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Interactive Gambling Amendment (National Self-exclusion Register) Act 2019 (127 of 2019)

Schedule 1 National Self-exclusion Register

Interactive Gambling Act 2001

9 After Part 7A

Insert:

Part 7B - National Self-exclusion Register

Division 1 - Introduction

61GA Simplified outline of this Part

• This Part sets up a mechanism that allows individuals to exclude themselves from being provided with licensed interactive wagering services.

• The ACMA must arrange for a body corporate to keep a register to be known as the National Self-exclusion Register. The body corporate is to be known as the Register operator.

• An individual may apply to the Register operator for the individual to be registered in the National Self-exclusion Register.

• A licensed interactive wagering service provider must not:

(a) provide a licensed interactive wagering service to a registered individual; or

(b) send, or cause to be sent, a regulated electronic message to an electronic address of a registered individual; or

(d) send, or cause to be sent, regulated direct marketing material to a registered individual; or

(e) disclose information about a registered individual for marketing purposes; or

(f) open a licensed interactive wagering service account for a registered individual.

• The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual.

61GB Definitions

In this Part:

account includes:

(a) a pre-paid account; and

(b) a credit account; and

It is immaterial whether an account has a nil balance.

applicable identification procedure has the meaning ascertained in accordance with the Register rules.

archived records consent has the meaning given by subsection 61JL(2).

benefit includes any advantage and is not limited to property.

contracted service provider :

(a) in relation to a licensed interactive wagering service provider - means a person who performs services for or on behalf of the provider, but does not include a person who performs such services in the capacity of an employee of the provider; or

(b) in relation to the Register operator - means a person who performs services for or on behalf of the Register operator, but does not include a person who performs such services in the capacity of an employee of the Register operator.

electronic message has the meaning given by section 61GE.

gambling-related lobbying means lobbying any one or more of the following:

(a) a government;

(b) a department, agency or authority of a government;

(d) a member of a legislative body;

(e) a political party;

(f) a candidate in an election;

in relation to:

(g) gambling services; or

(h) one or more kinds of gambling services; or

(i) one or more particular gambling services.

general practitioner has the same meaning as in the Health Insurance Act 1973.

late payment penalty has the meaning given by subsection 61PB(2).

levy means levy imposed by the National Self-exclusion Register (Cost Recovery Levy) Act 2019.

licensed interactive wagering service means a regulated interactivegambling service that:

(a) is a wagering service (see section 4); and

(b) has an Australian-customer link (see section 8); and

licensed interactive wagering service account means an account that:

(a) an individual has with a licensed interactive wagering service provider; and

(b) relates exclusively to the provision, or prospective provision, of one or more licensed interactive wagering services to the individual.

licensed interactive wagering service provider means a person who provides a licensed interactive wagering service.

listed support service means a support service specified in the Register rules.

lobby includes:

(a) communicate, in any way, with a person or a group of persons for the purpose of influencing any process, decision or outcome; and

(b) represent the interests of a person, in any process.

make includes attempt to make.

message means information:

(a) whether in the form of text; or

(b) whether in the form of data; or

(d) whether in the form of visual images (animated or otherwise); or

(e) whether in any other form; or

(f) whether in any combination of forms.

name , in relation to an individual, means:

(a) the individual's full name; or

(b) the name by which the individual is commonly known.

National Self-exclusion Register means the register kept under section 61HA.

nominated support person , in relation to a registered individual, means an individual identified in the National Self-exclusion Register as a nominated support person of the registered individual.

ownership interest , in relation to a body corporate:

(a) means an interest in the body corporate as a shareholder in the body corporate; and

(b) includes such an interest held indirectly through one or more interposed companies, partnerships or trusts.

proclaimed start day has the meaning given by section 61GC.

protected information has the meaning given by section 61NA.

public official includes a person who holds, or performs the duties of, a ministerial office.

qualified counsellor means an individual who is a member of:

(a) the Psychotherapy and Counselling Federation of Australia; or

(b) the Australian Counselling Association.

qualified psychologist means an individual who is registered as a psychologist under:

(a) for a State or Territory other than Western Australia - the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or

(b) for Western Australia - the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.

recognised third-party identification procedure has the meaning given by the Register rules.

registered individual means an individual registered in the National Self-exclusion Register under this Part.

Register operator means the body corporate who keeps the National Self-exclusion Register as mentioned in subsection 61HA(1).

Register rules means rules made under section 61QH.

regulated direct marketing material has the meaning given by section 61GH.

regulated electronic message has the meaning given by section 61GF.

regulated telemarketing call has the meaning given by section 61GG.

resolved , in relation to an outstanding or pending bet, has the meaning given by section 61GD.

send includes attempt to send.

State/Territory wagering licensing or regulatory body means:

(a) a body that is responsible for issuing or granting licences (however described) under a law of a State or Territory that authorises the provision of a particular kind of licensed interactive wagering service in the State or Territory; or

(b) a body that is responsible for regulating persons who hold licences covered by paragraph (a).

support service includes a counselling service.

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 individual with a disability (for example, because the individual has a hearing impairment) - a call that is equivalent to a call covered by either of those paragraphs.

61GC Proclaimed start day

(1) For the purposes of this Part, proclaimed start day means the day fixed by Proclamation for the purposes of this subsection.

Note 1: The proclaimed start day is the first day on which an individual can apply to be registered in the National Self-exclusion Register - see subsection 61JA(9).

Note 2: Section 61QF provides for a review of this Part to be conducted after the end of the 12-month period beginning at the start of the proclaimed start day.

Note 3: Section 61QG provides for an evaluation of this Part to be conducted after the end of the 3-year period beginning at the start of the proclaimed start day.

(2) A Proclamation under subsection (1) is taken to be a commencement instrument for the purposes of the Legislation Act 2003.

61GD When an outstanding or pending bet is resolved

(1) For the purposes of this Part:

(a) if an outstanding or pending bet turns out to be a winning bet - the bet is resolved when the bet is settled; and

(b) if an outstanding or pending bet turns out to be a losing bet - the bet is resolved when it becomes clear that the bet is a losing bet; and

(c) if the bettor becomes entitled to a refund of the bet - the bet is resolved when it becomes clear that the bettor has become entitled to a refund of the bet.

(2) For the purposes of paragraph (1)(c), it is immaterial whether a refund is or will be made by way of a credit to a licensed interactive wagering service account.

61GE Electronic messages

(1) For the purposes of this Part, an electronic message is a message sent:

(a) using:

(i) an internet carriage service; or

(ii) any other listed carriage service; and

(b) to an electronic address in connection with:

(i) an email account; or

(ii) an instant messaging account; or

(iii) a telephone account; or

(iv) a similar account.

Note: Email addresses and telephone numbers are examples of electronic addresses.

(2) For the purposes of subsection (1), it is immaterial whether the electronic address exists.

(3) For the purposes of subsection (1), it is immaterial whether the message reaches its intended destination.

(4) Subsection (1) has effect subject to subsection (5).

Excluded messages - voice calls

(5) If a message is sent by way of a voice call, the message is not an electronic message for the purposes of this Part.

61GF Regulated electronic messages

(1) For the purposes of this Part, a regulated electronic message is an electronic message, where, having regard to:

(a) the content of the message; and

(b) the way in which the message is presented; and

(c) the content that can be located using the links, telephone numbers or contact information (if any) set out in the message;

it would be concluded that the purpose, or one of the purposes, of the message is:

(d) to offer to provide licensed interactive wagering services; or

(e) to advertise or promote licensed interactive wagering services; or

(f) to advertise or promote a provider, or prospective provider, of licensed interactive wagering services.

(2) Paragraphs (1)(d), (e) and (f) are to be read independently of each other.

61GG Regulated telemarketing calls

(1) For the purposes of this Part, a regulated telemarketing call is a voice call, where, having regard to:

(a) the content of the call; and

(b) the presentational aspects of the call; and

(d) if:

(i) the call is made from a telephone number; and

(ii) that number is disclosed to the recipient (whether by calling line identification or otherwise);

the content (if any) that can be obtained by calling that number;

it would be concluded that the purpose, or one of the purposes, of the call is:

(e) to offer to provide licensed interactive wagering services; or

(f) to advertise or promote licensed interactive wagering services; or

(g) to advertise or promote a provider, or prospective provider, of licensed interactive wagering services.

