Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person intentionally provides a regulated interactive gambling service that is a wagering service; and
(b) either:
(i) the person provides, or offers to provide, credit in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia; or
(ii) the person facilitates or promotes the provision of credit, by a third person, in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia.
(1A) A person commits an offence if the person:
(a) intentionally provides a regulated interactive gambling service that is a wagering service; and
(b) accepts, or offers to accept, payment in connection with the service using a method mentioned in subsection (4A) from a customer, or prospective customer, of the service who is physically present in Australia.
(2) A person who contravenes subsection (1) or (1A) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues.
(3) A person who provides a regulated interactive gambling service that is a wagering service must not:
(a) provide, or offer to provide, credit in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia; or
(b) facilitate or promote the provision of credit, by a third person, in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia.
Civil penalty: 750 penalty units.
(3A) A person contravenes this subsection if the person:
(a) provides a regulated interactive gambling service that is a wagering service; and
(b) accepts, or offers to accept, payment in connection with the service using a method mentioned in subsection (4A) from a customer, or prospective customer, of the service who is physically present in Australia.
Civil penalty: 750 penalty units.
(4) A person who contravenes subsection (3) or (3A) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).
(4A) For the purposes of paragraphs (1A)(b) and (3A)(b), the methods of payment are as follows:
(a) a credit card;
(b) an account, service or facility in which payment is made from a credit card linked to the account, service or facility;
(c) digital currency;
(d) a method of a kind determined by the Minister by legislative instrument for the purposes of this paragraph.
(5) Subsections (1) , (1A), (3) and (3A) do not apply if the person:
(a) did not know; and
(b) could not, with reasonable diligence, have ascertained;
that the customer, or prospective customer, as the case may be, was physically present in Australia.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(5A) Subsections (1A) and (3A) do not apply if the person:
(a) did not know; and
(b) could not, with reasonable diligence, have ascertained;
that the person was accepting, or offering to accept, payment using a method mentioned in subsection (4A).
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(6) For the purposes of subsection (5), in determining whether the person could, with reasonable diligence, have ascertained that the customer, or prospective customer, as the case may be, was physically present in Australia, the following matters are to be taken into account:
(a) whether the customer, or prospective customer, as the case may be, was informed that Australian law prohibits the provision of credit to, or payment by the methods mentioned in subsection (4A) from, customers, or prospective customers, who are physically present in Australia;
(b) whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia;
(c) whether the person has network data that indicates that customers were physically present outside Australia:
(i) when the relevant customer account was opened; and
(ii) throughout the period when the service was provided to the customer;
(d) any other relevant matters.
Extended geographical jurisdiction of offences
(8) Section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection (1) or (1A) .