Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2001
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
INTERACTIVE GAMBLING AMENDMENT BILL 2001
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for
Communications, Information Technology and the Arts,
Senator the Honourable
Richard Alston)
INTERACTIVE GAMBLING AMENDMENT BILL
2001
OUTLINE
The Interactive Gambling Act 2001 (the Act) provides for restrictions and complaints in relation to interactive gambling services. The framework in the Act has three main elements. Firstly it creates the offences of providing an interactive gambling service to customers in Australia and providing an Australian-based interactive gambling service to customers in designated countries (“designated countries” are declared by the Minister under section 9A of the Act). Secondly the Act establishes a complaints scheme which enables Australians to make complaints about interactive gambling services on the Internet which are available to Australians. Thirdly the Act prohibits the advertising of interactive gambling services in Australia. The advertising prohibition is set out in Part 7A of the Act.
The Bill amends the Act by inserting into Part 7A of the Act a
regulation-making power relating to the prohibition on the advertising of
interactive gambling services. The proposed regulation-making power provides
that advertisements of a kind specified in the regulations are exempt from the
definition of “interactive gambling service advertisement” in the
Act.
The amendment is intended to allow regulations to be made to address
unintentional effects of the advertising prohibition on licensed land-based
casino operators. For example, an Australian-licensed land-based casino might
develop and provide an interactive gambling service wholly to customers outside
Australia who are not in designated countries. Such a service would not be in
contravention of the main offence provisions of the Act. However, if the
land-based casino gives a name to its online service that is similar to the name
for its land-based licensed service, there is a risk that over time
advertisements for the land-based service will be “closely
associated”, for the purposes of paragraph 61BA(1)(e) of the Act, with the
interactive gambling service that it provides legally outside Australia.
Paragraph 61BA(1)(e) of the Act provides that an “interactive
gambling service advertisement” is any writing, sign, etc, that gives
publicity to or otherwise promotes or is intended to promote any words that are
closely associated with an interactive gambling service (whether also closely
associated with other kinds of services or products). The advertising
prohibition set out in Part 7A of the Act is not intended to prevent licensed
land-based casinos in Australia from advertising their licensed gambling
services in Australia if they choose to provide interactive gambling services
under a similar or the same brand name to customers outside Australia. By
inserting into the Act a regulation-making power that provides that
advertisements of a kind specified in the regulations are exempt from the
definition of “interactive gambling service advertisement”,
regulations can be made to address this unintended consequence of the
advertising prohibition.
FINANCIAL IMPACT STATEMENT
The Bill is not expected to have any financial impact on Commonwealth expenditure or revenue.
NOTES ON CLAUSES
Clause 1 – Short title
Clause 1 provides that the
Bill, when enacted, may be cited as the Interactive Gambling Amendment Act
2001.
Clause 2 – Commencement
Clause 2 provides
that the Bill, when enacted, will commence on Royal Assent.
Clause 3
– Schedule(s)
Clause 3 provides that each Act that is specified
in the Schedule to this Bill is amended or repealed as set out in the applicable
items in the Schedule concerned, and any other item in a Schedule to this Bill
has effect according to its terms.
Item 1: Subsection 61BA(2)
Item 1 amends subsection
61BA(2) of the Interactive Gambling Act 2001 (the Act) by omitting
“and 61BG” and substituting “, 61BG and 61BGA”. This
ensures that section 61BA, which provides for the basic meaning of
“interactive gambling service advertisement”, has effect subject to
new section 61BGA.
Item 2: New section 61BGA
Item 2
inserts new section 61BGA after section 61BG. New section 61BGA provides that
regulations may provide that an advertisement of a kind specified in the
regulations is not an interactive gambling service advertisement for the
purposes of Part 7A of the Act.