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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Interactive Gambling Amendment
(Sports Betting Reform) Bill 2015
No. , 2015
(Senator Xenophon)
A Bill for an Act to amend the Interactive Gambling
Act 2001, and for related purposes
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Interactive Gambling Act 2001
3
Privacy Act 1988
34
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
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 may be cited as the Interactive Gambling Amendment
5
(Sports Betting Reform) Act 2015.
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 (Sports Betting Reform) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after the end of the period of 3
months beginning on the day 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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
3
Schedule 1--Amendments
1
2
Interactive Gambling Act 2001
3
1 At the end of section 3
4
Add:
5
•
This Act also regulates the conduct of restricted wagering
6
services by imposing restrictions on these sports betting
7
services in relation to various practices such as offering
8
micro-betting, credit or inducements.
9
•
The Interactive Gambling Regulator has a variety of functions
10
in relation to enforcing compliance of this conduct, as well as
11
providing advice and information.
12
•
A person may also regulate their own interactions with
13
restricted wagering services by applying to be included on the
14
National Self-exclusion Register which is kept under this Act.
15
Restricted wagering services must check the Register, which
16
is kept and administered by the Regulator, before creating
17
accounts for individuals to place bets using their services.
18
2 Section 4
19
Insert:
20
betting limit, in relation to a period, means the total maximum
21
amount nominated by an individual that he or she may bet using a
22
restricted wagering service during the period.
23
category A document, in relation to an individual, means any of
24
the following:
25
(a) a licence or permit issued in the name of the individual;
26
(b) a passport issued in the name of the individual;
27
(c) a birth certificate in the name of the individual;
28
(d) any other document in relation to the individual that is
29
recognised as proof of identity under a law of the
30
Commonwealth, a State or a Territory.
31
Schedule 1 Amendments
4
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
category B document, in relation to an individual, means any of
1
the following:
2
(a) a credit card, debit card or other automatic teller machine
3
card that has the name and signature of the individual;
4
(b) a Medicare card issued in the name of the individual;
5
(c) a passbook issued in the name of the individual by an ADI
6
(within the meaning of the Banking Act 1959);
7
(d) a statement of account issued for a utilities or rates account
8
that:
9
(i) was issued in the previous 12 months; and
10
(ii) includes the name and address given by the individual.
11
civil penalty provision has the same meaning as in the Regulatory
12
Powers Act.
13
credit has the meaning given by section 11A.
14
G classified, in relation to a television program, means classified G
15
in accordance with whichever of the following industry codes of
16
practice included in the register under section 123 of the
17
Broadcasting Services Act 1992 is relevant:
18
(a) the Commercial Television Industry Code of Practice;
19
(b) the Subscription Broadcast Television Codes of Practice;
20
(c) the Subscription Narrowcast Television Codes of Practice.
21
micro betting means betting that relates to a horse race, a harness
22
race, a greyhound race or a sporting event and either:
23
(a) the bet is:
24
(i) on the outcome of the race or event; and
25
(ii) placed, made, received or accepted after the beginning
26
of the race or event; or
27
(b) the bet is on a contingency that may or may not happen in the
28
course of the race or event.
29
personal details, in relation to an individual, means:
30
(a) the individual's name, residential address, telephone number,
31
email address, date of birth and gender; and
32
(b) any other information of a kind prescribed by the regulations
33
for the purposes of this definition that identifies the
34
individual.
35
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
5
personal information has the same meaning as in the Privacy Act
1
1988.
2
protected information means personal details or other personal
3
information to the extent that this information:
4
(a) is obtained under, or in accordance with, this Act; or
5
(b) is derived from a record of information that was made under,
6
or in accordance with, this Act; or
7
(c) is derived from a disclosure or use of information that was
8
made under, or in accordance with, this Act.
9
Register means the National Self-exclusion Register kept under
10
section 61HA.
11
Regulator means the Interactive Gambling Regulator established
12
under section 61JA.
13
Regulatory Powers Act means the Regulatory Powers (Standard
14
Provisions) Act 2014.
15
restricted wagering service means a gambling service that:
16
(a) is provided to customers using any of the following:
17
(i) an internet carriage service;
18
(ii) any other listed carriage service;
19
(iii) a broadcasting service;
20
(iv) any other content service;
21
(v) a datacasting service; and
22
(b) relates to the placing, making, receiving or acceptance of bets
23
on, or on a series of, any or all of the following:
24
(i) a horse race;
25
(ii) a harness race;
26
(iii) a greyhound race;
27
(iv) a sporting event.
28
verified has the meaning given by section 11B.
29
3 After section 11
30
Insert:
31
Schedule 1 Amendments
6
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
11A Meaning of credit
1
For the purposes of this Act, credit is provided by a restricted
2
wagering service if under a contract or other arrangement:
3
(a) payment of a debt owed by one person to another is deferred;
4
or
5
(b) one person incurs a deferred debt to another.
6
11B Meaning of verified
7
For the purposes of this Act, an individual's identity is verified for
8
the purposes of creating an account, or otherwise facilitating the
9
placing of bets, with a restricted wagering service, if:
10
(a) the service is given the originals or certified copies of either:
11
(i) 2 category A documents, each of a different kind,
12
identifying the individual; or
13
(ii) one category A document and 2 category B documents,
14
each of a different kind, identifying the individual; and
15
(b) the personal details contained in those documents correspond
16
to the personal details provided by the individual for the
17
purposes of creating the account, or otherwise facilitating the
18
placing of bets.
