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Act No. 84 of 2001 as amended, taking into account amendments up to Statute Law Revision Act (No. 1) 2016
An Act about interactive gambling, and for related purposes
Administered by: Communications and the Arts
Registered 08 Jun 2016
Start Date 10 Mar 2016

Interactive Gambling Act 2001

No. 84, 2001

Compilation No. 14

Compilation date:                              10 March 2016

Includes amendments up to:            Act No. 4, 2016

Registered:                                         8 June 2016

 

 

About this compilation

This compilation

This is a compilation of the Interactive Gambling Act 2001 that shows the text of the law as amended and in force on 10 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Introduction                                                                                                            1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Simplified outline................................................................................ 1

4............ Definitions.......................................................................................... 3

5............ Interactive gambling services.............................................................. 7

6............ Prohibited internet gambling services.................................................. 8

8............ Australian‑customer link..................................................................... 9

8A......... Excluded wagering service.................................................................. 9

8B......... Excluded gaming service................................................................... 10

8C......... Designated broadcasting link and designated datacasting link........... 10

8D......... Excluded lottery service.................................................................... 11

9A......... Designated country........................................................................... 12

9B......... Designated country‑customer link..................................................... 13

10.......... Exempt services................................................................................ 13

11.......... Extended meaning of use.................................................................. 13

12.......... Crown to be bound........................................................................... 13

13.......... Extension to external Territories........................................................ 14

14.......... Extra‑territorial application................................................................ 14

Part 2—Offence of providing an interactive gambling service to customers in Australia             15

15.......... Offence of providing an interactive gambling service to customers in Australia      15

Part 2A—Offence of providing an Australian‑based interactive gambling service to customers in designated countries                                                                                        17

15A....... Offence of providing an Australian‑based interactive gambling service to customers in designated countries         17

Part 3—Complaints system: prohibited internet gambling content      20

Division 1—Making of complaints to the ACMA                                        20

16.......... Complaints about prohibited internet gambling content..................... 20

17.......... Complaints about breaches of online provider rules etc.................... 20

18.......... Form of complaint............................................................................. 21

19.......... Residency etc. of complainant........................................................... 21

Division 2—Investigations by the ACMA                                                        22

21.......... ACMA may investigate matters........................................................ 22

22.......... Conduct of investigations.................................................................. 23

23.......... Protection from civil proceedings...................................................... 23

Division 3—Action to be taken in relation to a complaint about prohibited internet gambling content hosted outside Australia                                                                  24

24.......... Action to be taken in relation to a complaint about prohibited internet gambling content hosted outside Australia   24

25.......... Deferral of action in order to avoid prejudicing a criminal investigation.. 26

26.......... Anti‑avoidance—notified internet content......................................... 27

27.......... Anti‑avoidance—special access‑prevention notice............................ 27

28.......... Compliance with access‑prevention notices...................................... 28

29.......... Notification of internet content.......................................................... 29

30.......... Application of notifications under this Division................................ 29

31.......... ACMA may be taken to have issued access‑prevention notices........ 29

Part 4—Complaints system: industry code and industry standard      31

Division 1—Simplified outline                                                                                31

32.......... Simplified outline.............................................................................. 31

Division 2—Interpretation                                                                                       32

33.......... Industry code.................................................................................... 32

34.......... Industry standard.............................................................................. 32

35.......... Designated internet gambling matters................................................ 32

Division 3—General principles relating to industry code and industry standard            33

36.......... Statement of regulatory policy........................................................... 33

37.......... Matters that must be dealt with by industry code and industry standard.. 33

Division 4—Industry code                                                                                        36

38.......... Registration of industry code............................................................ 36

39.......... ACMA may request code................................................................. 37

40.......... Publication of notice where no body or association represents internet service providers        38

41.......... Replacement of industry code........................................................... 38

42.......... Compliance with industry code......................................................... 38

43.......... Formal warnings—breach of industry code...................................... 39

Division 5—Industry standard                                                                              40

44.......... ACMA may determine an industry standard if a request for an industry code is not complied with        40

45.......... ACMA may determine industry standard where no industry body or association formed       41

46.......... ACMA may determine industry standard—total failure of industry code                41

47.......... ACMA may determine industry standard—partial failure of industry code             42

48.......... Compliance with industry standard................................................... 44

49.......... Formal warnings—breach of industry standard................................ 44

50.......... Variation of industry standard........................................................... 44

51.......... Revocation of industry standard........................................................ 44

Division 6—Industry code and industry standard to be included on a Register               45

53.......... Industry code and industry standard to be included on a Register..... 45

Part 5—Complaints system: online provider rules                                          46

54.......... Online provider rules........................................................................ 46

55.......... Compliance with online provider rules.............................................. 46

56.......... Remedial directions—breach of online provider rules....................... 46

57.......... Continuing offences.......................................................................... 47

58.......... Formal warnings—breach of online provider rules........................... 47

59.......... Federal Court may order a person to cease supplying internet carriage services       47

Part 6—Complaints system: protection from civil proceedings               49

60.......... Protection from civil proceedings...................................................... 49

Part 7—Complaints system: review of decisions                                               50

61.......... Review of decisions.......................................................................... 50

Part 7A—Prohibition of advertising of interactive gambling services 52

Division 1—Interpretation: definitions                                                             52

61AA.... Definitions........................................................................................ 52

Division 2—Interpretation: interactive gambling service advertisement             55

61BA.... Basic meaning of interactive gambling service advertisement.......... 55

61BB..... Exception—political communication................................................. 55

61BC..... Exception—Websites etc. and business documents.......................... 56

61BD.... Exception—premises of providers.................................................... 56

61BE..... Exceptions—management advertisements etc................................... 57

61BF..... Exception—products or services having the same name as an interactive gambling service     57

61BG.... Exception—anti‑gambling advertisements........................................ 58

61BGA. Exception—advertisements of a kind specified in the regulations..... 58

61BH.... Definition.......................................................................................... 58

Division 3—Interpretation: publication of interactive gambling service advertisement              59

61CA.... Basic meaning of publish an interactive gambling service advertisement 59

61CB..... Publish does not include broadcast or datacast.................................. 60

61CC..... Exception—trade communications.................................................... 60

61CD.... Exception—advertisements in telephone directories.......................... 60

61CE..... Exception—ordinary activities of exempt libraries............................ 60

61CF..... Exception—acknowledgments of assistance or support.................... 61

Division 4—Broadcasting or datacasting of interactive gambling service advertisements in Australia                                                                                                                      62

61DA.... Interactive gambling service advertisements not to be broadcast or datacast in Australia         62

61DB.... Accidental or incidental broadcast or datacast permitted.................... 62

61DC.... Broadcast or datacast of advertisements during flights of aircraft..... 63

Division 5—Publication of interactive gambling service advertisements in Australia  64

61EA..... Interactive gambling service advertisements not to be published in Australia           64

61EB..... Periodicals distributed outside Australia—acts of publication permitted  65

61ED..... Accidental or incidental publication permitted................................... 65

61EE..... Publication by person not receiving any benefit permitted................ 65

61EF..... Publication of advertisements during flights of aircraft..................... 66

Division 6—Miscellaneous                                                                                       67

61FA..... Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened 67

61FD..... Additional conditions for licences under the Broadcasting Services Act 1992         67

61FE..... Reports to Parliament........................................................................ 68

Part 8—Miscellaneous                                                                                                       70

62.......... Application of Criminal Code........................................................... 70

63.......... Conduct by directors, employees and agents..................................... 70

64.......... Service of summons or process on foreign corporations—criminal proceedings     72

65.......... Service of notices.............................................................................. 73

66.......... Application of the Broadcasting Services Act 1992.......................... 73

67.......... Additional ACMA function—monitoring compliance with codes and standards     73

69.......... Operation of State and Territory laws............................................... 73

69A....... Regulations about unenforceability of agreements relating to illegal interactive gambling services          74

70.......... Regulations....................................................................................... 74

Endnotes                                                                                                                                    75

Endnote 1—About the endnotes                                                                            75

Endnote 2—Abbreviation key                                                                                77

Endnote 3—Legislation history                                                                             78

Endnote 4—Amendment history                                                                           80


An Act about interactive gambling, and for related purposes

Part 1Introduction

  

1  Short title

                   This Act may be cited as the Interactive Gambling Act 2001.

2  Commencement

             (1)  Subject to this section, this Act commences on the day on which it receives the Royal Assent.

             (2)  Parts 2 and 7A commence on the 28th day after the day on which this Act receives the Royal Assent.

          (2A)  Part 2A commences on the 28th day after the day on which this Act receives the Royal Assent.

             (3)  The following provisions of this Act commence on a day to be fixed by Proclamation:

                     (a)  Part 3;

                     (b)  section 42;

                     (c)  section 43;

                     (d)  section 48;

                     (e)  section 49;

                      (f)  Part 5.

             (4)  If the provisions referred to in subsection (3) do not commence under that subsection within the period of 6 months after the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period.

3  Simplified outline

                   The following is a simplified outline of this Act:

•      This Act regulates interactive gambling services by:

               (a)     prohibiting interactive gambling services from being provided to customers in Australia; and

             (aa)     prohibiting Australian‑based interactive gambling services from being provided to customers in designated countries; and

              (b)     establishing a complaints‑based system to deal with internet gambling services where the relevant content (prohibited internet gambling content) is available for access by customers in Australia.

•      A person may complain to the ACMA about prohibited internet gambling content.

