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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2024
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Interactive Gambling Amendment (Ban
Gambling Ads) Bill 2024
No. , 2024
(Senator Hanson-Young)
A Bill for an Act to amend the
Interactive Gambling
Act 2001
, and for related purposes
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Staged implementation of prohibition of advertising of
licensed interactive wagering services
3
Interactive Gambling Act 2001
3
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
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 (Ban Gambling
5
Ads) Act 2024
.
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 (Ban Gambling Ads) Bill 2024
No. , 2024
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
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repealed as set out in the applicable items in the Schedule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
Staged implementation of prohibition of advertising of licensed interactive wagering
services
Schedule 1
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
3
Schedule 1--Staged implementation of
1
prohibition of advertising of licensed
2
interactive wagering services
3
Interactive Gambling Act 2001
4
1 Section 3
5
After:
6
(e) unlicensed regulated interactive gambling services must
7
not be advertised;
8
insert:
9
(ea) following the end of a staged implementation process,
10
licensed interactive wagering services must not be
11
advertised;
12
2 After paragraph 16(c)
13
Insert:
14
(ca) rules made for the purpose of section 61FEV; or
15
3 After subparagraph 21(1)(a)(iii)
16
Insert:
17
(iiia) rules made for the purpose of section 61FEV; or
18
4 After Part 7A
19
Insert:
20
Schedule 1
Staged implementation of prohibition of advertising of licensed interactive
wagering services
4
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
No. , 2024
Part 7AA--Staged implementation of prohibition
1
of advertising of licensed interactive
2
wagering services
3
Division 1--Interpretation: definitions
4
61FE Definitions
5
In this Part:
6
broadcast
means transmit by means of a broadcasting service.
7
broadcasting service
means a service that delivers television
8
programs or radio programs to persons having equipment
9
appropriate for receiving that service, whether the delivery uses the
10
radiofrequency spectrum, cable, optical fibre, satellite or any other
11
means or a combination of those means, but does not include:
12
(a) a datacasting service; or
13
(b) a service that delivers programs using the internet, where the
14
delivery does not use the broadcasting services bands.
15
broadcasting services bands
has the same meaning as in the
16
Broadcasting Services Act 1992
.
17
commentator betting odds promotion
has the same meaning as in
18
Schedule 8 to the
Broadcasting Services Act 1992
.
19
datacast
means transmit by means of a datacasting service.
20
exempt library
means:
21
(a) a public library; or
22
(b) a library of a tertiary educational institution; or
23
(c) a library of an authority of the Commonwealth or of a State
24
or Territory.
25
licensed interactive wagering service
means a regulated interactive
26
gambling service that:
27
(a) is a wagering service (see section 4); and
28
(b) has an Australian-customer link (see section 8); and
29
(c) is not provided in contravention of subsection 15AA(3).
30
Staged implementation of prohibition of advertising of licensed interactive wagering
services
Schedule 1
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
5
licensed interactive wagering service advertisement
has the
1
meaning given by Division 2.
2
live
, in relation to a sporting event, has the same meaning as in
3
Schedule 8 to the
Broadcasting Services Act 1992
.
4
news or current affairs programs
has the same meaning as in
5
Schedule 4 to the
Broadcasting Services Act 1992
.
6
online content service
has the same meaning as in Schedule 8 to
7
the
Broadcasting Services Act 1992
.
8
program
has the same meaning as in the
Broadcasting Services Act
9
1992
.
10
publishes
, in relation to a licensed interactive wagering service
11
advertisement, has the meaning given by Division 3.
12
published online
, in relation to a licensed interactive wagering
13
service advertisement, has the meaning given by Division 4.
14
sporting event
has the same meaning as in Schedule 8 to the
15
Broadcasting Services Act 1992
.
