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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Interactive Gambling and Broadcasting
Amendment (Online Transactions and
Other Measures) Bill 2011
No. , 2011
(Senator Xenophon)
A Bill for an Act about online financial transactions
connected with interactive gambling services, and
other gambling matters including sports betting
i Interactive Gambling and Broadcasting Amendment (Online Transactions and Other
Measures) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3
Prohibitions on corporations offering gambling services .................. 2
4 Regulations
........................................................................................
2
5 Schedule(s)
........................................................................................
2
Schedule 1--Amendments relating to online transactions
3
Interactive Gambling Act 2001
3
Schedule 2--Amendments relating to inducements to gamble
5
Interactive Gambling Act 2001
5
Schedule 3--Amendments relating to broadcasting about
gambling
7
Broadcasting Services Act 1992
7
Schedule 4--Amendments about obtaining a financial
advantage by deception, in relation to a code of
sport
11
Criminal Code Act 1995
11
Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures)
Bill 2011 No. , 2011 1
A Bill for an Act about online financial transactions
1
connected with interactive gambling services, and
2
other gambling matters including sports betting
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Interactive Gambling and
6
Broadcasting Amendment (Online Transactions and Other
7
Measures) Act 2011.
8
2 Commencement
9
This Act commences on the 28th day after the day this Act receives
10
the Royal Assent.
11
2 Interactive Gambling and Broadcasting Amendment (Online Transactions and Other
Measures) Bill 2011 No. , 2011
3 Prohibitions on corporations offering gambling services
1
(1) A corporation that offers a gambling service must not offer the
2
following types of gambling:
3
(a) spot betting, exotic betting, in-play betting or any similar
4
form of betting; and
5
(b) betting on losing outcomes.
6
Penalty: 10,000 penalty units.
7
(2) In this section:
8
betting on losing outcomes has the meaning prescribed by the
9
regulations.
10
exotic betting has the meaning prescribed by the regulations.
11
gambling service has the meaning prescribed by the regulations.
12
in-play betting has the meaning prescribed by the regulations.
13
spot betting has the meaning prescribed by the regulations.
14
4 Regulations
15
The Governor-General may make regulations prescribing matters:
16
(a) required or permitted to be prescribed by this Act; or
17
(b) necessary or convenient to be prescribed for carrying out or
18
giving effect to this Act.
19
5 Schedule(s)
20
Each Act that is specified in a Schedule to this Act is amended or
21
repealed as set out in the applicable items in the Schedule
22
concerned, and any other item in a Schedule to this Act has effect
23
according to its terms.
24
25
Amendments relating to online transactions Schedule 1
Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures)
Bill 2011 No. , 2011 3
Schedule 1--Amendments relating to online
1
transactions
2
3
Interactive Gambling Act 2001
4
1 Section 4 (after the definition of Federal Court)
5
Insert:
6
financial transaction provider means an entity that facilitates
7
regulated transactions.
8
2 Section 4 (after the definition of industry standard)
9
Insert:
10
interactive gambling payment means a payment made by way of a
11
regulated transaction as consideration for the provision of an
12
interactive gambling service.
13
3 Section 4 (after the definition of prohibited internet
14
gambling service)
15
Insert:
16
regulated payment system means a system that is:
17
(a) provided using a telecommunications service (including an
18
internet carriage service); and
19
(b) capable of giving effect to financial transactions; and
20
(c) of a kind prescribed for the purposes of this definition.
21
4 Section 4 (after the definition of prohibited internet
22
gambling service)
23
Insert:
24
regulated transaction means a financial transaction effected using
25
a regulated payment system, and includes but is not limited to:
26
(a) extending credit, or the proceeds of credit, to or on behalf of
27
a person, including through the use of a credit card;
28
(b) an electronic fund transfer from or on behalf of a person;
29
Schedule 1 Amendments relating to online transactions
4 Interactive Gambling and Broadcasting Amendment (Online Transactions and Other
Measures) Bill 2011 No. , 2011
(c) a transaction of a kind prescribed by the regulations for the
1
purposes of this definition.
2
5 After Part 2A
3
Insert:
4
Part 2B--Financial transactions for interactive
5
gambling payments
6
15B A customer may request that a payment be suspended or
7
cancelled
8
(1) This section applies to:
9
(a) a regulated transaction that has commenced but has not been
10
completed; or
11
(b) a series of 2 or more connected financial transactions,
12
including at least one regulated transaction, that has
13
commenced but has not been completed.
14
(2) If an interactive gambling payment is being made by way of the
15
transaction or transactions, the customer who initiated the payment
16
(or on whose behalf the payment was initiated, as the case may be)
17
may request a financial transaction provider giving effect to the
18
transaction to suspend or cancel the transaction.
