A Bill for an Act about online financial transactions connected with interactive gambling services, and other gambling matters including sports betting
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures) Act 2011.
2 Commencement
This Act commences on the 28th day after the day this Act receives the Royal Assent.
3 Prohibitions on corporations offering gambling services
(1) A corporation that offers a gambling service must not offer the following types of gambling:
(a) spot betting, exotic betting, in‑play betting or any similar form of betting; and
(b) betting on losing outcomes.
Penalty: 10,000 penalty units.
(2) In this section:
betting on losing outcomes has the meaning prescribed by the regulations.
exotic betting has the meaning prescribed by the regulations.
gambling service has the meaning prescribed by the regulations.
in‑play betting has the meaning prescribed by the regulations.
spot betting has the meaning prescribed by the regulations.
4 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
5 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments relating to online transactions
Interactive Gambling Act 2001
1 Section 4 (after the definition of Federal Court)
Insert:
financial transaction provider means an entity that facilitates regulated transactions.
2 Section 4 (after the definition of industry standard)
Insert:
interactive gambling payment means a payment made by way of a regulated transaction as consideration for the provision of an interactive gambling service.
3 Section 4 (after the definition of prohibited internet gambling service)
Insert:
regulated payment system means a system that is:
(a) provided using a telecommunications service (including an internet carriage service); and
(b) capable of giving effect to financial transactions; and
(c) of a kind prescribed for the purposes of this definition.
4 Section 4 (after the definition of prohibited internet gambling service)
Insert:
regulated transaction means a financial transaction effected using a regulated payment system, and includes but is not limited to:
(a) extending credit, or the proceeds of credit, to or on behalf of a person, including through the use of a credit card;
(b) an electronic fund transfer from or on behalf of a person;
(c) a transaction of a kind prescribed by the regulations for the purposes of this definition.
5 After Part 2A
Insert:
Part 2B—Financial transactions for interactive gambling payments
15B A customer may request that a payment be suspended or cancelled
(1) This section applies to:
(a) a regulated transaction that has commenced but has not been completed; or
(b) a series of 2 or more connected financial transactions, including at least one regulated transaction, that has commenced but has not been completed.
(2) If an interactive gambling payment is being made by way of the transaction or transactions, the customer who initiated the payment (or on whose behalf the payment was initiated, as the case may be) may request a financial transaction provider giving effect to the transaction to suspend or cancel the transaction.
15C Financial transaction provider not liable for suspended or cancelled payments
If a financial transaction provider suspends or cancels a transaction in accordance with a request under section 15G,the provider is not liable in any proceedings about the suspension or cancellation taken by or on behalf of an interactive gambling provider.
Schedule 2—Amendments relating to inducements to gamble
Interactive Gambling Act 2001
1 Section 4 (after paragraph (e) of the definition of gambling service)
Insert:
(ea) a service for the conduct of a game that is an inducement to gamble; or
2 Section 4 (after the definition of game)
Insert:
inducement to gamble has the meaning given by section 7.
3 After section 6
Insert:
7 Inducement to gamble
(1) A game is an inducement to gamble if:
(a) the game is a game of chance or a game of mixed chance and skill; and
(b) the service for the conduct of the game is provided to the customer with the intention of inducing the customer to use a gambling service.
(2) To avoid doubt, a game may be an inducement to gamble regardless of whether:
(a) the game is played for money or anything else of value; or
(b) a customer of the service gives or agrees to give consideration to play or enter the game.
(3) For the purposes of subsection (1), a service for the conduct of a game is taken to be provided with the intention of inducing a customer to use a gambling service if:
(a) the service for the conduct of the game is provided by a person who also provides a gambling service; or
(b) any element of the game invites or encourages the customer to use a gambling service; or
(c) any element or feature of the service for the conduct of the game encourages or invites the customer to use a gambling service; or
(d) any element or feature of the service for the conduct of the game provides direct or indirect links to a gambling service.
Schedule 3—Amendments relating to broadcasting about gambling
Broadcasting Services Act 1992
1 After section 43
Insert:
43AAA Advertising in relation to gambling—commercial television broadcasting licences
(1) The ACMA must ensure that, at all times after the commencement of this section, there is in force under section 43:
(a) a condition that has the effect of requiring the licensee of a commercial television broadcasting licence not to broadcast, during all G classified programs and all sports programs and sports related programs, any advertising of betting venues and online gambling sites; and
(b) a condition that has the effect of requiring the licensee of a commercial television broadcasting licence not to broadcast betting odds in relation to a matter if there is a commercial arrangement between the licensee or an agent of the licensee and the betting agency providing the betting odds.
(2) In this section:
agent of the licensee has the meaning prescribed by the regulations.
betting agency has the meaning prescribed by the regulations.
betting odds has the meaning prescribed by the regulations.
betting venue has the meaning prescribed by the regulations.
commercial arrangement has the meaning prescribed by the regulations.
G classified program has the meaning prescribed by the regulations.
online gambling site has the meaning prescribed by the regulations.
sports program has the meaning prescribed by the regulations.
sports related program has the meaning prescribed by the regulations.
2 After section 43AD
Insert:
43AAA Advertising in relation to gambling—commercial radio broadcasting licences
(1) The ACMA must ensure that, at all times after the commencement of this section, there is in force under section 43:
(a) a condition that has the effect of requiring the licensee of a commercial radio broadcasting licence not to broadcast, during all sports programs and sports related programs and during such periods as are specified in the condition, any advertising of betting venues and online gambling sites; and
(b) a condition that has the effect of requiring the licensee of a commercial radio broadcasting licence not to broadcast betting odds in relation to a matter if there is a commercial arrangement between the licensee or an agent of the licensee and the betting agency providing the betting odds.
(2) In this section:
agent of the licensee has the meaning prescribed by the regulations.
betting agency has the meaning prescribed by the regulations.
betting odds has the meaning prescribed by the regulations.
betting venue has the meaning prescribed by the regulations.
commercial arrangement has the meaning prescribed by the regulations.
online gambling site has the meaning prescribed by the regulations.
sports program has the meaning prescribed by the regulations.
sports related program has the meaning prescribed by the regulations.
3 At the end of section 100
Add:
(7) The ACMA must impose on all subscription television broadcasting licences:
(a) a condition that has the effect of requiring the licensee of the subscription television broadcasting licence not to broadcast, during all G classified programs and all sports programs and sports related programs, any advertising of betting venues and online gambling sites; and
(b) a condition that has the effect of requiring the licensee of the subscription television broadcasting licence not to broadcast betting odds in relation to a matter if there is a commercial arrangement between the licensee or an agent of the licensee and the betting agency providing the betting odds.
(8) In subsection (7):
agent of the licensee has the meaning prescribed by the regulations.
betting agency has the meaning prescribed by the regulations.
betting odds has the meaning prescribed by the regulations.
betting venue has the meaning prescribed by the regulations.
commercial arrangement has the meaning prescribed by the regulations.
G classified program has the meaning prescribed by the regulations.
online gambling site has the meaning prescribed by the regulations.
sports program has the meaning prescribed by the regulations.
sports related program has the meaning prescribed by the regulations.
Schedule 4—Amendments about obtaining a financial advantage by deception, in relation to a code of sport
Criminal Code Act 1995
1 After Division 135
Insert:
Division 135A— Obtaining a financial advantage by deception, in relation to a code of sport
135A.1 Definitions
In this Division:
code of sport has the meaning prescribed by the regulations.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
deception, in addition to the definition in section 133.1, includes:
(a) conduct by a person that contrives the outcome of a sporting match or the occurrence of a micro‑event during a sporting match;
(b) deliberate underperformance by a player during a sporting match that achieves a particular result in the sporting match;
(c) contriving the withdrawal of a player during a sporting match to achieve a particular result in the sporting match;
(d) use by a person of confidential information in relation to a code of sport, to which the person has access because of the person’s association with the code of sport, before that information is publicly available;
(e) making a deliberately incorrect refereeing or like decision during a sporting match to influence the outcome of the sporting match;
(f) deliberate interference before a sporting match with the equipment or playing surface to be used during the sporting match;
(g) offering a bribe or making a threat, or engaging in any other coercive behaviour, against a person to achieve a particular result in a sporting match;
(h) any other conduct prescribed by the regulations.
micro‑event has the meaning prescribed by the regulations.
sporting match has the meaning prescribed by the regulations.
135A.2 Constitutional basis for Division
This Division relies on:
(a) the Commonwealth’s legislative powers under paragraphs 51(i), (v) and (xx), and section 122, of the Constitution; and
(b) any implied legislative powers of the Commonwealth.
135A.3 Obtaining a financial advantage in relation to a code of sport by deception
A person is guilty of an offence if:
(a) the person, by a deception, dishonestly obtains a financial advantage from another person; and
(b) the other person is a constitutional corporation; or
(c) the deception affects the activities of a constitutional corporation; or
(d) the deception takes place in the course of trade or commerce:
(i) with other countries; or
(ii) among the States; or
(iii) between a State and a Territory; or
(e) the financial advantage is obtained in the course of trade or commerce:
(i) with other countries; or
(ii) among the States; or
(iii) between a State and a Territory; or
(f) the deception takes place in a Territory; or
(g) the financial advantage is obtained in a Territory.
Penalty: Imprisonment for 10 years or 10,000 penalty units, or both.