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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Interactive Gambling Amendment
(Credit and Other Measures) Bill 2023
No. , 2023
(Infrastructure, Transport, Regional Development, Communications and the Arts)
A Bill for an Act to amend the
Interactive Gambling
Act 2001
, and for related purposes
No. , 2023
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
4
Review of the operation of Part 1 of Schedule 1 ............................... 2
Schedule 1
--
Amendments
4
Part 1
--
Prohibiting the use of credit
4
Interactive Gambling Act 2001
4
Part 2
--
Enforcement
9
Interactive Gambling Act 2001
9
No. , 2023
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
1
A Bill for an Act to amend the
Interactive Gambling
1
Act 2001
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Interactive Gambling Amendment (Credit and
5
Other Measures) Act 2023
.
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 (Credit and Other Measures) Bill
2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
3. Schedule 1,
Part 2
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
4 Review of the operation of Part 1 of Schedule 1
12
(1) The Minister must cause a review to be conducted of the operation
13
of the amendments made by Part 1 of Schedule 1 to this Act.
14
(2) The review must:
15
(a) make provision for public consultation; and
16
(b) start as soon as practicable after the end of the 2-year period
17
beginning on the day Part 1 of Schedule 1 commenced; and
18
(c) be completed within 6 months.
19
No. , 2023
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
3
(3) The person who conducts the review must give the Minister a
1
written report of the review.
2
(4) The Minister must cause a copy of the report to be tabled in each
3
House of the Parliament within 15 sitting days of that House after
4
the report is given to the Minister.
5
Schedule 1
Amendments
Part 1
Prohibiting the use of credit
4
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
No. , 2023
Schedule
1--Amendments
1
Part
1--Prohibiting the use of credit
2
Interactive Gambling Act 2001
3
1 Section 3 (after paragraph (ca) of the paragraph beginning
4
"This Act"
)
5
Insert:
6
(cb) certain interactive wagering services must not accept or offer
7
to accept payment using specified methods, including credit
8
cards and digital currency;
9
2 Section 4
10
Insert:
11
digital currency
has the same meaning as in the
A New Tax System
12
(Goods and Services Tax) Act 1999
.
13
3 Section 11A
14
Omit ", under a contract, arrangement or understanding".
15
4 Part 2B (heading)
16
Repeal the heading, substitute:
17
Part
2B--Prohibitions relating to credit and digital
18
currency for certain interactive wagering
19
services
20
5 Section 15B
21
Repeal the section, substitute:
22
Credit must not be provided to customers of certain interactive
23
wagering services.
24
Amendments
Schedule 1
Prohibiting the use of credit
Part 1
No. , 2023
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
5
Such services must also not accept or offer to accept payment
1
using specified methods, including credit cards and digital
2
currency.
3
6 Section 15C (heading)
4
Repeal the heading, substitute:
5
15C Prohibitions relating to credit and digital currency for certain
6
interactive wagering services
7
7 Before subsection 15C(1)
8
Insert:
9
Offences
10
8 Subparagraph 15C(1)(b)(ii)
11
Omit "(other than by way of an
independently-
issued credit card)".
12
9 After subsection 15C(1)
13
Insert:
14
(1A) A person commits an offence if the person:
15
(a) intentionally provides a regulated interactive gambling
16
service that is a wagering service; and
17
(b) accepts, or offers to accept, payment in connection with the
18
service using a method mentioned in subsection (4A) from a
19
customer, or prospective customer, of the service who is
20
physically present in Australia.
21
Penalty: 500 penalty units.
22
10 Subsection 15C(2)
23
After "
subsection (
1)", insert "or (1A)".
24
11 Before subsection 15C(3)
25
Insert:
26
Schedule 1
Amendments
Part 1
Prohibiting the use of credit
6
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
No. , 2023
Civil penalty provisions
1
12 Paragraph 15C(3)(b)
2
O
mit "(other than by way of an independently
-
issued credit card)".
