exclusion
5
Register by including:
6
(a) a statement to the effect that another individual is a
7
nominated support person of the registered individual; and
8
(b) such information relating to the other individual as is
9
prescribed by the Register rules.
10
(2) If, as the result of a variation under Register rules made for the
11
purposes of subsection (1), an individual (the
relevant individual
)
12
becomes a nominated support person of a registered individual, the
13
Register operator must:
14
(a) notify the relevant individual that the relevant individual has
15
become a nominated support person of the registered
16
individual; and
17
(b) do so as soon as practicable after the relevant individual
18
becomes a nominated support person of the registered
19
individual.
20
Ceasing to be a nominated support person
21
(3) The Register rules may authorise the Register operator to vary a
22
registered individual's entry in the National Self-exclusion
23
Register by deleting:
24
(a) a statement relating to a nominated support person of the
25
registered individual; and
26
(b) any information relating to the nominated support person.
27
(4) If, as the result of a variation under Register rules made for the
28
purposes of subsection (3), an individual (the
former nominated
29
support person
) ceases to be a nominated support person of a
30
registered individual, the Register operator must:
31
(a) notify the former nominated support person of the cessation;
32
and
33
(b) do so as soon as practicable after the cessation.
34
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Death of nominated support person
1
(5) The Register rules may provide that, if:
2
(a) a registered individual has a nominated support person; and
3
(b) the Register operator becomes aware that the nominated
4
support person has died;
5
the Register operator must vary the registered individual's entry in
6
the National Self-exclusion Register by deleting:
7
(c) the statement relating to the nominated support person; and
8
(d) any information relating to the nominated support person.
9
Other matters
10
(6) The Register operator must not vary a registered individual's entry
11
in the National Self-exclusion Register if doing so would result in
12
the registered individual having more than 5 nominated support
13
persons.
14
(6) This section does not, by implication, limit section 61JJ.
15
61JJ Variation of the National Self-exclusion Register--other
16
matters
17
The Register rules may authorise the Register operator to vary
18
entries in the National Self-exclusion Register.
19
61JK Deregistration--application by a registered individual
20
(1) A registered individual may apply to the Register operator to
21
remove the individual's entry from the National Self-exclusion
22
Register.
23
(2) However, a registered individual is not entitled to make an
24
application under subsection (1) during the 3-month period
25
beginning at the time when the individual's registration came into
26
force, unless the individual was previously registered before that
27
time.
28
(3) An application under subsection (1) must:
29
(a) be in writing; and
30
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(b) include such information (if any) as is prescribed by the
1
Register rules.
2
(4) An application made by a registered individual under
3
subsection (1) must be accompanied by a statutory declaration:
4
(a) that is made by the registered individual; and
5
(b) that:
6
(i) is to the effect that, during the 3-month period ending
7
when the application was made, the registered
8
individual obtained counselling or advice from a
9
qualified counsellor about the registered individual's
10
decision to make the application; or
11
(ii) is to the effect that, during the 3-month period ending
12
when the application was made, the registered
13
individual obtained counselling or advice from a
14
qualified psychologist about the registered individual's
15
decision to make the application; or
16
(iii) is to the effect that, during the 3-month period ending
17
when the application was made, the registered
18
individual obtained counselling or advice from a general
19
practitioner about the registered individual's decision to
20
make the application; or
21
(iv) is to the effect that, during the 3-month period ending
22
when the application was made, the registered
23
individual obtained counselling or advice from a listed
24
support service about the registered individual's
25
decision to make the application.
26
(5) If:
27
(a) a registered individual makes an application under
28
subsection (1) to remove the individual's entry from the
29
National Self-exclusion Register; and
30
(b) the registered individual has a nominated support person;
31
the Register operator must:
32
(c) inform the nominated support person:
33
(i) that the application has been made; and
34
(ii) that the application can be withdrawn by the registered
35
individual before the end of the seventh day after the
36
day the application was made; and
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(iii) that, if the application is not withdrawn, the registered
1
individual's entry will be removed from the National
2
Self-exclusion Register at the start of the eighth day
3
after the day the application was made; and
4
(d) if the application is not withdrawn by the registered
5
individual before the end of the seventh day after the day the
6
application was made:
7
(i) remove the registered individual's entry from the
8
National Self-exclusion Register at the start of the
9
eighth day after the day the application was made; and
10
(ii) notify the nominated support person of the removal; and
11
(e) if the application is withdrawn by the registered individual
12
before the end of the seventh day after the day the application
13
was made--notify the nominated support person of the
14
withdrawal.
15
(6) If:
16
(a) a registered individual makes an application under
17
subsection (1) to remove the individual's entry from the
18
National Self-exclusion Register; and
19
(b) the registered individual does not have a nominated support
20
person; and
21
(c) the application is not withdrawn by the registered individual
22
before the end of the seventh day after the day the application
23
was made;
24
the Register operator must remove the registered individual's entry
25
from the National Self-exclusion Register at the start of the eighth
26
day after the day the application was made.
27
61JL Archived records consent
28
(1) An individual may make a statement to the Register operator:
29
(a) to the effect that, in the event that the individual ceases to be
30
a registered individual, the individual consents to the Register
31
operator archiving a copy of the individual's entry in the
32
National Self-exclusion Register (as it stood immediately
33
before the cessation) for 7 years after the cessation; and
34
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(b) acknowledging that the archived copy can be used by the
1
Register operator to facilitate a subsequent re-registration of
2
the individual in the National Self-exclusion Register.
3
(2) A consent under subsection (1) is to be known as an
archived
4
records consent
.
5
(3) A statement under subsection (1) may be included in an application
6
made under this Part or the Register rules.
7
(4) If an individual has given an archived records consent, the relevant
8
archived copy of the individual's entry in the National
9
Self-exclusion Register may only be used by the Register operator
10
to facilitate a subsequent re-registration of the individual in the
11
National Self-exclusion Register.
12
61JM Deregistration--other grounds
13
The Register operator must remove a registered individual's entry
14
from the National Self-exclusion Register if the Register operator
15
is aware that:
16
(a) the individual is not ordinarily resident in Australia; or
17
(b) the individual has died.
18
61JN Correction of the National Self-exclusion Register
19
(1) The Register operator may correct entries in the National
20
Self-exclusion Register.
21
(2) The ACMA may give written directions to the Register operator
22
relating to the exercise of its powers under subsection (1).
23
(3) The Register operator must comply with a direction under
24
subsection (2).
25
(4) The Register rules may require the Register operator to correct
26
entries in the National Self-exclusion Register in the circumstances
27
prescribed by the Register rules.
28
(5) The Register operator must remove an entry from the National
29
Self-exclusion Register if the entry was made in error.
30
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(6) The Register rules may require the Register operator to remove
1
entries from the National Self-exclusion Register in the
2
circumstances prescribed by the Register rules.
3
(7) This section does not, by implication, limit:
4
(a) section 61JJ; or
5
(b) Australian Privacy Principle 13; or
6
(c) Part V of the
Freedom of Information Act 1982
.
7
61JO Register rules may make further provision in relation to the
8
National Self-exclusion Register
9
The Register rules may make further provision in relation to the
10
National Self-exclusion Register.
11
61JP Licensed interactive wagering service providers must promote
12
the National Self-exclusion Register etc.
13
(1) The Register rules may require licensed interactive wagering
14
service providers to take specified action for the purposes of
15
promoting the National Self-exclusion Register to their customers.
16
(2) The Register rules may require licensed interactive wagering
17
service providers to take specified action directed towards ensuring
18
that their customers are aware of, and can readily access, the
19
following:
20
(a) the website of the National Self-exclusion Register;
21
(b) if there is an app for the National Self-exclusion Register--
22
that app.
23
Offence
24
(3) A person commits an offence if:
25
(a) the person is a licensed interactive wagering service provider;
26
and
27
(b) the person engages in conduct; and
28
(c) the person's conduct contravenes Register rules made for the
29
purposes of subsection (1) or (2).
30
Penalty: 120 penalty units.
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(4) A person who contravenes subsection (3) commits a separate
1
offence in respect of each day (including a day of conviction for
2
the offence or any later day) during which the contravention
3
continues.
4
Civil penalty provision
5
(5) A licensed interactive wagering service provider must not
6
contravene Register rules made for the purposes of subsection (1)
7
or (2).
8
Civil penalty:
180 penalty units.
9
(6) A person who contravenes subsection (5) commits a separate
10
contravention of that provision in respect of each day during which
11
the contravention occurs (including the day the relevant civil
12
penalty order is made or any later day).
13
Exception
14
(7) Subsections (3) and (5) do not apply if the contravention occurred
15
in circumstances prescribed by the Register rules.
16
Note 1:
In a prosecution for an offence against subsection (3), a defendant
17
bears an evidential burden in relation to the matter in this
18
subsection (see subsection 13.3(3) of the
Criminal Code
).
19
Note 2:
In proceedings for a civil penalty order for a contravention of
20
subsection (5), a defendant bears an evidential burden in relation to
21
the matter in this subsection (see section 96 of the Regulatory Powers
22
Act).
23
Offence--extended geographical jurisdiction
24
(8) Section 15.4 of the
Criminal Code
(extended geographical
25
jurisdiction--category D) applies to an offence against
26
subsection (3).
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Division 4--Prohibition of the provision of licensed
1
interactive wagering services to registered
2
individuals
3
61KA Prohibition of the provision of licensed interactive wagering
4
services to registered individuals
5
Offence
6
(1) A person commits an offence if:
7
(a) the person is a licensed interactive wagering service provider;
8
and
9
(b) the person provides a licensed interactive wagering service to
10
an individual; and
11
(c) the individual is a registered individual.
12
Penalty: 500 penalty units.
13
(2) A person who contravenes subsection (1) commits a separate
14
offence in respect of each day (including a day of conviction for
15
the offence or any later day) during which the contravention
16
continues.
17
Civil penalty provision
18
(3) A licensed interactive wagering service provider must not provide
19
a licensed interactive wagering service to a registered individual.
20
Civil penalty:
750 penalty units.
21
(4) A person who contravenes subsection (3) commits a separate
22
contravention of that provision in respect of each day during which
23
the contravention occurs (including the day the relevant civil
24
penalty order is made or any later day).
25
Exception
26
(5) Subsections (1) and (3) do not apply if the licensed interactive
27
wagering service provider took reasonable precautions, and
28
exercised due diligence, to avoid the contravention.
29
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Note 1:
The Register operator must, if requested to do so by a licensed
1
interactive wagering service provider, inform the provider whether an
2
individual is a registered individual (see section 61NC).
3
Note 2:
In a prosecution for an offence against subsection (1), a defendant
4
bears an evidential burden in relation to the matter in this
5
subsection (see subsection 13.3(3) of the
Criminal Code)
.
6
Note 3:
In proceedings for a civil penalty order for a contravention of
7
subsection (3), a defendant bears an evidential burden in relation to
8
the matter in this subsection (see section 96 of the Regulatory Powers
9
Act).
10
Offence--extended geographical jurisdiction
11
(6) Section 15.4 of the
Criminal Code
(extended geographical
12
jurisdiction--category D) applies to an offence against
13
subsection (1).
14
Division 5--Prohibition of the marketing of licensed
15
interactive wagering services to registered
16
individuals
17
61LA Regulated electronic message must not be sent to an electronic
18
address of a registered individual
19
Offence--knowledge of provider
20
(1) A person commits an offence if:
21
(a) the person is a licensed interactive wagering service provider;
22
and
23
(b) the person sends, or causes to be sent, a regulated electronic
24
message to an electronic address; and
25
(c) the electronic address is known by the person to be an
26
electronic address of a registered individual.
27
Penalty: 120 penalty units.
28
Civil penalty provision--knowledge of provider
29
(2) A licensed interactive wagering service provider must not send, or
30
cause to be sent, a regulated electronic message to an electronic
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address that is known by the provider to be an electronic address of
1
a registered individual.
2
Civil penalty:
180 penalty units.
3
Offence--recklessness of provider
4
(3) A person commits an offence if:
5
(a) the person is a licensed interactive wagering service provider;
6
and
7
(b) the person sends, or causes to be sent, a regulated electronic
8
message to an electronic address; and
9
(c) the electronic address is an electronic address of a registered
10
individual; and
11
(d) the person is reckless as to the fact that the electronic address
12
is an electronic address of the registered individual.
13
Penalty: 60 penalty units.
14
Civil penalty provision--recklessness of provider
15
(4) A licensed interactive wagering service provider must not send, or
16
cause to be sent, a regulated electronic message to an electronic
17
address if:
18
(a) the electronic address is an electronic address of a registered
19
individual; and
20
(b) the person is reckless as to the fact that the electronic address
21
is an electronic address of the registered individual.
22
Civil penalty:
90 penalty units.
23
(5) For the purposes of subsection (4), a person is
reckless
as to the
24
fact mentioned in paragraph (b) of that subsection if:
25
(a) the person is aware of a substantial risk that the fact exists;
26
and
27
(b) having regard to the circumstances known to the person, it is
28
unjustifiable to take the risk.
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Exception
1
(6) Subsections (1), (2), (3) and (4) do not apply if the licensed
2
interactive wagering service provider took reasonable precautions,
3
and exercised due diligence, to avoid the contravention.
4
Note 1:
The Register operator must, if requested to do so by a licensed
5
interactive wagering service provider, inform the provider whether an
6
individual is a registered individual (see section 61NC).
7
Note 2:
In a prosecution for an offence against subsection (1), a defendant
8
bears an evidential burden in relation to the matter in this
9
subsection (see subsection 13.3(3) of the
Criminal Code)
.
10
Note 3:
In proceedings for a civil penalty order for a contravention of
11
subsection (2) or (4), a defendant bears an evidential burden in
12
relation to the matter in this subsection (see section 96 of the
13
Regulatory Powers Act).
14
Offences--extended geographical jurisdiction
15
(7) Section 15.4 of the
Criminal Code
(extended geographical
16
jurisdiction--category D) applies to an offence against
17
subsection (1) or (3).
18
61LB Regulated telemarketing calls must not be made to a
19
registered individual
20
Offence
21
(1) A person commits an offence if:
22
(a) the person is a licensed interactive wagering service provider;
23
and
24
(b) the person makes, or causes to be made, a regulated
25
telemarketing call to another person; and
26
(c) the other person is a registered individual.
27
Penalty: 120 penalty units.
28
Civil penalty provision
29
(2) A licensed interactive wagering service provider must not make, or
30
cause to be made, a regulated telemarketing call to a registered
31
individual.
32
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Civil penalty:
180 penalty units.
1
Exception
2
(3) Subsections (1) and (2) do not apply if the licensed interactive
3
wagering service provider took reasonable precautions, and
4
exercised due diligence, to avoid the contravention.
5
Note 1:
The Register operator must, if requested to do so by a licensed
6
interactive wagering service provider, inform the provider whether an
7
individual is a registered individual (see section 61NC).
8
Note 2:
In a prosecution for an offence against subsection (1), a defendant
9
bears an evidential burden in relation to the matter in this
10
subsection (see subsection 13.3(3) of the
Criminal Code)
.
11
Note 3:
In proceedings for a civil penalty order for a contravention of
12
subsection (2), a defendant bears an evidential burden in relation to
13
the matter in this subsection (see section 96 of the Regulatory Powers
14
Act).
15
Offence--extended geographical jurisdiction
16
(4) Section 15.4 of the
Criminal Code
(extended geographical
17
jurisdiction--category D) applies to an offence against
18
subsection (1).
19
61LC Regulated direct marketing material must not be sent to a
20
registered individual
21
Offence
22
(1) A person commits an offence if:
23
(a) the person is a licensed interactive wagering service provider;
24
and
25
(b) the person sends, or causes to be sent, regulated direct
26
marketing material to an individual; and
27
(c) the individual is a registered individual; and
28
(d) in a case where paragraph 61GH(1)(f) applies to the
29
material--the person sends, or causes to be sent, the
30
regulated direct marketing material to the individual by a
31
postal service or other like service.
32
Penalty: 120 penalty units.
33
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Civil penalty provision
1
(2) A licensed interactive wagering service provider must not send, or
2
cause to be sent, regulated direct marketing material to a registered
3
individual if:
4
(a) paragraph 61GH(1)(d) or (e) applies to the material; or
5
(b) in a case where paragraph 61GH(1)(f) applies to the
6
material--the licensed interactive wagering service provider
7
sends, or causes to be sent, the regulated direct marketing
8
material to the registered individual by a postal service or
9
other like service.
10
Civil penalty:
180 penalty units.
11
Exception
12
(3) Subsections (1) and (2) do not apply if the licensed interactive
13
wagering service provider took reasonable precautions, and
14
exercised due diligence, to avoid the contravention.
15
Note 1:
The Register operator must, if requested to do so by a licensed
16
interactive wagering service provider, inform the provider whether an
17
individual is a registered individual (see section 61NC).
18
Note 2:
In a prosecution for an offence against subsection (1), a defendant
19
bears an evidential burden in relation to the matter in this
20
subsection (see subsection 13.3(3) of the
Criminal Code)
.
21
Note 3:
In proceedings for a civil penalty order for a contravention of
22
subsection (2), a defendant bears an evidential burden in relation to
23
the matter in this subsection (see section 96 of the Regulatory Powers
24
Act).
25
Offence--extended geographical jurisdiction
26
(4) Section 15.4 of the
Criminal Code
(extended geographical
27
jurisdiction--category D) applies to an offence against
28
subsection (1).
29
61LD Information about a registered individual must not be
30
disclosed for marketing purposes
31
Offence
32
(1) A person commits an offence if:
33
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(a) the person is a licensed interactive wagering service provider;
1
and
2
(b) the person discloses any of the following information relating
3
to an individual:
4
(i) the name of the individual;
5
(ii) an electronic address of the individual;
6
(iii) a telephone number of the individual;
7
(iv) the physical or postal address of the individual;
8
(v) such other information (if any) relating to the individual
9
as is prescribed by the Register rules; and
10
(c) the person does so with the intention that the information be
11
used by the recipient of the information:
12
(i) to send, or cause to be sent, a regulated electronic
13
message to an electronic address of the individual; or
14
(ii) to make, or cause to be made, a regulated telemarketing
15
call to the individual; or
16
(iii) to send, or cause to be sent, regulated direct marketing
17
material to the individual; and
18
(d) the individual is a registered individual; and
19
(e) the individual has or had a licensed interactive wagering
20
service account with the person.
21
Penalty: 120 penalty units.
22
Civil penalty provision
23
(2) A licensed interactive wagering service provider must not disclose
24
any of the following information relating to a registered individual:
25
(a) the name of the individual;
26
(b) an electronic address of the individual;
27
(c) a telephone number of the individual;
28
(d) the physical or postal address of the individual;
29
(e) such other information (if any) relating to the individual as is
30
prescribed by the Register rules;
31
if:
32
(f) the provider does so with the intention that the information
33
be used by the recipient of the information:
34
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(i) to send, or cause to be sent, a regulated electronic
1
message to an electronic address of the individual; or
2
(ii) to make, or cause to be made, a regulated telemarketing
3
call to the individual; or
4
(iii) to send, or cause to be sent, regulated direct marketing
5
material to the individual; and
6
(g) the individual has or had a licensed interactive wagering
7
service account with the provider.
8
Civil penalty:
180 penalty units.
9
Exception
10
(3) Subsections (1) and (2) do not apply if the licensed interactive
11
wagering service provider took reasonable precautions, and
12
exercised due diligence, to avoid the contravention.
13
Note 1:
The Register operator must, if requested to do so by a licensed
14
interactive wagering service provider, inform the provider whether an
15
individual is a registered individual (see section 61NC).
16
Note 2:
In a prosecution for an offence against subsection (1), a defendant
17
bears an evidential burden in relation to the matter in this
18
subsection (see subsection 13.3(3) of the
Criminal Code)
.
19
Note 3:
In proceedings for a civil penalty order for a contravention of
20
subsection (2), a defendant bears an evidential burden in relation to
21
the matter in this subsection (see section 96 of the Regulatory Powers
22
Act).
23
Offence--extended geographical jurisdiction
24
(4) Section 15.4 of the
Criminal Code
(extended geographical
25
jurisdiction--category D) applies to an offence against
26
subsection (1).
27
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Division 6--Rules about licensed interactive wagering
1
service accounts etc.
2
61MA Licensed interactive wagering service account must not be
3
opened for a registered individual
4
Offence
5
(1) A person commits an offence if:
6
(a) the person is a licensed interactive wagering service provider;
7
and
8
(b) the person opens a licensed interactive wagering service
9
account for an individual; and
10
(c) the individual is a registered individual.
11
Penalty: 120 penalty units.
12
Civil penalty provision
13
(2) A licensed interactive wagering service provider must not open a
14
licensed interactive wagering service account for a registered
15
individual.
16
Civil penalty:
180 penalty units.
17
Exception
18
(3) Subsections (1) and (2) do not apply if the licensed interactive
19
wagering service provider took reasonable precautions, and
20
exercised due diligence, to avoid the contravention.
21
Note 1:
The Register operator must, if requested to do so by a licensed
22
interactive wagering service provider, inform the provider whether an
23
individual is a registered individual (see section 61NC).
24
Note 2:
In a prosecution for an offence against subsection (1), a defendant
25
bears an evidential burden in relation to the matter in this
26
subsection (see subsection 13.3(3) of the
Criminal Code)
.
