1998‑1999‑2000‑2001

The Parliament of the
Commonwealth of Australia

THE SENATE

Presented and read a first time

Interactive Gambling Bill 2001

No.      , 2001

(Communications, Information Technology and the Arts)

A Bill for an Act about interactive gambling, and for related purposes

ISBN:  0642 469164

Contents
Part 1—Introduction	1
1	Short title	1
2	Commencement	1
3	Simplified outline	2
4	Definitions	3
5	Australian‑based interactive gambling services	7
6	Prohibited Internet gambling services	8
7	Australian‑provider link	8
8	Australian‑customer link	9
9	Contracts exempt under the Corporations Law	9
10	Exempt services	9
11	Extended meaning of use	10
12	Crown to be bound	10
13	Extension to external Territories	10
14	Extra‑territorial application	10
Part 2—Offence of providing an Australian‑based interactive gambling service to customers in Australia	11
15	Offence of providing an Australian‑based interactive gambling service to customers in Australia	11
Part 3—Complaints system: prohibited Internet gambling content	12
Division 1—Making of complaints to the ABA	12
16	Complaints about prohibited Internet gambling content	12
17	Complaints about breaches of online provider rules etc.	12
18	Form of complaint	13
19	Residency etc. of complainant	13
Division 2—Investigations by the ABA	14
20	Investigation of complaints by the ABA	14
21	ABA may investigate matters on its own initiative	15
22	Conduct of investigations	15
23	Protection from civil proceedings	16
Division 3—Action to be taken in relation to a complaint about prohibited Internet gambling content hosted outside Australia	17
24	Action to be taken in relation to a complaint about prohibited Internet gambling content hosted outside Australia	17
25	Deferral of action in order to avoid prejudicing a criminal investigation	19
26	Anti‑avoidance—notified Internet content	19
27	Anti‑avoidance—special access‑prevention notice	20
28	Compliance with access‑prevention notices	21
29	Notification of Internet content	21
30	Application of notifications under this Division	22
31	ABA may be taken to have issued access‑prevention notices	22
Part 4—Complaints system: industry code and industry standard	23
Division 1—Simplified outline	23
32	Simplified outline	23
Division 2—Interpretation	24
33	Industry code	24
34	Industry standard	24
35	Designated Internet gambling matters	24
Division 3—General principles relating to industry code and industry standard	25
36	Statement of regulatory policy	25
37	Matters that must be dealt with by industry code and industry standard	25
Division 4—Industry code	28
38	Registration of industry code	28
39	ABA may request code	29
40	Publication of notice where no body or association represents Internet service providers	30
41	Replacement of industry code	30
42	Compliance with industry code	30
43	Formal warnings—breach of industry code	31
Division 5—Industry standard	32
44	ABA may determine an industry standard if a request for an industry code is not complied with	32
45	ABA may determine industry standard where no industry body or association formed	33
46	ABA may determine industry standard—total failure of industry code	33
47	ABA may determine industry standard—partial failure of industry code	34
48	Compliance with industry standard	36
49	Formal warnings—breach of industry standard	36
50	Variation of industry standard	36
51	Revocation of industry standard	37
52	Public consultation on industry standard	37
Division 6—Industry code and industry standard to be included on a Register	39
53	Industry code and industry standard to be included on a Register	39
Part 5—Complaints system: online provider rules	40
54	Online provider rules	40
55	Compliance with online provider rules	40
56	Remedial directions—breach of online provider rules	40
57	Continuing offences	41
58	Formal warnings—breach of online provider rules	41
59	Federal Court may order a person to cease supplying Internet carriage services	41
Part 6—Complaints system: protection from civil proceedings	43
60	Protection from civil proceedings	43
Part 7—Complaints system: review of decisions	44
61	Review of decisions	44
Part 8—Miscellaneous	46
62	Application of Criminal Code	46
63	Conduct by directors, employees and agents	46
64	Service of summons or process on foreign corporations—criminal proceedings	48
65	Service of notices	49
66	Application of the Broadcasting Services Act 1992	49
67	Additional ABA function—monitoring compliance with codes and standards	49
68	Review before 1 July 2004	49
69	Operation of State and Territory laws	50
70	Regulations	50

A Bill for an Act about interactive gambling, and for related purposes
The Parliament of Australia enacts:
Part 1—Introduction
  
1  Short title
		This Act may be cited as the Interactive Gambling Act 2001.
2  Commencement
	(1)	Subject to this section, this Act commences on the day on which it receives the Royal Assent.
	(2)	Part 2 commences on the 28th day after the day on which this Act receives the Royal Assent.
	(3)	The following provisions of this Act commence on a day to be fixed by Proclamation:
	(a)	Part 3;
	(b)	section 42;
	(c)	section 43;
	(d)	section 48;
	(e)	section 49;
	(f)	Part 5.
	(4)	If the provisions referred to in subsection (3) do not commence under that subsection within the period of 6 months after the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period.
3  Simplified outline
		The following is a simplified outline of this Act:
•	This Act regulates interactive gambling services by:
	(a)	prohibiting Australian‑based interactive gambling services from being provided to customers in Australia; and
	(b)	establishing a complaints‑based system to deal with Internet gambling services where the relevant content (prohibited Internet gambling content) is available for access by customers in Australia.
•	A person may complain to the ABA about prohibited Internet gambling content.
•	If prohibited Internet gambling content is hosted in Australia and the ABA considers that the complaint should be referred to an Australian police force, the ABA must refer the complaint to a member of an Australian police force.
•	If prohibited Internet gambling content is hosted outside Australia, the ABA must:
	(a)	if the ABA considers that the content should be referred to a law enforcement agency—notify the content to a member of an Australian police force; and
	(b)	notify the content to Internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard (for example, procedures relating to the provision of regularly updated Internet content filtering software to subscribers).
•	Bodies and associations that represent Internet service providers may develop an industry code.
•	The ABA has a reserve power to make an industry standard if there is no industry code or if an industry code is deficient.
4  Definitions
		In this Act, unless the contrary intention appears:
ABA means the Australian Broadcasting Authority.
access has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.
Australia, when used in a geographical sense, includes the external Territories.
Australian‑based interactive gambling service has the meaning given by section 5.
Note:	This definition relates to the offence created by section 15.
Australian‑customer link has the meaning given by section 8.
Australian police force means:
	(a)	the Australian Federal Police; or
	(b)	the police force of a State or Territory.
Australian‑provider link has the meaning given by section 7.
bet includes wager.
broadcasting service means a broadcasting service (as defined by the Broadcasting Services Act 1992) provided in Australia.
business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis. To avoid doubt, the fact that a club or association provides services to its members does not prevent those services from being services provided in the course of carrying on a business.
business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
Chapter 8 agreement has the same meaning as in the Corporations Law.
civil proceeding includes a civil action.
content service means a content service (as defined by the Telecommunications Act 1997) provided using a listed carriage service.
datacasting licence has the same meaning as in the Broadcasting Services Act 1992.
datacasting service means a datacasting service (within the meaning of the Broadcasting Services Act 1992) that is provided in Australia under a datacasting licence.
designated Internet gambling matter has the meaning given by section 35.
designated notification scheme means a scheme:
	(a)	in the nature of a scheme for substituted service; and
	(b)	under which the ABA is taken, for the purposes of this Act, to have notified each Internet service provider of a matter or thing.
Note:	For example, the ABA may make matters or things available on the Internet (with or without security measures).
engage in conduct means:
	(a)	do an act; or
	(b)	omit to perform an act.
exempt service has the meaning given by section 10.
Federal Court means the Federal Court of Australia.
futures contract has the same meaning as in the Corporations Law.
gambling service means:
	(a)	a service for the placing, making, receiving or acceptance of bets; or
	(b)	a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; or
	(c)	a service for the conduct of a lottery; or
	(d)	a service for the supply of lottery tickets; or
	(e)	a service for the conduct of a game, where:
	(i)	the game is played for money or anything else of value; and
	(ii)	the game is a game of chance or of mixed chance and skill; and
	(iii)	a customer of the service gives or agrees to give consideration to play or enter the game; or
	(f)	a gambling service (within the ordinary meaning of that expression) that is not covered by any of the above paragraphs.
game includes an electronic game.
industry code has the meaning given by section 33.
industry standard has the meaning given by section 34.
Internet carriage service means a listed carriage service that enables end‑users to access the Internet.
Internet content has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.
Internet service provider has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992.
listed carriage service has the same meaning as in the Telecommunications Act 1997.
lottery includes an electronic lottery.
online provider rule has the meaning given by section 54.
option contract has the same meaning as in Chapter 7 of the Corporations Law.
prohibited Internet gambling content means Internet content that is accessed, or available for access, by an end‑user in the capacity of customer of a prohibited Internet gambling service.
Note:	This definition relates to the complaints system.
prohibited Internet gambling service has the meaning given by section 6.
Note:	This definition relates to the complaints system.
relevant agreement has the same meaning as in the Corporations Law.
special access‑prevention notice means a notice under section 27.
standard access‑prevention notice means a notice under paragraph 24(1)(c).
standard telephone service has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
telephone betting service means a gambling service provided on the basis that dealings with customers are wholly by way of voice calls made using a standard telephone service.
ticket includes an electronic ticket.
voice call means:
	(a)	a voice call within the ordinary meaning of that expression; or
	(b)	a call that involves a recorded or synthetic voice; or
	(c)	if a call covered by paragraph (a) or (b) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs;
whether or not the customer responds by way of pressing buttons on a telephone handset or similar thing.
5  Australian‑based interactive gambling services
	(1)	For the purposes of this Act, an Australian‑based interactive gambling service is a gambling service, where:
	(a)	the service is provided in the course of carrying on a business; and
	(b)	the service is provided to customers using any of the following:
	(i)	an Internet carriage service;
	(ii)	any other listed carriage service;
	(iii)	a broadcasting service;
	(iv)	any other content service;
	(v)	a datacasting service; and
	(c)	the service has an Australian‑provider link (see section 7).
Note:	This definition relates to the offence created by section 15.
	(2)	Subsection (1) has effect subject to subsection (3).
Excluded services
	(3)	For the purposes of this Act, none of the following services is an Australian‑based interactive gambling service:
	(a)	a telephone betting service;
	(b)	a service to the extent to which it relates to the entering into of contracts that, under the Corporations Law, are exempt from a law relating to gaming or wagering (see section 9);
	(c)	an exempt service (see section 10).
6  Prohibited Internet gambling services
	(1)	For the purposes of this Act, a prohibited Internet gambling service is a gambling service, where:
	(a)	the service is provided in the course of carrying on a business; and
	(b)	the service is provided to customers using an Internet carriage service; and
	(c)	the service has an Australian‑customer link (see section 8).
Note:	This definition relates to the complaints system.
	(2)	Subsection (1) has effect subject to subsection (3).
Excluded services
	(3)	For the purposes of this Act, neither of the following services is a prohibited Internet gambling service:
	(a)	a service to the extent to which it relates to the entering into of contracts that, under the Corporations Law, are exempt from a law relating to gaming or wagering (see section 9);
	(b)	an exempt service (see section 10).
7  Australian‑provider link
	(1)	For the purposes of this Act, a gambling service has an Australian‑provider link if, and only if:
	(a)	the service is provided in the course of carrying on a business in Australia; or
	(b)	the central management and control of the service is in Australia; or
	(c)	the service is provided through an agent in Australia; or
	(d)	the service is provided to customers using an Internet carriage service, and any or all of the relevant Internet content is hosted in Australia.
	(2)	For the purposes of this section, the relevant Internet content, in relation to a gambling service, is Internet content that is accessed, or available for access, by an end‑user in the capacity of customer of the service.
8  Australian‑customer link
		For the purposes of this Act, a gambling service has an Australian‑customer link if, and only if, any or all of the customers of the service are physically present in Australia.
9  Contracts exempt under the Corporations Law
		A reference in this Act to contracts that, under the Corporations Law, are exempt from a law relating to gaming or wagering is a reference to any of the following:
	(a)	option contracts covered by subsection 778(1) of the Corporations Law;
	(b)	relevant agreements covered by subsection 778(2) of the Corporations Law;
	(c)	futures contracts covered by subsection 1141(1) of the Corporations Law;
	(d)	Chapter 8 agreements covered by subsection 1141(2) of the Corporations Law.
10  Exempt services
	(1)	The Minister may, by writing, determine that each service included in a specified class of services is an exempt service for the purposes of this Act.
	(2)	A determination under subsection (1) has effect accordingly.
	(3)	A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
11  Extended meaning of use
		Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:
	(a)	in isolation; or
	(b)	in conjunction with one or more other things.
12  Crown to be bound
	(1)	This Act binds the Crown in each of its capacities.
	(2)	This Act does not make the Crown liable to be prosecuted for an offence.
	(3)	The protection in subsection (2) does not apply to an authority of the Crown.
13  Extension to external Territories
		This Act extends to every external Territory.
14  Extra‑territorial application
		Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.

Part 2—Offence of providing an Australian‑based interactive gambling service to customers in Australia
  
15  Offence of providing an Australian‑based interactive gambling service to customers in Australia
	(1)	A person is guilty of an offence if:
	(a)	the person intentionally provides an Australian‑based interactive gambling service; and
	(b)	the service has an Australian‑customer link (see section 8).
Penalty:	2,000 penalty units.
	(2)	A person who contravenes subsection (1) is guilty of a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
	(3)	Subsection (1) does not apply if the person:
	(a)	did not know; and
	(b)	could not, with reasonable diligence, have ascertained;
that the service had an Australian‑customer link.
Note:	The defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Part 3—Complaints system: prohibited Internet gambling content
Division 1—Making of complaints to the ABA
16  Complaints about prohibited Internet gambling content
	(1)	If a person has reason to believe that end‑users in Australia can access prohibited Internet gambling content using an Internet carriage service, the person may make a complaint to the ABA about the matter.
Content of complaint
	(2)	A complaint under subsection (1) about particular Internet content must:
	(a)	identify the Internet content; and
	(b)	set out how to access the Internet content (for example: set out a URL or a password); and
	(c)	if the complainant knows the country or countries in which the Internet content is hosted—set out the name of that country or those countries; and
	(d)	set out the complainant’s reasons for believing that the Internet content is prohibited Internet gambling content; and
	(e)	set out such other information (if any) as the ABA requires.
17  Complaints about breaches of online provider rules etc.
		If a person has reason to believe that:
	(a)	an Internet service provider has contravened a code registered under Part 4 that is applicable to the provider; or
	(b)	an Internet service provider has contravened an online provider rule that is applicable to the provider;
the person may make a complaint to the ABA about the matter.
18  Form of complaint
	(1)	A complaint under this Division is to be in writing.
	(2)	However, the ABA may permit complaints to be given, in accordance with specified software requirements, by way of a specified kind of electronic transmission.
19  Residency etc. of complainant
		A person is not entitled to make a complaint under this Division unless the person is:
	(a)	an individual who resides in Australia; or
	(b)	a body corporate that carries on activities in Australia; or
	(c)	the Commonwealth, a State or a Territory.

Division 2—Investigations by the ABA
20  Investigation of complaints by the ABA
	(1)	The ABA must investigate a complaint made under Division 1.
	(2)	Subsection (1) has effect subject to subsections (3) and (4).
Internet content hosted in Australia—referral of complaint to an Australian police force
	(3)	If a complaint relates to Internet content hosted in Australia:
	(a)	the ABA must not investigate the complaint; and
	(b)	if the ABA considers that the complaint should be referred to an Australian police force—the ABA must:
	(i)	refer the complaint to a member of an Australian police force; and
	(ii)	give written notice to the complainant stating that the complaint has been so referred.
Frivolous or vexatious complaints
	(4)	The ABA need not investigate a complaint if:
	(a)	the ABA is satisfied that the complaint is:
	(i)	frivolous; or
	(ii)	vexatious; or
	(iii)	not made in good faith; or
	(b)	the ABA has reason to believe that the complaint was made for the purpose, or for purposes that include the purpose, of frustrating or undermining the effective administration of this Part.
Notification of the results of an investigation
	(5)	The ABA must notify the complainant of the results of an investigation under this section.
Termination of investigation
	(6)	The ABA may terminate an investigation under this section if the ABA is of the opinion that it does not have sufficient information to conclude the investigation.
Referral to Australian police force
	(7)	The manner in which a complaint may be referred under subsection (3) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between the ABA and the chief (however described) of the police force concerned.
	(8)	If a complaint is referred to a member of an Australian police force under subsection (3), the member may refer the complaint to a member of another Australian police force.
	(9)	This section does not, by implication, limit the ABA’s powers to refer other matters to a member of an Australian police force.
21  ABA may investigate matters on its own initiative
		The ABA may investigate any of the following matters if the ABA thinks that it is desirable to do so:
	(a)	whether an Internet service provider is supplying an Internet carriage service that enables end‑users to access prohibited Internet gambling content hosted outside Australia;
	(b)	whether:
	(i)	an Internet service provider has contravened a code registered under Part 4 that is applicable to the provider; or
	(ii)	an Internet service provider has contravened an online provider rule that is applicable to the provider.
22  Conduct of investigations
	(1)	An investigation under this Division is to be conducted as the ABA thinks fit.
	(2)	The ABA may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as it thinks fit.
	(3)	This section has effect subject to Part 13 of the Broadcasting Services Act 1992 (which confers certain investigative powers on the ABA).
23  Protection from civil proceedings
		Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith:
	(a)	the making of a complaint under Division 1;
	(b)	the making of a statement to, or the giving of a document or information to, the ABA in connection with an investigation under this Division.

Division 3—Action to be taken in relation to a complaint about prohibited Internet gambling content hosted outside Australia
24  Action to be taken in relation to a complaint about prohibited Internet gambling content hosted outside Australia
	(1)	If, in the course of an investigation under Division 2, the ABA is satisfied that Internet content hosted outside Australia is prohibited Internet gambling content, the ABA must:
	(a)	if the ABA considers the content should be referred to a law enforcement agency (whether in or outside Australia)—notify the content to:
	(i)	a member of an Australian police force; or
	(ii)	if there is an arrangement between the ABA and the chief (however described) of an Australian police force under which the ABA is authorised to notify the content to another person or body (whether in or outside Australia)—that other person or body; and
	(b)	if a code registered, and/or a standard determined, under Part 4 deals exclusively with the designated Internet gambling matters—notify the content to Internet service providers under the designated notification scheme set out in the code or standard, as the case may be; and
	(c)	if paragraph (b) does not apply—give each Internet service provider known to the ABA a written notice (a standard access‑prevention notice) directing the provider to take all reasonable steps to prevent end‑users from accessing the content.
Note 1:	For Internet content hosted in Australia, see subsection 20(3).
Note 2:	The ABA may be taken to have given a notice under paragraph (c)—see section 31.
	(2)	For the purposes of paragraph (1)(c), in determining whether particular steps are reasonable, regard must be had to:
	(a)	the technical and commercial feasibility of taking the steps; and
	(b)	the matters set out in subsection 4(3) of the Broadcasting Services Act 1992.
	(3)	Subsection (2) does not, by implication, limit the matters to which regard must be had.
Recognised alternative access‑prevention arrangements
	(4)	An Internet service provider is not required to comply with a standard access‑prevention notice in relation to a particular end‑user if access by the end‑user is subject to a recognised alternative access‑prevention arrangement (as defined by subsection (5)) that is applicable to the end‑user.
	(5)	The ABA may, by written instrument, declare that a specified arrangement is a recognised alternative access‑prevention arrangement for the purposes of the application of this Division to one or more specified end‑users if the ABA is satisfied that the arrangement is likely to provide a reasonably effective means of preventing access by those end‑users to prohibited Internet gambling content.
Note:	For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
	(6)	The following are examples of arrangements that could be declared to be recognised alternative access‑prevention arrangements under subsection (5):
	(a)	an arrangement that involves the use of regularly updated Internet content filtering software;
	(b)	an arrangement that involves the use of a filtered Internet carriage service.
	(7)	An instrument under subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Referral to law enforcement agency
	(8)	The manner in which Internet content may be notified under paragraph (1)(a) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between the ABA and the chief (however described) of the police force concerned.
	(9)	If a member of an Australian police force is notified of particular Internet content under this section, the member may notify the content to a member of another law enforcement agency (whether in or outside Australia).
	(10)	This section does not, by implication, limit the ABA’s powers to refer other matters to a member of an Australian police force.
25  Deferral of action in order to avoid prejudicing a criminal investigation
	(1)	If:
	(a)	in the course of an investigation under Division 2, the ABA is satisfied that Internet content hosted outside Australia is prohibited Internet gambling content; and
	(b)	apart from this subsection, the ABA would be required to take action under subsection 24(1) in relation to the content; and
	(c)	a member of an Australian police force satisfies the ABA that the taking of that action should be deferred until the end of a particular period in order to avoid prejudicing a criminal investigation;
the ABA may defer taking that action until the end of that period.
	(2)	Subsection (1) has effect despite anything in section 24.
26  Anti‑avoidance—notified Internet content
		If:
	(a)	particular Internet content has been notified to Internet service providers as mentioned in paragraph 24(1)(b); and
	(b)	the ABA is satisfied that Internet content (the similar Internet content) that is the same as, or substantially similar to, the first‑mentioned Internet content is being hosted outside Australia; and
	(c)	the ABA is satisfied that the similar Internet content is prohibited Internet gambling content; and
	(d)	a code registered, and/or standard determined, under Part 4 deals exclusively with the designated Internet gambling matters;
the ABA must notify the similar Internet content to Internet service providers under the designated notification scheme set out in the code or standard, as the case may be.
27  Anti‑avoidance—special access‑prevention notice
	(1)	If:
	(a)	a standard access‑prevention notice relating to particular Internet content is applicable to a particular Internet service provider; and
	(b)	the ABA is satisfied that the Internet service provider is supplying an Internet carriage service that enables end‑users to access Internet content (the similar Internet content) that is the same as, or substantially similar to, the Internet content identified in the standard access‑prevention notice; and
	(c)	the ABA is satisfied that the similar Internet content is prohibited Internet gambling content;
the ABA may give the provider a written notice (special access‑prevention notice) directing the provider to take all reasonable steps to prevent end‑users from accessing the similar Internet content at any time when the standard access‑prevention notice is in force.
Note:	The ABA may be taken to have given a notice under this section—see section 31.
	(2)	For the purposes of subsection (1), in determining whether particular steps are reasonable, regard must be had to:
	(a)	the technical and commercial feasibility of taking the steps; and
	(b)	the matters set out in subsection 4(3) of the Broadcasting Services Act 1992.
	(3)	Subsection (2) does not, by implication, limit the matters to which regard must be had.
Recognised alternative access‑prevention arrangements
	(4)	An Internet service provider is not required to comply with a special access‑prevention notice in relation to a particular end‑user if access by the end‑user is subject to a recognised alternative access‑prevention arrangement (as defined by subsection 24(5)) that is applicable to the end‑user.
28  Compliance with access‑prevention notices
Standard access‑prevention notice
	(1)	An Internet service provider must comply with a standard access‑prevention notice that applies to the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.
Special access‑prevention notice
	(2)	An Internet service provider must comply with a special access‑prevention notice that applies to the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.
Note:	For enforcement, see Part 5.
29  Notification of Internet content
		Internet content may be notified in accordance with this Division by:
	(a)	setting out the content; or
	(b)	describing the content; or
	(c)	in any other way.
30  Application of notifications under this Division
		A notification under this Division applies to particular Internet content only to the extent to which the content is accessed, or available for access, from an Internet site, or a distinct part of an Internet site, specified in the notification.
Note:	For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
31  ABA may be taken to have issued access‑prevention notices
	(1)	Subject to subsection (2), the ABA may, by written instrument, formulate a scheme:
	(a)	in the nature of a scheme for substituted service; and
	(b)	under which the ABA is taken, for the purposes of this Act, to have done any or all of the following:
	(i)	given each Internet service provider a standard access‑prevention notice under paragraph 24(1)(c);
	(ii)	given each Internet service provider a special access‑prevention notice under section 27.
	(2)	It is a minimum requirement for a scheme formulated under subsection (1) that each Internet service provider be alerted by electronic means to the existence of a notice.
Note:	For example, it is not sufficient for the ABA to make notices available on the Internet (with or without security measures) without notifying Internet service providers that a notice has been issued.
	(3)	Paragraph 24(1)(c) has effect, in relation to a scheme under subsection (1), as if the reference in that paragraph to each Internet service provider known to the ABA were a reference to each Internet service provider.
	(4)	An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Part 4—Complaints system: industry code and industry standard
Division 1—Simplified outline
32  Simplified outline
		The following is a simplified outline of this Part.
•	A body or association that represents Internet service providers may develop an industry code that deals with the designated Internet gambling matters (see section 35).
•	An industry code may be registered by the ABA.
•	Compliance with an industry code is voluntary unless the ABA directs a particular Internet service provider to comply with the code.
•	The ABA has a reserve power to make an industry standard if there is no industry code or if an industry code is deficient.
•	Compliance with an industry standard is mandatory.

Division 2—Interpretation
33  Industry code
		For the purposes of this Act, an industry code is a code developed under this Part (whether or not in response to a request under this Part).
34  Industry standard
		For the purposes of this Act, an industry standard is a standard determined under this Part.
35  Designated Internet gambling matters
		For the purposes of this Act, the following matters are designated Internet gambling matters:
	(a)	the formulation of a designated notification scheme;
	(b)	procedures to be followed by Internet service providers in dealing with Internet content notified under paragraph 24(1)(b) or section 26 (for example, procedures relating to the provision of regularly updated Internet content filtering software to subscribers).

Division 3—General principles relating to industry code and industry standard
36  Statement of regulatory policy
	(1)	The Parliament intends that a body or association that the ABA is satisfied represents Internet service providers should develop a single code (industry code) that:
	(a)	is to apply to Internet service providers; and
	(b)	deals exclusively with the designated Internet gambling matters.
	(2)	The Parliament intends that an industry code developed, or industry standard determined, under this Part is to be in addition to any codes developed, or standards determined, under Schedule 5 to the Broadcasting Services Act 1992.
	(3)	The Parliament intends that this Part does not, by implication, limit the matters that may be dealt with by any codes developed, or standards determined, under Schedule 5 to the Broadcasting Services Act 1992.
	(4)	The Parliament intends that the ABA should make reasonable efforts to ensure that either:
	(a)	an industry code is registered under this Part before Part 3 commences; or
	(b)	an industry standard is registered under this Part before Part 3 commences.
37  Matters that must be dealt with by industry code and industry standard
Object
	(1)	The object of this section is to set out the matters to be dealt with by an industry code or industry standard.
Matters that must be dealt with by industry code or industry standard
	(2)	The Parliament intends that, for Internet service providers, there should be:
	(a)	an industry code or an industry standard that deals with; or
	(b)	an industry code and an industry standard that together deal with;
the designated Internet gambling matters.
Designated alternative access‑prevention arrangements
	(3)	An industry code or an industry standard may provide that an Internet service provider is not required to deal with Internet content notified under paragraph 24(1)(b) or section 26 by taking steps to prevent particular end‑users from accessing the content if access by the end‑users is subject to an arrangement that is declared by the code or standard to be a designated alternative access‑prevention arrangement for the purposes of the application of this section to those end‑users.
	(4)	An industry code developed by a body or association must not declare that a specified arrangement is a designated alternative access‑prevention arrangement for the purposes of the application of this section to one or more specified end‑users unless the body or association is satisfied that the arrangement is likely to provide a reasonably effective means of preventing access by those end‑users to prohibited Internet gambling content.
Note:	For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
	(5)	An industry standard determined by the ABA must not declare that a specified arrangement is a designated alternative access‑prevention arrangement for the purposes of the application of this section to one or more specified end‑users unless the ABA is satisfied that the arrangement is likely to provide a reasonably effective means of preventing access by those end‑users to prohibited Internet gambling content.
Note:	For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.
	(6)	The following are examples of arrangements that could be declared to be designated alternative access‑prevention arrangements:
	(a)	an arrangement that involves the use of regularly updated Internet content filtering software;
	(b)	an arrangement that involves the use of a filtered Internet carriage service.
	(7)	For the purposes of this Act, if an industry code:
	(a)	deals to any extent with procedures to be followed by Internet service providers in dealing with Internet content notified under paragraph 24(1)(b) or section 26; and
	(b)	makes provision as mentioned in subsection (3);
then:
	(c)	the code is taken to deal with the matter set out in paragraph 35(b); and
	(d)	the code is taken to be consistent with subsection (2).
	(8)	For the purposes of this Act, if an industry standard:
	(a)	deals to any extent with procedures to be followed by Internet service providers in dealing with Internet content notified under paragraph 24(1)(b) or section 26; and
	(b)	makes provision as mentioned in subsection (3);
then:
	(c)	the standard is taken to deal with the matter set out in paragraph 35(b); and
	(d)	the standard is taken to be consistent with subsection (2).

Division 4—Industry code
38  Registration of industry code
	(1)	This section applies if:
	(a)	the ABA is satisfied that a body or association represents Internet service providers; and
	(b)	that body or association develops an industry code that applies to Internet service providers and deals exclusively with the designated Internet gambling matters; and
	(c)	the body or association gives a copy of the code to the ABA; and
	(d)	the ABA is satisfied that the code provides appropriate community safeguards for the designated Internet gambling matters; and
	(e)	the ABA is satisfied that, before giving the copy of the code to the ABA:
	(i)	the body or association published a draft of the code and invited members of the public to make submissions to the body or association about the draft within a specified period; and
	(ii)	the body or association gave consideration to any submissions that were received from members of the public within that period; and
	(f)	the ABA is satisfied that, before giving the copy of the code to the ABA:
	(i)	the body or association published a draft of the code and invited Internet service providers to make submissions to the body or association about the draft within a specified period; and
	(ii)	the body or association gave consideration to any submissions that were received from Internet service providers within that period.
	(2)	The ABA must register the code by including it in the Register of industry codes kept under section 53.
	(3)	A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.
	(4)	If:
	(a)	an industry code (the new code) is registered under this Part; and
	(b)	the new code is expressed to replace another industry code;
the other code ceases to be registered under this Part when the new code is registered.
39  ABA may request code
	(1)	If the ABA is satisfied that a body or association represents Internet service providers, the ABA may, by written notice given to the body or association, request the body or association to:
	(a)	develop an industry code that applies to Internet service providers and deals exclusively with the designated Internet gambling matters; and
	(b)	give the ABA a copy of the code within the period specified in the notice.
	(2)	The period specified in a notice under subsection (1) must run for at least 120 days.
	(3)	The ABA must not make a request under subsection (1) unless the ABA is satisfied that, in the absence of the request, it is unlikely that an industry code would be developed within a reasonable period.
	(4)	The ABA may vary a notice under subsection (1) by extending the period specified in the notice.
	(5)	Subsection (4) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901.
	(6)	A notice under subsection (1) may specify indicative targets for achieving progress in the development of the code (for example, a target of 60 days to develop a preliminary draft of the code).
40  Publication of notice where no body or association represents Internet service providers
	(1)	If the ABA is satisfied that Internet service providers are not represented by a body or association, the ABA may publish a notice in the Gazette stating that, if such a body or association were to come into existence within a specified period, the ABA would be likely to give a notice to that body or association under subsection 39(1).
	(2)	The period specified in a notice under subsection (1) must run for at least 60 days.
41  Replacement of industry code
	(1)	Changes to an industry code are to be achieved by replacing the code instead of varying the code.
	(2)	If the replacement code differs only in minor respects from the original code, section 38 has effect, in relation to the registration of the code, as if paragraphs 38(1)(e) and (f) had not been enacted.
Note:	Paragraphs 38(1)(e) and (f) deal with submissions about draft codes.
42  Compliance with industry code
	(1)	If:
	(a)	a person is an Internet service provider; and
	(b)	the ABA is satisfied that the person has contravened, or is contravening, an industry code that is registered under this Part;
the ABA may, by written notice given to the person, direct the person to comply with the industry code.
	(2)	A person must comply with a direction under subsection (1).
Note:	For enforcement, see Part 5.
43  Formal warnings—breach of industry code
		The ABA may issue a formal warning if an Internet service provider contravenes an industry code registered under this Part.

Division 5—Industry standard
44  ABA may determine an industry standard if a request for an industry code is not complied with
	(1)	This section applies if:
	(a)	the ABA has made a request under subsection 39(1) in relation to the development of a code that is to:
	(i)	apply to Internet service providers; and
	(ii)	deal exclusively with the designated Internet gambling matters; and
	(b)	any of the following conditions is satisfied:
	(i)	the request is not complied with;
	(ii)	if indicative targets for achieving progress in the development of the code were specified in the notice of request—any of those indicative targets were not met;
	(iii)	the request is complied with, but the ABA subsequently refuses to register the code.
	(2)	The ABA may, by written instrument, determine a standard that applies to Internet service providers in relation to the designated Internet gambling matters. A standard under this subsection is to be known as an industry standard.
	(3)	Before determining an industry standard under this section, the ABA must consult the body or association to whom the request mentioned in paragraph (1)(a) was made.
Note:	See also section 52.
	(4)	A standard under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
	(5)	The Minister may give the ABA a written direction as to the exercise of its powers under this section.
45  ABA may determine industry standard where no industry body or association formed
	(1)	This section applies if:
	(a)	the ABA is satisfied that Internet service providers are not represented by a body or association; and
	(b)	the ABA has published a notice under subsection 40(1); and
	(c)	that notice states that, if such a body or association were to come into existence within a particular period, the ABA would be likely to give a notice to that body or association under subsection 39(1); and
	(d)	no such body or association comes into existence within that period.
	(2)	The ABA may, by written instrument, determine a standard that applies to Internet service providers and deals exclusively with the designated Internet gambling matters. A standard under this subsection is to be known as an industry standard.
Note:	See also section 52.
	(3)	A standard under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
	(4)	The Minister may give the ABA a written direction as to the exercise of its powers under this section.
46  ABA may determine industry standard—total failure of industry code
	(1)	This section applies if:
	(a)	an industry code that:
	(i)	applies to Internet service providers; and
	(ii)	deals exclusively with the designated Internet gambling matters;
		has been registered under this Part for at least 180 days; and
	(b)	the ABA is satisfied that the code is totally deficient (as defined by subsection (7)); and
	(c)	the ABA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and
	(d)	that period ends and the ABA is satisfied that it is necessary or convenient for the ABA to determine a standard that applies to Internet service providers and deals exclusively with the designated Internet gambling matters.
	(2)	The period specified in a notice under paragraph (1)(c) must run for at least 30 days.
	(3)	The ABA may, by written instrument, determine a standard that applies to Internet service providers and deals exclusively with the designated Internet gambling matters. A standard under this subsection is to be known as an industry standard.
	(4)	If the ABA is satisfied that a body or association represents Internet service providers, the ABA must consult the body or association before determining an industry standard under subsection (3).
Note:	See also section 52.
	(5)	A standard under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
	(6)	The industry code ceases to be registered under this Part on the day on which the industry standard comes into force.
	(7)	For the purposes of this section, an industry code that applies to Internet service providers and deals exclusively with the designated Internet gambling matters is totally deficient if, and only if, the code is not operating to provide appropriate community safeguards in relation to the designated Internet gambling matters.
	(8)	The Minister may give the ABA a written direction as to the exercise of its powers under this section.
47  ABA may determine industry standard—partial failure of industry code
	(1)	This section applies if:
	(a)	an industry code that:
	(i)	applies to Internet service providers; and
	(ii)	deals exclusively with the designated Internet gambling matters; and
		has been registered under this Part for at least 180 days; and
	(b)	section 46 does not apply to the code; and
	(c)	the ABA is satisfied that the code is deficient (as defined by subsection (7)) to the extent to which the code deals with one of the designated Internet gambling matters (the deficient matter); and
	(d)	the ABA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and
	(e)	that period ends and the ABA is satisfied that it is necessary or convenient for the ABA to determine a standard that applies to Internet service providers and deals with the deficient matter.
	(2)	The period specified in a notice under paragraph (1)(c) must run for at least 30 days.
	(3)	The ABA may, by written instrument, determine a standard that applies to Internet service providers and deals with the deficient matter. A standard under this subsection is to be known as an industry standard.
	(4)	If the ABA is satisfied that a body or association represents Internet service providers, the ABA must consult the body or association before determining an industry standard under subsection (3).
Note:	See also section 52.
	(5)	A standard under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
	(6)	On and after the day on which the industry standard comes into force, the industry code has no effect to the extent to which it deals with the deficient matter. However, this subsection does not affect:
	(a)	the continuing registration of the remainder of the industry code; or
	(b)	any investigation, proceeding or remedy in respect of a contravention of the industry code or section 42 that occurred before that day.
	(7)	For the purposes of this section, an industry code that applies to Internet service providers and deals exclusively with the designated Internet gambling matters is deficient to the extent to which it deals with a particular one of the designated Internet gambling matters if, and only if, the code is not operating to provide appropriate community safeguards in relation to that matter.
	(8)	The Minister may give the ABA a written direction as to the exercise of its powers under this section.
48  Compliance with industry standard
		If:
	(a)	an industry standard that applies to Internet service providers is registered under this Part; and
	(b)	a person is an Internet service provider;
the person must comply with the industry standard.
Note:	For enforcement, see Part 5.
49  Formal warnings—breach of industry standard
		The ABA may issue a formal warning if an Internet service provider contravenes an industry standard registered under this Part.
50  Variation of industry standard
	(1)	The ABA may, by written instrument, vary an industry standard that applies to Internet service providers if it is satisfied that it is necessary or convenient to do so to provide appropriate community safeguards in relation to either or both of the designated Internet gambling matters.
Note:	See also section 52.
	(2)	An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
51  Revocation of industry standard
	(1)	The ABA may, by written instrument, revoke an industry standard.
	(2)	If:
	(a)	an industry code is registered under this Part; and
	(b)	the code is expressed to replace an industry standard;
the industry standard is revoked when the code is registered.
	(3)	An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
52  Public consultation on industry standard
	(1)	Before determining or varying an industry standard, the ABA must:
	(a)	cause to be published in a newspaper circulating in each State a notice:
	(i)	stating that the ABA has prepared a draft of the industry standard or variation; and
	(ii)	stating that free copies of the draft will be made available to members of the public during normal office hours throughout the period specified in the notice; and
	(iii)	specifying the place or places where the copies will be available; and
	(iv)	inviting interested persons to give written comments about the draft to the ABA within the period specified under subparagraph (ii); and
	(b)	make copies of the draft available in accordance with the notice.
	(2)	The period specified under subparagraph (1)(a)(ii) must run for at least 30 days after the publication of the notice.
	(3)	Subsection (1) does not apply to a variation if the variation is of a minor nature.
	(4)	If interested persons have given comments in accordance with a notice under subsection (1), the ABA must have due regard to those comments in determining or varying the industry standard, as the case may be.
	(5)	In this section:
State includes the Northern Territory and the Australian Capital Territory.

Division 6—Industry code and industry standard to be included on a Register
53  Industry code and industry standard to be included on a Register
	(1)	The ABA is to maintain a Register in which the ABA includes:
	(a)	all industry codes required to be registered under this Part; and
	(b)	all industry standards; and
	(c)	all requests made under section 39; and
	(d)	all notices under section 40; and
	(e)	all directions under section 42.
	(2)	The Register may be maintained by electronic means.
	(3)	The Register is to be made available for inspection on the Internet.

Part 5—Complaints system: online provider rules
  
54  Online provider rules
		For the purposes of this Act, each of the following is an online provider rule:
	(a)	the rule set out in subsection 28(1);
	(b)	the rule set out in subsection 28(2);
	(c)	the rule set out in subsection 42(2);
	(d)	the rule set out in section 48.
55  Compliance with online provider rules
		A person is guilty of an offence if:
	(a)	an online provider rule is applicable to the person; and
	(b)	the person engages in conduct; and
	(c)	the person’s conduct contravenes the rule.
Penalty:	50 penalty units.
Note:	See also section 57.
56  Remedial directions—breach of online provider rules
	(1)	This section applies if an Internet service provider has contravened, or is contravening, an online provider rule.
	(2)	The ABA may give the provider a written direction requiring the provider to take specified action directed towards ensuring that the provider does not contravene the rule, or is unlikely to contravene the rule, in the future.
	(3)	The following are examples of the kinds of direction that may be given to an Internet service provider under subsection (2):
	(a)	a direction that the provider implement effective administrative systems for monitoring compliance with an online provider rule;
	(b)	a direction that the provider implement a system designed to give the provider’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of an online provider rule, in so far as those requirements affect the employees, agents or contractors concerned.
	(4)	A person is guilty of an offence if:
	(a)	the person is subject to a direction under subsection (2); and
	(b)	the person engages in conduct; and
	(c)	the person’s conduct contravenes the direction.
Penalty for contravention of this subsection:	50 penalty units.
Note:	See also section 57.
57  Continuing offences
	(1)	A person who contravenes section 55 or subsection 56(4) is guilty of 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.
	(2)	If an offence against this Part is a continuing offence, the maximum penalty for each day that the offence continues is 10% of the maximum penalty that could be imposed in respect of the principal offence.
58  Formal warnings—breach of online provider rules
		The ABA may issue a formal warning if a person contravenes an online provider rule.
59  Federal Court may order a person to cease supplying Internet carriage services
	(1)	If the ABA is satisfied that a person who is an Internet service provider is supplying an Internet carriage service otherwise than in accordance with an online provider rule, the ABA may apply to the Federal Court for an order that the person cease supplying that Internet carriage service.
	(2)	If the Federal Court is satisfied, on such an application, that the person is supplying an Internet carriage service otherwise than in accordance with the online provider rule, the Federal Court may order the person to cease supplying that Internet carriage service.

Part 6—Complaints system: protection from civil proceedings
  
60  Protection from civil proceedings
	(1)	Civil proceedings do not lie against an Internet service provider in respect of anything done by the provider in compliance with:
	(a)	a code registered under Part 4 of this Act; or
	(b)	a standard determined under Part 4 of this Act;
in so far as the code or standard deals with the procedures referred to in paragraph 35(b).
	(2)	Civil proceedings do not lie against an Internet service provider in respect of anything done by the provider in compliance with section 28.

Part 7—Complaints system: review of decisions
  
61  Review of decisions
	(1)	An application may be made to the Tribunal for a review of any of the following decisions made by the ABA:
	(a)	a decision to give an Internet service provider a standard access‑prevention notice;
	(b)	a decision to give an Internet service provider a special access‑prevention notice;
	(c)	a decision under section 42 or 56 to:
	(i)	give a direction to an Internet service provider; or
	(ii)	vary a direction that is applicable to an Internet service provider; or
	(iii)	refuse to revoke a direction that is applicable to an Internet service provider.
	(2)	An application under subsection (1) may only be made by the Internet service provider concerned.
	(3)	An application may be made to the Tribunal for a review of a decision of the ABA under section 38 to refuse to register a code.
	(4)	An application under subsection (3) may only be made by the body or association that developed the code.
	(5)	If the ABA makes a decision that is reviewable under this section, the ABA is to include in the document by which the decision is notified:
	(a)	a statement setting out the reasons for the decision; and
	(b)	a statement to the effect that an application may be made to the Tribunal for a review of the decision.
	(6)	In this section:
Tribunal means:
	(a)	before the commencement of Parts 4 to 10 of the Administrative Review Tribunal Act 2001—the Administrative Appeals Tribunal; and
	(b)	after the commencement of Parts 4 to 10 of the Administrative Review Tribunal Act 2001—the Administrative Review Tribunal.

Part 8—Miscellaneous
  
62  Application of Criminal Code
		Chapter 2 of the Criminal Code (except Part 2.5) applies to an offence against this Act.
63  Conduct by directors, employees and agents
Body corporate
	(1)	If, in proceedings for:
	(a)	an offence against this Act; or
	(b)	an ancillary offence relating to this Act;
it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
	(c)	that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and
	(d)	that the director, employee or agent had the state of mind.
	(2)	Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for:
	(a)	an offence against this Act; or
	(b)	an ancillary offence relating to this Act;
to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
Person other than a body corporate
	(3)	If, in proceedings for:
	(a)	an offence against this Act; or
	(b)	an ancillary offence relating to this Act;
it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:
	(c)	that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and
	(d)	that the employee or agent had the state of mind.
	(4)	Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for:
	(a)	an offence against this Act; or
	(b)	an ancillary offence relating to this Act;
to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.
	(5)	If:
	(a)	a person other than a body corporate is convicted of an offence; and
	(b)	the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
State of mind
	(6)	A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:
	(a)	the knowledge, intention, opinion, belief or purpose of the person; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
Director
	(7)	A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.
Ancillary offence relating to this Act
	(8)	A reference in this section to an ancillary offence relating to this Act is a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to this Act.
64  Service of summons or process on foreign corporations—criminal proceedings
	(1)	This section applies to a summons or process in any criminal proceedings under this Act, where:
	(a)	the summons or process is required to be served on a body corporate incorporated outside Australia; and
	(b)	the body corporate does not have a registered office or a principal office in Australia; and
	(c)	the body corporate has an agent in Australia.
	(2)	Service of the summons or process may be effected by serving it on the agent.
	(3)	Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901.
Note:	Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.
	(4)	In this section:
criminal proceeding includes a proceeding to determine whether a person should be tried for an offence.
65  Service of notices
		In addition to other methods of giving a notice, a notice under this Act may be given by facsimile transmission.
66  Application of the Broadcasting Services Act 1992
	(1)	The following provisions of the Broadcasting Services Act 1992 have effect as if each reference in those provisions to that Act included a reference to this Act:
	(a)	section 3;
	(b)	subparagraph 5(1)(b)(ii);
	(c)	subsection 5(2);
	(d)	paragraph 158(n);
	(e)	paragraph 160(c):
	(f)	subsection 162(1);
	(g)	paragraph 168(2)(b);
	(h)	paragraph 171(2)(a);
	(i)	section 183;
	(j)	paragraph 187(2)(b).
	(2)	Paragraph 18(2)(j) of Schedule 3 to the Broadcasting Services Act 1992 does not apply to a notice given under this Act.
67  Additional ABA function—monitoring compliance with codes and standards
		The ABA’s functions include monitoring compliance with codes and standards registered under Part 4.
68  Review before 1 July 2004
	(1)	Before 1 July 2004, the Minister must cause to be conducted a review of the operation of this Act.
	(2)	The Minister must cause to be prepared a report of a review under subsection (1).
	(3)	The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.
69  Operation of State and Territory laws
		This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.
70  Regulations
		The Governor‑General may make regulations prescribing matters:
	(a)	required or permitted to be prescribed by this Act; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act.