•      If prohibited internet gambling content is hosted in Australia and the ACMA considers that the complaint should be referred to an Australian police force, the ACMA must refer the complaint to a member of an Australian police force.

•      If prohibited internet gambling content is hosted outside Australia, the ACMA must:

               (a)     if the ACMA considers that the content should be referred to a law enforcement agency—notify the content to a member of an Australian police force; and

              (b)     notify the content to internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard (for example, procedures relating to the provision of regularly updated internet content filtering software to subscribers).

•      Bodies and associations that represent internet service providers may develop an industry code.

•      The ACMA has a reserve power to make an industry standard if there is no industry code or if an industry code is deficient.

•      This Act prohibits the advertising of interactive gambling services.

4  Definitions

                   In this Act, unless the contrary intention appears:

access has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.

ACMA means the Australian Communications and Media Authority.

Australia, when used in a geographical sense, includes the external Territories.

Australian‑customer link has the meaning given by section 8.

Australian police force means:

                     (a)  the Australian Federal Police; or

                     (b)  the police force of a State or Territory.

bet includes wager.

broadcasting service means a broadcasting service (as defined by the Broadcasting Services Act 1992) provided in Australia.

business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis. To avoid doubt, the fact that a club or association provides services to its members does not prevent those services from being services provided in the course of carrying on a business.

civil proceeding includes a civil action.

content service means a content service (as defined by the Telecommunications Act 1997) provided using a listed carriage service.

datacasting licence has the same meaning as in the Broadcasting Services Act 1992.

datacasting service means a datacasting service (within the meaning of the Broadcasting Services Act 1992) that is provided in Australia under a datacasting licence.

designated broadcasting link has the meaning given by section 8C.

designated country has the meaning given by section 9A.

designated country‑customer link has the meaning given by section 9B.

designated datacasting link has the meaning given by section 8C.

designated internet gambling matter has the meaning given by section 35.

designated notification scheme means a scheme:

                     (a)  in the nature of a scheme for substituted service; and

                     (b)  under which the ACMA is taken, for the purposes of this Act, to have notified each internet service provider of a matter or thing.

Note:          For example, the ACMA may make matters or things available on the internet (with or without security measures).

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

excluded gaming service has the meaning given by section 8B.

excluded lottery service has the meaning given by section 8D.

excluded wagering service has the meaning given by section 8A.

exempt service has the meaning given by section 10.

Federal Court means the Federal Court of Australia.

gambling service means:

                     (a)  a service for the placing, making, receiving or acceptance of bets; or

                     (b)  a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; or

                     (c)  a service for the conduct of a lottery; or

                     (d)  a service for the supply of lottery tickets; or

                     (e)  a service for the conduct of a game, where:

                              (i)  the game is played for money or anything else of value; and

                             (ii)  the game is a game of chance or of mixed chance and skill; and

                            (iii)  a customer of the service gives or agrees to give consideration to play or enter the game; or

                      (f)  a gambling service (within the ordinary meaning of that expression) that is not covered by any of the above paragraphs.

game includes an electronic game.

industry code has the meaning given by section 33.

industry standard has the meaning given by section 34.

interactive gambling service has the meaning given by section 5.

Note:          This definition relates to the offences created by section 15 and Part 7A.

internet carriage service means a listed carriage service that enables end‑users to access the internet.

internet content has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.

internet service provider has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.

listed carriage service has the same meaning as in the Telecommunications Act 1997.

lottery includes an electronic lottery.

online provider rule has the meaning given by section 54.

prohibited internet gambling content means internet content that is accessed, or available for access, by an end‑user in the capacity of customer of a prohibited internet gambling service.

Note:          This definition relates to the complaints system.

prohibited internet gambling service has the meaning given by section 6.

Note:          This definition relates to the complaints system.

special access‑prevention notice means a notice under section 27.

standard access‑prevention notice means a notice under paragraph 24(1)(c).

standard telephone service has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

telephone betting service means a gambling service provided on the basis that dealings with customers are wholly by way of voice calls made using a standard telephone service.

ticket includes an electronic ticket.

voice call means:

                     (a)  a voice call within the ordinary meaning of that expression; or

                     (b)  a call that involves a recorded or synthetic voice; or

                     (c)  if a call covered by paragraph (a) or (b) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs;

whether or not the customer responds by way of pressing buttons on a telephone handset or similar thing.

5  Interactive gambling services

             (1)  For the purposes of this Act, an interactive gambling service is a gambling service, where:

                     (a)  the service is provided in the course of carrying on a business; and

                     (b)  the service is provided to customers using any of the following:

                              (i)  an internet carriage service;

                             (ii)  any other listed carriage service;

                            (iii)  a broadcasting service;

                            (iv)  any other content service;

                             (v)  a datacasting service.

Note:          This definition relates to the offences created by section 15 and Part 7A.

             (2)  Subsection (1) has effect subject to subsection (3).

Excluded services

             (3)  For the purposes of this Act, none of the following services is an interactive gambling service:

                     (a)  a telephone betting service;

                    (aa)  an excluded wagering service (see section 8A);

                   (ab)  an excluded gaming service (see section 8B);

                    (ac)  a service that has a designated broadcasting link (see section 8C);

                   (ad)  a service that has a designated datacasting link (see section 8C);

                    (ae)  an excluded lottery service (see section 8D);

                     (b)  a service to the extent to which it relates to the entering into of contracts that are financial products within the meaning of Chapter 7 of the Corporations Act 2001;

                     (c)  an exempt service (see section 10).

6  Prohibited internet gambling services

             (1)  For the purposes of this Act, a prohibited internet gambling service is a gambling service, where:

                     (a)  the service is provided in the course of carrying on a business; and

                     (b)  the service is provided to customers using an internet carriage service; and

                     (c)  an individual who is physically present in Australia is capable of becoming a customer of the service.

Note:          This definition relates to the complaints system.

          (1A)  For the purposes of paragraph (1)(c), in determining whether an individual who is physically present in Australia is capable of becoming a customer of a service, it is to be assumed that the individual will not falsify or conceal the individual’s identity or location.

             (2)  Subsection (1) has effect subject to subsection (3).

Excluded services

             (3)  For the purposes of this Act, none of the following services is a prohibited internet gambling service:

                    (aa)  an excluded wagering service (see section 8A);

                   (ab)  an excluded gaming service (see section 8B);

                    (ac)  a service that has a designated broadcasting link (see section 8C);

                   (ad)  a service that has a designated datacasting link (see section 8C);

                    (ae)  an excluded lottery service (see section 8D);

                     (a)  a service to the extent to which it relates to the entering into of contracts that are financial products within the meaning of Chapter 7 of the Corporations Act 2001;

                     (b)  an exempt service (see section 10).

8  Australian‑customer link

                   For the purposes of this Act, a gambling service has an Australian‑customer link if, and only if, any or all of the customers of the service are physically present in Australia.

8A  Excluded wagering service

             (1)  For the purposes of this Act, an excluded wagering service is:

                     (a)  a service to the extent to which it relates to betting on, or on a series of, any or all of the following:

                              (i)  a horse race;

                             (ii)  a harness race;

                            (iii)  a greyhound race;

                            (iv)  a sporting event;

                     (b)  a service to the extent to which it relates to betting on:

                              (i)  an event; or

                             (ii)  a series of events; or

                            (iii)  a contingency;

                            that is not covered by paragraph (a).

          (1A)  Subsection (1) does not apply to a service unless such other conditions (if any) as are specified in the regulations have been satisfied.

             (2)  Paragraphs (1)(a) and (b) do not apply to a service to the extent to which:

                     (a)  the service relates to betting on the outcome of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event; or

                     (b)  the service relates to betting on a contingency that may or may not happen in the course of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event.

             (3)  Paragraph (1)(b) does not apply to a service to the extent to which the service is:

                     (a)  a service for the conduct of a scratch lottery or other instant lottery; or

                     (b)  a service for the supply of tickets in a scratch lottery or other instant lottery; or

                     (c)  a service relating to betting on the outcome of a scratch lottery or other instant lottery; or

                     (d)  a service for the conduct of a game covered by paragraph (e) of the definition of gambling service in section 4; or

                     (e)  a service relating to betting on the outcome of a game of chance or of mixed chance and skill.

8B  Excluded gaming service

             (1)  For the purposes of this Act, an excluded gaming service is a service for the conduct of a game covered by paragraph (e) of the definition of gambling service in section 4, to the extent to which the service is provided to customers who are in a public place.

          (1A)  Subsection (1) does not apply to a service unless such other conditions (if any) as are specified in the regulations have been satisfied.

             (2)  In this section:

public place means a place, or a part of a place, to which the public, or a section of the public, ordinarily has access, whether or not by payment or by invitation (including, for example, a shop, casino, bar or club).

section of the public includes the members of a particular club, society or organisation, but does not include a group consisting only of persons with a common workplace or a common employer.

8C  Designated broadcasting link and designated datacasting link

Designated broadcasting link

             (1)  For the purposes of this Act, a gambling service has a designated broadcasting link if:

                     (a)  either:

                              (i)  the service is expressly and exclusively associated with a particular program, or a particular series of programs, broadcast on a broadcasting service; or

                             (ii)  the sole purpose of the gambling service is to promote goods or services (other than gambling services) that are the subject of advertisements broadcast on a broadcasting service, and the gambling service is associated with those advertisements; and

                     (b)  such other conditions (if any) as are specified in the regulations have been satisfied.

Designated datacasting link

             (2)  For the purposes of this Act, a gambling service has a designated datacasting link if:

                     (a)  either:

                              (i)  the service is expressly and exclusively associated with particular content, or a particular series of content, transmitted on a datacasting service; or

                             (ii)  the sole purpose of the gambling service is to promote goods or services (other than gambling services) that are the subject of advertisements transmitted on a datacasting service, and the gambling service is associated with those advertisements; and

                     (b)  such other conditions (if any) as are specified in the regulations have been satisfied.

             (3)  In this section:

content, in relation to a datacasting service, does not include advertising or sponsorship material.

program has the same meaning as in the Broadcasting Services Act 1992, but does not include advertising or sponsorship material.

8D  Excluded lottery service

             (1)  For the purposes of this Act, an excluded lottery service is:

                     (a)  a service for the conduct of a lottery; or

                     (b)  a service for the supply of lottery tickets.

          (1A)  Subsection (1) does not apply to a service unless such other conditions (if any) as are specified in the regulations have been satisfied.

          (1B)  Without limiting subsection (1A), a condition specified in regulations made for the purposes of that subsection may provide that the lottery must not be:

                     (a)  a highly repetitive or frequently drawn form of a keno‑type lottery; or

                     (b)  a similar lottery.

             (2)  Subsection (1) does not apply to an electronic form of:

                     (a)  scratch lottery; or

                     (b)  other instant lottery.

9A  Designated country

             (1)  The Minister may, by legislative instrument, declare that a specified foreign country is a designated country for the purposes of this Act.

             (2)  A declaration under subsection (1) has effect accordingly.

             (3)  The Minister must not declare a foreign country under subsection (1) unless:

                     (a)  the government of the country has requested the Minister to make the declaration; and

                     (b)  there is in force in that country legislation that corresponds to section 15.

             (4)  At least 90 days before making a declaration under subsection (1), the Minister must cause to be published a notice:

                     (a)  in the Gazette; and

                     (b)  in a newspaper circulating in each State, in the Northern Territory and in the Australian Capital Territory;

setting out the Minister’s intention to make the declaration.

             (5)  In deciding whether to declare a foreign country under subsection (1), the Minister must have due regard to:

                     (a)  any complaints; and

                     (b)  any supporting statements;

made by the government of that country.

9B  Designated country‑customer link

                   For the purposes of this Act, a gambling service has a designated country‑customer link if, and only if, any or all of the customers of the service are physically present in a designated country.

10  Exempt services

             (1)  The Minister may, by legislative instrument, determine that each service included in a specified class of services is an exempt service for the purposes of this Act.

             (2)  A determination under subsection (1) has effect accordingly.

11  Extended meaning of use

                   Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:

                     (a)  in isolation; or

                     (b)  in conjunction with one or more other things.

12  Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence.

             (3)  The protection in subsection (2) does not apply to an authority of the Crown.

13  Extension to external Territories

                   This Act extends to every external Territory.

14  Extra‑territorial application

                   Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.

Part 2Offence of providing an interactive gambling service to customers in Australia

  

15  Offence of providing an interactive gambling service to customers in Australia

             (1)  A person commits an offence if:

                     (a)  the person intentionally provides an interactive gambling service; and

                     (b)  the service has an Australian‑customer link (see section 8).

Penalty:  2,000 penalty units.

             (2)  A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

             (3)  Subsection (1) does not apply if the person:

                     (a)  did not know; and

                     (b)  could not, with reasonable diligence, have ascertained;

that the service had an Australian‑customer link.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  For the purposes of subsection (3), in determining whether the person could, with reasonable diligence, have ascertained that the service had an Australian‑customer link, the following matters are to be taken into account:

                     (a)  whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in Australia;

                     (b)  whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in Australia;

                     (c)  whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia;

                     (d)  whether the person has network data that indicates that customers were physically present outside Australia:

                              (i)  when the relevant customer account was opened; and

                             (ii)  throughout the period when the service was provided to the customer;

                     (e)  any other relevant matters.

             (5)  Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

Part 2AOffence 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

             (1)  A person commits an offence if:

                     (a)  the person intentionally provides an Australian‑based interactive gambling service; and

                     (b)  the service has a designated country‑customer link (see section 9B).

Penalty:  2,000 penalty units.

             (2)  A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues.

             (3)  Subsection (1) does not apply if the person:

                     (a)  did not know; and

                     (b)  could not, with reasonable diligence, have ascertained;

that the service had a designated country‑customer link.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  For the purposes of subsection (3), in determining whether the person could, with reasonable diligence, have ascertained that the service had a designated country‑customer link, the following matters are to be taken into account:

                     (a)  whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in a designated country;

                     (b)  whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in a designated country;

                     (c)  whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in a designated country;

                     (d)  whether the person has network data that indicates that customers were physically present outside a designated country:

                              (i)  when the relevant customer account was opened; and

                             (ii)  throughout the period when the service was provided to the customer;

                     (e)  any other relevant matters.

             (5)  Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

             (6)  For the purposes of this section, an Australian‑based interactive gambling service is an interactive gambling service, where the service has an Australian‑provider link.

             (7)  For the purposes of this section, an interactive gambling service has an Australian‑provider link if, and only if:

                     (a)  the service is provided in the course of carrying on a business in Australia; or

                     (b)  the central management and control of the service is in Australia; or

                     (c)  the service is provided through an agent in Australia; or

                     (d)  the service is provided to customers using an internet carriage service, and any or all of the relevant internet content is hosted in Australia.

             (8)  For the purposes of this section, the relevant internet content, in relation to an interactive gambling service, is internet content that is accessed, or available for access, by an end‑user in the capacity of customer of the service.

Part 3Complaints system: prohibited internet gambling content

Division 1Making of complaints to the ACMA

16  Complaints about prohibited internet gambling content

             (1)  If a person has reason to believe that end‑users in Australia can access prohibited internet gambling content using an internet carriage service, the person may make a complaint to the ACMA about the matter.

Content of complaint

             (2)  A complaint under subsection (1) about particular internet content must:

                     (a)  identify the internet content; and

                     (b)  set out how to access the internet content (for example: set out a URL or a password); and

                     (c)  if the complainant knows the country or countries in which the internet content is hosted—set out the name of that country or those countries; and

                     (d)  set out the complainant’s reasons for believing that the internet content is prohibited internet gambling content; and

                     (e)  set out such other information (if any) as the ACMA requires.

17  Complaints about breaches of online provider rules etc.

                   If a person has reason to believe that:

                     (a)  an internet service provider has contravened a code registered under Part 4 that is applicable to the provider; or

                     (b)  an internet service provider has contravened an online provider rule that is applicable to the provider;

the person may make a complaint to the ACMA about the matter.

18  Form of complaint

             (1)  A complaint under this Division is to be in writing.

             (2)  However, the ACMA may permit complaints to be given, in accordance with specified software requirements, by way of a specified kind of electronic transmission.

19  Residency etc. of complainant

                   A person is not entitled to make a complaint under this Division unless the person is:

                     (a)  an individual who resides in Australia; or

                     (b)  a body corporate that carries on activities in Australia; or

                     (c)  the Commonwealth, a State or a Territory.

Division 2Investigations by the ACMA

21  ACMA may investigate matters

             (1)  The ACMA may , on its own initiative or in response to a complaint made under Division 1, investigate any of the following matters if the ACMA thinks that it is desirable to do so:

                     (a)  whether an internet service provider is supplying an internet carriage service that enables end‑users to access prohibited internet gambling content hosted outside Australia;

                     (b)  whether:

                              (i)  an internet service provider has contravened a code registered under Part 4 that is applicable to the provider; or

                             (ii)  an internet service provider has contravened an online provider rule that is applicable to the provider.

Internet content hosted in Australia—referral of complaint to an Australian police force

             (2)  If a complaint relates to internet content hosted in Australia:

                     (a)  the ACMA must not investigate the complaint; and

                     (b)  if the ACMA considers that the complaint should be referred to an Australian police force—the ACMA must:

                              (i)  refer the complaint to a member of an Australian police force; and

                             (ii)  give written notice to the complainant stating that the complaint has been so referred.

             (3)  The manner in which a complaint may be referred under subsection (2) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between the ACMA and the chief (however described) of the police force concerned.

             (4)  If a complaint is referred to a member of an Australian police force under subsection (2), the member may refer the complaint to a member of another Australian police force.

             (5)  This section does not, by implication, limit the ACMA’s powers to refer other matters to a member of an Australian police force.

22  Conduct of investigations

             (1)  An investigation under this Division is to be conducted as the ACMA thinks fit.

             (2)  The ACMA may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as it thinks fit.

             (3)  This section has effect subject to Part 13 of the Broadcasting Services Act 1992 (which confers certain investigative powers on the ACMA).

23  Protection from civil proceedings

                   Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith:

                     (a)  the making of a complaint under Division 1;

                     (b)  the making of a statement to, or the giving of a document or information to, the ACMA in connection with an investigation under this Division.

Division 3Action 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

             (1)  If, in the course of an investigation under Division 2, the ACMA is satisfied that internet content hosted outside Australia is prohibited internet gambling content, the ACMA must:

                     (a)  if the ACMA considers the content should be referred to a law enforcement agency (whether in or outside Australia)—notify the content to:

                              (i)  a member of an Australian police force; or

                             (ii)  if there is an arrangement between the ACMA and the chief (however described) of an Australian police force under which the ACMA is authorised to notify the content to another person or body (whether in or outside Australia)—that other person or body; and

                     (b)  if a code registered, and/or a standard determined, under Part 4 deals exclusively with the designated internet gambling matters—notify the content to internet service providers under the designated notification scheme set out in the code or standard, as the case may be; and

                     (c)  if paragraph (b) does not apply—give each internet service provider known to the ACMA a written notice (a standard access‑prevention notice) directing the provider to take all reasonable steps to prevent end‑users from accessing the content.

Note:          The ACMA may be taken to have given a notice under paragraph (c)—see section 31.

             (2)  For the purposes of paragraph (1)(c), in determining whether particular steps are reasonable, regard must be had to:

                     (a)  the technical and commercial feasibility of taking the steps; and

                     (b)  the matters set out in subsection 4(3) of the Broadcasting Services Act 1992.

             (3)  Subsection (2) does not, by implication, limit the matters to which regard must be had.

Recognised alternative access‑prevention arrangements

             (4)  An internet service provider is not required to comply with a standard access‑prevention notice in relation to a particular end‑user if access by the end‑user is subject to a recognised alternative access‑prevention arrangement (as defined by subsection (5)) that is applicable to the end‑user.

             (5)  The ACMA may, by legislative instrument, declare that a specified arrangement is a recognised alternative access‑prevention arrangement for the purposes of the application of this Division to one or more specified end‑users if 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 recognised alternative access‑prevention arrangements under subsection (5):

                     (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.

Referral to law enforcement agency

             (8)  The manner in which internet content may be notified under paragraph (1)(a) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between the ACMA and the chief (however described) of the police force concerned.

             (9)  If a member of an Australian police force is notified of particular internet content under this section, the member may notify the content to a member of another law enforcement agency (whether in or outside Australia).

           (10)  This section does not, by implication, limit the ACMA’s powers to refer other matters to a member of an Australian police force.

25  Deferral of action in order to avoid prejudicing a criminal investigation

             (1)  If:

                     (a)  in the course of an investigation under Division 2, the ACMA is satisfied that internet content hosted outside Australia is prohibited internet gambling content; and

                     (b)  apart from this subsection, the ACMA would be required to take action under subsection 24(1) in relation to the content; and

                     (c)  a member of an Australian police force satisfies the ACMA that the taking of that action should be deferred until the end of a particular period in order to avoid prejudicing a criminal investigation;

the ACMA may defer taking that action until the end of that period.

             (2)  Subsection (1) has effect despite anything in section 24.

26  Anti‑avoidance—notified internet content

                   If:

                     (a)  particular internet content has been notified to internet service providers as mentioned in paragraph 24(1)(b); and

                     (b)  the ACMA is satisfied that internet content (the similar internet content) that is the same as, or substantially similar to, the first‑mentioned internet content is being hosted outside Australia; and

                     (c)  the ACMA is satisfied that the similar internet content is prohibited internet gambling content; and

                     (d)  a code registered, and/or standard determined, under Part 4 deals exclusively with the designated internet gambling matters;

the ACMA must notify the similar internet content to internet service providers under the designated notification scheme set out in the code or standard, as the case may be.

27  Anti‑avoidance—special access‑prevention notice

             (1)  If:

                     (a)  a standard access‑prevention notice relating to particular internet content is applicable to a particular internet service provider; and

                     (b)  the ACMA is satisfied that the internet service provider is supplying an internet carriage service that enables end‑users to access internet content (the similar internet content) that is the same as, or substantially similar to, the internet content identified in the standard access‑prevention notice; and

                     (c)  the ACMA is satisfied that the similar internet content is prohibited internet gambling content;

the ACMA may give the provider a written notice (special access‑prevention notice) directing the provider to take all reasonable steps to prevent end‑users from accessing the similar internet content at any time when the standard access‑prevention notice is in force.

Note:          The ACMA may be taken to have given a notice under this section—see section 31.

             (2)  For the purposes of subsection (1), in determining whether particular steps are reasonable, regard must be had to:

                     (a)  the technical and commercial feasibility of taking the steps; and

                     (b)  the matters set out in subsection 4(3) of the Broadcasting Services Act 1992.

             (3)  Subsection (2) does not, by implication, limit the matters to which regard must be had.

Recognised alternative access‑prevention arrangements

             (4)  An internet service provider is not required to comply with a special access‑prevention notice in relation to a particular end‑user if access by the end‑user is subject to a recognised alternative access‑prevention arrangement (as defined by subsection 24(5)) that is applicable to the end‑user.

28  Compliance with access‑prevention notices

Standard access‑prevention notice

             (1)  An internet service provider must comply with a standard access‑prevention notice that applies to the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.

Special access‑prevention notice

             (2)  An internet service provider must comply with a special access‑prevention notice that applies to the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.

Note:          For enforcement, see Part 5.

29  Notification of internet content

                   Internet content may be notified in accordance with this Division by:

                     (a)  setting out the content; or

                     (b)  describing the content; or

                     (c)  in any other way.

30  Application of notifications under this Division

                   A notification under this Division applies to particular internet content only to the extent to which the content is accessed, or available for access, from a website, or a distinct part of a website, specified in the notification.

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

31  ACMA may be taken to have issued access‑prevention notices

             (1)  Subject to subsection (2), the ACMA may, by legislative instrument, formulate a scheme:

                     (a)  in the nature of a scheme for substituted service; and

                     (b)  under which the ACMA is taken, for the purposes of this Act, to have done any or all of the following:

                              (i)  given each internet service provider a standard access‑prevention notice under paragraph 24(1)(c);

                             (ii)  given each internet service provider a special access‑prevention notice under section 27.

             (2)  It is a minimum requirement for a scheme formulated under subsection (1) that each internet service provider be alerted by electronic means to the existence of a notice.

Note:          For example, it is not sufficient for the ACMA to make notices available on the internet (with or without security measures) without notifying internet service providers that a notice has been issued.

             (3)  Paragraph 24(1)(c) has effect, in relation to a scheme under subsection (1), as if the reference in that paragraph to each internet service provider known to the ACMA were a reference to each internet service provider.

Part 4Complaints system: industry code and industry standard

Division 1Simplified outline

32  Simplified outline

                   The following is a simplified outline of this Part.

•      A body or association that represents internet service providers may develop an industry code that deals with the designated internet gambling matters (see section 35).

•      An industry code may be registered by the ACMA.

•      Compliance with an industry code is voluntary unless the ACMA directs a particular internet service provider to comply with the code.

•      The ACMA has a reserve power to make an industry standard if there is no industry code or if an industry code is deficient.

•      Compliance with an industry standard is mandatory.

Division 2Interpretation

33  Industry code

                   For the purposes of this Act, an industry code is a code developed under this Part (whether or not in response to a request under this Part).

34  Industry standard

                   For the purposes of this Act, an industry standard is a standard determined under this Part.

35  Designated internet gambling matters

                   For the purposes of this Act, the following matters are designated internet gambling matters:

                     (a)  the formulation of a designated notification scheme;

                     (b)  procedures to be followed by internet service providers in dealing with internet content notified under paragraph 24(1)(b) or section 26 (for example, procedures relating to the provision of regularly updated internet content filtering software to subscribers).

Division 3General principles relating to industry code and industry standard

36  Statement of regulatory policy

             (1)  The Parliament intends that a body or association that the ACMA is satisfied represents internet service providers should develop a single code (industry code) that:

                     (a)  is to apply to internet service providers; and

                     (b)  deals exclusively with the designated internet gambling matters.

             (2)  The Parliament intends that an industry code developed, or industry standard determined, under this Part is to be in addition to any codes developed, or standards determined, under Schedule 5 or 7 to the Broadcasting Services Act 1992.

             (3)  The Parliament intends that this Part does not, by implication, limit the matters that may be dealt with by any codes developed, or standards determined, under Schedule 5 or 7 to the Broadcasting Services Act 1992.

             (4)  The Parliament intends that the ACMA should make reasonable efforts to ensure that either:

                     (a)  an industry code is registered under this Part before Part 3 commences; or

                     (b)  an industry standard is registered under this Part before Part 3 commences.

37  Matters that must be dealt with by industry code and industry standard

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).

Division 4Industry code

38  Registration of industry code

             (1)  This section applies if:

                     (a)  the ACMA is satisfied that a body or association represents internet service providers; and

                     (b)  that body or association develops an industry code that applies to internet service providers and deals exclusively with the designated internet gambling matters; and

                     (c)  the body or association gives a copy of the code to the ACMA; and

                     (d)  the ACMA is satisfied that the code provides appropriate community safeguards for the designated internet gambling matters; and

                     (e)  the ACMA is satisfied that, before giving the copy of the code to the ACMA:

                              (i)  the body or association published a draft of the code and invited members of the public to make submissions to the body or association about the draft within a specified period; and

                             (ii)  the body or association gave consideration to any submissions that were received from members of the public within that period; and

                      (f)  the ACMA is satisfied that, before giving the copy of the code to the ACMA:

                              (i)  the body or association published a draft of the code and invited internet service providers to make submissions to the body or association about the draft within a specified period; and

                             (ii)  the body or association gave consideration to any submissions that were received from internet service providers within that period.

             (2)  The ACMA must register the code by including it in the Register of industry codes kept under section 53.

             (3)  A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.

             (4)  If:

                     (a)  an industry code (the new code) is registered under this Part; and

                     (b)  the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new code is registered.

39  ACMA may request code

             (1)  If the ACMA is satisfied that a body or association represents internet service providers, the ACMA may, by written notice given to the body or association, request the body or association to:

                     (a)  develop an industry code that applies to internet service providers and deals exclusively with the designated internet gambling matters; and

                     (b)  give the ACMA a copy of the code within the period specified in the notice.

             (2)  The period specified in a notice under subsection (1) must run for at least 120 days.

             (3)  The ACMA must not make a request under subsection (1) unless the ACMA is satisfied that, in the absence of the request, it is unlikely that an industry code would be developed within a reasonable period.

             (4)  The ACMA may vary a notice under subsection (1) by extending the period specified in the notice.

             (5)  Subsection (4) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901.

             (6)  A notice under subsection (1) may specify indicative targets for achieving progress in the development of the code (for example, a target of 60 days to develop a preliminary draft of the code).

40  Publication of notice where no body or association represents internet service providers

             (1)  If the ACMA is satisfied that internet service providers are not represented by a body or association, the ACMA may publish a notice in the Gazette stating that, if such a body or association were to come into existence within a specified period, the ACMA would be likely to give a notice to that body or association under subsection 39(1).

             (2)  The period specified in a notice under subsection (1) must run for at least 60 days.

41  Replacement of industry code

             (1)  Changes to an industry code are to be achieved by replacing the code instead of varying the code.

             (2)  If the replacement code differs only in minor respects from the original code, section 38 has effect, in relation to the registration of the code, as if paragraphs 38(1)(e) and (f) had not been enacted.

Note:          Paragraphs 38(1)(e) and (f) deal with submissions about draft codes.

42  Compliance with industry code

             (1)  If:

                     (a)  a person is an internet service provider; and

                     (b)  the ACMA is satisfied that the person has contravened, or is contravening, an industry code that is registered under this Part;

the ACMA may, by written notice given to the person, direct the person to comply with the industry code.

             (2)  A person must comply with a direction under subsection (1).

Note:          For enforcement, see Part 5.

43  Formal warnings—breach of industry code

                   The ACMA may issue a formal warning if an internet service provider contravenes an industry code registered under this Part.

Division 5Industry standard

44  ACMA may determine an industry standard if a request for an industry code is not complied with

             (1)  This section applies if:

                     (a)  the ACMA has made a request under subsection 39(1) in relation to the development of a code that is to:

                              (i)  apply to internet service providers; and

                             (ii)  deal exclusively with the designated internet gambling matters; and

                     (b)  any of the following conditions is satisfied:

                              (i)  the request is not complied with;

                             (ii)  if indicative targets for achieving progress in the development of the code were specified in the notice of request—any of those indicative targets were not met;

                            (iii)  the request is complied with, but the ACMA subsequently refuses to register the code.

             (2)  The ACMA may, by legislative instrument, determine a standard that applies to internet service providers in relation to the designated internet gambling matters. A standard under this subsection is to be known as an industry standard.

             (3)  Before determining an industry standard under this section, the ACMA must consult the body or association to whom the request mentioned in paragraph (1)(a) was made.

             (5)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

45  ACMA may determine industry standard where no industry body or association formed

             (1)  This section applies if:

                     (a)  the ACMA is satisfied that internet service providers are not represented by a body or association; and

                     (b)  the ACMA has published a notice under subsection 40(1); and

                     (c)  that notice states that, if such a body or association were to come into existence within a particular period, the ACMA would be likely to give a notice to that body or association under subsection 39(1); and

                     (d)  no such body or association comes into existence within that period.

             (2)  The ACMA may, by legislative instrument, determine a standard that applies to internet service providers and deals exclusively with the designated internet gambling matters. A standard under this subsection is to be known as an industry standard.

             (4)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

46  ACMA may determine industry standard—total failure of industry code

             (1)  This section applies if:

                     (a)  an industry code that:

                              (i)  applies to internet service providers; and

                             (ii)  deals exclusively with the designated internet gambling matters;

                            has been registered under this Part for at least 180 days; and

                     (b)  the ACMA is satisfied that the code is totally deficient (as defined by subsection (7)); and

                     (c)  the ACMA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and

                     (d)  that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to internet service providers and deals exclusively with the designated internet gambling matters.

             (2)  The period specified in a notice under paragraph (1)(c) must run for at least 30 days.

             (3)  The ACMA may, by legislative instrument, determine a standard that applies to internet service providers and deals exclusively with the designated internet gambling matters. A standard under this subsection is to be known as an industry standard.

             (4)  If the ACMA is satisfied that a body or association represents internet service providers, the ACMA must consult the body or association before determining an industry standard under subsection (3).

             (6)  The industry code ceases to be registered under this Part on the day on which the industry standard comes into force.

             (7)  For the purposes of this section, an industry code that applies to internet service providers and deals exclusively with the designated internet gambling matters is totally deficient if, and only if, the code is not operating to provide appropriate community safeguards in relation to the designated internet gambling matters.

             (8)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

47  ACMA may determine industry standard—partial failure of industry code

             (1)  This section applies if:

                     (a)  an industry code that:

                              (i)  applies to internet service providers; and

                             (ii)  deals exclusively with the designated internet gambling matters; and

                            has been registered under this Part for at least 180 days; and

                     (b)  section 46 does not apply to the code; and

                     (c)  the ACMA is satisfied that the code is deficient (as defined by subsection (7)) to the extent to which the code deals with one of the designated internet gambling matters (the deficient matter); and

                     (d)  the ACMA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and

                     (e)  that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to internet service providers and deals with the deficient matter.

             (2)  The period specified in a notice under paragraph (1)(c) must run for at least 30 days.

             (3)  The ACMA may, by legislative instrument, determine a standard that applies to internet service providers and deals with the deficient matter. A standard under this subsection is to be known as an industry standard.

             (4)  If the ACMA is satisfied that a body or association represents internet service providers, the ACMA must consult the body or association before determining an industry standard under subsection (3).

             (6)  On and after the day on which the industry standard comes into force, the industry code has no effect to the extent to which it deals with the deficient matter. However, this subsection does not affect:

                     (a)  the continuing registration of the remainder of the industry code; or

                     (b)  any investigation, proceeding or remedy in respect of a contravention of the industry code or section 42 that occurred before that day.

             (7)  For the purposes of this section, an industry code that applies to internet service providers and deals exclusively with the designated internet gambling matters is deficient to the extent to which it deals with a particular one of the designated internet gambling matters if, and only if, the code is not operating to provide appropriate community safeguards in relation to that matter.

             (8)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.

48  Compliance with industry standard

                   If:

                     (a)  an industry standard that applies to internet service providers is registered under this Part; and

                     (b)  a person is an internet service provider;

the person must comply with the industry standard.

Note:          For enforcement, see Part 5.

49  Formal warnings—breach of industry standard

                   The ACMA may issue a formal warning if an internet service provider contravenes an industry standard registered under this Part.

50  Variation of industry standard

                   The ACMA may, by legislative instrument, vary an industry standard that applies to internet service providers if it is satisfied that it is necessary or convenient to do so to provide appropriate community safeguards in relation to either or both of the designated internet gambling matters.

51  Revocation of industry standard

             (1)  The ACMA may, by legislative instrument, revoke an industry standard.

             (2)  If:

                     (a)  an industry code is registered under this Part; and

                     (b)  the code is expressed to replace an industry standard;

the industry standard is revoked when the code is registered.

Division 6Industry code and industry standard to be included on a Register

53  Industry code and industry standard to be included on a Register

             (1)  The ACMA is to maintain a Register in which the ACMA includes:

                     (a)  all industry codes required to be registered under this Part; and

                     (b)  all industry standards; and

                     (c)  all requests made under section 39; and

                     (d)  all notices under section 40; and

                     (e)  all directions under section 42.

             (2)  The Register may be maintained by electronic means.

             (3)  The Register is to be made available for inspection on the internet.

Part 5Complaints system: online provider rules

  

54  Online provider rules

                   For the purposes of this Act, each of the following is an online provider rule:

                     (a)  the rule set out in subsection 28(1);

                     (b)  the rule set out in subsection 28(2);

                     (c)  the rule set out in subsection 42(2);

                     (d)  the rule set out in section 48.

55  Compliance with online provider rules

                   A person commits an offence if:

                     (a)  an online provider rule is applicable to the person; and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes the rule.

Penalty:  50 penalty units.

Note:          See also section 57.

56  Remedial directions—breach of online provider rules

             (1)  This section applies if an internet service provider has contravened, or is contravening, an online provider rule.

             (2)  The ACMA may give the provider a written direction requiring the provider to take specified action directed towards ensuring that the provider does not contravene the rule, or is unlikely to contravene the rule, in the future.

             (3)  The following are examples of the kinds of direction that may be given to an internet service provider under subsection (2):

                     (a)  a direction that the provider implement effective administrative systems for monitoring compliance with an online provider rule;

                     (b)  a direction that the provider implement a system designed to give the provider’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of an online provider rule, in so far as those requirements affect the employees, agents or contractors concerned.

             (4)  A person commits an offence if:

                     (a)  the person is subject to a direction under subsection (2); and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes the direction.

Penalty for contravention of this subsection:        50 penalty units.

Note:          See also section 57.

57  Continuing offences

             (1)  A person who contravenes section 55 or subsection 56(4) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues.

             (2)  If an offence against this Part is a continuing offence, the maximum penalty for each day that the offence continues is 10% of the maximum penalty that could be imposed in respect of the principal offence.

58  Formal warnings—breach of online provider rules

                   The ACMA may issue a formal warning if a person contravenes an online provider rule.

59  Federal Court may order a person to cease supplying internet carriage services

             (1)  If the ACMA is satisfied that a person who is an internet service provider is supplying an internet carriage service otherwise than in accordance with an online provider rule, the ACMA may apply to the Federal Court for an order that the person cease supplying that internet carriage service.

             (2)  If the Federal Court is satisfied, on such an application, that the person is supplying an internet carriage service otherwise than in accordance with the online provider rule, the Federal Court may order the person to cease supplying that internet carriage service.

Part 6Complaints system: protection from civil proceedings

  

60  Protection from civil proceedings

             (1)  Civil proceedings do not lie against an internet service provider in respect of anything done by the provider in compliance with:

                     (a)  a code registered under Part 4 of this Act; or

                     (b)  a standard determined under Part 4 of this Act;

in so far as the code or standard deals with the procedures referred to in paragraph 35(b).

             (2)  Civil proceedings do not lie against an internet service provider in respect of anything done by the provider in compliance with section 28.

Part 7Complaints system: review of decisions

  

61  Review of decisions

             (1)  An application may be made to the Tribunal for a review of any of the following decisions made by the ACMA:

                     (a)  a decision to give an internet service provider a standard access‑prevention notice;

                     (b)  a decision to give an internet service provider a special access‑prevention notice;

                     (c)  a decision under section 42 or 56 to:

                              (i)  give a direction to an internet service provider; or

                             (ii)  vary a direction that is applicable to an internet service provider; or

                            (iii)  refuse to revoke a direction that is applicable to an internet service provider.

             (2)  An application under subsection (1) may only be made by the internet service provider concerned.

             (3)  An application may be made to the Tribunal for a review of a decision of the ACMA under section 38 to refuse to register a code.

             (4)  An application under subsection (3) may only be made by the body or association that developed the code.

             (5)  If the ACMA makes a decision that is reviewable under this section, the ACMA is to include in the document by which the decision is notified:

                     (a)  a statement setting out the reasons for the decision; and

                     (b)  a statement to the effect that an application may be made to the Tribunal for a review of the decision.

             (6)  In this section:

Tribunal means:

                     (a)  before the commencement of Parts 4 to 10 of the Administrative Review Tribunal Act 2001—the Administrative Appeals Tribunal; and

                     (b)  after the commencement of Parts 4 to 10 of the Administrative Review Tribunal Act 2001—the Administrative Review Tribunal.

Part 7AProhibition of advertising of interactive gambling services

Division 1Interpretation: definitions

61AA  Definitions

                   In this Part, unless the contrary intention appears:

broadcast means transmit by means of a broadcasting service.

broadcasting service means a service that delivers television programs or radio programs to persons having equipment appropriate for receiving that service, whether the delivery uses the radiofrequency spectrum, cable, optical fibre, satellite or any other means or a combination of those means, but does not include:

                     (a)  a datacasting service; or

                     (b)  a service that delivers programs using the internet, where the delivery does not use the broadcasting services bands.

broadcasting services bands has the same meaning as in the Broadcasting Services Act 1992.

datacast means transmit by means of a datacasting service.

display includes continue to display.

exempt library means:

                     (a)  a public library; or

                     (b)  a library of a tertiary educational institution; or

                     (c)  a library of an authority of the Commonwealth or of a State or Territory.

government or political matters means government or political matters relating to any level of government in Australia, and includes any of the following matters:

                     (a)  participation in, association with and communications in relation to any election or appointment to public office;

                     (b)  political views or public conduct relating to activities that have become the subject of political debate;

                     (c)  the performance, conduct, capacity or fitness for office of a person elected or appointed to, or seeking election or appointment to, any public office;

                     (d)  the actions or policies, or proposed actions or policies, of any government in Australia or any Australian political party.

interactive gambling service advertisement has the meaning given by Division 2.

interactive gambling service provider means a person who provides an interactive gambling service.

periodical means an issue (however described) of a newspaper, magazine, journal, newsletter, or other similar publication, issues of which are published at regular or irregular intervals.

program has the same meaning as in the Broadcasting Services Act 1992.

public place means a place, or a part of a place, to which the public, or a section of the public, ordinarily has access, whether or not by payment or by invitation (including, for example, a shop, restaurant, hotel, cinema or club).

publish:

                     (a)  in relation to an interactive gambling service advertisement, has the meaning given by Division 3; and

                     (b)  in relation to something other than an interactive gambling service advertisement, has a meaning equally as broad as it has in relation to an interactive gambling service advertisement.

section of the public includes:

                     (a)  the members of a particular club, society or organisation; and

                     (b)  a group consisting only of persons with a common workplace or a common employer.

workplace means premises in which employees or contractors work, other than any part of such premises that is primarily used as a private dwelling.

Division 2Interpretation: interactive gambling service advertisement

61BA  Basic meaning of interactive gambling service advertisement

             (1)    For the purposes of this Part, an interactive gambling service advertisement is any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote:

                     (a)  an interactive gambling service; or

                     (b)  interactive gambling services in general; or

                     (c)  the whole or part of a trade mark in respect of an interactive gambling service; or

                     (d)  a domain name or URL that relates to an interactive gambling service; or

                     (e)  any words that are closely associated with an interactive gambling service (whether also closely associated with other kinds of services or products).

             (2)  This section has effect subject to sections 61BB, 61BC, 61BD, 61BE, 61BF, 61BG and 61BGA.

61BB  Exception—political communication

             (1)  To avoid doubt, if:

                     (a)  something (the advertisement) does not promote, and is not intended to promote, any particular interactive gambling service or services; and

                     (b)  the advertisement relates solely to government or political matters;

the advertisement is not an interactive gambling service advertisement for the purposes of this Part.

             (2)  Without limiting paragraph (1)(a), the use in an advertisement of the whole name of an interactive gambling service provider does not, of itself, constitute promotion of an interactive gambling service or interactive gambling services for the purposes of paragraph (1)(a).

             (3)  Subsection (2) does not apply in relation to the use of a name referred to in that subsection in a way prohibited by regulations made for the purposes of this subsection.

             (4)  Section 61BA does not apply to the extent (if any) that it would infringe any doctrine of implied freedom of political communication.

61BC  Exception—Websites etc. and business documents

                   Words, signs or symbols that appear:

                     (a)  on the website of an interactive gambling service that is provided to customers using an internet carriage service, or on or at an equivalent point of provision of any other interactive gambling service; or

                     (b)  as part of the standard wording of an invoice, statement, order form, letterhead, business card, cheque, manual, or other document ordinarily used in the normal course of the business of an interactive gambling service provider (whether or not the document is in electronic form);

do not, when so appearing, constitute an interactive gambling service advertisement (but this does not prevent a still or moving screen shot of a website or equivalent point of provision referred to in paragraph (a), or a still or moving picture or other visual image of a document referred to in paragraph (b), from being an interactive gambling service advertisement).

61BD  Exception—premises of providers

                   Words, signs or symbols that appear in or on land or buildings occupied by an interactive gambling service provider do not, when so appearing, constitute an interactive gambling service advertisement (but this does not prevent a still or moving picture, or other visual image, of words, signs or symbols that so appear from being an interactive gambling service advertisement).

61BE  Exceptions—management advertisements etc.

                   To avoid doubt, none of the following constitutes an interactive gambling service advertisement:

                     (a)  the doing of anything that is, or apart from this Part would be, required to be done by any other law of the Commonwealth or by any law of a State or Territory;

                     (b)  an advertisement (for example, an advertisement for staff or calling for tenders), relating to the internal management of the business of an interactive gambling service provider, that does not promote an interactive gambling service;

                     (c)  the taking of any action to prevent persons becoming victims of fraud or any other dishonest or unethical conduct.

61BF  Exception—products or services having the same name as an interactive gambling service

             (1)  If:

                     (a)  apart from this section, something (the advertisement) that relates to a product, or a service, that is not an interactive gambling service would, technically, be an interactive gambling service advertisement because the name, or part of the name, of the product or service is the same as, or substantially similar to, the name, or part of the name, of:

                              (i)  an interactive gambling service; or

                             (ii)  an interactive gambling service provider; and

                     (b)  the manufacturer, distributor or retailer of the product, or the provider of the service, is not associated in any way with the interactive gambling service provider concerned;

then, despite section 61BA, the advertisement is not an interactive gambling service advertisement for the purposes of this Part.

Related bodies corporate taken to be associated with each other

             (2)  Without limiting the circumstances in which 2 persons would, apart from this subsection, be taken to be associated with each other for the purposes of subsection (1), 2 bodies corporate that are related to each other are taken to be associated with each other for the purposes of that subsection.

             (3)  For the purposes of subsection (2), the question whether 2 bodies corporate are related to each other is to be determined in the same way as the question would be determined under the Corporations Act 2001.

61BG  Exception—anti‑gambling advertisements

                   If:

                     (a)  apart from this section, something (the advertisement) would, technically, be an interactive gambling service advertisement; and

                     (b)  it is clear from the advertisement that its sole or principal purpose is to discourage the use of gambling services or particular kinds of gambling services;

then, despite section 61BA, the advertisement is not an interactive gambling service advertisement for the purposes of this Part.

61BGA  Exception—advertisements of a kind specified in the regulations

                   The regulations may provide that an advertisement of a kind specified in the regulations is not an interactive gambling service advertisement for the purposes of this Part.

61BH  Definition

                   In this Division:

words includes abbreviations, initials and numbers.

Division 3Interpretation: publication of interactive gambling service advertisement

61CA  Basic meaning of publish an interactive gambling service advertisement

             (1)  For the purposes of this Part, a person publishes an interactive gambling service advertisement if the person does any of the following things:

                     (a)  the person includes the advertisement, or something that contains the advertisement, on a website;

                     (b)  the person includes the advertisement in a document (including, for example, a newspaper, magazine, program, leaflet or ticket) that is available, or distributed, to the public or a section of the public;

                     (c)  the person includes the advertisement in a film, video, television program or radio program that is, or is intended to be, seen or heard by the public or a section of the public;

                     (d)  the person:

                              (i)  sells, hires or supplies the advertisement, or something containing the advertisement, to the public or a section of the public; or

                             (ii)  offers the advertisement, or something containing the advertisement, for sale or supply to, or hire by, the public or a section of the public;

                     (e)  the person displays, screens or plays the advertisement, or something that contains the advertisement, so that it can be seen or heard in or from:

                              (i)  a public place; or

                             (ii)  public transport; or

                            (iii)  a workplace;

                      (f)  the person otherwise:

                              (i)  brings the advertisement, or something that contains the advertisement, to the notice of; or

                             (ii)  disseminates the advertisement, or something that contains the advertisement, to;

                            the public, or a section of the public, by any means (including, for example, by means of a film, video, computer disk or electronic medium).

             (2)  This section has effect subject to sections 61CB, 61CC, 61CD, 61CE and 61CF.

61CB  Publish does not include broadcast or datacast

                   For the purposes of this Part, the broadcasting or datacasting of an interactive gambling service advertisement by a person does not amount to the publication of the advertisement by the person.

61CC  Exception—trade communications

                   For the purposes of this Part, the communication of information that is or includes an interactive gambling service advertisement to a group of people all of whom are involved in the provision of interactive gambling services, does not, of itself, amount to a publication of the interactive gambling service advertisement.

61CD  Exception—advertisements in telephone directories

             (1)  For the purposes of this Part, the publication of the name of an interactive gambling service provider in a telephone directory does not, of itself, amount to the publication of an interactive gambling service advertisement.

             (2)  Subsection (1) does not apply if:

                     (a)  the publication is on the internet; and

                     (b)  the entry for the provider contains a link to a website for the provider that relates to an interactive gambling service.

61CE  Exception—ordinary activities of exempt libraries

                   Nothing that a person does for the purposes of the ordinary activities of an exempt library amounts, for the purposes of this Part, to a publication of an interactive gambling service advertisement.

61CF  Exception—acknowledgments of assistance or support

                   For the purposes of this Part, the publication of an acknowledgment of assistance or support does not amount to the publication of an interactive gambling service advertisement if it complies with regulations made for the purposes of this section that permit the publication of such acknowledgments.

Division 4Broadcasting or datacasting of interactive gambling service advertisements in Australia

61DA  Interactive gambling service advertisements not to be broadcast or datacast in Australia

             (1)  A person commits an offence if:

                     (a)  the person broadcasts or datacasts an interactive gambling service advertisement in Australia; and

                     (b)  the broadcast or datacast is not permitted by section 61DB; and

                     (c)  the broadcast or datacast is not permitted by section 61DC.

Penalty:  120 penalty units.

             (2)  A person commits an offence if:

                     (a)  the person authorises or causes an interactive gambling service advertisement to be broadcast or datacast in Australia; and

                     (b)  the broadcast or datacast is not permitted by section 61DB; and

                     (c)  the broadcast or datacast is not permitted by section 61DC.

Penalty for contravention of this subsection:        120 penalty units.

61DB  Accidental or incidental broadcast or datacast permitted

             (1)  A person may broadcast or datacast an interactive gambling service advertisement if:

                     (a)  the person broadcasts or datacasts the advertisement as an accidental or incidental accompaniment to the broadcasting or datacasting of other matter; and

                     (b)  the person does not receive any direct or indirect benefit (whether financial or not) for broadcasting or datacasting the advertisement (in addition to any direct or indirect benefit that the person receives for broadcasting or datacasting the other matter).

             (2)  Subsection (1) only has effect for the purposes of this Part.

61DC  Broadcast or datacast of advertisements during flights of aircraft

             (1)  A person may broadcast or datacast an interactive gambling service advertisement in an aircraft during a flight of the aircraft unless the flight begins at a place in Australia and is intended to end at another place in Australia.

             (2)  For the purposes of subsection (1), each sector of a flight of an aircraft is taken to be a separate flight.

             (3)  Subsection (1) only has effect for the purposes of this Part.

Division 5Publication of interactive gambling service advertisements in Australia

61EA  Interactive gambling service advertisements not to be published in Australia

             (1)  A person commits an offence if:

                     (a)  the person publishes an 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.

             (2)  A person commits an offence if:

                     (a)  the person authorises or causes an 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.

             (3)  For the purposes of this section, an 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.

61EB  Periodicals distributed outside Australia—acts of publication permitted

             (1)  A person may do, with a periodical that contains an interactive gambling service advertisement, something that amounts to publishing the advertisement if the periodical is not principally intended for distribution or use in Australia.

             (2)  Subsection (1) only has effect for the purposes of this Part.

61ED  Accidental or incidental publication permitted

             (1)  A person may publish an interactive gambling service advertisement if:

                     (a)  the person publishes the advertisement as an accidental or incidental accompaniment to the publication of other matter; and

                     (b)  the person does not receive any direct or indirect benefit (whether financial or not) for publishing the advertisement (in addition to any direct or indirect benefit that the person receives for publishing the other matter).

             (2)  Subsection (1) only has effect for the purposes of this Part.

61EE  Publication by person not receiving any benefit permitted

             (1)  A person may publish an interactive gambling service advertisement if:

                     (a)  the publication is not in the course of the provision of interactive gambling services; and

                     (b)  the person publishes the advertisement on the person’s own initiative; and

                     (c)  the person does not receive any direct or indirect benefit (whether financial or not) for publishing the advertisement.

             (2)  Subsection (1) only has effect for the purposes of this Part.

61EF  Publication of advertisements during flights of aircraft

             (1)  A person may publish an interactive gambling service advertisement in an aircraft during a flight of the aircraft unless the flight begins at a place in Australia and is intended to end at another place in Australia.

             (2)  For the purposes of subsection (1), each sector of a flight of an aircraft is taken to be a separate flight.

             (3)  Subsection (1) only has effect for the purposes of this Part.

Division 6Miscellaneous

61FA  Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened

                   Civil proceedings do not lie against a person for refusing or failing to broadcast, datacast or publish an interactive gambling service advertisement if the broadcast, datacast or publication is prohibited by this Part.

61FD  Additional conditions for licences under the Broadcasting Services Act 1992

Commercial television broadcasting licence

             (1)  Each commercial television broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast an interactive gambling service advertisement.

Commercial radio broadcasting licence

             (2)  Each commercial radio broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast an interactive gambling service advertisement.

Community broadcasting licence

             (3)  Each community broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast an interactive gambling service advertisement.

Subscription television broadcasting licence

             (4)  Each subscription television broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast an interactive gambling service advertisement.

Provision of a broadcasting service under a class licence

             (5)  The provision by a person of a broadcasting service under a class licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast an interactive gambling service advertisement.

Datacasting licence

             (6)  Each datacasting licence is subject to the condition that the licensee will not, in contravention of this Part, datacast an interactive gambling service advertisement.

Definitions

             (7)  In this section:

class licence has the same meaning as in the Broadcasting Services Act 1992.

commercial radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

community broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

subscription television broadcasting licence has same meaning as in the Broadcasting Services Act 1992.

61FE  Reports to Parliament

             (1)  As soon as practicable after each 31 December, the Minister must cause to be prepared a report on:

                     (a)  the number and nature of any contraventions of this Part occurring in the preceding 12 months; and

                     (b)  any action taken by the Minister or a Commonwealth agency in response to each contravention.

             (2)  A person who prepares a report under subsection (1) must give a copy to the Minister.

             (3)  The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

Part 8Miscellaneous

  

62  Application of Criminal Code

                   Chapter 2 of the Criminal Code (except Part 2.5) applies to an offence against this Act.

63  Conduct by directors, employees and agents

Body corporate

             (1)  If, in proceedings for:

                     (a)  an offence against this Act; or

                     (b)  an ancillary offence relating to this Act;

it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

                     (c)  that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (d)  that the director, employee or agent had the state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for:

                     (a)  an offence against this Act; or

                     (b)  an ancillary offence relating to this Act;

to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

Person other than a body corporate

             (3)  If, in proceedings for:

                     (a)  an offence against this Act; or

                     (b)  an ancillary offence relating to this Act;

it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

                     (c)  that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

                     (d)  that the employee or agent had the state of mind.

             (4)  Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for:

                     (a)  an offence against this Act; or

                     (b)  an ancillary offence relating to this Act;

to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

             (5)  If:

                     (a)  a person other than a body corporate is convicted of an offence; and

                     (b)  the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

State of mind

             (6)  A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

                     (a)  the knowledge, intention, opinion, belief or purpose of the person; and

                     (b)  the person’s reasons for the intention, opinion, belief or purpose.

Director

             (7)  A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.

Ancillary offence relating to this Act

             (8)  A reference in this section to an ancillary offence relating to this Act is a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to this Act.

64  Service of summons or process on foreign corporations—criminal proceedings

             (1)  This section applies to a summons or process in any criminal proceedings under this Act, where:

                     (a)  the summons or process is required to be served on a body corporate incorporated outside Australia; and

                     (b)  the body corporate does not have a registered office or a principal office in Australia; and

                     (c)  the body corporate has an agent in Australia.

             (2)  Service of the summons or process may be effected by serving it on the agent.

             (3)  Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.

Note:          Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.

             (4)  In this section:

criminal proceeding includes a proceeding to determine whether a person should be tried for an offence.

65  Service of notices

                   In addition to other methods of giving a notice, a notice under this Act may be given by fax.

66  Application of the Broadcasting Services Act 1992

             (1)  The following provisions of the Broadcasting Services Act 1992 have effect as if each reference in those provisions to that Act included a reference to this Act:

                     (a)  section 3;

                     (b)  subparagraph 5(1)(b)(ii);

                     (c)  subsection 5(2);

                     (g)  paragraph 168(2)(b);

                     (h)  paragraph 171(2)(a);

                      (i)  section 183;

                      (j)  paragraph 187(2)(b).

             (2)  Paragraph 18(2)(j) of Schedule 3 to the Broadcasting Services Act 1992 does not apply to a notice given under this Act.

67  Additional ACMA function—monitoring compliance with codes and standards

                   The ACMA’s functions include monitoring compliance with codes and standards registered under Part 4.

69  Operation of State and Territory laws

                   This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.

69A  Regulations about unenforceability of agreements relating to illegal interactive gambling services

Agreements

             (1)  The regulations may provide:

                     (a)  that an agreement has no effect to the extent to which it provides for the payment of money for the supply of an illegal interactive gambling service; and

                     (b)  that civil proceedings do not lie against a person to recover money alleged to have been won from, or paid in connection with, an illegal interactive gambling service.

Deadline for making regulations

             (2)  The Minister must take all reasonable steps to ensure that regulations are made for the purposes of this section within 6 months after the commencement of Part 2.

Illegal interactive gambling service

             (3)  For the purposes of this section, an interactive gambling service is an illegal interactive gambling service if, and only if, the provision of the service contravenes a provision of this Act that creates an offence.

Definition

             (4)  In this section:

agreement means an agreement, whether made orally or in writing.

70  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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Interactive Gambling Act 2001

84, 2001

11 July 2001

s 15, 15A, 61AA–61FE: 8 Aug 2001
s 16–31, 42, 43, 48, 49, 54–59: 12 Jan 2002
Remainder: 11 July 2001

 

Corporations (Repeals, Consequentials and Transitionals) Act 2001

55, 2001

28 June 2001

s 4–14 and Sch 3
(items 296–302): 15 Jul 2001 (gaz 2001, No S285) (s 2(7)(a))

s 4–14

Financial Services Reform (Consequential Provisions) Act 2001

123, 2001

27 Sept 2001

Sch 1 (items 250–256): 11 Mar 2002 (gaz 2001, No GN42) (s 2(1), (8)(a))

Interactive Gambling Amendment Act 2001

139, 2001

1 Oct 2001

1 Oct 2001 (s 2)

Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005

45, 2005

1 Apr 2005

Sch 1 (items 68–70), Sch 2, Sch 4: 1 Jul 2005 (s 2(1) items 2, 3, 10)

Sch 4

Communications Legislation Amendment (Content Services) Act 2007

124, 2007

20 July 2007

Sch 1 (item 95): 20 Jan 2008 (s 2(1) item 2)

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Sch 5 (items 62–68): and Sch 5 (items 137, 138): 1 Mar 2010 (s 2(1)
items 31, 38)

Sch 5 (item 138)

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 735–739) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 11)

Sch 3 (items 10, 11)

Statute Law Revision Act (No. 1) 2014

31, 2014

27 May 2014

Sch 4 (item 89): 24 Jun 2014 (s 2(1) item 9)

Omnibus Repeal Day (Autumn 2014) Act 2014

109, 2014

16 Oct 2014

Sch 2 (items 17–24, 86–91, 114, 225–232): 17 Oct 2014 (s 2(1) item 2)

Sch 2 (items 24, 227, 229, 231)

Statute Law Revision Act (No. 1) 2015

5, 2015

25 Feb 2015

Sch 1 (item 23): 25 Mar 2015 (s 2(1) item 2)

Acts and Instruments (Framework Reform) Act 2015

10, 2015

5 Mar 2015

Sch 3 (items 240–259, 348, 349): 5 Mar 2016 (s 2(1) item 2)

Sch 3 (items 348, 349)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 313): 5 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 4 (items 1, 200–202): 10 Mar 2016 (s 2(1) item 6)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 3........................................

am No 45, 2005; No 8, 2010

s 4........................................

am No 55, 2001; No 123, 2001; No 45, 2005; No 8, 2010; No 46, 2011

s 5........................................

am No 55, 2001, No 123, 2001; No 8, 2010

s 6........................................

am No 55, 2001; No 123, 2001; No 8, 2010

s 9........................................

rs No 55, 2001

 

rep No 123, 2001

s 9A.....................................

am No 10, 2015

s 10......................................

am No 10, 2015

Part 2

 

s 15......................................

am No 4, 2016

Part 2A

 

s 15A...................................

am No 8, 2010; No 4, 2016

Part 3

 

Part 3 heading......................

am No 8, 2010

Division 1

 

Division 1 heading...............

am No 45, 2005

s 16......................................

am No 45, 2005; No 8, 2010

s 17......................................

am No 45, 2005; No 8, 2010

s 18......................................

am No 45, 2005

Division 2

 

Division 2 heading...............

am No 45, 2005

Heading to s 20....................

am No 45, 20054

 

rep No 109, 2014

s 20......................................

am No 45, 2005; No 8, 2010

 

rep No 109, 2014

s 21......................................

am No 45, 2005; No 8, 2010; No 109, 2014

s 22......................................

am No 45, 2005

s 23......................................

am No 45, 2005

Division 3

 

Division 3 heading...............

am No 8, 2010

s 24......................................

am No 45, 2005; No 8, 2010; No 46, 2011; No 109, 2014; No 10, 2015; No 126, 2015

s 25......................................

am No 45, 2005; No 8, 2010

s 26......................................

am No 45, 2005; No 8, 2010

s 27......................................

am No 45, 2005; No 8, 2010

s 28......................................

am No 8, 2010

s 29......................................

am No 8, 2010

s 30......................................

am No 8, 2010; No 46, 2011

s 31......................................

am No 45, 2005; No 8, 2010; No 10, 2015

Part 4

 

Division 1

 

s 32

am No 45, 2005; No 8, 2010

Division 2

 

s 35......................................

am No 8, 2010

Division 3

 

s 36......................................

am No 45, 2005; No 124, 2007; No 8, 2010

s 37......................................

am No 45, 2005; No 8, 2010; No 46, 2011; No 126, 2015

Division 4

 

s 38......................................

am No 45, 2005; No 8, 2010

s 39......................................

am No 45, 2005; No 8, 2010

s 40......................................

am No 45, 2005; No 8, 2010

s 42......................................

am No 45, 2005; No 8, 2010

s 43......................................

am No 45, 2005; No 8, 2010

Division 5

 

s 44......................................

am No 45, 2005; No 8, 2010; No109, 2014; No 10, 2015

s 45......................................

am No 45, 2005; No 109, 2014; No 8, 2010; No 10, 2015

s 46......................................

am No 45, 2005; No 8, 2010; No 109, 2014; No 10, 2015

s 47......................................

am No 45, 2005; No 8, 2010; No 109, 2014; No 10, 2015

s 48......................................

am No 8, 2010

s 49......................................

am No 45, 2005; No 8, 2010

s 50......................................

am No 45, 2005; No 8, 2010; No 109, 2014; No 10, 2015

s 51......................................

am No 45, 2005; No 10, 2015

s 52......................................

am No 45, 2005

 

rep No 109, 2014

Division 6

 

s 53......................................

am No 45, 2005; No 8, 2010

Part 5

 

s 55......................................

am No 4, 2016

s 56......................................

am No 45, 2005; No 8, 2010; No 4, 2016

s 57......................................

am No 4, 2016

s 58......................................

am No 45, 2005

s 59......................................

am No 45, 2005; No 8, 2010

Part 6

 

s 60......................................

am No 8, 2010

Part 7

 

s 61......................................

am No 45, 2005; No 8, 2010

Part 7A

 

Division 1

 

s 61AA................................

am No 8, 2010

Division 2

 

s 61BA.................................

am No 139, 2001

s 61BC.................................

am No 8, 2010

s 61BF.................................

am No 5, 2015

s 61BGA..............................

ad No 139, 2001

Division 3

 

s 61CA.................................

am No 8, 2010

s 61CD.................................

am No 8, 2010

Division 4

 

s 61DA................................

am No 4, 2016

Division 5

 

s 61EA.................................

am No 8, 2010; No 109, 2014; No 4, 2016

s 61EC.................................

rep No 109, 2014

s 61EG.................................

rep No 109, 2014

s 61EH.................................

rep No 109, 2014

Division 6

 

s 61FB.................................

rep No 109, 2014

s 61FC.................................

rep No 109, 2014

Part 8

 

s 65......................................

am No 31, 2014

s 66

am No 45, 2005

s 67......................................

am No 45, 2005

s 68......................................

rep No 109, 2014