16
Division 2--Interpretation: licensed interactive wagering
17
service advertisement
18
61FEA Basic meaning of licensed interactive wagering service
19
advertisement
20
(1) For the purposes of this Part, a
licensed interactive wagering
21
service advertisement
is any writing, still or moving picture, sign,
22
symbol or other visual image, or any audible message, or any
23
combination of 2 or more of those things, that gives publicity to,
24
or otherwise promotes or is intended to promote:
25
(a) a licensed interactive wagering service; or
26
(b) licensed interactive wagering services in general; or
27
(c) the whole or part of a trade mark in respect of a licensed
28
interactive wagering service; or
29
(d) a domain name or URL that relates to a licensed interactive
30
wagering service; or
31
Schedule 1
Staged implementation of prohibition of advertising of licensed interactive
wagering services
6
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
No. , 2024
(e) any words that are closely associated with a licensed
1
interactive wagering service (whether also closely associated
2
with other kinds of services or products).
3
(2) This section has effect subject to sections 61FEB, 61FEC, 61FED,
4
61FEE, 61FEF, 61FEG and 61FEH.
5
61FEB Exception--political communication
6
(1) To avoid doubt, if:
7
(a) something (the
advertisement
) does not promote, and is not
8
intended to promote, any particular licensed interactive
9
wagering service or services; and
10
(b) the advertisement relates solely to government or political
11
matters;
12
the advertisement is not a licensed interactive wagering service
13
advertisement for the purposes of this Part.
14
(2) Without limiting paragraph (1)(a), the use in an advertisement of
15
the whole name of a licensed interactive wagering service provider
16
does not, of itself, constitute promotion of a licensed interactive
17
wagering service or licensed interactive wagering services for the
18
purposes of paragraph (1)(a).
19
(3) Subsection (2) does not apply in relation to the use of a name
20
referred to in that subsection in a way prohibited by regulations
21
made for the purposes of this subsection.
22
(4) However, an advertisement is not a licensed interactive wagering
23
service advertisement to the extent (if any) that prohibition of the
24
advertisement would infringe any doctrine of implied freedom of
25
political communication.
26
61FEC Exception--Websites etc. and business documents
27
Words, signs or symbols that appear:
28
(a) on the website of a licensed interactive wagering service that
29
is provided to customers using an internet carriage service, or
30
on or at an equivalent point of provision of any other licensed
31
interactive wagering service; or
32
Staged implementation of prohibition of advertising of licensed interactive wagering
services
Schedule 1
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
7
(b) as part of the standard wording of an invoice, statement,
1
order form, letterhead, business card, cheque, manual, or
2
other document ordinarily used in the normal course of the
3
business of a licensed interactive wagering service provider
4
(whether or not the document is in electronic form);
5
do not, when so appearing, constitute a licensed interactive
6
wagering service advertisement (but this does not prevent a still or
7
moving screen shot of a website or equivalent point of provision
8
referred to in paragraph (a), or a still or moving picture or other
9
visual image of a document referred to in paragraph (b), from
10
being a licensed interactive wagering service advertisement).
11
61FED Exception--premises of providers
12
Words, signs or symbols that appear in or on land or buildings
13
occupied by a licensed interactive wagering service provider do
14
not, when so appearing, constitute a licensed interactive wagering
15
service advertisement (but this does not prevent a still or moving
16
picture, or other visual image, of words, signs or symbols that so
17
appear from being a licensed interactive wagering service
18
advertisement).
19
61FEE Exceptions--management advertisements etc.
20
To avoid doubt, none of the following constitutes a licensed
21
interactive wagering service advertisement:
22
(a) the doing of anything that is, or apart from this Part would
23
be, required to be done by any other law of the
24
Commonwealth or by any law of a State or Territory;
25
(b) an advertisement (for example, an advertisement for staff or
26
calling for tenders), relating to the internal management of
27
the business of a licensed interactive wagering service
28
provider, that does not promote a licensed interactive
29
wagering service;
30
(c) the taking of any action to prevent persons becoming victims
31
of fraud or any other dishonest or unethical conduct.
32
Schedule 1
Staged implementation of prohibition of advertising of licensed interactive
wagering services
8
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
No. , 2024
61FEF Exception--products or services having the same name as a
1
licensed interactive wagering service
2
(1) If:
3
(a) apart from this section, something (the
advertisement
) that
4
relates to a product, or a service, that is not a licensed
5
interactive wagering service would, technically, be a licensed
6
interactive wagering service advertisement because the name,
7
or part of the name, of the product or service is the same as,
8
or substantially similar to, the name, or part of the name, of:
9
(i) a licensed interactive wagering service; or
10
(ii) a licensed interactive wagering service provider; and
11
(b) the manufacturer, distributor or retailer of the product, or the
12
provider of the service, is not associated in any way with the
13
licensed interactive wagering service provider concerned;
14
then, despite section 61FEA, the advertisement is not a licensed
15
interactive wagering service advertisement for the purposes of this
16
Part.
17
Related bodies corporate taken to be associated with each other
18
(2) Without limiting the circumstances in which 2 persons would,
19
apart from this subsection, be taken to be associated with each
20
other for the purposes of subsection (1), 2 bodies corporate that are
21
related to each other are taken to be associated with each other for
22
the purposes of that subsection.
23
(3) For the purposes of subsection (2), the question whether 2 bodies
24
corporate are related to each other is to be determined in the same
25
way as the question would be determined under the
Corporations
26
Act 2001
.
27
61FEG Exception--anti-gambling advertisements
28
If:
29
(a) apart from this section, something (the
advertisement
)
30
would, technically, be a licensed interactive wagering service
31
advertisement; and
32
(b) it is clear from the advertisement that its sole or principal
33
purpose is to discourage the use of gambling services or
34
Staged implementation of prohibition of advertising of licensed interactive wagering
services
Schedule 1
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
9
particular kinds of gambling services or to reduce harm
1
caused by gambling services or particular kinds of gambling
2
services;
3
then, despite section 61FEA, the advertisement is not a licensed
4
interactive wagering service advertisement for the purposes of this
5
Part.
6
61FEH Exception--advertisements of a kind specified in the
7
regulations
8
The regulations may provide that an advertisement of a kind
9
specified in the regulations is not a licensed interactive wagering
10
service advertisement for the purposes of this Part.
11
61FEJ Definition
12
In this Division:
13
words
includes abbreviations, initials and numbers.
14
Division 3--Interpretation: publication of licensed
15
interactive wagering service advertisements
16
61FEK Meaning of publication
17
(1) For the purposes of this Part, a person
publishes
a licensed
18
interactive wagering service advertisement if the person does any
19
of the following things:
20
(a) the person includes the advertisement in a document
21
(including, for example, a newspaper, magazine, program,
22
leaflet or ticket) that is available, or distributed, to the public
23
or a section of the public;
24
(b) the person includes the advertisement in a film, video,
25
television program or radio program that is, or is intended to
26
be, seen or heard by the public or a section of the public;
27
(c) the person:
28
(i) sells, hires or supplies the advertisement, or something
29
containing the advertisement, to the public or a section
30
of the public; or
31
Schedule 1
Staged implementation of prohibition of advertising of licensed interactive
wagering services
10
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
No. , 2024
(ii) offers the advertisement, or something containing the
1
advertisement, for sale or supply to, or hire by, the
2
public or a section of the public;
3
(d) the person displays, screens or plays the advertisement, or
4
something that contains the advertisement, so that it can be
5
seen or heard in or from:
6
(i) a public place; or
7
(ii) public transport; or
8
(iii) a workplace;
9
(e) the person otherwise:
10
(i) brings the advertisement, or something that contains the
11
advertisement, to the notice of; or
12
(ii) disseminates the advertisement, or something that
13
contains the advertisement, to;
14
the public, or a section of the public, by any means
15
(including, for example, by means of a film, video, computer
16
disk or electronic medium).
