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Interactions
Interactive Gambling Act 2001
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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C2024C00210 (C23)
11 June 2024
-
13 October 2024
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Table of contents
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Part 1—Introduction
1 Short title
2 Commencement
3 Simplified outline of this Act
4 Definitions
5 Prohibited interactive gambling services
8 Australian customer link
8AA Telephone betting service
8A Excluded wagering service
8B Excluded gaming service
8BA Place based betting service
8BB Trade promotion gambling service
8C Designated broadcasting link and designated datacasting link
8D Excluded lottery service
8E Regulated interactive gambling service
8F Prohibited internet gambling content
9A Designated country
9B Designated country customer link
10 Exempt services
10A Sporting event
10B In play betting service
11 Extended meaning of use
11A Credit
12 Crown to be bound
13 Extension to external Territories
14 Extra territorial application
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Part 2—Designated interactive gambling services not to be provided to customers in Australia
15 Prohibited interactive gambling services not to be provided to customers in Australia
15AA Unlicensed regulated interactive gambling services not to be provided to customers in Australia
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Part 2A—Australian based prohibited interactive gambling services not to be provided to customers in designated countries
15A Australian based prohibited interactive gambling services not to be provided to customers in designated countries
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Part 2B—Prohibitions relating to credit and digital currency for certain interactive wagering services
15B Simplified outline of this Part
15C Prohibitions relating to credit and digital currency for certain interactive wagering services
15D Exception—provider’s annual wagering turnover less than $30 million
15E Exception—customer is a gambling service provider
15F Acquisition of property
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Part 3—Complaints system: gambling services etc.
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Division 1—Making of complaints to the ACMA
16 Complaints in relation to gambling services etc.
17 Complaints about breaches of online provider rules etc.
18 Form of complaint
19 Residency etc. of complainant
Division 2—Investigations by the ACMA
21 ACMA may investigate matters
22 Conduct of investigations
23 Protection from civil proceedings
Division 3—Action to be taken in relation to prohibited internet gambling content
24 Action to be taken in relation to prohibited internet gambling content
25 Deferral of action in order to avoid prejudicing a criminal investigation
26 Anti avoidance—notified internet content
29 Notification of internet content
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Part 4—Complaints system: industry code and industry standard
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Division 1—Simplified outline
32 Simplified outline
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Division 2—Interpretation
33 Industry code
34 Industry standard
35 Designated internet gambling matters
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Division 3—General principles relating to industry code and industry standard
36 Statement of regulatory policy
37 Matters that must be dealt with by industry code and industry standard
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Division 4—Industry code
38 Registration of industry code
39 ACMA may request code
40 Publication of notice where no body or association represents internet service providers
41 Replacement of industry code
42 Compliance with industry code
43 Formal warnings—breach of industry code
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Division 5—Industry standard
44 ACMA may determine an industry standard if a request for an industry code is not complied with
45 ACMA may determine industry standard where no industry body or association formed
46 ACMA may determine industry standard—total failure of industry code
47 ACMA may determine industry standard—partial failure of industry code
48 Compliance with industry standard
49 Formal warnings—breach of industry standard
50 Variation of industry standard
51 Revocation of industry standard
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Division 6—Industry code and industry standard to be included on a Register
53 Industry code and industry standard to be included on a Register
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Part 5—Complaints system: online provider rules
54 Online provider rules
55 Compliance with online provider rules
56 Remedial directions—breach of online provider rules
57 Continuing offences
57A Continuing contravention of civil penalty provisions
58 Formal warnings—breach of online provider rules
59 Federal Court may order a person to cease supplying internet carriage services
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Part 6—Complaints system: protection from civil proceedings
60 Protection from civil proceedings
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Part 7—Complaints system: review of decisions
61 Review of decisions
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Part 7A—Prohibition of advertising of designated interactive gambling services
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Division 1—Interpretation: definitions
61AA Definitions
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Division 2—Interpretation: designated interactive gambling service advertisement
61BA Basic meaning of designated interactive gambling service advertisement
61BB Exception—political communication
61BC Exception—Websites etc. and business documents
61BD Exception—premises of providers
61BE Exceptions—management advertisements etc.
61BF Exception—products or services having the same name as a designated interactive gambling service
61BG Exception—anti gambling advertisements
61BGA Exception—advertisements of a kind specified in the regulations
61BH Definition
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Division 3—Interpretation: publication of designated interactive gambling service advertisements
61CA Basic meaning of publish a designated interactive gambling service advertisement
61CB Publish does not include broadcast or datacast
61CC Exception—trade communications
61CD Exception—advertisements in telephone directories
61CE Exception—ordinary activities of exempt libraries
61CF Exception—acknowledgments of assistance or support
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Division 4—Broadcasting or datacasting of designated interactive gambling service advertisements in Australia
61DA Designated interactive gambling service advertisements not to be broadcast or datacast in Australia
61DB Accidental or incidental broadcast or datacast permitted
61DC Broadcast or datacast of advertisements during flights of aircraft
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Division 5—Publication of designated interactive gambling service advertisements in Australia
61EA Designated interactive gambling service advertisements not to be published in Australia
61EB Periodicals distributed outside Australia—acts of publication permitted
61ED Accidental or incidental publication permitted
61EE Publication by person not receiving any benefit permitted
61EF Publication of advertisements during flights of aircraft
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Division 6—Miscellaneous
61FA Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened
61FD Additional conditions for licences under the Broadcasting Services Act 1992
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Part 7B—National Self exclusion Register
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Division 1—Introduction
61GA Simplified outline of this Part
61GB Definitions
61GC Proclaimed start day
61GD When an outstanding or pending bet is resolved
61GE Electronic messages
61GF Regulated electronic messages
61GG Regulated telemarketing calls
61GH Regulated direct marketing material
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Division 2—National Self exclusion Register
61HA National Self exclusion Register
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Division 3—Registration in the National Self exclusion Register
61JA Application for registration
61JB Applicable identification procedure
61JC Registration
61JD Bribery etc.
61JE Re registration
61JF Duration of registration
61JG Extension of duration of registration
61JH Expiry of registration
61JI Variation of the National Self exclusion Register—nominated support person
61JJ Variation of the National Self exclusion Register—other matters
61JK Deregistration—application by a registered individual
61JL Archived records consent
61JM Deregistration—other grounds
61JN Correction of the National Self exclusion Register
61JO Register rules may make further provision in relation to the National Self exclusion Register
61JP Licensed interactive wagering service providers must promote the National Self exclusion Register etc.
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Division 4—Prohibition of the provision of licensed interactive wagering services to registered individuals
61KA Prohibition of the provision of licensed interactive wagering services to registered individuals
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Division 5—Prohibition of the marketing of licensed interactive wagering services to registered individuals
61LA Regulated electronic message must not be sent to an electronic address of a registered individual
61LB Regulated telemarketing calls must not be made to a registered individual
61LC Regulated direct marketing material must not be sent to a registered individual
61LD Information about a registered individual must not be disclosed for marketing purposes
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Division 6—Rules about licensed interactive wagering service accounts etc.
61MA Licensed interactive wagering service account must not be opened for a registered individual
61MB Closure of a licensed interactive wagering service account held by a registered individual—no outstanding or pending bets
61MC Closure of a licensed interactive wagering service account held by a registered individual—outstanding or pending bets
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Division 7—Disclosure of protected information
61NA Protected information
61NB Unauthorised disclosure of protected information
61NC Access to the National Self exclusion Register by a licensed interactive wagering service provider
61ND Access to the National Self exclusion Register by a registered individual
61NE Access to the National Self exclusion Register by a nominated support person
61NF Disclosure to State/Territory wagering licensing or regulatory bodies
61NG Disclosure to Ministers
61NH Disclosure to public servants for advising their Ministers etc.
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Division 8—Collection of cost recovery levy
61PA When levy is due and payable
61PB Late payment penalty
61PC Recovery of levy and late payment penalty
61PD Refund of overpayment of levy or late payment penalty
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Division 9—Miscellaneous
61QA Computerised decision making
61QB Dealing with complaints
61QC Application of the Privacy Act 1988 to the Register operator
61QD Application of the Freedom of Information Act 1982 to the Register operator
61QE Implied freedom of political communication
61QF Review of this Part
61QG Evaluation of this Part
61QH Register rules
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Part 8—Miscellaneous
62 Application of Criminal Code
63 Conduct by directors, employees and agents
64 Service of summons or process on foreign corporations—criminal proceedings
64A Civil penalty provisions—formal warnings
64B Civil penalty provisions—enforcement
64C Civil penalty provisions—infringement notices
64D Civil penalty provisions—injunctions
64E Civil penalty provisions—enforceable undertakings
64F Civil penalty provisions—remedial directions
64G Continuing contraventions
65 Service of notices
66 Application of the Broadcasting Services Act 1992
67 Additional ACMA function—monitoring compliance with codes and standards
68 Register
69 Operation of State and Territory laws
69A Regulations about unenforceability of agreements relating to illegal interactive gambling services
70 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes