Commonwealth Consolidated Acts

INTERACTIVE GAMBLING ACT 2001 - SECT 61EA

  (1)   A person commits an offence if:

  (a)   the person publishes a designated interactive gambling service advertisement in Australia; and

  (b)   the publication is not permitted by section   61EB; and

  (d)   the publication is not permitted by section   61ED; and

  (e)   the publication is not permitted by section   61EE; and

  (f)   the publication is not permitted by section   61EF.

Penalty:   120 penalty units.

  (1A)   A person must not publish a designated interactive gambling service advertisement in Australia if:

  (a)   the publication is not permitted by section   61EB; and

  (b)   the publication is not permitted by section   61ED; and

  (c)   the publication is not permitted by section   61EE; and

  (d)   the publication is not permitted by section   61EF.

Civil penalty:   180 penalty units.

  (2)   A person commits an offence if:

  (a)   the person authorises or causes a designated interactive gambling service advertisement to be published in Australia; and

  (b)   the publication is not permitted by section   61EB; and

  (d)   the publication is not permitted by section   61ED; and

  (e)   the publication is not permitted by section   61EE; and

  (f)   the publication is not permitted by section   61EF.

Penalty:   120 penalty units.

  (2A)   A person must not authorise or cause a designated interactive gambling service advertisement to be published in Australia if:

  (a)   the publication is not permitted by section   61EB; and

  (b)   the publication is not permitted by section   61ED; and

  (c)   the publication is not permitted by section   61EE; and

  (d)   the publication is not permitted by section   61EF.

Civil penalty:   180 penalty units.

  (3)   For the purposes of this section, a designated interactive gambling service advertisement that is included on a website is taken to be published in Australia if, and only if:

  (a)   the website is accessed, or is available for access, by end - users in Australia; and

  (b)   having regard to:

  (i)   the content of the website; and

  (ii)   the way the website is advertised or promoted;

    it would be concluded that it is likely that a majority of persons who access the website are physically present in Australia.