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 (Credit Card Ban and Acknowledgement of Losses) Act 2023.
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 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Credit card ban
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 2C—Credit 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.
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.
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);
10 Application provision
The amendments made by this Schedule apply in relation to the provision of a regulated interactive wagering service on or after the commencement of this item.
Schedule 2—Acknowledgement of losses
Interactive Gambling Act 2001
1 Section 3
After:
(f) licensed interactive wagering services must not be provided to an individual who is registered in the National Self‑exclusion Register.
insert:
; (g) licensed interactive wagering services must not be provided to an individual who has not given the provider of the service an acknowledgement of losses.
2 After Part 7B
Insert:
Part 7C—Acknowledgement of losses
61RA Simplified outline of this Part
• Licensed interactive wagering services must not be provided to an individual who has not given the provider of the service an acknowledgement of losses.
61RB Definitions
In this Part:
acknowledgement of losses has the meaning given by section 61RC.
activity statement means a statement prepared by a licensed interactive wagering service provider that sets out the following customer information for a particular period:
(a) the sum of each stake made for each of the customer’s bets during the period;
(b) the sum of the net result from each of the customer’s winning bets during the period (with the net result for a winning bet being the amount won minus the amount of the stake made for the bet);
(c) the sum of the net result from each of the customer’s losing bets during the period (with the net result for a losing bet being the amount of the stake made for the bet);
(d) the net results from all of the customer’s bets during the period (with the net results being the net results from all winning bets minus the net results from all losing bets).
licensed interactive wagering service means a regulated interactive gambling service that:
(a) is a wagering service (see section 4); and
(b) has an Australian‑customer link (see section 8); and
(c) is not provided in contravention of subsection 15AA(3).
licensed interactive wagering service provider means a person who provides a licensed interactive wagering service.
61RC When an acknowledgement of losses is given
For the purposes of this Part, an individual gives a licensed interactive wagering service provider an acknowledgement of losses in respect of the provision of a licensed interactive wagering service to the individual at a particular time, or during a particular period, if:
(a) immediately before that time, or immediately before the start of that period, the provider gives the individual an activity statement that covers the individual’s use of the service during the current financial year; and
(b) as a pre‑condition to accessing the service at that time, or during that period, the individual is required to acknowledge the losses set out in that statement; and
(c) the individual gives the required acknowledgement.
61RD Prohibition of the provision of licensed interactive wagering services without acknowledgement of losses
Offence
(1) A person commits an offence if:
(a) the person is a licensed interactive wagering service provider; and
(b) the person provides a licensed interactive wagering service to an individual at a particular time, or during a particular period; and
(c) the individual did not give the person an acknowledgement of losses in respect of the provision of that service at that time, or during that period.
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.
Civil penalty provision
(3) A licenced interactive wagering service provider must not provide a licensed interactive wagering service to an individual at a particular time, or during a particular period, if the individual did not give the provider an acknowledgement of losses in respect of the provision of that service at that time, or during that period.
Civil penalty: 750 penalty units.
(4) A person who contravenes subsection (3) 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.
Exception
(5) Subsections (1) and (3) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.
Note 1: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Note 2: In proceedings for a civil penalty order for a contravention of subsection (3), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
(7) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).
Acquisition of property
(8) The provisions of this section have no effect to the extent (if any) to which their 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).
3 After paragraph 16(d)
Insert:
or (e) Part 7C;
4 At the end of paragraph 21(1)(a)
Add:
or (v) Part 7C;
5 At the end of section 64A
Add:
; or (x) subsection 61RD(3).
6 After paragraph 64C(1)(w)
Insert:
; or (x) subsection 61RD(3).
7 After paragraph 64D(1)(w)
Insert:
; or (x) subsection 61RD(3).
8 Application provision
The amendments made by this Schedule apply in relation to the provision of a licensed interactive wagering service on or after the commencement of this item.