National Self‑exclusion Register (Cost Recovery Levy) Determination 2022

Dated: 12 August 2022

James Cameron

[signed]

Member

Cathy Rainsford

[signed]

Member/General Manager

Part 1—Preliminary

1  Name

This is the National Self-exclusion Register (Cost Recovery Levy) Determination 2022.

2  Commencement

This instrument commences at the start of the day fixed by Proclamation for the purposes of subsection 61GC(1) of the Interactive Gambling Act 2001.

Note:           The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

This instrument is made under subsections 9(1) and 11(1) of the National Self-exclusion Register (Cost Recovery Levy) Act 2019.

4  Definitions

In this instrument:

                   ACMA means the Australian Communications and Media Authority.

                   Act means National Self‑exclusion Register (Cost Recovery Levy) Act 2019.

                   designated levy period 1 means the period beginning at the start of the proclaimed start day and ending at the end of 30 June 2023.

                   designated levy period 2 means the financial year beginning on 1 July 2023.

                   designated levy period 3 means the financial year beginning on 1 July 2024.

                   designated levy period 4 means the financial year beginning on 1 July 2025.

                   request for access means a request by a licensed interactive wagering service provider to the Register operator under subsection 61NC(1) of the Interactive Gambling Act 2001.

Note:           A number of other expressions used in this instrument are defined in the Act, including the following:

(a)               designated levy period;

(b)               levy;

(c)               levy period;

(d)               licensed interactive wagering service provider;

(e)               proclaimed start day; and

(f)                Register operator.

5  References to other instruments

                   In this instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901 and subsection 589(1) of the Act, and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.  The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Part 2— Amount of levy and designated levy periods

6  Method for calculating amount of levy

The amount of levy imposed on a person under subsection 9(1) of the Act for a levy period is the amount calculated in accordance with the following method:

A = (B ÷ C) × D,

where:

(a)     A is the levy payable by a licensed interactive wagering service provider for a levy period;

(b)     B is the total number of individuals specified in all requests for access by the licensed interactive wagering service provider during the levy period;

(c)     C is the total number of individuals specified in all requests for access by all licensed interactive wagering service providers during the levy period; and

(d)     D is the total of the amounts and costs set out in paragraphs 10(1)(a) to (g) of the Act that are recoverable by the ACMA during the levy period.

Note:          Section 10 of the Act sets out the limits on the total amounts of levies imposed on persons for a levy period.

7  Designated levy periods and applicable percentages

For the purpose of subsection 11(1) of the Act:

(a)     each of the levy periods specified in the table below is a designated levy period; and

(b)     the applicable percentage for a designated levy period is the percentage specified in the table below: