Commonwealth Consolidated Acts

INTERACTIVE GAMBLING ACT 2001 - SECT 37

Object

  (1)   The object of this section is to set out the matters to be dealt with by an industry code or industry standard.

Matters that must be dealt with by industry code or industry standard

  (2)   The Parliament intends that, for internet service providers, there should be:

  (a)   an industry code or an industry standard that deals with; or

  (b)   an industry code and an industry standard that together deal with;

the designated internet gambling matters.

Designated alternative access - prevention arrangements

  (3)   An industry code or an industry standard may provide that an internet service provider is not required to deal with internet content notified under paragraph   24(1)(b) or section   26 by taking steps to prevent particular end - users from accessing the content if access by the end - users is subject to an arrangement that is declared by the code or standard to be a designated alternative access - prevention arrangement for the purposes of the application of this section to those end - users.

  (4)   An industry code developed by a body or association must not declare that a specified arrangement is a designated alternative access - prevention arrangement for the purposes of the application of this section to one or more specified end - users unless the body or association is satisfied that the arrangement is likely to provide a reasonably effective means of preventing access by those end - users to prohibited internet gambling content.

Note:   For specification by class, see subsection   33(3AB) of the Acts Interpretation Act 1901 .

  (5)   An industry standard determined by the ACMA must not declare that a specified arrangement is a designated alternative access - prevention arrangement for the purposes of the application of this section to one or more specified end - users unless the ACMA is satisfied that the arrangement is likely to provide a reasonably effective means of preventing access by those end - users to prohibited internet gambling content.

Note:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

  (6)   The following are examples of arrangements that could be declared to be designated alternative access - prevention arrangements:

  (a)   an arrangement that involves the use of regularly updated internet content filtering software;

  (b)   an arrangement that involves the use of a filtered internet carriage service.

  (7)   For the purposes of this Act, if an industry code:

  (a)   deals to any extent with procedures to be followed by internet service providers in dealing with internet content notified under paragraph   24(1)(b) or section   26; and

  (b)   makes provision as mentioned in subsection   (3);

then:

  (c)   the code is taken to deal with the matter set out in paragraph   35(b); and

  (d)   the code is taken to be consistent with subsection   (2).

  (8)   For the purposes of this Act, if an industry standard:

  (a)   deals to any extent with procedures to be followed by internet service providers in dealing with internet content notified under paragraph   24(1)(b) or section   26; and

  (b)   makes provision as mentioned in subsection   (3);

then:

  (c)   the standard is taken to deal with the matter set out in paragraph   35(b); and

  (d)   the standard is taken to be consistent with subsection   (2).