Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Interactive Gambling Act 2001, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 27 Aug 2020
Introduced Senate 25 Aug 2020
Table of contents.

2019‑2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Interactive Gambling Amendment (Prohibition on Credit Card Use) Bill 2020

 

No.      , 2020

 

(Senator Griff)

 

 

 

A Bill for an Act to amend the Interactive Gambling Act 2001, and for related purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Interactive Gambling Act 2001                                                                                 3

 

 


A Bill for an Act to amend the Interactive Gambling Act 2001, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Interactive Gambling Amendment (Prohibition on Credit Card Use) Act 2020.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after the end of the period of 6 months beginning on the day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Interactive Gambling Act 2001

1  Section 3

After:

     (ca)     credit must not be provided to customers of certain interactive wagering services;

insert:

     (cb)     credit card payment must not be accepted from customers of certain interactive wagering services;

2  Subparagraph 15C(1)(b)(ii)

Omit “other than”, substitute “including”.

3  Paragraph 15C(3)(b)

Omit “other than”, substitute “including”.

4  After Part 2B

Insert:

Part 2CCredit card payment not to be accepted from customers of certain interactive wagering services

  

15H  Simplified outline of this Part

•      Credit card payment must not be accepted from customers of certain interactive wagering services.

•      The ACMA must conduct a review of the operation of this Part.

15J  Definitions

                   In this Part:

credit card means:

                     (a)  a card of a kind commonly known as a credit card; or

                     (b)  a card of a kind that persons carrying on business commonly issue to their customers, or prospective customers, for use in obtaining goods or services from those persons on credit; or

                     (c)  anything else that may be used as a card referred to in paragraph (a) or (b).

credit card payment means:

                     (a)  payment by credit card; or

                     (b)  payment from an account or service that relies on the payment being made from a credit card linked to the account or service.

15K  Credit card payment by customers of certain interactive wagering services not to be accepted

             (1)  A person commits an offence if:

                     (a)  the person intentionally provides a regulated interactive gambling service that is a wagering service; and

                     (b)  either:

                              (i)  the person accepts, or offers to accept, credit card payment in connection with the provision of the service to a customer, or prospective customer, who is physically present in Australia; or

                             (ii)  the person facilitates or promotes credit card payment in connection with the provision of the service to a customer, or prospective customer, who is physically present in Australia.

Penalty:  500 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)  A person who provides a regulated interactive gambling service that is a wagering service must not:

                     (a)  accept, or offer to accept, credit card payment in connection with the provision of the service to a customer, or prospective customer, who is physically present in Australia; or

                     (b)  facilitate or promote credit card payment in connection with the provision of the service to a customer, or prospective customer, who is physically present in Australia.

Civil penalty:          750 penalty units.

             (4)  A person who contravenes subsection (3) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

             (5)  Subsections (1) and (3) do not apply if the person:

                     (a)  did not know; and

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

that the customer, or prospective customer, as the case may be, was physically present in Australia.

Note:          In the case of proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

             (6)  For the purposes of subsection (5), in determining whether the person could, with reasonable diligence, have ascertained that the customer, or prospective customer, as the case may be, was physically present in Australia, the following matters are to be taken into account:

                     (a)  whether the customer, or prospective customer, as the case may be, was informed that Australian law prohibits accepting credit card payment from customers, or prospective customers, who are physically present in Australia;

                     (b)  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;

                     (c)  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;

                     (d)  any other relevant matters.

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

15L  Acquisition of property

             (1)  Section 15K has no effect to the extent (if any) to which its operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

             (2)  Section 15K does not prevent a person from accepting a credit card payment made before the commencement of that section.

15M  Review of operation of this Part

             (1)  After the end of the 3‑year period beginning at the commencement of this section, the ACMA must conduct a review of the operation of:

                     (a)  this Part; and

                     (b)  the remaining provisions of this Act, so far as they relate to this Part.

Public consultation

             (2)  A review under subsection (1) must make provision for public consultation.

Report

             (3)  The ACMA must:

                     (a)  give the Minister a report of the review within 6 months after the end of the 3‑year period mentioned in subsection (1); and

                     (b)  as soon as practicable after giving the report to the Minister, publish the report on the ACMA’s website.

             (4)  The Minister must cause copies of a report under subsection (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

5  After paragraph 16(ba)

Insert:

                   (bb)  Part 2C; or

6  After subparagraph 21(1)(a)(iia)

Insert:

                   (iib)  Part 2C; or

7  After paragraph 64A(ca)

Insert:

                   (cb)  subsection 15K(3); or

8  After paragraph 64C(1)(ca)

Insert:

                   (cb)  subsection 15K(3);

9  After paragraph 64D(1)(ca)

Insert:

                   (cb)  subsection 15K(3);