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 (Ban on Gambling Advertisements) 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Interactive Gambling Act 2001
1 Section 3
After:
(e) unlicensed regulated interactive gambling services must not be advertised;
insert:
(ea) licensed interactive wagering services must not be advertised;
2 After paragraph 16(c)
Insert:
(ca) Part 7AA; or
3 After subparagraph 21(1)(a)(iii)
Insert:
(iiia) Part 7AA; or
4 After Part 7A
Insert:
Part 7AA—Prohibition of advertising of licensed interactive wagering services
Division 1—Interpretation: definitions
61FE Definitions
In this Part:
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.
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 advertisement has the meaning given by Division 2.
licensed interactive wagering service provider means a person who provides a licensed interactive wagering 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, in relation to a licensed interactive wagering service advertisement, has the meaning given by Division 3.
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 2—Interpretation: licensed interactive wagering service advertisement
61FEA Basic meaning of licensed interactive wagering service advertisement
(1) For the purposes of this Part, a licensed interactive wagering 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) a licensed interactive wagering service; or
(b) licensed interactive wagering services in general; or
(c) the whole or part of a trade mark in respect of a licensed interactive wagering service; or
(d) a domain name or URL that relates to a licensed interactive wagering service; or
(e) any words that are closely associated with a licensed interactive wagering service (whether also closely associated with other kinds of services or products).
(2) This section has effect subject to sections 61FEB, 61FEC, 61FED, 61FEE, 61FEF, 61FEG and 61FEH.
61FEB Exception—political communication
(1) To avoid doubt, if:
(a) something (the advertisement) does not promote, and is not intended to promote, any particular licensed interactive wagering service or services; and
(b) the advertisement relates solely to government or political matters;
the advertisement is not a licensed interactive wagering service advertisement for the purposes of this Part.
(2) Without limiting paragraph (1)(a), the use in an advertisement of the whole name of a licensed interactive wagering service provider does not, of itself, constitute promotion of a licensed interactive wagering service or licensed interactive wagering 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 61FEA does not apply to the extent (if any) that it would infringe any doctrine of implied freedom of political communication.
61FEC Exception—Websites etc. and business documents
Words, signs or symbols that appear:
(a) on the website of a licensed interactive wagering service that is provided to customers using an internet carriage service, or on or at an equivalent point of provision of any other licensed interactive wagering 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 a licensed interactive wagering service provider (whether or not the document is in electronic form);
do not, when so appearing, constitute a licensed interactive wagering 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 a licensed interactive wagering service advertisement).
61FED Exception—premises of providers
Words, signs or symbols that appear in or on land or buildings occupied by a licensed interactive wagering service provider do not, when so appearing, constitute a licensed interactive wagering 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 a licensed interactive wagering service advertisement).
61FEE Exceptions—management advertisements etc.
To avoid doubt, none of the following constitutes a licensed interactive wagering 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 a licensed interactive wagering service provider, that does not promote a licensed interactive wagering service;
(c) the taking of any action to prevent persons becoming victims of fraud or any other dishonest or unethical conduct.
61FEF Exception—products or services having the same name as a licensed interactive wagering service
(1) If:
(a) apart from this section, something (the advertisement) that relates to a product, or a service, that is not a licensed interactive wagering service would, technically, be a licensed interactive wagering 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) a licensed interactive wagering service; or
(ii) a licensed interactive wagering 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 licensed interactive wagering service provider concerned;
then, despite section 61FEA, the advertisement is not a licensed interactive wagering 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.
61FEG Exception—anti‑gambling advertisements
If:
(a) apart from this section, something (the advertisement) would, technically, be a licensed interactive wagering 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 or to reduce harm caused by gambling services or particular kinds of gambling services;
then, despite section 61FEA, the advertisement is not a licensed interactive wagering service advertisement for the purposes of this Part.
61FEH 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 a licensed interactive wagering service advertisement for the purposes of this Part.
61FEJ Definition
In this Division:
words includes abbreviations, initials and numbers.
Division 3—Interpretation: publication of licensed interactive wagering service advertisements
61FEK Basic meaning of publish a licensed interactive wagering service advertisement
(1) For the purposes of this Part, a person publishes a licensed interactive wagering 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 61FEL, 61FEM, 61FEN, 61FEO and 61FEP.
61FEL Publish does not include broadcast or datacast
For the purposes of this Part, the broadcasting or datacasting of a licensed interactive wagering service advertisement by a person does not amount to the publication of the advertisement by the person.
61FEM Exception—trade communications
For the purposes of this Part, the communication of information that is or includes a licensed interactive wagering service advertisement to a group of people all of whom are involved in the provision of licensed interactive wagering services, does not, of itself, amount to a publication of the licensed interactive wagering service advertisement.
61FEN Exception—advertisements in telephone directories
(1) For the purposes of this Part, the publication of the name of a licensed interactive wagering service provider in a telephone directory does not, of itself, amount to the publication of a licensed interactive wagering 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 a licensed interactive wagering service.
61FEO 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 a licensed interactive wagering service advertisement.