17
(2) This section has effect subject to sections 61FEL, 61FEM, 61FEN,
18
61FEO and 61FEP.
19
61FEL Publish does not include broadcast or datacast
20
For the purposes of this Part, the broadcasting or datacasting of a
21
licensed interactive wagering service advertisement by a person
22
does not amount to the publication of the advertisement by the
23
person.
24
61FEM Exception--trade communications
25
For the purposes of this Part, the communication of information
26
that is or includes a licensed interactive wagering service
27
advertisement to a group of people all of whom are involved in the
28
provision of licensed interactive wagering services, does not, of
29
itself, amount to a publication of the licensed interactive wagering
30
service advertisement.
31
Staged implementation of prohibition of advertising of licensed interactive wagering
services
Schedule 1
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
11
61FEN Exception--advertisements in telephone directories
1
(1) For the purposes of this Part, the publication of the name of a
2
licensed interactive wagering service provider in a telephone
3
directory does not, of itself, amount to the publication of a licensed
4
interactive wagering service advertisement.
5
(2) Subsection (1) does not apply if:
6
(a) the publication is on the internet; and
7
(b) the entry for the provider contains a link to a website for the
8
provider that relates to a licensed interactive wagering
9
service.
10
61FEO Exception--ordinary activities of exempt libraries
11
Nothing that a person does for the purposes of the ordinary
12
activities of an exempt library amounts, for the purposes of this
13
Part, to a publication of a licensed interactive wagering service
14
advertisement.
15
61FEP Exception--acknowledgements of assistance or support
16
For the purposes of this Part, the publication of an
17
acknowledgement of assistance or support does not amount to the
18
publication of a licensed interactive wagering service
19
advertisement if it complies with regulations made for the purposes
20
of this section that permit the publication of such
21
acknowledgements.
22
Division 4--Interpretation: online publication of licensed
23
interactive wagering service advertisements
24
61FEQ Basic meaning of online publication of a licensed interactive
25
wagering service advertisement
26
(1) For the purposes of this Part, a licensed interactive wagering
27
service advertisement is
published online
by a person if the person
28
includes the advertisement, or something that contains the
29
advertisement, on a website.
30
Schedule 1
Staged implementation of prohibition of advertising of licensed interactive
wagering services
12
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
No. , 2024
(2) This section has effect subject to sections 61FER, 61FES, 61FET
1
and 61FEU.
2
61FER Publish online does not include broadcast or datacast
3
For the purposes of this Part, the broadcasting or datacasting of a
4
licensed interactive wagering service advertisement by a person
5
does not amount to the online publication of the advertisement by
6
the person.
7
61FES Exception--trade communications
8
For the purposes of this Part, the communication of information
9
that is or includes a licensed interactive wagering service
10
advertisement to a group of people all of whom are involved in the
11
provision of licensed interactive wagering services, does not, of
12
itself, amount to the online publication of the licensed interactive
13
wagering service advertisement.
14
61FET Exception--ordinary activities of exempt libraries
15
Nothing that a person does for the purposes of the ordinary
16
activities of an exempt library amounts, for the purposes of this
17
Part, to the online publication of a licensed interactive wagering
18
service advertisement.
19
61FEU Exception--acknowledgements of assistance or support
20
For the purposes of this Part, the publication of an
21
acknowledgement of assistance or support does not amount to the
22
online publication of a licensed interactive wagering service
23
advertisement if it complies with rules made for the purposes of
24
section 61FEV that permit the publication of such
25
acknowledgements.
26
Staged implementation of prohibition of advertising of licensed interactive wagering
services
Schedule 1
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
13
Division 5--Online Gambling Advertisement Prohibition
1
rules
2
61FEV Online Gambling Advertisement Prohibition rules
3
(1) The ACMA may, by legislative instrument, make rules (
Online
4
Gambling Advertisement Prohibition rules
) prescribing matters
5
required or permitted by this Part to be prescribed by the Online
6
Advertisement Gambling Prohibition rules.
