A Bill for an Act to regulate suspicious gambling activities, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Anti‑Money Laundering and Counter‑Terrorism Financing Amendment (Making Gambling Businesses Accountable) 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 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
1 Section 5
Insert:
stolen property has the same meaning as in section 132.1 of the Criminal Code.
2 At the end of subsection 41(1)
Add:
(k) for a designated service referred to in an item of the table in subsection 6(4) (which deals with gambling services)—at the relevant time or a later time, the reporting entity suspects on reasonable grounds that the consideration the first person proposes to provide for the supply of the service is stolen property.
3 Paragraph 41(2)(a)
Omit “or (j)”, substitute “, (j) or (k)”.
4 Subsection 41(5)
Omit “or (j)”, substitute “, (j) or (k)”.
5 After Part 8
Insert:
Part 8A—Suspicious gambling
100A Simplified outline
A reporting entity must not provide gambling services to a person if there are reasonable grounds to suspect the person will pay for the service using stolen property.
100B Prohibition of provision of gambling service in certain circumstances
(1) A reporting entity must not provide a designated service referred to in an item of the table in subsection 6(4) (which deals with gambling services) to the person mentioned in column 2 of that item if there are reasonable grounds to suspect that any proposed consideration for the supply of the service is stolen property.
(2) In this section:
Civil penalty
(2) Subsection (1) is a civil penalty provision.
6 Section 173
Omit:
• Pecuniary penalties are payable for contraventions of civil penalty provisions.
substitute:
• Pecuniary penalties are payable for contraventions of civil penalty provisions. Compensation orders can be made if a reporting entity provides a gambling service to a person in circumstances where there were reasonable grounds to suspect the person would pay for the service using stolen property.
7 After Division 2 of Part 15
Insert:
Division 2A—Compensation orders
183A Compensation orders in relation to suspicious gambling
(1) The Federal Court may:
(a) on application of a person (the injured person) who has suffered, or is likely to suffer, loss or damage because of the conduct of another person that was engaged in a contravention of section 100B (which deals with suspicious gambling); or
(b) on the application of the AUSTRAC CEO made on behalf of one or more such injured persons;
make such order or orders as the Federal Court thinks appropriate against the person who engaged in the conduct.
(2) An application may be made under subsection (1) even if an enforcement proceeding in relation to the conduct referred to in that subsection has not been instituted.
(3) The AUSTRAC CEO must not make an application under subsection (1) on behalf of one or more persons unless those persons have consented in writing to the making of the application.
(4) The order must be an order that the Federal Court considers will:
(a) compensate the injured person, or any such injured persons, in whole or in part for the loss or damage; or
(b) prevent or reduce the loss or damage suffered, or likely to be suffered, by the injured person or any such injured persons.