Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, a prohibited internet gambling service is a gambling service, where:
(a) the service is provided in the course of carrying on a business; and
(b) the service is provided to customers using an internet carriage service; and
(c) an individual who is physically present in Australia is capable of becoming a customer of the service.
Note: This definition relates to the complaints system.
(1A) For the purposes of paragraph (1)(c), in determining whether an individual who is physically present in Australia is capable of becoming a customer of a service, it is to be assumed that the individual will not falsify or conceal the individual's identity or location.
(2) Subsection (1) has effect subject to subsection (3).
Excluded services
(3) For the purposes of this Act, none of the following services is a prohibited internet gambling service :
(aa) an excluded wagering service (see section 8A);
(ab) an excluded gaming service (see section 8B);
(ac) a service that has a designated broadcasting link (see section 8C);
(ad) a service that has a designated datacasting link (see section 8C);
(ae) an excluded lottery service (see section 8D);
(a) a service to the extent to which it relates to the entering into of contracts that are financial products within the meaning of Chapter 7 of the Corporations Act 2001 ;
(b) an exempt service (see section 10).