19
4 After Part 1
20
Insert:
21
Part 1A--Offence of failing to train gambling
22
service employees
23
24
14A Offence of failing to train gambling service employees
25
(1) If:
26
(a) a person provides a gambling service; and
27
(b) either:
28
(i) the person is a corporation to which paragraph 51(xx) of
29
the Constitution applies; or
30
(ii) the service is provided to customers using an internet
31
carriage service; and
32
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
7
(c) the person has employees who have direct contact in the
1
course of their employment with individuals who use the
2
service;
3
the person must ensure that each such employee is provided with
4
the information, training or instruction prescribed by the
5
regulations for the purposes of this subsection.
6
(2) A person commits an offence if:
7
(a) the person is subject to a requirement under subsection (1);
8
and
9
(b) the person fails to comply with the requirement.
10
Penalty: 120 penalty units.
11
Regulations
12
(3) Regulations made for the purposes of subsection (1) may include:
13
(a) information, training or instruction relating to the following:
14
(i) recognising problem gambling behaviour;
15
(ii) assisting individuals to access information regarding the
16
Register and other services or programs to deal with
17
problem gambling;
18
(iii) dealing with individuals who have identified themselves
19
as having a gambling problem; and
20
(b) when such information, training or instruction must be
21
provided.
22
5 At the end of Part 3
23
Add:
24
Division 4--Injunctions
25
31A Injunctions
26
(1) The Federal Circuit Court of Australia may, on application by the
27
Regulator, grant an injunction referred to in subsection (2) if the
28
Court is satisfied that:
29
(a) an ADI (within the meaning of the Banking Act 1959)
30
facilitates transactions in relation to a gambling service; and
31
Schedule 1 Amendments
8
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
(b) the gambling service is a prohibited internet gambling
1
service.
2
(2) The injunction is to require the ADI to take reasonable steps to
3
prohibit transactions in relation to the prohibited internet gambling
4
service.
5
Parties
6
(3) The parties to an action under subsection (1) are:
7
(a) the Regulator; and
8
(b) the ADI; and
9
(c) the prohibited internet gambling service.
10
Service
11
(4) The Regulator must notify the:
12
(a) the ADI; and
13
(b) the prohibited internet gambling service;
14
of the making of an application under subsection (1).
15
Matters to be taken into account
16
(5) In determining whether to grant the injunction, the Court may take
17
into account the following matters:
18
(a) whether prohibiting transactions in relation to the prohibited
19
internet gambling service is a proportionate response in the
20
circumstances;
21
(b) whether it is in the public interest to prohibit transactions in
22
relation to the prohibited internet gambling service;
23
(c) whether access to, or transactions in relation to, the
24
prohibited internet gambling service has been disabled or
25
prohibited by orders from any court of another country or
26
territory;
27
(d) any other matter prescribed by the regulations;
28
(e) any other relevant matter.
29
Rescinding and varying injunctions
30
(6) The Court may:
31
(a) limit the duration of; or
32
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
9
(b) upon application, rescind or vary;
1
an injunction granted under this section.
2
(7) An application under subsection (6) may be made by:
3
(a) any of the persons referred to in subsection (3); or
4
(b) any other person prescribed by the regulations.
5
Costs
6
(8) The ADI is not liable for any costs in relation to the proceedings
7
unless the ADI enters an appearance and takes part in the
8
proceedings.
9
6 After Part 7A
10
Insert:
11
Part 7B--Restricted wagering services
12
Division 1--Simplified outline of this Part
13
61G Simplified outline of this Part
14
This Part sets out a number of restrictions on the conduct of
15
restricted wagering services in relation to sports betting. These
16
restrictions aim to ensure that such services do not engage in
17
certain predatory practices, particularly in relation to problem
18
gamblers, and that sports betting services are provided in a
19
responsible manner.
20
These restrictions include bans on offering micro-betting, credit or
21
inducements, as well as requirements for the restricted wagering
22
service to check that individuals are not included on the National
23
Self-exclusion Register before creating new accounts.
24
Restricted wagering services that contravene these restrictions may
25
commit an offence or a contravention of a civil penalty provision.
26
Schedule 1 Amendments
10
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
Division 2--Offences and civil penalty provisions
1
61GA Restricted wagering service must not offer credit
2
(1) A person contravenes this subsection if:
3
(a) the person intentionally provides a restricted wagering
4
service in Australia; and
5
(b) the service provides, or offers to provide, credit to individuals
6
to use the service.
7
Fault-based offence
8
(2) A person commits an offence if the person contravenes
9
subsection (1).
10
Penalty: 500 penalty units.
11
Civil penalty provision
12
(3) A person is liable to a civil penalty if the person contravenes
13
subsection (1).
14
Civil penalty:
500 penalty units.
15
Continuing offences or contraventions
16
(4) A person who contravenes subsection (1) is guilty of a separate
17
offence or contravention of a civil penalty provision in respect of
18
each day (including a day of a conviction for the offence, or the
19
contravention of the civil penalty provision, or any later day)
20
during which the contravention continues.
21
61GB Restricted wagering service must not induce a person to use
22
the service
23
(1) A person contravenes this subsection if:
24
(a) the person intentionally provides a restricted wagering
25
service; and
26
(b) the person:
27
(i) induces, or attempts to induce, another individual to use
28
the service; or
29
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
11
(ii) causes another person to induce, or attempt to induce,
1
another individual to use the service.
2
Fault-based offence
3
(2) A person commits an offence if the person contravenes
4
subsection (1).
5
Penalty: 500 penalty units.
6
Civil penalty provision
7
(3) A person is liable to a civil penalty if the person contravenes
8
subsection (1).
9
Civil penalty:
500 penalty units.
10
Continuing offences or contraventions
11
(4) A person who contravenes subsection (1) is guilty of a separate
12
offence or contravention of a civil penalty provision in respect of
13
each day (including a day of a conviction for the offence, or the
14
contravention of the civil penalty provision, or any later day)
15
during which the contravention continues.
16
61GC Restricted wagering service must not offer or accept micro
17
betting
18
(1) A person contravenes this subsection if:
19
(a) the person intentionally provides a restricted wagering
20
service in Australia; and
21
(b) the service offers or accepts micro betting.
22
Fault-based offence
23
(2) A person commits an offence if the person contravenes
24
subsection (1).
25
Penalty: 2,000 penalty units.
26
Civil penalty provision
27
(3) A person is liable to a civil penalty if the person contravenes
28
subsection (1).
29
Schedule 1 Amendments
12
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
Civil penalty:
2,000 penalty units.
1
Continuing offences or contraventions
2
(4) A person who contravenes subsection (1) is guilty of a separate
3
offence or contravention of a civil penalty provision in respect of
4
each day (including a day of a conviction for the offence, or the
5
contravention of the civil penalty provision, or any later day)
6
during which the contravention continues.
7
61GD Restricted wagering service must require certain details be
8
provided to establish account
9
(1) A person contravenes this subsection if:
10
(a) the person intentionally provides a restricted wagering
11
service in Australia; and
12
(b) the person creates an account, or otherwise facilitates the
13
placing of bets, for an individual; and
14
(c) the individual has not provided his or her personal details.
15
Fault-based offence
16
(2) A person commits an offence if the person contravenes
17
subsection (1).
18
Penalty: 120 penalty units.
19
Civil penalty provision
20
(3) A person is liable to a civil penalty if the person contravenes
21
subsection (1).
22
Civil penalty:
120 penalty units.
23
61GE Restricted wagering service must verify identity of
24
account-holder before creating account etc.
25
(1) A person contravenes this subsection if:
26
(a) the person intentionally provides a restricted wagering
27
service in Australia; and
28
(b) the service creates an account, or otherwise facilitates the
29
placing of bets, for an individual; and
30
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
13
(c) the person has not verified the individual's identity.
1
Fault-based offence
2
(2) A person commits an offence if the person contravenes
3
subsection (1).
4
Penalty: 300 penalty units.
5
Civil penalty provision
6
(3) A person is liable to a civil penalty if the person contravenes
7
subsection (1).
8
Civil penalty:
300 penalty units.
9
61GF Restricted wagering service must check the National
10
Self-exclusion Register before creating account
11
(1) A person contravenes this subsection if:
12
(a) the person intentionally provides a restricted wagering
13
service in Australia; and
14
(b) the service creates an account, or otherwise facilitates the
15
placing of bets, for an individual; and
16
(c) the person has not submitted the individual's personal details
17
to the National Self-exclusion Register to check whether the
18
individual's personal details are included on the Register.
19
Fault-based offence
20
(2) A person commits an offence if the person contravenes
21
subsection (1).
22
Penalty: 300 penalty units.
23
Civil penalty provision
24
(3) A person is liable to a civil penalty if the person contravenes
25
subsection (1).
26
Civil penalty:
300 penalty units.
27
Schedule 1 Amendments
14
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
Continuing offences or contraventions
1
(4) A person who contravenes subsection (1) is guilty of a separate
2
offence or contravention of a civil penalty provision in respect of
3
each day (including a day of a conviction for the offence, or the
4
contravention of the civil penalty provision, or any later day)
5
during which the contravention continues.
6
61GG Restricted wagering service must include pre-commitment
7
options when creating account
8
(1) A person contravenes this subsection if:
9
(a) the person intentionally provides a restricted wagering
10
service; and
11
(b) the person does not require each individual who creates an
12
account with the service to register and set annual and
13
monthly maximum betting limits.
14
Note:
The service must not permit these limits to be exceeded (see section
15
61GK, and may only increase the limits if notice is provided (see
16
section 61GI).
17
Fault-based offence
18
(2) A person commits an offence if the person contravenes
19
subsection (1).
20
Penalty: 200 penalty units.
21
Civil penalty provision
22
(3) A person is liable to a civil penalty if the person contravenes
23
subsection (1).
24
Civil penalty:
200 penalty units.
25
Continuing offences or contraventions
26
(4) A person who contravenes subsection (1) is guilty of a separate
27
offence or contravention of a civil penalty provision in respect of
28
each day (including a day of a conviction for the offence, or the
29
contravention of the civil penalty provision, or any later day)
30
during which the contravention continues.
31
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
15
61GH Restricted wagering service must not create accounts etc. for
1
individuals on the National Self-exclusion Register
2
(1) A person contravenes this subsection if:
3
(a) the person intentionally provides a restricted wagering
4
service in Australia; and
5
(b) the service creates an account, or otherwise facilitates the
6
placing of bets, for an individual whose personal details are
7
included on the National Self-exclusion Register; and
8
(c) the person either:
9
(i) knew that the individual's personal details were
10
included on the National Self-exclusion Register; or
11
(ii) was reckless as to whether the individual's personal
12
details were included on the National Self-exclusion
13
Register.
14
Fault-based offence
15
(2) A person commits an offence if the person contravenes
16
subsection (1).
17
Penalty: 500 penalty units.
18
Civil penalty provision
19
(3) A person is liable to a civil penalty if the person contravenes
20
subsection (1).
21
Civil penalty:
500 penalty units.
22
Continuing offences or contraventions
23
(4) A person who contravenes subsection (1) is guilty of a separate
24
offence or contravention of a civil penalty provision in respect of
25
each day (including a day of a conviction for the offence, or the
26
contravention of the civil penalty provision, or any later day)
27
during which the contravention continues.
28
61GI Restricted wagering service must not increase individual's
29
betting limit
30
(1) A person contravenes this subsection if:
31
Schedule 1 Amendments
16
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
(a) the person intentionally provides a restricted wagering
1
service in Australia; and
2
(b) the person increases, or causes to be increased, the monthly
3
or annual betting limit set by the individual.
4
(2) Subsection (1) does not apply if the individual has:
5
(a) requested that the person increase the monthly or annual
6
betting limit; and
7
(b) either:
8
(i) in relation to the monthly betting limit--the individual
9
requested the increase at least 7 days before the limit
10
was increased; or
11
(ii) in relation to the annual betting limit--the individual
12
requested the increase at least 14 days before the limit
13
was increased; and
14
(c) the individual has not made more than one other such request
15
in the previous 12-month period.
16
Note:
A defendant bears an evidential burden in relation to the matter in
17
subsection (2).
18
Fault-based offence
19
(3) A person commits an offence if the person contravenes
20
subsection (1).
21
Penalty: 300 penalty units.
22
Civil penalty provision
23
(4) A person is liable to a civil penalty if the person contravenes
24
subsection (1).
25
Civil penalty:
300 penalty units.
26
Continuing offences or contraventions
27
(5) A person who contravenes subsection (1) is guilty of a separate
28
offence or contravention of a civil penalty provision in respect of
29
each day (including a day of a conviction for the offence, or the
30
contravention of the civil penalty provision, or any later day)
31
during which the contravention continues.
32
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
17
61GJ Restricted wagering service must not induce a person to
1
increase betting limit
2
(1) A person contravenes this subsection if:
3
(a) the person intentionally provides a restricted wagering
4
service; and
5
(b) the person:
6
(i) induces, or attempts to induce, an individual to increase
7
his or her monthly or annual betting limit; or
8
(ii) causes another person to induce, or attempt to induce,
9
an individual to increase his or her monthly or annual
10
betting limit.
11
Fault-based offence
12
(2) A person commits an offence if the person contravenes
13
subsection (1).
14
Penalty: 300 penalty units.
15
Civil penalty provision
16
(3) A person is liable to a civil penalty if the person contravenes
17
subsection (1).
18
Civil penalty:
300 penalty units.
19
61GK Restricted wagering service must not permit account-holder
20
to exceed betting limit
21
(1) A person contravenes this subsection if:
22
(a) the person intentionally provides a restricted wagering
23
service in Australia; and
24
(b) the service accepts a bet from an individual that exceeds the
25
monthly or annual betting limit nominated by the individual
26
for the service.
27
Fault-based offence
28
(2) A person commits an offence if the person contravenes
29
subsection (1).
30
Penalty: 200 penalty units.
31
Schedule 1 Amendments
18
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
Civil penalty provision
1
(3) A person is liable to a civil penalty if the person contravenes
2
subsection (1).
3
Civil penalty:
200 penalty units.
4
Continuing offences or contraventions
5
(4) A person who contravenes subsection (1) is guilty of a separate
6
offence or contravention of a civil penalty provision in respect of
7
each day (including a day of a conviction for the offence, or the
8
contravention of the civil penalty provision, or any later day)
9
during which the contravention continues.
10
61GL Restricted wagering service must provide statement
11
(1) A person who provides a restricted wagering service must provide
12
each individual who uses the service with a statement of the
13
individual's transaction history that complies with regulations
14
made for the purposes of this subsection.
15
Fault-based offence
16
(2) A person commits an offence if:
17
(a) the person is required to provide a statement under
18
subsection (1); and
19
(b) the person fails to provide the statement as required.
20
Penalty: 120 penalty units.
21
Civil penalty provision
22
(3) A person is liable to a civil penalty if:
23
(a) the person is required to provide a statement under
24
subsection (1); and
25
(b) the person fails to provide the statement as required.
26
Penalty: 120 penalty units.
27
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
19
Continuing offences or contraventions
1
(4) A person who contravenes subsection (1) is guilty of a separate
2
offence or contravention of a civil penalty provision in respect of
3
each day (including a day of a conviction for the offence, or the
4
contravention of the civil penalty provision, or any later day)
5
during which the contravention continues.
6
Regulations
7
(5) Regulations made for the purposes of subsection (1) must
8
prescribe:
9
(a) the period which the statement must cover; and
10
(b) how frequently the statement must be provided (which must
11
not be less than once a month); and
12
(c) the manner and form in which the statement is to be
13
provided.
14
61GM Restricted wagering service must not disclose information for
15
marketing purposes
16
(1) A person contravenes this subsection if:
17
(a) the person provides a restricted wagering service; and
18
(b) the person discloses personal information of an individual
19
who uses the service to another person or entity; and
20
(c) the information is disclosed for use by the other person or
21
entity in relation to marketing of a good or service.
22
Fault-based offence
23
(2) A person commits an offence if the person contravenes
24
subsection (1).
25
Penalty: 300 penalty units.
26
Civil penalty provision
27
(3) A person is liable to a civil penalty if the person contravenes
28
subsection (1).
29
Civil penalty:
300 penalty units.
30
Schedule 1 Amendments
20
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
61GN Restricted wagering service must include link to National
1
Self-exclusion Register website
2
(1) A person contravenes this subsection if:
3
(a) the person provides a restricted wagering service; and
4
(b) the service includes a website; and
5
(c) the website does not include a clear and prominent link to the
6
National Self-exclusion Register website that complies with
7
regulations made for the purposes of this paragraph on each
8
page.
9
Fault-based offence
10
(2) A person commits an offence if the person contravenes
11
subsection (1).
12
Penalty: 120 penalty units.
13
Civil penalty provision
14
(3) A person is liable to a civil penalty if the person contravenes
15
subsection (1).
16
Civil penalty:
120 penalty units.
17
Continuing offences or contraventions
18
(4) A person who contravenes subsection (1) is guilty of a separate
19
offence or contravention of a civil penalty provision in respect of
20
each day (including a day of a conviction for the offence, or the
21
contravention of the civil penalty provision, or any later day)
22
during which the contravention continues.
23
Regulations
24
(5) Regulations made for the purposes of paragraph (1)(c) may include
25
requirements in relation to the following:
26
(a) the position of the link;
27
(b) the size of the link;
28
(c) logos that must be included with the link;
29
(d) any other information that may be required to be included
30
with the link.
31
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
21
Division 3--Prohibition of advertising of restricted
1
wagering services
2
61GO Restricted wagering service advertisements not to be
3
broadcast during certain programs
4
(1) A person contravenes this subsection if:
5
(a) the person broadcasts a restricted wagering service
6
advertisement in Australia; and
7
(b) the broadcast is during:
8
(i) a G classified television program; or
9
(ii) a television program that consists of coverage of a
10
sporting event.
11
Penalty: 120 penalty units.
12
(2) A person contravenes this subsection if:
13
(a) the person authorises or causes a restricted wagering service
14
advertisement to be broadcast in Australia; and
15
(b) the broadcast is during a G classified television program or a
16
television program that consists of coverage of a sporting
17
event.
18
Penalty: 120 penalty units.
19
Fault-based offence
20
(3) A person commits an offence if the person contravenes
21
subsection (1) or (2).
22
Penalty: 120 penalty units.
23
Civil penalty provision
24
(4) A person is liable to a civil penalty if the person contravenes
25
subsection (1) or (2).
26
Civil penalty:
120 penalty units.
27
Definitions
28
(5) In this section:
29
Schedule 1 Amendments
22
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
broadcast means transmit by means of a broadcasting service.
1
broadcasting service means a service that delivers television
2
programs or radio programs to persons having equipment
3
appropriate for receiving that service, whether the delivery uses the
4
radiofrequency spectrum, cable, optical fibre, satellite or any other
5
means or a combination of those means, but does not include:
6
(a) a datacasting service; or
7
(b) a service that delivers programs using the internet, where the
8
delivery does not use the broadcasting services bands.
9
program has the same meaning as in the Broadcasting Services Act
10
1992.
11
restricted wagering service advertisement means writing, still or
12
moving picture, sign, symbol or other visual image, or any audible
13
message, or any combination of 2 or more of those things, that
14
gives publicity to, or otherwise promotes or is intended to promote:
15
(a) a restricted wagering service; or
16
(b) restricted wagering services in general; or
17
(c) the whole or part of a trade mark in respect of a restricted
18
wagering service; or
19
(d) a domain name or URL that relates to a restricted wagering
20
service; or
21
(e) any words that are closely associated with a restricted
22
wagering service (whether also closely associated with other
23
kinds of services or products).
24
Division 4--Compliance and enforcement
25
61GP Civil penalty provision
26
Enforceable civil penalty provision
27
(1) A civil penalty provision in Division 2 or 3 of this Part is
28
enforceable under Part 4 of the Regulatory Powers Act.
29
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
30
be enforced by obtaining an order for a person to pay a pecuniary
31
penalty for the contravention of the provision.
32
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
23
Authorised applicant
1
(2) For the purposes of Part 4 of the Regulatory Powers Act, the
2
Regulator is an authorised applicant in relation to a civil penalty
3
provision in Division 2 or 3 of this Part.
4
Relevant court
5
(3) For the purposes of Part 4 of the Regulatory Powers Act, the
6
Federal Circuit Court of Australia is a relevant court in relation to a
7
civil penalty provision in Division 2 or 3 of this Part.
8
Extension to external Territories etc.
9
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to a
10
civil penalty provision in Division 2 or 3 of this Part, extends to:
11
(a) every external Territory; and
12
(b) acts, omissions, matters and things outside Australia.
13
61GQ Infringement notices
14
Enforceable provisions
15
(1) A civil penalty provision in Division 2 or 3 of this Part is
16
enforceable under Part 5 of the Regulatory Powers Act.
17
Infringement officer
18
(2) For the purposes of Part 5 of the Regulatory Powers Act, a person
19
appointed under subsection (3) is an infringement officer in
20
relation to the provisions mentioned in subsection (1).
21
(3) The Regulator may, in writing, appoint a person who holds, or
22
performs the duties of, an APS 6 position, or an equivalent or
23
higher position, within the Department.
24
Relevant chief executive
25
(4) For the purposes of Part 5 of the Regulatory Powers Act, the
26
Regulator is the relevant chief executive in relation to the
27
provisions mentioned in subsection (1).
28
Schedule 1 Amendments
24
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
Amount payable
1
(5) The amount to be stated in an infringement notice for the purposes
2
of paragraph 104(1)(f) of the Regulatory Powers Act for the
3
alleged contravention of a civil penalty provision mentioned in
4
subsection (1) of this section must be one-fifth of the maximum
5
penalty that a court could impose on the person for that
6
contravention.
7
Extension to external Territories etc.
8
(6) Part 5 of the Regulatory Powers Act, as it applies in relation to the
9
provisions mentioned in subsection (1), extends to:
10
(a) every external Territory; and
11
(b) acts, omissions, matters and things outside Australia.
12
61GR Enforceable undertakings
13
Enforceable provisions
14
(1) The provisions of Division 2 and 3 of this Part are enforceable
15
under Part 6 of the Regulatory Powers Act.
16
Authorised person
17
(2) The Regulator is an authorised person in relation to the provisions
18
of Division 2 and 3 of this Part for the purposes of Part 6 of the
19
Regulatory Powers Act.
20
Relevant court
21
(3) The Federal Circuit Court of Australia is a relevant court in
22
relation to the provisions of Division 2 and 3 of this Part for the
23
purposes of Part 6 of the Regulatory Powers Act.
24
Extension to external Territories etc.
25
(4) Part 6 of the Regulatory Powers Act, as it applies in relation to the
26
provisions of Division 2 and 3 of this Part, extends to:
27
(a) every external Territory; and
28
(b) acts, omissions, matters and things outside Australia.
29
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
25
61GS Injunctions
1
Enforceable provisions
2
(1) The provisions of Division 2 and 3 of this Part are enforceable
3
under Part 7 of the Regulatory Powers Act.
4
Authorised person
5
(2) The Regulator is an authorised person in relation to the provisions
6
of Division 2 and 3 of this Part for the purposes of Part 7 of the
7
Regulatory Powers Act.
8
Relevant court
9
(3) The Federal Circuit Court of Australia is a relevant court in
10
relation to the provisions of Divisions 2 and 3 of this Part for the
11
purposes of Part 7 of the Regulatory Powers Act.
12
Extension to external Territories etc.
13
(4) Part 7 of the Regulatory Powers Act, as it applies in relation to the
14
provisions of Divisions 2 and 3 of this Part, extends to:
15
(a) every external Territory; and
16
(b) acts, omissions, matters and things outside Australia.
17
Part 7C--National Self-exclusion Register
18
Division 1--National Self-exclusion Register
19
61HA National Self-exclusion Register
20
(1) The Regulator must keep a register of individuals who wish to
21
self-exclude from restricted wagering services.
22
(2) The register is to be known as the National Self-exclusion Register.
23
(3) The register is to be kept in electronic form.
24
(4) The register is not a legislative instrument.
25
(5) The Regulator must begin to comply with subsection (1) as soon as
26
practicable after the commencement of this section.
27
Schedule 1 Amendments
26
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
(6) For the purposes of the Privacy Act 1988, the primary purpose of
1
the register is to facilitate:
2
(a) self-exclusion from restricted wagering services; and
3
(b) the prohibition, under section 61GH, of restricted wagering
4
services creating accounts, or otherwise facilitating the
5
placing of bets, for individuals who have self-excluded.
6
61HB Regulator may correct or update information in Register
7
The Regulator may correct or update information in the Register.
8
61HC Applications for registration
9
(1) An individual may apply to the Regulator for the individual's
10
personal details to be entered on the Register.
11
(2) The application must:
12
(a) include the individual's personal details; and
13
(b) be in the form specified by the Regulator under section
14
61HG; and
15
(c) be made in the manner specified by the Regulator under
16
section 61HG.
17
61HD Registration
18
If:
19
(a) an application is made for an individual's personal details to
20
be entered on the Register; and
21
(b) the applicant satisfies the Regulator that the details provided
22
under paragraph 61HC(2)(a) are the applicant's personal
23
details;
24
the applicant's personal details must be entered on the Register.
25
61HE Duration of registration
26
(1) The registration of a person's name and personal details:
27
(a) takes effect when the name and details are entered on the
28
Register; and
29
(b) unless sooner removed from the Register in accordance with
30
section 61HF or 61HG, remains in force indefinitely.
31
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
27
(2) If a person's name and personal details are removed from the
1
Register, this Act does not prevent the person from being
2
re-registered on the Register.
3
61HF Removal from Register
4
(1) The Regulator must, by legislative instrument, make a
5
determination that makes provision for a person to apply for his or
6
her name to be removed from the Register.
7
(2) Without limiting subsection (1), the determination must include:
8
(a) the form of application for individual's personal details to be
9
removed from the Register; and
10
(b) the information which must accompany the application; and
11
(c) the documentation that must be provided in support of the
12
individual's application.
13
61HG Administration of the Register--determinations
14
The Regulator may, by legislative instrument, make a
15
determination that makes provision for and in relation to any or all
16
of the following:
17
(a) the form of application for individual's personal details to be
18
entered on the Register;
19
(b) the manner in which such applications are to be made;
20
(c) the manner in which entries are to be made on the Register;
21
(d) the correction of entries in the Register;
22
(e) the removal of entries from the Register on the Regulator's
23
own initiative;
24
(f) any other matter relating to the administration or operation of
25
the Register.
26
Division 2--Dealing with protected information in the
27
Register
28
61HH Authorised dealings with protected information
29
Uploading personal information to the Register
30
(1) A person may collect, make a record of, disclose or otherwise use:
31
Schedule 1 Amendments
28
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
(a) personal information; or
1
(b) relevant personal details;
2
if the person does so for the purposes of including the information
3
in the Register.
4
Note:
This subsection is an authorisation for the purposes of other laws,
5
including the Australian Privacy Principles.
6
Using or disclosing protected information in the Register
7
(2) A person may make a record of, disclose or otherwise use
8
protected information if:
9
(a) the person does so for the purposes of the Register, and the
10
person is:
11
(i) an officer or employee of the Commonwealth or of an
12
authority of the Commonwealth; or
13
(ii) engaged by the Commonwealth, or by an authority of
14
the Commonwealth, to perform work relating to the
15
purposes of the Register; or
16
(iii) an officer or employee of, or is engaged by, a person
17
referred to in subparagraph (ii) to perform work relating
18
to the purposes of the Register; or
19
(b) the person does so for the purposes of performing the
20
person's functions, or exercising the person's powers, under
21
this Act.
22
Note:
This subsection is an authorisation for the purposes of other laws,
23
including the Australian Privacy Principles.
24
61HI Offence relating to protected information
25
A person commits an offence if:
26
(a) the person obtains information; and
27
(b) the information is protected information; and
28
(c) the person makes a record of, discloses or otherwise uses the
29
information; and
30
(d) the making of the record, or the disclosure or use, is not
31
authorised by section 61HH.
32
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
33
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
29
Part 7D--Interactive Gambling Regulator
1
2
61JA Establishment of the Interactive Gambling Regulator
3
There is to be an Interactive Gambling Regulator.
4
Note:
In this Act, Regulator means the Interactive Gambling Regulator (see
5
section 4).
6
61JB Functions of the Regulator
7
The Regulator has the following functions:
8
(a) to advise and assist persons in relation to their obligations
9
under Parts 7B and 7C;
10
(b) to monitor, promote, investigate and enforce compliance with
11
Parts 7B and 7C;
12
(c) to develop, in consultation with industry (including restricted
13
wagering services, gambling counselling services and
14
financial counselling services), a code of practice relating to
15
responsible gambling that is to be applicable to restricted
16
wagering services;
17
(d) to collect, analyse, interpret and disseminate:
18
(i) aggregated and de-identified data on gambling
19
expenditure and trends in gambling patterns or
20
behaviours; and
21
(ii) information relating to the operation of Parts 7B and
22
7C;
23
(e) to monitor and evaluate the operation of Parts 7B and 7C;
24
(f) to provide information and advice to the Minister about the
25
operation of Parts 7B and 7C;
26
(g) to undertake or commission research in relation to gambling
27
matters and the operation of Parts 7B and 7C;
28
(h) such other functions as are conferred on the Regulator by this
29
Act or any other law of the Commonwealth;
30
(i) to do anything incidental to or conducive to the performance
31
of any of the above functions.
32
Schedule 1 Amendments
30
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
61JC Powers of the Regulator
1
The Regulator has power to do all things necessary or convenient
2
to be done in connection with the performance of the Regulator's
3
functions.
4
61JD Appointment of the Regulator
5
(1) The Regulator is to be appointed by the Minister by legislative
6
instrument.
7
Note:
For reappointment, see section 33AA of the Acts Interpretation Act
8
1901.
9
(2) A person is not eligible for appointment as the Regulator unless the
10
Minister is satisfied that the person has substantial knowledge,
11
qualifications or experience in at least one of the following fields:
12
(a) public administration;
13
(b) consumer protection;
14
(c) mental health.
15
(3) The Regulator holds office on a full-time basis.