7
(2) Before making Online Advertisement Gambling Prohibition rules,
8
the ACMA must:
9
(a) consider whether it would be appropriate for support or
10
compensatory arrangements to be put in place; and
11
(b) consider whether it would be appropriate for penalties to be
12
imposed to support a prohibition; and
13
(c) consult the Minister.
14
(3) To avoid doubt, paragraph 61FEV(2)(c) does not limit section 17
15
of the
Legislation Act 2003.
16
61FEW Online Gambling Advertisement Prohibition rules--phase
17
one
18
(1) As soon as practicable after the commencement of this Part, the
19
ACMA must make rules under section 61FEV to provide for the
20
prohibition of:
21
(a) the broadcast or datacast of a licensed interactive wagering
22
service advertisement in Australia that is:
23
(i) intended to induce gambling; and
24
(ii) during news and currents affairs programs; and
25
(b) the provision of licensed interactive wagering service
26
advertisements by online content service providers that is:
27
(i) intended to induce gambling; and
28
(ii) during news and currents affairs programs; and
29
(c) the broadcast of a licensed interactive wagering service
30
advertisement by commercial radio broadcasting licensees at
31
the following times:
32
(i) the period beginning at 8:30 am and ending at 9:00 am;
33
Schedule 1
Staged implementation of prohibition of advertising of licensed interactive
wagering services
14
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
No. , 2024
(ii) the period beginning at 3:30 pm and ending at 4:00 pm;
1
and
2
(d) the publication of a licensed interactive wagering service
3
advertisement in Australia that is intended to induce
4
gambling;
5
(e) the online publication of a licensed interactive wagering
6
service advertisement in Australia.
7
(2) For the purposes of this section, a licensed interactive wagering
8
service advertisement that is published online is taken to be
9
published
in Australia
if, and only if:
10
(a) the website is accessed, or is available for access, by
11
end-users in Australia; and
12
(b) having regard to:
13
(i) the content of the website; and
14
(ii) the way the website is advertised or promoted;
15
it would be concluded that it is likely that a majority of
16
persons who access the website are physically present in
17
Australia.
18
61FEX Online Gambling Advertisement Prohibition rules--phase
19
two
20
Within twelve months of the commencement of this Part, the
21
ACMA must make rules under section 61FEV to provide for the
22
prohibition of the following:
23
(a) the broadcast and datacast of:
24
(i) licensed interactive wagering service advertisements;
25
and
26
(ii) commentator betting odds promotion;
27
(b) the provision by online content service providers--of:
28
(i) licensed interactive wagering service advertisements;
29
and
30
(ii) commentator betting odds promotion;
31
during the period beginning one hour before the start of live coverage of
32
a sporting event and ending one hour after the end of live coverage of a
33
sporting event.
34
Staged implementation of prohibition of advertising of licensed interactive wagering
services
Schedule 1
No. , 2024
Interactive Gambling Amendment (Ban Gambling Ads) Bill 2024
15
61FEY Online Advertisement Gambling Prohibition rules--phase
1
three
2
Within two years of the commencement of this Part, the ACMA
3
must make rules under section 61FEV to provide for the
4
prohibition of the following during the period beginning at 6:00 pm
5
and ending at 10:00 pm:
6
(a) the broadcast or datacast of interactive wagering service
7
advertisements;
8
(b) the provision of interactive wagering service advertisements
9
by online content service providers.
10
61FEZ Online Advertisement Gambling Prohibition rules--phase
11
four
12
Within three years of the commencement of this Part, the ACMA
13
must make rules under section 61FEV to provide for the
14
prohibition of the following:
15
(a) the broadcast or datacast of a licensed interactive wagering
16
service advertisement in Australia;
17
(b) the provision of licensed interactive wagering service
18
advertisements by online content service providers in
19
Australia;
20
(c) the publication of a licensed interactive wagering service
21
advertisement in Australia.
22