27
Note 3:
In proceedings for a civil penalty order for a contravention of
28
subsection (2), a defendant bears an evidential burden in relation to
29
the matter in this subsection (see section 96 of the Regulatory Powers
30
Act).
31
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Offence--extended geographical jurisdiction
1
(4) Section 15.4 of the
Criminal Code
(extended geographical
2
jurisdiction--category D) applies to an offence against
3
subsection (1).
4
61MB Closure of a licensed interactive wagering service account
5
held by a registered individual--no outstanding or
6
pending bets
7
Offence
8
(1) If:
9
(a) an individual becomes a registered individual; and
10
(b) immediately before becoming a registered individual:
11
(i) the individual had a licensed interactive wagering
12
service account with a licensed interactive wagering
13
service provider; and
14
(ii) the individual did not have any outstanding or pending
15
bets that are attributable to the provision of a licensed
16
interactive wagering service by the provider;
17
then:
18
(c) if, immediately before becoming a registered individual, the
19
individual did not owe any debts to the provider that could
20
lawfully be recovered by way of deduction from the
21
account--the provider must, as soon as practicable after the
22
individual becomes a registered individual:
23
(i) close the account; and
24
(ii) if the account has a credit balance--pay the individual
25
an amount equal to the credit balance; and
26
(d) if, immediately before becoming a registered individual, the
27
individual owed one or more debts to the provider that could
28
lawfully be recovered by way of deduction from the
29
account--the provider must, as soon as practicable after the
30
individual becomes a registered individual:
31
(i) close the account; and
32
(ii) if the account would have a credit balance if the total
33
amount of those debts were deducted from the
34
account--pay the individual an amount equal to the
35
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difference between the balance of the account and the
1
total amount of those debts; and
2
(e) if the individual ceases to be a registered individual before
3
the closure of the account--the provider must ensure that the
4
account is not used in relation to the provision, or prospective
5
provision, of one or more licensed interactive wagering
6
services to the individual after the cessation; and
7
(f) if the account has been closed--the provider must not
8
reopen, reactivate or reinstate the account.
9
(2) Paragraph (1)(e) does not prevent the licensed interactive wagering
10
service provider from opening a new licensed interactive wagering
11
service account for the individual if the individual ceases to be a
12
registered individual.
13
(3) A person commits an offence if:
14
(a) the person is subject to a requirement under subsection (1);
15
and
16
(b) the person engages in conduct; and
17
(c) the person's conduct breaches the requirement.
18
Penalty: 120 penalty units.
19
(4) Subsection (3) does not apply if the person took reasonable
20
precautions, and exercised due diligence, to avoid the
21
contravention.
22
Note 1:
The Register operator must, if requested to do so by a licensed
23
interactive wagering service provider, inform the provider whether an
24
individual is a registered individual (see section 61NC).
25
Note 2:
In a prosecution for an offence against subsection (3), a defendant
26
bears an evidential burden in relation to the matter in this
27
subsection (see subsection 13.3(3) of the
Criminal Code)
.
28
Civil penalty provision
29
(5) If:
30
(a) an individual becomes a registered individual; and
31
(b) immediately before becoming a registered individual:
32
(i) the individual had a licensed interactive wagering
33
service account with a licensed interactive wagering
34
service provider; and
35
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(ii) the individual did not have any outstanding or pending
1
bets that are attributable to the provision of a licensed
2
interactive wagering service by the provider;
3
then:
4
(c) if, immediately before becoming a registered individual, the
5
individual did not owe any debts to the provider that could
6
lawfully be recovered by way of deduction from the
7
account--the provider must, as soon as practicable after the
8
individual becomes a registered individual:
9
(i) close the account; and
10
(ii) if the account has a credit balance--pay the individual
11
an amount equal to the credit balance; and
12
(d) if, immediately before becoming a registered individual, the
13
individual owed one or more debts to the provider that could
14
lawfully be recovered by way of deduction from the
15
account--the provider must, as soon as practicable after the
16
individual becomes a registered individual:
17
(i) close the account; and
18
(ii) if the account would have a credit balance if the total
19
amount of those debts were deducted from the
20
account--pay the individual an amount equal to the
21
difference between the balance of the account and the
22
total amount of those debts; and
23
(e) if the individual ceases to be a registered individual before
24
the closure of the account--the provider must ensure that the
25
account is not used in relation to the provision, or prospective
26
provision, of one or more licensed interactive wagering
27
services to the individual after the cessation; and
28
(f) if the account has been closed--the provider must not
29
reopen, reactivate or reinstate the account.
30
Civil penalty:
180 penalty units.
31
(6) Paragraph (5)(e) does not prevent the licensed interactive wagering
32
service provider from opening a new licensed interactive wagering
33
service account for the individual if the individual ceases to be a
34
registered individual.
35
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(7) Subsection (5) does not apply if the licensed interactive wagering
1
service provider took reasonable precautions, and exercised due
2
diligence, to avoid the contravention.
3
Note 1:
The Register operator must, if requested to do so by a licensed
4
interactive wagering service provider, inform the provider whether an
5
individual is a registered individual (see section 61NC).
6
Note 2:
In proceedings for a civil penalty order for a contravention of
7
subsection (5), a defendant bears an evidential burden in relation to
8
the matter in this subsection (see section 96 of the Regulatory Powers
9
Act).
10
Offence--extended geographical jurisdiction
11
(8) Section 15.4 of the
Criminal Code
(extended geographical
12
jurisdiction--category D) applies to an offence against
13
subsection (3).
14
Debt recovery not affected
15
(9) To avoid doubt, the closure of a licensed interactive wagering
16
service account under this section does not prevent the recovery of
17
a debt owed by an individual to a licensed interactive wagering
18
service provider.
19
Acquisition of property
20
(10) The provisions of this section have no effect to the extent (if any)
21
to which their operation would result in an acquisition of property
22
(within the meaning of paragraph 51(xxxi) of the Constitution)
23
from a person otherwise than on just terms (within the meaning of
24
that paragraph).
25
61MC Closure of a licensed interactive wagering service account
26
held by a registered individual--outstanding or pending
27
bets
28
Offence
29
(1) If:
30
(a) an individual becomes a registered individual; and
31
(b) immediately before becoming a registered individual:
32
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(i) the individual had a licensed interactive wagering
1
service account with a licensed interactive wagering
2
service provider; and
3
(ii) the individual had one or more outstanding or pending
4
bets that are attributable to the provision of one or more
5
licensed interactive wagering services by the provider;
6
and
7
(c) those bets are subsequently resolved (whether at the same
8
time or at different times);
9
then:
10
(d) if, at the time, or the latest time, when those bets were
11
resolved, the individual did not owe any debts to the provider
12
that could lawfully be recovered by way of deduction from
13
the account--the provider must, as soon as practicable after
14
the time, or the latest time, when those bets were resolved:
15
(i) close the account; and
16
(ii) if the account has a credit balance--pay the individual
17
an amount equal to the credit balance; and
18
(e) if, at the time, or the latest time, when those bets were
19
resolved, the individual owed one or more debts to the
20
provider that could lawfully be recovered by way of
21
deduction from the account--the provider must, as soon as
22
practicable after the time, or the latest time, when those bets
23
were resolved:
24
(i) close the account; and
25
(ii) if the account would have a credit balance if the total
26
amount of those debts were deducted from the
27
account--pay the individual an amount equal to the
28
difference between the balance of the account and the
29
total amount of those debts; and
30
(f) if the individual ceases to be a registered individual before
31
the closure of the account--the provider must ensure that the
32
account is not used in relation to the provision, or prospective
33
provision, of one or more licensed interactive wagering
34
services to the individual after the cessation; and
35
(g) if the account has been closed--the provider must not
36
reopen, reactivate or reinstate the account.
37
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(2) Paragraph (1)(f) does not prevent the licensed interactive wagering
1
service provider from opening a new licensed interactive wagering
2
service account for the individual if the individual ceases to be a
3
registered individual.
4
(3) A person commits an offence if:
5
(a) the person is subject to a requirement under subsection (1);
6
and
7
(b) the person engages in conduct; and
8
(c) the person's conduct breaches the requirement.
9
Penalty: 120 penalty units.
10
(4) Subsection (3) does not apply if the person took reasonable
11
precautions, and exercised due diligence, to avoid the
12
contravention.
13
Note 1:
The Register operator must, if requested to do so by a licensed
14
interactive wagering service provider, inform the provider whether an
15
individual is a registered individual (see section 61NC).
16
Note 2:
In a prosecution for an offence against subsection (3), a defendant
17
bears an evidential burden in relation to the matter in this
18
subsection (see subsection 13.3(3) of the
Criminal Code)
.
19
Civil penalty provision
20
(5) If:
21
(a) an individual becomes a registered individual; and
22
(b) immediately before becoming a registered individual:
23
(i) the individual had a licensed interactive wagering
24
service account with a licensed interactive wagering
25
service provider; and
26
(ii) the individual had one or more outstanding or pending
27
bets that are attributable to the provision of one or more
28
licensed interactive wagering services by the provider;
29
and
30
(c) those bets are subsequently resolved (whether at the same
31
time or at different times);
32
then:
33
(d) if, at the time, or the latest time, when those bets were
34
resolved, the individual did not owe any debts to the provider
35
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that could lawfully be recovered by way of deduction from
1
the account--the provider must, as soon as practicable after
2
the time, or the latest time, when those bets were resolved:
3
(i) close the account; and
4
(ii) if the account has a credit balance--pay the individual
5
an amount equal to the credit balance; and
6
(e) if, at the time, or the latest time, when those bets were
7
resolved, the individual owed one or more debts to the
8
provider that could lawfully be recovered by way of
9
deduction from the account--the provider must, as soon as
10
practicable after the time, or the latest time, when those bets
11
were resolved:
12
(i) close the account; and
13
(ii) if the account would have a credit balance if the total
14
amount of those debts were deducted from the
15
account--pay the individual an amount equal to the
16
difference between the balance of the account and the
17
total amount of those debts; and
18
(f) if the individual ceases to be a registered individual before
19
the closure of the account--the provider must ensure that the
20
account is not used in relation to the provision, or prospective
21
provision, of one or more licensed interactive wagering
22
services to the individual after the cessation; and
23
(g) if the account has been closed--the provider must not
24
reopen, reactivate or reinstate the account.
25
Civil penalty:
180 penalty units.
26
(6) Paragraph (5)(f) does not prevent the licensed interactive wagering
27
service provider from opening a new licensed interactive wagering
28
service account for the individual if the individual ceases to be a
29
registered individual.
30
(7) Subsection (5) does not apply if the licensed interactive wagering
31
service provider took reasonable precautions, and exercised due
32
diligence, to avoid the contravention.
33
Note 1:
The Register operator must, if requested to do so by a licensed
34
interactive wagering service provider, inform the provider whether an
35
individual is a registered individual (see section 61NC).
36
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Note 2:
In proceedings for a civil penalty order for a contravention of
1
subsection (5), a defendant bears an evidential burden in relation to
2
the matter in this subsection (see section 96 of the Regulatory Powers
3
Act).
4
Offence--extended geographical jurisdiction
5
(8) Section 15.4 of the
Criminal Code
(extended geographical
6
jurisdiction--category D) applies to an offence against
7
subsection (3).
8
Debt recovery not affected
9
(9) To avoid doubt, the closure of a licensed interactive wagering
10
service account under this section does not prevent the recovery of
11
a debt owed by an individual to a licensed interactive wagering
12
service provider.
13
Acquisition of property
14
(10) The provisions of this section have no effect to the extent (if any)
15
to which their operation would result in an acquisition of property
16
(within the meaning of paragraph 51(xxxi) of the Constitution)
17
from a person otherwise than on just terms (within the meaning of
18
that paragraph).
19
Division 7--Disclosure of protected information
20
61NA Protected information
21
For the purposes of this Part,
protected information
means:
22
(a) information about whether an individual is or was a
23
registered individual; or
24
(b) information about whether an individual is or was a
25
nominated support person of a registered individual; or
26
(c) any other information that is or was included in an entry in
27
the National Self-exclusion Register; or
28
(d) information about, or included in, an application made by an
29
individual under Division 3 or the Register rules.
30
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61NB Unauthorised disclosure of protected information
1
Offence
2
(1) A person commits an offence if:
3
(a) the person discloses protected information; and
4
(b) the person is or was:
5
(i) a licensed interactive wagering service provider; or
6
(ii) an employee of a licensed interactive wagering service
7
provider; or
8
(iii) a contracted service provider of a licensed interactive
9
wagering service provider; or
10
(iv) an employee of a contracted service provider of a
11
licensed interactive wagering service provider; or
12
(v) the Register operator; or
13
(vi) an employee of the Register operator; or
14
(vii) a contracted service provider of the Register operator; or
15
(viii) an employee of a contracted service provider of the
16
Register operator; or
17
(ix) an ACMA official; or
18
(x) the Secretary of a Department; or
19
(xi) an APS employee in a Department; and
20
(c) the information has come to the person's knowledge, or into
21
the person's possession:
22
(i) if the person is or was a licensed interactive wagering
23
service provider--in connection with the person's
24
capacity as such a provider; or
25
(ii) if the person is or was an employee of a licensed
26
interactive wagering service provider--because the
27
person is or was employed by the provider in
28
connection with its business as such a provider; or
29
(iii) if the person is or was a contracted service provider of a
30
licensed interactive wagering service provider--in
31
connection with the person's business as such a
32
contracted service provider; or
33
(iv) if the person is or was an employee of a contracted
34
service provider of a licensed interactive wagering
35
service provider--because the person is or was
36
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employed by the contracted service provider in
1
connection with its business as such a contracted service
2
provider; or
3
(v) if the person is or was the Register operator--in
4
connection with the person's capacity as the Register
5
operator; or
6
(vi) if the person is or was an employee of the Register
7
operator--because the person is or was employed by the
8
Register operator in connection with its business as the
9
Register operator; or
10
(vii) if the person is or was a contracted service provider of
11
the Register operator--in connection with the person's
12
business as such a contracted service provider; or
13
(viii) if the person is or was an employee of a contracted
14
service provider of the Register operator--because the
15
person is or was employed by the contracted service
16
provider in connection with its business as such a
17
contracted service provider; or
18
(ix) if the person is or was an ACMA official--in
19
connection with the person's capacity as an ACMA
20
official; or
21
(x) if the person is or was the Secretary of a Department--
22
in connection with the person's capacity as the
23
Secretary of that Department; or
24
(xi) if the person is or was an APS employee in a
25
Department--in connection with the person's capacity
26
as an APS employee in that Department.