61FEP Exception—acknowledgements of assistance or support
For the purposes of this Part, the publication of an acknowledgement of assistance or support does not amount to the publication of a licensed interactive wagering service advertisement if it complies with regulations made for the purposes of this section that permit the publication of such acknowledgements.
Division 4—Broadcasting or datacasting of licensed interactive wagering service advertisements in Australia
61FEQ Licensed interactive wagering service advertisements not to be broadcast or datacast in Australia
(1) A person commits an offence if:
(a) the person broadcasts or datacasts a licensed interactive wagering service advertisement in Australia; and
(b) the broadcast or datacast is not permitted by section 61FER; and
(c) the broadcast or datacast is not permitted by section 61FES.
Penalty: 120 penalty units.
(2) A person must not broadcast or datacast a licensed interactive wagering service advertisement in Australia if:
(a) the broadcast or datacast is not permitted by section 61FER; and
(b) the broadcast or datacast is not permitted by section 61FES.
Civil penalty: 180 penalty units.
(3) A person commits an offence if:
(a) the person authorises or causes a licensed interactive wagering service advertisement to be broadcast or datacast in Australia; and
(b) the broadcast or datacast is not permitted by section 61FER; and
(c) the broadcast or datacast is not permitted by section 61FES.
Penalty: 120 penalty units.
(4) A person must not authorise or cause a licensed interactive wagering service advertisement to be broadcast or datacast in Australia if:
(a) the broadcast or datacast is not permitted by section 61FER; and
(b) the broadcast or datacast is not permitted by section 61FES.
Civil penalty for contravention of this subsection: 180 penalty units.
61FER Accidental or incidental broadcast or datacast permitted
(1) A person may broadcast or datacast a licensed interactive wagering 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.
61FES Broadcast or datacast of advertisements during flights of aircraft
(1) A person may broadcast or datacast a licensed interactive wagering 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 5—Publication of licensed interactive wagering service advertisements in Australia
61FET Licensed interactive wagering service advertisements not to be published in Australia
(1) A person commits an offence if:
(a) the person publishes a licensed interactive wagering service advertisement in Australia; and
(b) the publication is not permitted by section 61FEU; and
(d) the publication is not permitted by section 61FEV; and
(e) the publication is not permitted by section 61FEW; and
(f) the publication is not permitted by section 61FEX.
Penalty: 120 penalty units.
(2) A person must not publish a licensed interactive wagering service advertisement in Australia if:
(a) the publication is not permitted by section 61FEU; and
(b) the publication is not permitted by section 61FEV; and
(c) the publication is not permitted by section 61FEW; and
(d) the publication is not permitted by section 61FEX.
Civil penalty: 180 penalty units.
(3) A person commits an offence if:
(a) the person authorises or causes a licensed interactive wagering service advertisement to be published in Australia; and
(b) the publication is not permitted by section 61FEU; and
(d) the publication is not permitted by section 61FEV; and
(e) the publication is not permitted by section 61FEW; and
(f) the publication is not permitted by section 61FEX.
Penalty: 120 penalty units.
(4) A person must not authorise or cause a licensed interactive wagering service advertisement to be published in Australia if:
(a) the publication is not permitted by section 61FEU; and
(b) the publication is not permitted by section 61FEV; and
(c) the publication is not permitted by section 61FEW; and
(d) the publication is not permitted by section 61FEX.
Civil penalty: 180 penalty units.
(5) For the purposes of this section, a licensed interactive wagering 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.
61FEU Periodicals distributed outside Australia—acts of publication permitted
(1) A person may do, with a periodical that contains a licensed interactive wagering 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.
61FEV Accidental or incidental publication permitted
(1) A person may publish a licensed interactive wagering 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.
61FEW Publication by person not receiving any benefit permitted
(1) A person may publish a licensed interactive wagering service advertisement if:
(a) the publication is not in the course of the provision of licensed interactive wagering 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.
61FEX Publication of advertisements during flights of aircraft
(1) A person may publish a licensed interactive wagering 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 6—Miscellaneous
61FEY 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 a licensed interactive wagering service advertisement if the broadcast, datacast or publication is prohibited by this Part.
61FEZ 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 a licensed interactive wagering 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 a licensed interactive wagering 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 a licensed interactive wagering 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 a licensed interactive wagering 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 a licensed interactive wagering service advertisement.
Datacasting licence
(6) Each datacasting licence is subject to the condition that the licensee will not, in contravention of this Part, datacast a licensed interactive wagering 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.
5 After paragraph 64A(i)
Insert:
(ia) subsection 61FEQ(2); or
(ib) subsection 61FEQ(4); or
(ic) subsection 61FET(2); or
(id) subsection 61FET(4); or
6 After paragraph 64C(1)(i)
Insert:
(ia) subsection 61FEQ(2);
(ib) subsection 61FEQ(4);
(ic) subsection 61FET(2);
(id) subsection 61FET(4);
7 After paragraph 64D(1)(i)
Insert:
(ia) subsection 61FEQ(2);
(ib) subsection 61FEQ(4);
(ic) subsection 61FET(2);
(id) subsection 61FET(4);