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Interactions
Interactive Gambling Act 2001
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2005C00372 C06
01 July 2005
-
19 January 2008
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Part 1—Introduction
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Simplified outline
4 Definitions
5 Interactive gambling services
6 Prohibited Internet gambling services
8 Australian-customer link
8A Excluded wagering service
8B Excluded gaming service
8C Designated broadcasting link and designated datacasting link
8D Excluded lottery service
9A Designated country
9B Designated country-customer link
10 Exempt services
11 Extended meaning of use
12 Crown to be bound
13 Extension to external Territories
14 Extra-territorial application
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Part 2—Offence of providing an interactive gambling service to customers in Australia
15 Offence of providing an interactive gambling service to customers in Australia
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Part 2A—Offence of providing an Australian-based interactive gambling service to customers in designated countries
15A Offence of providing an Australian-based interactive gambling service to customers in designated countries
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Part 3—Complaints system: prohibited Internet gambling content
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Division 1—Making of complaints to the ACMA
16 Complaints about prohibited Internet gambling content
17 Complaints about breaches of online provider rules etc.
18 Form of complaint
19 Residency etc. of complainant
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Division 2—Investigations by the ACMA
20 Investigation of complaints by the ACMA
21 ACMA may investigate matters on its own initiative
22 Conduct of investigations
23 Protection from civil proceedings
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Division 3—Action to be taken in relation to a complaint about prohibited Internet gambling content hosted outside Australia
24 Action to be taken in relation to a complaint about prohibited Internet gambling content hosted outside Australia
25 Deferral of action in order to avoid prejudicing a criminal investigation
26 Anti-avoidance—notified Internet content
27 Anti-avoidance—special access-prevention notice
28 Compliance with access-prevention notices
29 Notification of Internet content
30 Application of notifications under this Division
31 ACMA may be taken to have issued access-prevention notices
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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
52 Public consultation on 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
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 interactive gambling services
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Division 1—Interpretation: definitions
61AA Definitions
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Division 2—Interpretation: interactive gambling service advertisement
61BA Basic meaning of interactive gambling service advertisement
61BB Exception—political communication
61BC Exception—Internet sites etc. and business documents
61BD Exception—premises of providers
61BE Exceptions—management advertisements etc.
61BF Exception—products or services having the same name as an 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 interactive gambling service advertisement
61CA Basic meaning of publish an 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 interactive gambling service advertisements in Australia
61DA 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 interactive gambling service advertisements in Australia
61EA Interactive gambling service advertisements not to be published in Australia
61EB Periodicals distributed outside Australia—acts of publication permitted
61EC Australian sporting and cultural events of international significance—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
61EG Defence—advertising under existing contracts or arrangements
61EH Defence—display of signs before 1 July 2003
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Division 6—Miscellaneous
61FA Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened
61FB Applications for the purposes of section 61EC
61FC Review of decisions
61FD Additional conditions for licences under the Broadcasting Services Act 1992
61FE Reports to Parliament
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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
65 Service of notices
66 Application of the Broadcasting Services Act 1992
67 Additional ACMA function—monitoring compliance with codes and standards
68 Review before 1 July 2003
69 Operation of State and Territory laws
69A Regulations about unenforceability of agreements relating to illegal interactive gambling services
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70 Regulations
Notes to the STYLEREF ShortT \* MERGEFORMAT Interactive Gambling Act 2001