27
Penalty: 120 penalty units.
28
Civil penalty provision
29
(2) A person must not disclose protected information if:
30
(a) the person is or was:
31
(i) a licensed interactive wagering service provider; or
32
(ii) an employee of a licensed interactive wagering service
33
provider; or
34
(iii) a contracted service provider of a licensed interactive
35
wagering service provider; or
36
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(iv) an employee of a contracted service provider of a
1
licensed interactive wagering service provider; or
2
(v) the Register operator; or
3
(vi) an employee of the Register operator; or
4
(vii) a contracted service provider of the Register operator; or
5
(viii) an employee of a contracted service provider of the
6
Register operator; or
7
(ix) an ACMA official; or
8
(x) the Secretary of a Department; or
9
(xi) an APS employee in a Department; and
10
(b) the information has come to the person's knowledge, or into
11
the person's possession:
12
(i) if the person is or was a licensed interactive wagering
13
service provider--in connection with the person's
14
capacity as such a provider; or
15
(ii) if the person is or was an employee of a licensed
16
interactive wagering service provider--because the
17
person is or was employed by the provider in
18
connection with its business as such a provider; or
19
(iii) if the person is or was a contracted service provider of a
20
licensed interactive wagering service provider--in
21
connection with the person's business as such a
22
contracted service provider; or
23
(iv) if the person is or was an employee of a contracted
24
service provider of a licensed interactive wagering
25
service provider--because the person is or was
26
employed by the contracted service provider in
27
connection with its business as such a contracted service
28
provider; or
29
(v) if the person is or was the Register operator--in
30
connection with the person's capacity as the Register
31
operator; or
32
(vi) if the person is or was an employee of the Register
33
operator--because the person is or was employed by the
34
Register operator in connection with its business as the
35
Register operator; or
36
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(vii) if the person is or was a contracted service provider of
1
the Register operator--in connection with the person's
2
business as such a contracted service provider; or
3
(viii) if the person is or was an employee of a contracted
4
service provider of the Register operator--because the
5
person is or was employed by the contracted service
6
provider in connection with its business as such a
7
contracted service provider; or
8
(ix) if the person is or was an ACMA official--in
9
connection with the person's capacity as an ACMA
10
official; or
11
(x) if the person is or was the Secretary of a Department--
12
in connection with the person's capacity as the
13
Secretary of that Department; or
14
(xi) if the person is or was an APS employee in a
15
Department--in connection with the person's capacity
16
as an APS employee in that Department.
17
Civil penalty:
180 penalty units.
18
Exceptions
19
(3) Subsections (1) and (2) do not apply if the disclosure was
20
authorised by or under:
21
(a) subsection (4), (6) or (7); or
22
(b) section 61NC; or
23
(c) section 61ND; or
24
(d) section 61NE; or
25
(e) section 61NF; or
26
(f) section 61NG; or
27
(g) section 61NH; or
28
(h) Australian Privacy Principle 12; or
29
(i) Part V of the
Freedom of Information Act 1982
.
30
Note 1:
In a prosecution for an offence against subsection (1), a defendant
31
bears an evidential burden in relation to the matter in this
32
subsection (see subsection 13.3(3) of the
Criminal Code)
.
33
Note 2:
In proceedings for a civil penalty order for a contravention of
34
subsection (2), a defendant bears an evidential burden in relation to
35
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the matter in this subsection (see section 96 of the Regulatory Powers
1
Act).
2
Authorised disclosure--general
3
(4) A person covered by paragraph (1)(b) or (2)(a) may disclose
4
protected information:
5
(a) in connection with the administration or execution of this
6
Part; or
7
(b) for the purposes of ensuring that a licensed interactive
8
wagering service provider complies with this Part; or
9
(c) for the purposes of:
10
(i) any legal proceedings arising out of or otherwise related
11
to this Part; or
12
(ii) any report of any such proceedings; or
13
(d) in accordance with any requirement imposed by a law of the
14
Commonwealth, a State or a Territory; or
15
(e) in connection with the performance of functions, or the
16
exercise of powers, by:
17
(i) the Register operator; or
18
(ii) the ACMA; or
19
(f) for the purpose of obtaining legal advice in relation to this
20
Part.
21
(5) For the purposes of subsection (4),
this Part
includes:
22
(a) the Register rules; and
23
(b) any other provision of this Act, so far as that other provision
24
relates to this Part or the Register rules; and
25
(c) the Regulatory Powers Act, so far as that Act relates to this
26
Part; and
27
(d) the
National Self-exclusion Register (Cost Recovery Levy)
28
Act 2019
.
29
Authorised disclosure--consent
30
(6) A person covered by paragraph (1)(b) or (2)(a) may disclose
31
protected information that is personal information that relates to an
32
individual if:
33
(a) the individual has consented to the disclosure; and
34
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(b) the disclosure is in accordance with that consent.
1
Authorised disclosure--information derived from protected
2
information
3
(7) The ACMA may disclose personal information derived from
4
protected information if the personal information is de-identified
5
information (within the meaning of the
Privacy Act 1988
).
6
Offence--extended geographical jurisdiction
7
(8) Section 15.4 of the
Criminal Code
(extended geographical
8
jurisdiction--category D) applies to an offence against
9
subsection (1).
10
61NC Access to the National Self-exclusion Register by a licensed
11
interactive wagering service provider
12
(1) A licensed interactive wagering service provider may request the
13
Register operator to inform the provider whether one or more
14
specified individuals are registered individuals as at the time when
15
the request is made.
16
(2) A request under subsection (1) must include, for each individual
17
covered by the request:
18
(a) the individual's name; and
19
(b) such other information as is prescribed by the Register rules.
20
(3) The Register operator must:
21
(a) comply with a request under subsection (1); and
22
(b) do so within the period ascertained in accordance with the
23
Register rules.
24
(4) The Register rules may make provision for and in relation to either
25
or both of the following:
26
(a) the manner in which a request under subsection (1) is to be
27
made;
28
(b) the manner in which the Register operator is to comply with a
29
request under subsection (1).
30
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(5) A manner mentioned in subsection (4) must involve the use of an
1
internet carriage service.
2
Connectivity obligations of licensed interactive wagering service
3
provider
4
(6) A licensed interactive wagering service provider must take all
5
reasonable steps to ensure that the provider:
6
(a) has a computer system; and
7
(b) is continuously supplied with an internet carriage service;
8
that (when considered together) enable the provider to:
9
(c) make requests under subsection (1) at any time of the day or
10
night; and
11
(d) be informed by the Register operator in compliance with
12
those requests.
13
Offence
14
(7) A person commits an offence if:
15
(a) the person is a licensed interactive wagering service provider;
16
and
17
(b) the person engages in conduct; and
18
(c) the person's conduct contravenes subsection (6).
19
Penalty: 120 penalty units.
20
(8) A person who contravenes subsection (7) commits a separate
21
offence in respect of each day (including a day of conviction for
22
the offence or any later day) during which the contravention
23
continues.
24
Civil penalty provision
25
(9) A licensed interactive wagering service provider must not
26
contravene subsection (6).
27
Civil penalty:
180 penalty units.
28
(10) A person who contravenes subsection (9) commits a separate
29
contravention of that provision in respect of each day during which
30
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the contravention occurs (including the day the relevant civil
1
penalty order is made or any later day).
2
Offence--extended geographical jurisdiction
3
(11) Section 15.4 of the
Criminal Code
(extended geographical
4
jurisdiction--category D) applies to an offence against
5
subsection (7).
6
61ND Access to the National Self-exclusion Register by a registered
7
individual
8
(1) A registered individual may request the Register operator to inform
9
the individual of the content of the individual's entry in the
10
National Self-exclusion Register.
11
(2) The Register operator must:
12
(a) comply with a request under subsection (1); and
13
(b) do so as soon as practicable after the request is made.
14
(3) The Register rules may make provision for and in relation to either
15
or both of the following:
16
(a) the manner in which a request under subsection (1) is to be
17
made;
18
(b) the manner in which the Register operator is to comply with a
19
request under subsection (1).
20
(4) This section does not, by implication, limit:
21
(a) Australian Privacy Principle 12; or
22
(b) Part V of the
Freedom of Information Act 1982
.
23
61NE Access to the National Self-exclusion Register by a nominated
24
support person
25
(1) A nominated support person of a registered individual may request
26
the Register operator to inform the individual of so much of the
27
content of the individual's entry in the National Self-exclusion
28
Register as relates to the nominated support person.
29
(2) The Register operator must:
30
(a) comply with a request under subsection (1); and
31
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(b) do so as soon as practicable after the request is made.
1
(3) The Register rules may make provision for and in relation to either
2
or both of the following:
3
(a) the manner in which a request under subsection (1) is to be
4
made;
5
(b) the manner in which the Register operator is to comply with a
6
request under subsection (1).
7
(4) This section does not, by implication, limit:
8
(a) Australian Privacy Principle 12; or
9
(b) Part V of the
Freedom of Information Act 1982
.
10
61NF Disclosure to State/Territory wagering licensing or regulatory
11
bodies
12
(1) The ACMA may authorise the Register operator to disclose
13
protected information to a State/Territory wagering licensing or
14
regulatory body if the ACMA is satisfied that the information will
15
enable or assist the body to perform any of the functions, or
16
exercise any of the powers, of the body.
17
Conditions
18
(2) The ACMA may, by writing, impose conditions to be complied
19
with in relation to protected information disclosed under
20
subsection (1).
21
(3) An instrument made under subsection (2) that imposes conditions
22
relating to one particular disclosure identified in the instrument is
23
not a legislative instrument.
24
(4) Otherwise, an instrument made under subsection (2) is a legislative
25
instrument.
26
61NG Disclosure to Ministers
27
(1) An ACMA official may disclose protected information to the
28
Minister.
29
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(2) An ACMA official may disclose to a Minister protected
1
information that relates to a matter arising under a provision of an
2
Act that is administered by that Minister.
3
(3) Subsection (2) does not limit subsection (1).
4
61NH Disclosure to public servants for advising their Ministers etc.
5
(1) For the purpose of advising the Minister, an ACMA official may
6
disclose protected information to:
7
(a) the Secretary of the Department; or
8
(b) an APS employee in the Department who is authorised, in
9
writing, by the Secretary of the Department for the purposes
10
of this subsection.
11
(2) For the purpose of advising a Minister administering a particular
12
provision of an Act, an ACMA official may disclose protected
13
information relating to a matter arising under that provision to:
14
(a) the Secretary of the Department that is administered by that
15
Minister; or
16
(b) an APS employee in that Department who is authorised, in
17
writing, by the Secretary of that Department for the purposes
18
of this subsection.
19
(3) If information is disclosed to the Secretary of the Department
20
under subsection (1) for the purpose of advising the Minister, the
21
Secretary may, for that purpose, disclose the information to:
22
(a) the Minister; or
23
(b) an APS employee in the Department who is authorised, in
24
writing, by the Secretary of the Department for the purposes
25
of this subsection.
26
(4) If information is disclosed to an APS employee in the Department
27
under subsection (1) for the purpose of advising the Minister, the
28
APS employee may, for that purpose, disclose the information to:
29
(a) the Minister; or
30
(b) the Secretary of the Department; or
31
(c) another APS employee in the Department who is authorised,
32
in writing, by the Secretary of the Department for the
33
purposes of this subsection.
34
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(5) If information is disclosed to the Secretary of a Department under
1
subsection (2) for the purpose of advising the Minister who
2
administers that Department, the Secretary may, for that purpose,
3
disclose the information to:
4
(a) that Minister; or
5
(b) an APS employee in that Department who is authorised, in
6
writing, by the Secretary of that Department for the purposes
7
of this subsection.
8
(6) If information is disclosed to an APS employee in a Department
9
under subsection (2) for the purpose of advising the Minister who
10
administers that Department, the APS employee may, for that
11
purpose, disclose the information to:
12
(a) that Minister; or
13
(b) the Secretary of that Department; or
14
(c) another APS employee in that Department who is authorised,
15
in writing, by the Secretary of that Department for the
16
purposes of this subsection.
17
(7) Subsection (2) does not limit subsection (1).
18
Division 8--Collection of cost recovery levy
19
61PA When levy is due and payable
20
Levy is due and payable at the time ascertained in accordance with
21
the Register rules.
22
61PB Late payment penalty
23
(1) If an amount of levy payable by a person remains unpaid after the
24
time when it became due for payment, the person is liable to pay,
25
by way of penalty, an amount calculated at the rate of:
26
(a) 20% per annum; or
27
(b) if the Register rules specify a lower percentage--that lower
28
percentage per annum;
29
on the amount unpaid, calculated from the start of the day after that
30
time occurred until the end of the day before the day when the
31
amount of levy is paid in full.
32
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(2) Penalty payable under subsection (1) is to be known as
late
1
payment penalty
.
2
Remission of late payment penalty
3
(3) The ACMA may remit the whole or a part of an amount of late
4
payment penalty.
5
Review of decisions
6
(4) Applications may be made to the Administrative Appeals Tribunal
7
for review of a decision of the ACMA to refuse to remit the whole
8
or a part of an amount under subsection (3).
9
61PC Recovery of levy and late payment penalty
10
Levy, or late payment penalty:
11
(a) is a debt due to the ACMA on behalf of the Commonwealth;
12
and
13
(b) may be recovered by the ACMA, on behalf of the
14
Commonwealth, in:
15
(i) the Federal Court; or
16
(ii) the Federal Circuit Court; or
17
(iii) a court of a State or Territory that has jurisdiction in
18
relation to the matter.
19
61PD Refund of overpayment of levy or late payment penalty
20
If there is an overpayment of:
21
(a) levy; or
22
(b) late payment penalty;
23
the overpayment is to be refunded by the ACMA on behalf of the
24
Commonwealth.
25
Division 9--Miscellaneous
26
61QA Computerised decision-making
27
(1) The Register operator may arrange for the use, under the Register
28
operator's control, of computer programs for any purposes for
29
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which the Register operator may, or must, under this Part or the
1
Register rules:
2
(a) make a decision; or
3
(b) exercise any power or comply with any obligation; or
4
(c) do anything else related to making a decision or exercising a
5
power or complying with an obligation.
6
(2) For the purposes of this Part and the Register rules, the Register
7
operator is taken to have:
8
(a) made a decision; or
9
(b) exercised a power or complied with an obligation; or
10
(c) done something else related to the making of a decision or
11
the exercise of a power or the compliance with an obligation;
12
that was made, exercised, complied with or done by the operation
13
of a computer program under an arrangement made under
14
subsection (1).
15
(3) The Register operator may substitute a decision for a decision (the
16
initial decision
) made by the operation of a computer program
17
under an arrangement under subsection (1) if the Register operator
18
is satisfied that the initial decision is incorrect.
19
61QB Dealing with complaints
20
(1) The Register rules may prescribe procedures that must be followed
21
by the Register operator in order to deal with complaints about the
22
administration or operation of the National Self-exclusion Register.
23
(2) If:
24
(a) a person has reason to believe that another person has
25
contravened a provision of:
26
(i) this Part; or
27
(ii) the Register rules; and
28
(b) the person makes a complaint to the Register operator about
29
the matter;
30
the Register operator must refer the complaint to the ACMA.
31
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61QC Application of the
Privacy Act 1988
to the Register operator
1
For the purposes of the
Privacy Act 1988
, if the National
2
Self-exclusion Register is kept by the Register operator under a
3
particular contract, each of the following:
4
(a) the keeping of the National Self-exclusion Register by the
5
Register operator;
6
(b) the operation of the National Self-exclusion Register by the
7
Register operator;
8
(c) the performance of a function, or the exercise of a power, by
9
the Register operator under:
10
(i) this Part; or
11
(ii) the Register rules;
12
is taken to be the provision of a service to the ACMA under the
13
contract.
14
61QD Application of the
Freedom of Information Act 1982
to the
15
Register operator
16
(1) For the purposes of the
Freedom of Information Act 1982
, if the
17
National Self-exclusion Register is kept by the Register operator
18
under a particular contract, the contract is taken to be a
19
Commonwealth contract.
20
(2) For the purposes of the
Freedom of Information Act 1982
, if the
21
National Self-exclusion Register is kept by the Register operator
22
under a particular contract, each of the following:
23
(a) the keeping of the National Self-exclusion Register by the
24
Register operator;
25
(b) the operation of the National Self-exclusion Register by the
26
Register operator;
27
(c) the performance of a function, or the exercise of a power, by
28
the Register operator under:
29
(i) this Part; or
30
(ii) the Register rules;
31
is taken to be the provision of a service under the contract in
32
connection with the performance of the functions or the exercise of
33
the powers of the ACMA.
34
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61QE Implied freedom of political communication
1
(1) This Part does not apply to the extent (if any) that it would infringe
2
any constitutional doctrine of implied freedom of political
3
communication.
4
(2) Subsection (1) does not limit the application of section 15A of the
5
Acts Interpretation Act 1901
to this Act.
6
61QF Review of this Part
7
(1) After the end of the 12-month period beginning at the start of the
8
proclaimed start day, the Minister must cause to be conducted a
9
review of the operation of:
10
(a) this Part (other than Divisions 4, 5 and 6); and
11
(b) the remaining provisions of this Act, so far as they relate to
12
this Part (other than Divisions 4, 5 and 6); and
13
(c) the Register rules; and
14
(d) the
National Self-exclusion Register (Cost Recovery Levy)
15
Act 2019
.
16
Public consultation
17
(2) A review under subsection (1) must make provision for public
18
consultation.
19
Report
20
(3) A report of the review must:
21
(a) be given to the Minister within 18 months after the end of the
22
12-month period mentioned in subsection (1); and
23
(b) be published on the Department's website as soon as
24
practicable after the report is given to the Minister.
25
(4) The Minister must cause copies of a report under subsection (3) to
26
be tabled in each House of the Parliament within 15 sitting days of
27
that House after the Minister receives the report.
28
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61QG Evaluation of this Part
1
(1) After the end of the 3-year period beginning at the start of the
2
proclaimed start day, the Minister must cause to be conducted an
3
evaluation of the operation of:
4
(a) this Part; and
5
(b) the remaining provisions of this Act, so far as they relate to
6
this Part; and
7
(c) the Register rules; and
8
(d) the Regulatory Powers Act, so far as that Act relates to this
9
Part; and
10
(e) the
National Self-exclusion Register (Cost Recovery Levy)
11
Act 2019
.
12
Report
13
(2) A report of the evaluation must:
14
(a) be given to the Minister within 12 months after the end of the
15
3-year period mentioned in subsection (1); and
16
(b) be published on the Department's website as soon as
17
practicable after the report is given to the Minister.
18
61QH Register rules
19
(1) The ACMA may, by legislative instrument, make rules (
Register
20
rules
) prescribing matters required or permitted by this Part to be
21
prescribed by the Register rules.
22
(2) The Register rules may make provision for or in relation to a
23
matter by empowering the Register operator to make decisions of
24
an administrative character.
25
(3) Before making Register rules, the ACMA must consult the
26
Minister.
27
10 At the end of section 64A
28
Add:
29
; or (j) subsection 61JD(2); or
30
(k) subsection 61JD(4); or
31
(l) subsection 61JP(5); or
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(m) subsection 61KA(3); or
1
(n) subsection 61LA(2); or
2
(o) subsection 61LA(4); or
3
(p) subsection 61LB(2); or
4
(q) subsection 61LC(2); or
5
(r) subsection 61LD(2); or
6
(s) subsection 61MA(2); or
7
(t) subsection 61MB(5); or
8
(u) subsection 61MC(5); or
9
(v) subsection 61NB(2); or
10
(w) subsection 61NC(9).
11
11 After paragraph 64C(1)(i)
12
Insert:
13
; (j) subsection 61JD(2);
14
(k) subsection 61JD(4);
15
(l) subsection 61JP(5);
16
(m) subsection 61KA(3);
17
(n) subsection 61LA(2);
18
(o) subsection 61LA(4);
19
(p) subsection 61LB(2);
20
(q) subsection 61LC(2);
21
(r) subsection 61LD(2);
22
(s) subsection 61MA(2);
23
(t) subsection 61MB(5);
24
(u) subsection 61MC(5);
25
(v) subsection 61NB(2);
26
(w) subsection 61NC(9).
27
12 After paragraph 64D(1)(i)
28
Insert:
29
; (j) subsection 61JD(2);
30
(k) subsection 61JD(4);
31
(l) subsection 61JP(5);
32
(m) subsection 61KA(3);
33
Schedule 1
National Self-exclusion Register
64
Interactive Gambling Amendment (National Self-Exclusion Register)
Bill 2019
No. , 2019
(n) subsection 61LA(2);
1
(o) subsection 61LA(4);
2
(p) subsection 61LB(2);
3
(q) subsection 61LC(2);
4
(r) subsection 61LD(2);
5
(s) subsection 61MA(2);
6
(t) subsection 61MB(5);
7
(u) subsection 61MC(5);
8
(v) subsection 61NB(2);
9
(w) subsection 61NC(9).
10
Privacy Act 1988
11
13 Before paragraph 7.8(a) of Schedule 1
12
Insert:
13
(aa) Division 5 of Part 7B of the
Interactive Gambling Act 2001
;
14