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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Interactive Gambling Amendment
(Prohibition on Credit Card Use) Bill
2020
No. , 2020
(Senator Griff)
A Bill for an Act to amend the
Interactive Gambling
Act 2001
, and for related purposes
No. , 2020
Interactive Gambling Amendment (Prohibition on Credit Card Use)
Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Interactive Gambling Act 2001
3
No. , 2020
Interactive Gambling Amendment (Prohibition on Credit Card Use)
Bill 2020
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 (Prohibition on
5
Credit Card Use) Act 2020
.
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 (Prohibition on Credit Card Use)
Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of 6
months beginning on 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repealed as set out in the applicable items in the Schedule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
Amendments
Schedule 1
No. , 2020
Interactive Gambling Amendment (Prohibition on Credit Card Use)
Bill 2020
3
Schedule 1--Amendments
1
2
Interactive Gambling Act 2001
3
1 Section 3
4
After:
5
(ca)
credit must not be provided to customers of certain
6
interactive wagering services;
7
insert:
8
(cb)
credit card payment must not be accepted from
9
customers of certain interactive wagering services;
10
2 Subparagraph 15C(1)(b)(ii)
11
Omit "other than", substitute "including".
12
3 Paragraph 15C(3)(b)
13
Omit "other than", substitute "including".
14
4 After Part 2B
15
Insert:
16
Part 2C--Credit card payment not to be accepted
17
from customers of certain interactive
18
wagering services
19
20
15H Simplified outline of this Part
21
•
Credit card payment must not be accepted from customers of
22
certain interactive wagering services.
23
•
The ACMA must conduct a review of the operation of this
24
Part.
25
Schedule 1
Amendments
4
Interactive Gambling Amendment (Prohibition on Credit Card Use)
Bill 2020
No. , 2020
15J Definitions
1
In this Part:
2
credit card
means:
3
(a) a card of a kind commonly known as a credit card; or
4
(b) a card of a kind that persons carrying on business commonly
5
issue to their customers, or prospective customers, for use in
6
obtaining goods or services from those persons on credit; or
7
(c) anything else that may be used as a card referred to in
8
paragraph (a) or (b).
9
credit card payment
means:
10
(a) payment by credit card; or
11
(b) payment from an account or service that relies on the
12
payment being made from a credit card linked to the account
13
or service.
14
15K Credit card payment by customers of certain interactive
15
wagering services not to be accepted
16
(1) A person commits an offence if:
17
(a) the person intentionally provides a regulated interactive
18
gambling service that is a wagering service; and
19
(b) either:
20
(i) the person accepts, or offers to accept, credit card
21
payment in connection with the provision of the service
22
to a customer, or prospective customer, who is
23
physically present in Australia; or
24
(ii) the person facilitates or promotes credit card payment in
25
connection with the provision of the service to a
26
customer, or prospective customer, who is physically
27
present in Australia.
28
Penalty: 500 penalty units.
29
(2) A person who contravenes subsection (1) commits a separate
30
offence in respect of each day (including a day of conviction for
31
the offence or any later day) during which the contravention
32
continues.
33
Amendments
Schedule 1
No. , 2020
Interactive Gambling Amendment (Prohibition on Credit Card Use)
Bill 2020
5
(3) A person who provides a regulated interactive gambling service
1
that is a wagering service must not:
2
(a) accept, or offer to accept, credit card payment in connection
3
with the provision of the service to a customer, or prospective
4
customer, who is physically present in Australia; or
5
(b) facilitate or promote credit card payment in connection with
6
the provision of the service to a customer, or prospective
7
customer, who is physically present in Australia.
8
Civil penalty:
750 penalty units.
9
(4) A person who contravenes subsection (3) commits a separate
10
contravention of that provision in respect of each day during which
11
the contravention occurs (including the day the relevant civil
12
penalty order is made or any later day).
13
(5) Subsections (1) and (3) do not apply if the person:
14
(a) did not know; and
15
(b) could not, with reasonable diligence, have ascertained;
16
that the customer, or prospective customer, as the case may be, was
17
physically present in Australia.
18
Note:
In the case of proceedings for an offence against subsection (1), the
19
defendant bears an evidential burden in relation to the matters in this
20
subsection (see subsection 13.3(3) of the
Criminal Code
).
21
(6) For the purposes of subsection (5), in determining whether the
22
person could, with reasonable diligence, have ascertained that the
23
customer, or prospective customer, as the case may be, was
24
physically present in Australia, the following matters are to be
25
taken into account:
26
(a) whether the customer, or prospective customer, as the case
27
may be, was informed that Australian law prohibits accepting
28
credit card payment from customers, or prospective
29
customers, who are physically present in Australia;
30
(b) whether the person required customers to provide personal
31
details and, if so, whether those details suggested that the
32
customer was not physically present in Australia;
33
(c) whether the person has network data that indicates that
34
customers were physically present outside Australia:
35
(i) when the relevant customer account was opened; and
36
Schedule 1
Amendments
6
Interactive Gambling Amendment (Prohibition on Credit Card Use)
Bill 2020
No. , 2020
(ii) throughout the period when the service was provided to
1
the customer;
2
(d) any other relevant matters.
3
(7) Section 15.4 of the
Criminal Code
(extended geographical
4
jurisdiction--category D) applies to an offence against
5
subsection (1).
6
15L Acquisition of property
7
(1) Section 15K has no effect to the extent (if any) to which its
8
operation would result in an acquisition of property (within the
9
meaning of paragraph 51(xxxi) of the Constitution) from a person
10
otherwise than on just terms (within the meaning of that
11
paragraph).
12
(2) Section 15K does not prevent a person from accepting a credit card
13
payment made before the commencement of that section.
14
15M Review of operation of this Part
15
(1) After the end of the 3-year period beginning at the commencement
16
of this section, the ACMA must conduct a review of the operation
17
of:
18
(a) this Part; and
19
(b) the remaining provisions of this Act, so far as they relate to
20
this Part.
21
Public consultation
22
(2) A review under subsection (1) must make provision for public
23
consultation.
24
Report
25
(3) The ACMA must:
26
(a) give the Minister a report of the review within 6 months after
27
the end of the 3-year period mentioned in subsection (1); and
28
(b) as soon as practicable after giving the report to the Minister,
29
publish the report on the ACMA's website.
30
Amendments
Schedule 1
No. , 2020
Interactive Gambling Amendment (Prohibition on Credit Card Use)
Bill 2020
7
(4) The Minister must cause copies of a report under subsection (3) to
1
be tabled in each House of the Parliament within 15 sitting days of
2
that House after the Minister receives the report.
3
5 After paragraph 16(ba)
4
Insert:
5
(bb) Part 2C; or
6
6 After subparagraph 21(1)(a)(iia)
7
Insert:
8
(iib) Part 2C; or
9
7 After paragraph 64A(ca)
10
Insert:
11
(cb) subsection 15K(3); or
12
8 After paragraph 64C(1)(ca)
13
Insert:
14
(cb) subsection 15K(3);
15
9 After paragraph 64D(1)(ca)
16
Insert:
17
(cb) subsection 15K(3);
18