16
(4) The Regulator holds office for the period specified in the
17
instrument of appointment. The period must not exceed 5 years.
18
61JE Acting Regulator
19
(1) The Minister may, by written instrument, appoint a person to act as
20
the Regulator:
21
(a) during a vacancy in the office of the Regulator (whether or
22
not an appointment has previously been made to the office);
23
or
24
(b) during any period, or during all periods, when the Regulator:
25
(i) is absent from duty or from Australia; or
26
(ii) is, for any reason, unable to perform the duties of the
27
office.
28
Note:
For rules that apply to acting appointments, see sections 33AB and
29
33A of the Acts Interpretation Act 1901.
30
(2) A person is not eligible for appointment to act as the Regulator
31
unless the person is eligible for appointment as the Regulator.
32
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
31
61JF Remuneration and allowances
1
(1) The Regulator is to be paid the remuneration that is determined by
2
the Remuneration Tribunal. If no determination of that
3
remuneration by the Tribunal is in operation, the Regulator is to be
4
paid the remuneration that is prescribed by the regulations.
5
(2) The Regulator is to be paid the allowances that are prescribed by
6
the regulations.
7
(3) This section has effect subject to the Remuneration Tribunal Act
8
1973.
9
61JG Leave of absence
10
(1) The Regulator has the recreation leave entitlements that are
11
determined by the Remuneration Tribunal.
12
(2) The Minister may grant the Regulator leave of absence, other than
13
recreation leave, on the terms and conditions as to remuneration or
14
otherwise that the Minister determines.
15
61JH Outside employment
16
The Regulator must not engage in paid employment outside the
17
duties of his or her office without the Minister's approval.
18
61JI Disclosure of interests to the Minister
19
The Regulator must give written notice to the Minister of all
20
interests, pecuniary or otherwise, that the Regulator has or acquires
21
and that conflict or could conflict with the proper performance of
22
the Regulator's functions.
23
61JJ Resignation
24
(1) The Regulator may resign his or her appointment by giving the
25
Minister a written resignation.
26
(2) The resignation takes effect 2 weeks after it is received by the
27
Minister or, if a later day is specified in the resignation, on that
28
later day.
29
Schedule 1 Amendments
32
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
61JK Termination of appointment
1
(1) The Minister may terminate the appointment of the Regulator:
2
(a) for misbehaviour; or
3
(b) if the Regulator is unable to perform the duties of his or her
4
office because of physical or mental incapacity.
5
(2) The Minister may terminate the appointment of the Regulator if:
6
(a) the Regulator:
7
(i) becomes bankrupt; or
8
(ii) applies to take the benefit of any law for the relief of
9
bankrupt or insolvent debtors; or
10
(iii) compounds with his or her creditors; or
11
(iv) makes an assignment of his or her remuneration for the
12
benefit of his or her creditors; or
13
(b) the Regulator is absent, except on leave of absence, for 14
14
consecutive days or for 28 days in any 12 months; or
15
(c) the Regulator engages, except with the Minister's approval,
16
in paid employment outside the duties of his or her office
17
(see section 61JH); or
18
(d) the Regulator fails, without reasonable excuse, to comply
19
with section 61JI.
20
61JL Other terms and conditions
21
The Regulator holds office on the terms and conditions (if any) in
22
relation to matters not covered by this Act that are determined by
23
the Minister.
24
61JM Delegation by Regulator
25
(1) The Regulator may, by writing, delegate any or all of the
26
Regulator's functions or powers to:
27
(a) the Secretary of the Department; or
28
(b) an SES employee, or acting SES employee, in the
29
Department.
30
(2) A delegate must comply with any written directions of the
31
Regulator.
32
Amendments Schedule 1
No. , 2015
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
33
61JN Staff assisting the Regulator
1
The staff assisting the Regulator are to be persons engaged under
2
the Public Service Act 1999 and made available for the purpose by
3
the Secretary of the Department.
4
61JO Consultants
5
(1) The Regulator may, on behalf of the Commonwealth, engage
6
persons having suitable qualifications and experience as
7
consultants to the Regulator.
8
(2) The consultants are to be engaged on the terms and conditions that
9
the Regulator determines in writing.
10
61JP Annual report
11
The Regulator must, as soon as practicable after the end of each
12
financial year, prepare and give to the Minister, for presentation to
13
the Parliament, a report on the operations of the Regulator during
14
that year.
15
Note:
See also section 34C of the Acts Interpretation Act 1901, which
16
contains extra rules about annual reports.
17
61JQ Minister may give directions to the Regulator
18
(1) The Minister may, by legislative instrument, give written directions
19
to the Regulator about the performance of the Regulator's
20
functions and the exercise of the Regulator's powers.
21
Note 1:
For variation and revocation, see the Acts Interpretation Act 1901.
22
Note 2:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
23
Legislation Act 2003 do not apply to the directions (see regulations
24
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
25
Act).
26
(2) A direction under subsection (1) must be of a general nature only.
27
(3) The Regulator must comply with a direction given under
28
subsection (1).
29
Schedule 1 Amendments
34
Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
No. , 2015
Privacy Act 1988
1
7 After paragraph 7.8(a)
2
Insert:
3
(aa) Part 7B of the Interactive Gambling Act 2001;
4