3
13 After subsection 15C(3)
4
Insert:
5
(3A) A person contravenes this subsection if the person:
6
(a) provides a regulated interactive gambling service that is a
7
wagering service; and
8
(b) accepts, or offers to accept, payment in connection with the
9
service using a method mentioned in subsection (4A) from a
10
customer, or prospective customer, of the service who is
11
physically present in Australia.
12
Civil penalty:
750 penalty units.
13
14 Subsection 15C(4)
14
After "
subsection (
3)", insert "or (3A)".
15
15 After subsection 15C(4)
16
Insert:
17
Methods of payment
18
(4A) For the purposes of paragraphs (1A)(b) and (3A)(b), the methods
19
of payment are as follows:
20
(a) a credit card;
21
(b) an account, service or facility in which payment is made
22
from a credit card linked to the account, service or facility;
23
(c) digital currency;
24
(d) a method of a kind determined by the Minister by legislative
25
instrument for the purposes of this paragraph.
26
16 Before subsection 15C(5)
27
Insert:
28
Amendments
Schedule 1
Prohibiting the use of credit
Part 1
No. , 2023
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
7
Exceptions
1
17 Subsection 15C(5)
2
Omit "and (3)", substitute ", (1A), (3) and (3A)".
3
18 After subsection 15C(5)
4
Insert:
5
(5A) Subsections (1A) and (3A) do not apply if the person:
6
(a) did not know; and
7
(b) could not, with reasonable diligence, have ascertained;
8
that the person was accepting, or offering to accept, payment using
9
a method mentioned in subsection (4A).
10
Note:
A person who wishes to rely on this subsection bears an evidential
11
burden in relation to the matter in this subsection (see
12
subsection 13.3(3) of the
Criminal Code
and section 96 of the
13
Regulatory Powers Act).
14
19 Paragraph 15C(6)(a)
15
After "credit to", insert ", or payment by the
methods mentioned in
16
subsection (
4A) from,".
17
20 Subsection 15C(7)
18
Repeal the subsection.
19
21 Before subsection 15C(8)
20
Insert:
21
Extended geographical jurisdiction of offences
22
22 At the end of subsection 15C(8)
23
Add "or (1A)".
24
23 Subsection 15E(1)
25
Omit "and
(3)", substitute ", (1A), (3) and (3A)".
26
24 Subsection 15F(1)
27
Omit "(1)".
28
Schedule 1
Amendments
Part 1
Prohibiting the use of credit
8
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
No. , 2023
25 Subsection 15F(2)
1
Repeal the subsection.
2
26 Section 15G
3
Repeal the section.
4
27 After paragraph 64A(ca)
5
Insert:
6
(cb) subsection 15C(3A); or
7
28 After paragraph 64C(1)(ca)
8
Insert:
9
(cb) subsection 15C(3A);
10
29 After paragraph 64D(1)(ca)
11
Insert:
12
(cb) subsection 15C(3A);
13
Amendments
Schedule 1
Enforcement
Part 2
No. , 2023
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
9
Part
2--Enforcement
1
Interactive Gambling Act 2001
2
30 Subsection 15(3) (note)
3
Repeal the note, substitute:
4
Note:
A person who wishes to rely on this subsection bears an evidential
5
burden in relation to the matter in this subsection (see
6
subsection 13.3(3) of the
Criminal Code
and section 96 of the
7
Regulatory Powers Act).
8
31 Subsection 15AA(5) (note)
9
Repeal the note, substitute:
10
Note:
A person who wishes to rely on this subsection bears an evidential
11
burden in relation to the matter in this subsection (see
12
subsection 13.3(3) of the
Criminal Code
and section 96 of the
13
Regulatory Powers Act).
14
32 Subsection 15A(3) (note)
15
Repeal the note, substitute:
16
Note:
A person who wishes to rely on this subsection bears an evidential
17
burden in relation to the matter in this subsection (see
18
subsection 13.3(3) of the
Criminal Code
and section 96 of the
19
Regulatory Powers Act).
20
33 Subsection 15C(5) (note)
21
Repeal the note, substitute:
22
Note:
A person who wishes to rely on this subsection bears an evidential
23
burden in relation to the matter in this subsection (see
24
subsection 13.3(3) of the
Criminal Code
and section 96 of the
25
Regulatory Powers Act).