19
15C Financial transaction provider not liable for suspended or
20
cancelled payments
21
If a financial transaction provider suspends or cancels a transaction
22
in accordance with a request under section 15G,the provider is not
23
liable in any proceedings about the suspension or cancellation
24
taken by or on behalf of an interactive gambling provider.
25
26
Amendments relating to inducements to gamble Schedule 2
Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures)
Bill 2011 No. , 2011 5
Schedule 2--Amendments relating to
1
inducements to gamble
2
3
Interactive Gambling Act 2001
4
1 Section 4 (after paragraph (e) of the definition of gambling
5
service)
6
Insert:
7
(ea) a service for the conduct of a game that is an inducement to
8
gamble; or
9
2 Section 4 (after the definition of game)
10
Insert:
11
inducement to gamble has the meaning given by section 7.
12
3 After section 6
13
Insert:
14
7 Inducement to gamble
15
(1) A game is an inducement to gamble if:
16
(a) the game is a game of chance or a game of mixed chance and
17
skill; and
18
(b) the service for the conduct of the game is provided to the
19
customer with the intention of inducing the customer to use a
20
gambling service.
21
(2) To avoid doubt, a game may be an inducement to gamble
22
regardless of whether:
23
(a) the game is played for money or anything else of value; or
24
(b) a customer of the service gives or agrees to give
25
consideration to play or enter the game.
26
(3) For the purposes of subsection (1), a service for the conduct of a
27
game is taken to be provided with the intention of inducing a
28
customer to use a gambling service if:
29
Schedule 2 Amendments relating to inducements to gamble
6 Interactive Gambling and Broadcasting Amendment (Online Transactions and Other
Measures) Bill 2011 No. , 2011
(a) the service for the conduct of the game is provided by a
1
person who also provides a gambling service; or
2
(b) any element of the game invites or encourages the customer
3
to use a gambling service; or
4
(c) any element or feature of the service for the conduct of the
5
game encourages or invites the customer to use a gambling
6
service; or
7
(d) any element or feature of the service for the conduct of the
8
game provides direct or indirect links to a gambling service.
9
10
Amendments relating to broadcasting about gambling Schedule 3
Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures)
Bill 2011 No. , 2011 7
Schedule 3--Amendments relating to
1
broadcasting about gambling
2
3
Broadcasting Services Act 1992
4
1 After section 43
5
Insert:
6
43AAA Advertising in relation to gambling--commercial television
7
broadcasting licences
8
(1) The ACMA must ensure that, at all times after the commencement
9
of this section, there is in force under section 43:
10
(a) a condition that has the effect of requiring the licensee of a
11
commercial television broadcasting licence not to broadcast,
12
during all G classified programs and all sports programs and
13
sports related programs, any advertising of betting venues
14
and online gambling sites; and
15
(b) a condition that has the effect of requiring the licensee of a
16
commercial television broadcasting licence not to broadcast
17
betting odds in relation to a matter if there is a commercial
18
arrangement between the licensee or an agent of the licensee
19
and the betting agency providing the betting odds.
20
(2) In this section:
21
agent of the licensee has the meaning prescribed by the
22
regulations.
23
betting agency has the meaning prescribed by the regulations.
24
betting odds has the meaning prescribed by the regulations.
25
betting venue has the meaning prescribed by the regulations.
26
commercial arrangement has the meaning prescribed by the
27
regulations.
28
G classified program has the meaning prescribed by the
29
regulations.
30
Schedule 3 Amendments relating to broadcasting about gambling
8 Interactive Gambling and Broadcasting Amendment (Online Transactions and Other
Measures) Bill 2011 No. , 2011
online gambling site has the meaning prescribed by the
1
regulations.
2
sports program has the meaning prescribed by the regulations.
3
sports related program has the meaning prescribed by the
4
regulations.
5
2 After section 43AD
6
Insert:
7
43AAA Advertising in relation to gambling--commercial radio
8
broadcasting licences
9
(1) The ACMA must ensure that, at all times after the commencement
10
of this section, there is in force under section 43:
11
(a) a condition that has the effect of requiring the licensee of a
12
commercial radio broadcasting licence not to broadcast,
13
during all sports programs and sports related programs and
14
during such periods as are specified in the condition, any
15
advertising of betting venues and online gambling sites; and
16
(b) a condition that has the effect of requiring the licensee of a
17
commercial radio broadcasting licence not to broadcast
18
betting odds in relation to a matter if there is a commercial
19
arrangement between the licensee or an agent of the licensee
20
and the betting agency providing the betting odds.
21
(2) In this section:
22
agent of the licensee has the meaning prescribed by the
23
regulations.
24
betting agency has the meaning prescribed by the regulations.
25
betting odds has the meaning prescribed by the regulations.
26
betting venue has the meaning prescribed by the regulations.
27
commercial arrangement has the meaning prescribed by the
28
regulations.
29
online gambling site has the meaning prescribed by the
30
regulations.
31
Amendments relating to broadcasting about gambling Schedule 3
Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures)
Bill 2011 No. , 2011 9
sports program has the meaning prescribed by the regulations.
1
sports related program has the meaning prescribed by the
2
regulations.
3
3 At the end of section 100
4
Add:
5
(7) The ACMA must impose on all subscription television
6
broadcasting licences:
7
(a) a condition that has the effect of requiring the licensee of the
8
subscription television broadcasting licence not to broadcast,
9
during all G classified programs and all sports programs and
10
sports related programs, any advertising of betting venues
11
and online gambling sites; and
12
(b) a condition that has the effect of requiring the licensee of the
13
subscription television broadcasting licence not to broadcast
14
betting odds in relation to a matter if there is a commercial
15
arrangement between the licensee or an agent of the licensee
16
and the betting agency providing the betting odds.
17
(8) In subsection (7):
18
agent of the licensee has the meaning prescribed by the
19
regulations.
20
betting agency has the meaning prescribed by the regulations.
21
betting odds has the meaning prescribed by the regulations.
22
betting venue has the meaning prescribed by the regulations.
23
commercial arrangement has the meaning prescribed by the
24
regulations.
25
G classified program has the meaning prescribed by the
26
regulations.
27
online gambling site has the meaning prescribed by the
28
regulations.
29
sports program has the meaning prescribed by the regulations.
30
Schedule 3 Amendments relating to broadcasting about gambling
10 Interactive Gambling and Broadcasting Amendment (Online Transactions and Other
Measures) Bill 2011 No. , 2011
sports related program has the meaning prescribed by the
1
regulations.
2
3
Amendments about obtaining a financial advantage by deception, in relation to a code
of sport Schedule 4
Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures)
Bill 2011 No. , 2011 11
Schedule 4--Amendments about obtaining a
1
financial advantage by deception, in
2
relation to a code of sport
3
4
Criminal Code Act 1995
5
1 After Division 135
6
Insert:
7
Division 135A-- Obtaining a financial advantage by
8
deception, in relation to a code of sport
9
135A.1 Definitions
10
In this Division:
11
code of sport has the meaning prescribed by the regulations.
12
constitutional corporation means a corporation to which
13
paragraph 51(xx) of the Constitution applies.
14
deception, in addition to the definition in section 133.1, includes:
15
(a) conduct by a person that contrives the outcome of a sporting
16
match or the occurrence of a micro-event during a sporting
17
match;
18
(b) deliberate underperformance by a player during a sporting
19
match that achieves a particular result in the sporting match;
20
(c) contriving the withdrawal of a player during a sporting match
21
to achieve a particular result in the sporting match;
22
(d) use by a person of confidential information in relation to a
23
code of sport, to which the person has access because of the
24
person's association with the code of sport, before that
25
information is publicly available;
26
(e) making a deliberately incorrect refereeing or like decision
27
during a sporting match to influence the outcome of the
28
sporting match;
29
Schedule 4 Amendments about obtaining a financial advantage by deception, in
relation to a code of sport
12 Interactive Gambling and Broadcasting Amendment (Online Transactions and Other
Measures) Bill 2011 No. , 2011
(f) deliberate interference before a sporting match with the
1
equipment or playing surface to be used during the sporting
2
match;
3
(g) offering a bribe or making a threat, or engaging in any other
4
coercive behaviour, against a person to achieve a particular
5
result in a sporting match;
6
(h) any other conduct prescribed by the regulations.
7
micro-event has the meaning prescribed by the regulations.
8
sporting match has the meaning prescribed by the regulations.
9
135A.2 Constitutional basis for Division
10
This Division relies on:
11
(a) the Commonwealth's legislative powers under paragraphs
12
51(i), (v) and (xx), and section 122, of the Constitution; and
13
(b) any implied legislative powers of the Commonwealth.
14
135A.3 Obtaining a financial advantage in relation to a code of sport
15
by deception
16
A person is guilty of an offence if:
17
(a) the person, by a deception, dishonestly obtains a financial
18
advantage from another person; and
19
(b) the other person is a constitutional corporation; or
20
(c) the deception affects the activities of a constitutional
21
corporation; or
22
(d) the deception takes place in the course of trade or commerce:
23
(i) with other countries; or
24
(ii) among the States; or
25
(iii) between a State and a Territory; or
26
(e) the financial advantage is obtained in the course of trade or
27
commerce:
28
(i) with other countries; or
29
(ii) among the States; or
30
(iii) between a State and a Territory; or
31
(f) the deception takes place in a Territory; or
32
(g) the financial advantage is obtained in a Territory.
33
Amendments about obtaining a financial advantage by deception, in relation to a code
of sport Schedule 4
Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures)
Bill 2011 No. , 2011 13
Penalty: Imprisonment for 10 years or 10,000 penalty units, or
1
both.
2
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