(2) Paragraphs (1)(e), (f) and (g) are to be read independently of each other.

61GH Regulated direct marketing material

(1) For the purposes of this Part, regulated direct marketing material means physical material, where, having regard to:

(a) the content of the material; and

(b) the way in which the material is presented; and

(c) the content that can be located using the URLs, telephone numbers or contact information (if any) set out in the material;

it would be concluded that the purpose, or one of the purposes, of the material is:

(d) to offer to provide licensed interactive wagering services; or

(e) to advertise or promote licensed interactive wagering services; or

(f) to advertise or promote a provider, or prospective provider, of licensed interactive wagering services.

(2) Paragraphs (1)(d), (e) and (f) are to be read independently of each other.

Division 2 - National Self-exclusion Register

61HA National Self-exclusion Register

(1) The ACMA must arrange for a body corporate (the Register operator ) to keep, on behalf of the ACMA, a register to be known as the National Self-exclusion Register.

(2) The register may also be known by a name specified in the Register rules.

(3) The register is to be kept in electronic form.

(4) The register is not a legislative instrument.

Payments to the Register operator

(5) An arrangement under subsection (1) may provide for the ACMA, on behalf of the Commonwealth, to make payments to the Register operator.

Register operator must not provide a gambling service or undertake gambling-related lobbying etc.

(6) The ACMA must not make an arrangement under subsection (1) with a body corporate that:

(a) provides a gambling service; or

(b) is a member of the same related company group as a body corporate that provides a gambling service; or

(d) undertakes gambling-related lobbying; or

(e) is a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or

(f) holds an ownership interest in a body corporate that undertakes gambling-related lobbying.

(7) The ACMA must ensure that an arrangement under subsection (1) is subject to a condition that the Register operator must not:

(a) provide a gambling service; or

(b) be a member of the same related company group as a body corporate that provides a gambling service; or

(d) undertake gambling-related lobbying; or

(e) be a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or

(f) hold an ownership interest in a body corporate that undertakes gambling-related lobbying.

Division 3 - Registration in the National Self-exclusion Register

61JA Application for registration

(1) An individual may apply to the Register operator for the individual to be registered in the National Self-exclusion Register.

(2) An application under subsection (1) must:

(a) state that the applicant wants to be registered for a specified number of months; or

(b) state that the applicant wants to be registered for a specified number of years; or

(3) The number of months specified under paragraph (2)(a):

(a) must be a whole number; and

(b) must not be less than 3.

(4) The number of years specified under paragraph (2)(b) must be a whole number.

(5) An application under subsection (1) must be made in a manner prescribed by the Register rules.

(6) An application under subsection (1) must:

(a) include a statement to the effect that the applicant is ordinarily resident in Australia; and

(b) include such information relating to the applicant as is prescribed by the Register rules.

Nominated support person

(7) An application under subsection (1) may:

(a) nominate:

(i) another individual to be a nominated support person of the applicant; or

(ii) each of 2 other individuals to be a nominated support person of the applicant; or

(iii) each of 3 other individuals to be a nominated support person of the applicant; or

(iv) each of 4 other individuals to be a nominated support person of the applicant; or

(v) each of 5 other individuals to be a nominated support person of the applicant; and

(b) include a statement to the effect that the applicant has obtained the consent of the other individual, or each of the other individuals, to be a nominated support person of the applicant; and

(c) include such information relating to the other individual, or each of the other individuals, as is prescribed by the Register rules.

Reactivation of a previous registration

(8) If:

(a) an application is made under subsection (1); and

(b) the applicant ceased to be a registered individual on one or more occasions during the 7-year period ending when the application was made; and

(d) the application includes a statement to the effect that the applicant wants to reactivate the applicant's previous registration;

then:

(e) the Register operator may use any or all of the information and statements included in the applicant's entry in the National Self-exclusion Register (as it stood immediately before that most recent cessation of registration) to prefill any or all of the fields in the application; and

(f) the applicant may delete or modify any or all of the prefilled information or statements before finalising the application.

Proclaimed start day

(9) An individual is not entitled to make an application under subsection (1) before the proclaimed start day.

61JB Applicable identification procedure

(1) If an individual makes an application under section 61JA to be registered in the National Self-exclusion Register, the Register operator must attempt to carry out the applicable identification procedure in respect of the applicant.

(2) Subsection (1) does not apply if a recognised third-party identification procedure has been carried out in respect of the applicant.

(3) Subsection (1) does not apply if:

(a) the applicant ceased to be a registered individual on one or more occasions during the 7-year period ending when the application was made; and

(b) the applicant gave an archived records consent that is applicable to the most recent cessation of registration; and

(c) the application includes a statement to the effect that the applicant wants to reactivate the applicant's previous registration.

61JC Registration

(1) If:

(a) an individual (the relevant individual ) makes an application under section 61JA to be registered in the National Self-exclusion Register; and

(b) either:

(i) the Register operator has carried out the applicable identification procedure in respect of the relevant individual; or

(ii) as a result of subsection 61JB(2) or (3), the Register operator is not required to attempt to carry out the applicable identification procedure in respect of the relevant individual;

the Register operator must:

(d) do so within the period ascertained in accordance with the Register rules.

(2) The entry must include:

(a) the relevant individual's name; and

(b) if the application nominated:

(i) another individual to be a nominated support person of the applicant; or

(ii) each of 2 other individuals to be a nominated support person of the applicant; or

(iii) each of 3 other individuals to be a nominated support person of the applicant; or

(iv) each of 4 other individuals to be a nominated support person of the applicant; or

(v) each of 5 other individuals to be a nominated support person of the applicant;

for each nominated individual:

(vi) a statement to the effect that the individual is a nominated support person of the relevant individual; and

(vii) such other information relating to the individual as is prescribed by the Register rules.

(3) If the entry includes a statement to the effect that another individual is a nominated support person of the relevant individual, the Register operator must:

(a) notify the other individual:

(i) that the Register operator has registered the relevant individual; and

(ii) that the other individual is a nominated support person of the relevant individual; and

(iii) of such other information (if any) as is prescribed by the Register rules; and

(b) do so as soon as practicable after registering the relevant individual.

61JD Bribery etc.

Offence - bribery

(1) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person:

(i) provides a benefit to an individual; or

(ii) causes a benefit to be provided to an individual; or

(iii) offers to provide, or promises to provide, a benefit to an individual; or

(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to an individual; and

(i) not to become a registered individual; or

(ii) to cease to be a registered individual.

Penalty: 120 penalty units.

Civil penalty provision - bribery

(2) A licensed interactive wagering service provider must not:

(a) provide a benefit to an individual; or

(b) cause a benefit to be provided to an individual; or

(d) cause an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to an individual;

with the intention of influencing the individual:

(e) not to become a registered individual; or

(f) to cease to be a registered individual.

Civil penalty: 180 penalty units.

Offence - influence

(3) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person does an act or thing; and

(i) not to become a registered individual; or

(ii) to cease to be a registered individual.

Penalty: 60 penalty units.

Civil penalty provision - influence

(4) A licensed interactive wagering service provider must not do an act or thing with the intention of influencing an individual:

(a) not to become a registered individual; or

(b) to cease to be a registered individual.

Civil penalty: 90 penalty units.

Offence - extended geographical jurisdiction

(5) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (1) or (3).

61JE Re-registration

If an individual's entry is removed from the National Self-exclusion Register, this Act does not prevent the Register operator from subsequently re-registering the individual under subsection 61JC(1).

61JF Duration of registration

Registration for a number of months

(1) If:

(a) in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self-exclusion Register; and

(b) the application stated that the individual wants to be registered for a specified number of months;

the registration remains in force for that number of months.

(2) Subsection (1) has effect subject to sections 61JG, 61JK, 61JM and 61JN.

Registration for a number of years

(3) If:

(a) in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self-exclusion Register; and

(b) the application stated that the individual wants to be registered for a specified number of years;

the registration remains in force for that number of years.

(4) Subsection (3) has effect subject to sections 61JG, 61JK, 61JM and 61JN.

Registration for life

(5) If:

(a) in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self-exclusion Register; and

(b) the application stated that the individual wants to be registered for life;

the registration remains in force for the life of the individual.

(6) Subsection (5) has effect subject to sections 61JK, 61JM and 61JN.

Nominated support person to be notified of duration of registration

(7) If:

(a) the Register operator registers an individual by making an entry for the individual in the National Self-exclusion Register; and

(b) the individual has a nominated support person;

the Register operator must:

(d) do so as soon as practicable after registering the individual.

61JG Extension of duration of registration

(1) A registered individual may:

(a) apply to the Register operator to extend the duration of the individual's registration by a specified number of months; or

(b) apply to the Register operator to extend the duration of the individual's registration by a specified number of years; or

(c) apply to the Register operator to extend the duration of the individual's registration to the end of the individual's life.

(2) A number of months specified under paragraph (1)(a) must be a whole number.

(3) A number of years specified under paragraph (1)(b) must be a whole number.

(4) An application under subsection (1) must:

(a) include such information (if any) as is prescribed by the Register rules; and

(b) be made in a manner prescribed by the Register rules.

(5) If a registered individual makes an application under subsection (1) to extend the duration of the individual's registration by a specified number of months, the Register operator must extend the duration of the individual's registration by that number of months.

(6) If a registered individual makes an application under subsection (1) to extend the duration of the individual's registration by a specified number of years, the Register operator must extend the duration of the individual's registration by that number of years.

(7) If a registered individual makes an application under subsection (1) to extend the duration of the individual's registration to the end of the individual's life, the Register operator must extend the duration of the individual's registration to the end of the individual's life.

(8) If:

(a) the Register operator extends the duration of a registered individual's registration; and

(b) the individual has a nominated support person;

the Register operator must:

(i) the extension; and

(ii) if the extension is not to the end of the individual's life - the time when the individual's registration will expire as a result of the extension; and

(d) do so as soon as practicable after making the extension.

61JH Expiry of registration

(1) If the registration of a registered individual expires, the Register operator must remove the individual's entry from the National Self-exclusion Register.

(2) If the registration of a registered individual will expire at a known time, the Register operator must:

(a) notify the individual that the individual's registration will expire at that time; and

(b) do so at least 14 days before that time.

(3) If:

(a) the registration of a registered individual will expire at a known time; and

(b) the individual has a nominated support person;

the Register operator must:

(d) do so at least 14 days before that time.

61JI Variation of the National Self-exclusion Register - nominated support person

New nominated support person

(1) The Register rules may authorise the Register operator to vary a registered individual's entry in the National Self-exclusion Register by including:

(a) a statement to the effect that another individual is a nominated support person of the registered individual; and

(b) such information relating to the other individual as is prescribed by the Register rules.

(2) If, as the result of a variation under Register rules made for the purposes of subsection (1), an individual (the relevant individual ) becomes a nominated support person of a registered individual, the Register operator must:

(a) notify the relevant individual that the relevant individual has become a nominated support person of the registered individual; and

(b) do so as soon as practicable after the relevant individual becomes a nominated support person of the registered individual.

Ceasing to be a nominated support person

(3) The Register rules may authorise the Register operator to vary a registered individual's entry in the National Self-exclusion Register by deleting:

(a) a statement relating to a nominated support person of the registered individual; and

(b) any information relating to the nominated support person.

(4) If, as the result of a variation under Register rules made for the purposes of subsection (3), an individual (the former nominated support person ) ceases to be a nominated support person of a registered individual, the Register operator must:

(a) notify the former nominated support person of the cessation; and

(b) do so as soon as practicable after the cessation.

Death of nominated support person

(5) The Register rules may provide that, if:

(a) a registered individual has a nominated support person; and

(b) the Register operator becomes aware that the nominated support person has died;

the Register operator must vary the registered individual's entry in the National Self-exclusion Register by deleting:

(d) any information relating to the nominated support person.

Other matters

(6) The Register operator must not vary a registered individual's entry in the National Self-exclusion Register if doing so would result in the registered individual having more than 5 nominated support persons.

(6) This section does not, by implication, limit section 61JJ.

61JJ Variation of the National Self-exclusion Register - other matters

The Register rules may authorise the Register operator to vary entries in the National Self-exclusion Register.

61JK Deregistration - application by a registered individual

(1) A registered individual may apply to the Register operator to remove the individual's entry from the National Self-exclusion Register.

(2) However, a registered individual is not entitled to make an application under subsection (1) during the 3-month period beginning at the time when the individual's registration came into force, unless the individual was previously registered before that time.

(3) An application under subsection (1) must:

(a) be in writing; and

(b) include such information (if any) as is prescribed by the Register rules.

(4) An application made by a registered individual under subsection (1) must be accompanied by a statutory declaration:

(a) that is made by the registered individual; and

(b) that:

(i) is to the effect that, during the 3-month period ending when the application was made, the registered individual obtained counselling or advice from a qualified counsellor about the registered individual's decision to make the application; or

(ii) is to the effect that, during the 3-month period ending when the application was made, the registered individual obtained counselling or advice from a qualified psychologist about the registered individual's decision to make the application; or

(iii) is to the effect that, during the 3-month period ending when the application was made, the registered individual obtained counselling or advice from a general practitioner about the registered individual's decision to make the application; or

(iv) is to the effect that, during the 3-month period ending when the application was made, the registered individual obtained counselling or advice from a listed support service about the registered individual's decision to make the application.

(5) If:

(a) a registered individual makes an application under subsection (1) to remove the individual's entry from the National Self-exclusion Register; and

(b) the registered individual has a nominated support person;

the Register operator must:

(i) that the application has been made; and

(ii) that the application can be withdrawn by the registered individual before the end of the seventh day after the day the application was made; and

(iii) that, if the application is not withdrawn, the registered individual's entry will be removed from the National Self-exclusion Register at the start of the eighth day after the day the application was made; and

(d) if the application is not withdrawn by the registered individual before the end of the seventh day after the day the application was made:

(i) remove the registered individual's entry from the National Self-exclusion Register at the start of the eighth day after the day the application was made; and

(ii) notify the nominated support person of the removal; and

(e) if the application is withdrawn by the registered individual before the end of the seventh day after the day the application was made - notify the nominated support person of the withdrawal.

(6) If:

(a) a registered individual makes an application under subsection (1) to remove the individual's entry from the National Self-exclusion Register; and

(b) the registered individual does not have a nominated support person; and

(c) the application is not withdrawn by the registered individual before the end of the seventh day after the day the application was made;

the Register operator must remove the registered individual's entry from the National Self-exclusion Register at the start of the eighth day after the day the application was made.

61JL Archived records consent

(1) An individual may make a statement to the Register operator:

(a) to the effect that, in the event that the individual ceases to be a registered individual, the individual consents to the Register operator archiving a copy of the individual's entry in the National Self-exclusion Register (as it stood immediately before the cessation) for 7 years after the cessation; and

(b) acknowledging that the archived copy can be used by the Register operator to facilitate a subsequent re-registration of the individual in the National Self-exclusion Register.

(2) A consent under subsection (1) is to be known as an archived records consent .

(3) A statement under subsection (1) may be included in an application made under this Part or the Register rules.

(4) If an individual has given an archived records consent, the relevant archived copy of the individual's entry in the National Self-exclusion Register may only be used by the Register operator to facilitate a subsequent re-registration of the individual in the National Self-exclusion Register.

61JM Deregistration - other grounds

The Register operator must remove a registered individual's entry from the National Self-exclusion Register if the Register operator is aware that:

(a) the individual is not ordinarily resident in Australia; or

(b) the individual has died.

61JN Correction of the National Self-exclusion Register

(1) The Register operator may correct entries in the National Self-exclusion Register.

(2) The ACMA may give written directions to the Register operator relating to the exercise of its powers under subsection (1).

(3) The Register operator must comply with a direction under subsection (2).

(4) The Register rules may require the Register operator to correct entries in the National Self-exclusion Register in the circumstances prescribed by the Register rules.

(5) The Register operator must remove an entry from the National Self-exclusion Register if the entry was made in error.

(6) The Register rules may require the Register operator to remove entries from the National Self-exclusion Register in the circumstances prescribed by the Register rules.

(7) This section does not, by implication, limit:

(a) section 61JJ; or

(b) Australian Privacy Principle 13; or

61JO Register rules may make further provision in relation to the National Self-exclusion Register

The Register rules may make further provision in relation to the National Self-exclusion Register.

61JP Licensed interactive wagering service providers must promote the National Self-exclusion Register etc.

(1) The Register rules may require licensed interactive wagering service providers to take specified action for the purposes of promoting the National Self-exclusion Register to their customers.

(2) The Register rules may require licensed interactive wagering service providers to take specified action directed towards ensuring that their customers are aware of, and can readily access, the following:

(a) the website of the National Self-exclusion Register;

(b) if there is an app for the National Self-exclusion Register - that app.

Offence

(3) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person engages in conduct; and

Penalty: 120 penalty units.

(4) A person who contravenes subsection (3) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues.

Civil penalty provision

(5) A licensed interactive wagering service provider must not contravene Register rules made for the purposes of subsection (1) or (2).

Civil penalty: 180 penalty units.

(6) A person who contravenes subsection (5) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

Exception

(7) Subsections (3) and (5) do not apply if the contravention occurred in circumstances prescribed by the Register rules.

Note 1: In a prosecution for an offence against subsection (3), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Note 2: In proceedings for a civil penalty order for a contravention of subsection (5), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Offence - extended geographical jurisdiction

(8) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (3).

Division 4 - Prohibition of the provision of licensed interactive wagering services to registered individuals

61KA Prohibition of the provision of licensed interactive wagering services to registered individuals

Offence

(1) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person provides a licensed interactive wagering service to an individual; and

Penalty: 500 penalty units.

(2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues.

Civil penalty provision

(3) A licensed interactive wagering service provider must not provide a licensed interactive wagering service to a registered individual.

Civil penalty: 750 penalty units.

(4) A person who contravenes subsection (3) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

Exception

(5) Subsections (1) and (3) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Note 3: In proceedings for a civil penalty order for a contravention of subsection (3), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Offence - extended geographical jurisdiction

(6) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (1).

Division 5 - Prohibition of the marketing of licensed interactive wagering services to registered individuals

61LA Regulated electronic message must not be sent to an electronic address of a registered individual

Offence - knowledge of provider

(1) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person sends, or causes to be sent, a regulated electronic message to an electronic address; and

Penalty: 120 penalty units.

Civil penalty provision - knowledge of provider

(2) A licensed interactive wagering service provider must not send, or cause to be sent, a regulated electronic message to an electronic address that is known by the provider to be an electronic address of a registered individual.

Civil penalty: 180 penalty units.

Offence - recklessness of provider

(3) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person sends, or causes to be sent, a regulated electronic message to an electronic address; and

(d) the person is reckless as to the fact that the electronic address is an electronic address of the registered individual.

Penalty: 60 penalty units.

Civil penalty provision - recklessness of provider

(4) A licensed interactive wagering service provider must not send, or cause to be sent, a regulated electronic message to an electronic address if:

(a) the electronic address is an electronic address of a registered individual; and

(b) the person is reckless as to the fact that the electronic address is an electronic address of the registered individual.

Civil penalty: 90 penalty units.

(5) For the purposes of subsection (4), a person is reckless as to the fact mentioned in paragraph (b) of that subsection if:

(a) the person is aware of a substantial risk that the fact exists; and

(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.

Exception

(6) Subsections (1), (2), (3) and (4) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Note 3: In proceedings for a civil penalty order for a contravention of subsection (2) or (4), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Offences - extended geographical jurisdiction

(7) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (1) or (3).

61LB Regulated telemarketing calls must not be made to a registered individual

Offence

(1) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person makes, or causes to be made, a regulated telemarketing call to another person; and

Penalty: 120 penalty units.

Civil penalty provision

(2) A licensed interactive wagering service provider must not make, or cause to be made, a regulated telemarketing call to a registered individual.

Civil penalty: 180 penalty units.

Exception

(3) Subsections (1) and (2) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Note 3: In proceedings for a civil penalty order for a contravention of subsection (2), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Offence - extended geographical jurisdiction

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (1).

61LC Regulated direct marketing material must not be sent to a registered individual

Offence

(1) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person sends, or causes to be sent, regulated direct marketing material to an individual; and

(d) in a case where paragraph 61GH(1)(f) applies to the material - the person sends, or causes to be sent, the regulated direct marketing material to the individual by a postal service or other like service.