26
34 Subsection 15D(1) (note)
27
Repeal the note, substitute:
28
Note:
A person who wishes to rely on this subsection bears an evidential
29
burden in relation to the matter in this subsection (see
30
subsection 13.3(3) of the
Criminal Code
and section 96 of the
31
Regulatory Powers Act).
32
Schedule 1
Amendments
Part 2
Enforcement
10
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
No. , 2023
35 Subsection 15E(1) (note)
1
Repeal the note, substitute:
2
Note:
A person who wishes to rely on this subsection bears an evidential
3
burden in relation to the matter in this subsection (see
4
subsection 13.3(3) of the
Criminal Code
and section 96 of the
5
Regulatory Powers Act).
6
36 After section 64D
7
Insert:
8
64E Civil penalty provisions
--
enforceable undertakings
9
Enforceable undertakings
10
(1) Each civil penalty provision of this Act is enforceable under Part 6
11
of the Regulatory Powers Act.
12
Note:
Part 6 of the Regulatory Powers Act creates a framework for
13
accepting and enforcing undertakings relating to compliance with
14
provisions.
15
Authorised person
16
(2) For the purposes of Part 6 of the Regulatory Powers Act, the
17
ACMA is an authorised person in relation to the civil penalty
18
provisions of this Act.
19
Relevant court
20
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of
21
the following courts is a relevant court in relation to the civil
22
penalty provisions of this Act:
23
(a) the Federal Court;
24
(b) the Federal Circuit and Family Court of Australia
25
(Division 2).
26
Enforceable undertaking may be published on the ACMA's website
27
(4) The ACMA may publish an undertaking given in relation to a civil
28
penalty provision of this Act
on the ACMA's website.
29
Amendments
Schedule 1
Enforcement
Part 2
No. , 2023
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
11
Extension to external Territories etc.
1
(5) Part 6 of the Regulatory Powers Act, as it applies in relation to the
2
civil penalty provisions of this Act, extends to:
3
(a) every external Territory; and
4
(b) acts, omissions, matters and things outside Australia.
5
64F Civil penalty provisions
--
remedial directions
6
(1) This section applies if the ACMA reasonably believes that a person
7
has contravened, or is contravening, a civil penalty provision of
8
this Act (other than subsection (4) of this section).
9
(2) The ACMA may give the person a written direction requiring the
10
person to take specified action directed towards ensuring that the
11
provider does not contravene the provision, or is unlikely to
12
contravene the provision, in the future.
13
(3) A person commits an offence if:
14
(a) the person is subject to a direction under subsection (2); and
15
(b) the person engages in conduct; and
16
(c)
the person's conduct contravenes the direction.
17
Penalty: 50 penalty units.
18
(4) A person must not contravene a direction to which the person is
19
subject under subsection (2).
20
Civil penalty for contravention of this subsection: 75 penalty
21
units.
22
64G Continuing contraventions
23
Offence
24
(1) A person who contravenes subsection 64F(3) commits a separate
25
offence in respect of each day (including a day of conviction for
26
the offence or any later day) during which the contravention
27
continues.
28
(2) If an offence against subsection 64F(3) is a continuing offence, the
29
maximum penalty for each day that the offence continues is 10%
30
Schedule 1
Amendments
Part 2
Enforcement
12
Interactive Gambling Amendment (Credit and Other Measures) Bill
2023
No. , 2023
of the maximum penalty that could be imposed in respect of the
1
principal offence.
2
Civil penalty provision
3
(3) A person who contravenes subsection 64F(4) engages in a separate
4
contravention of that subsection in respect of each day during
5
which the contravention occurs (including the day the relevant civil
6
penalty order is made or any later day).
7
(4) If a contravention of subsection 64F(4) is a continuing
8
contravention, the maximum civil penalty for each day that the
9
contravention continues is 10% of the maximum civil penalty that
10
could be imposed in respect of the principal contravention.
11