Penalty: 120 penalty units.

Civil penalty provision

(2) A licensed interactive wagering service provider must not send, or cause to be sent, regulated direct marketing material to a registered individual if:

(a) paragraph 61GH(1)(d) or (e) applies to the material; or

(b) in a case where paragraph 61GH(1)(f) applies to the material - the licensed interactive wagering service provider sends, or causes to be sent, the regulated direct marketing material to the registered individual by a postal service or other like service.

Civil penalty: 180 penalty units.

Exception

(3) Subsections (1) and (2) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Offence - extended geographical jurisdiction

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (1).

61LD Information about a registered individual must not be disclosed for marketing purposes

Offence

(1) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person discloses any of the following information relating to an individual:

(i) the name of the individual;

(ii) an electronic address of the individual;

(iii) a telephone number of the individual;

(iv) the physical or postal address of the individual;

(v) such other information (if any) relating to the individual as is prescribed by the Register rules; and

(i) to send, or cause to be sent, a regulated electronic message to an electronic address of the individual; or

(ii) to make, or cause to be made, a regulated telemarketing call to the individual; or

(iii) to send, or cause to be sent, regulated direct marketing material to the individual; and

(d) the individual is a registered individual; and

(e) the individual has or had a licensed interactive wagering service account with the person.

Penalty: 120 penalty units.

Civil penalty provision

(2) A licensed interactive wagering service provider must not disclose any of the following information relating to a registered individual:

(a) the name of the individual;

(b) an electronic address of the individual;

(d) the physical or postal address of the individual;

(e) such other information (if any) relating to the individual as is prescribed by the Register rules;

if:

(f) the provider does so with the intention that the information be used by the recipient of the information:

(i) to send, or cause to be sent, a regulated electronic message to an electronic address of the individual; or

(ii) to make, or cause to be made, a regulated telemarketing call to the individual; or

(iii) to send, or cause to be sent, regulated direct marketing material to the individual; and

(g) the individual has or had a licensed interactive wagering service account with the provider.

Civil penalty: 180 penalty units.

Exception

(3) Subsections (1) and (2) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Offence - extended geographical jurisdiction

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (1).

Division 6 - Rules about licensed interactive wagering service accounts etc.

61MA Licensed interactive wagering service account must not be opened for a registered individual

Offence

(1) A person commits an offence if:

(a) the person is a licensed interactive wagering service provider; and

(b) the person opens a licensed interactive wagering service account for an individual; and

Penalty: 120 penalty units.

Civil penalty provision

(2) A licensed interactive wagering service provider must not open a licensed interactive wagering service account for a registered individual.

Civil penalty: 180 penalty units.

Exception

(3) Subsections (1) and (2) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Offence - extended geographical jurisdiction

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (1).

61MB Closure of a licensed interactive wagering service account held by a registered individual - no outstanding or pending bets

Offence

(1) If:

(a) an individual becomes a registered individual; and

(b) immediately before becoming a registered individual:

(i) the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and

(ii) the individual did not have any outstanding or pending bets that are attributable to the provision of a licensed interactive wagering service by the provider;

then:

(c) if, immediately before becoming a registered individual, the individual did not owe any debts to the provider that could lawfully be recovered by way of deduction from the account - the provider must, as soon as practicable after the individual becomes a registered individual:

(i) close the account; and

(ii) if the account has a credit balance - pay the individual an amount equal to the credit balance; and

(d) if, immediately before becoming a registered individual, the individual owed one or more debts to the provider that could lawfully be recovered by way of deduction from the account - the provider must, as soon as practicable after the individual becomes a registered individual:

(i) close the account; and

(ii) if the account would have a credit balance if the total amount of those debts were deducted from the account - pay the individual an amount equal to the difference between the balance of the account and the total amount of those debts; and

(e) if the individual ceases to be a registered individual before the closure of the account - the provider must ensure that the account is not used in relation to the provision, or prospective provision, of one or more licensed interactive wagering services to the individual after the cessation; and

(f) if the account has been closed - the provider must not reopen, reactivate or reinstate the account.

(2) Paragraph (1)(e) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

(3) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1); and

(b) the person engages in conduct; and

Penalty: 120 penalty units.

(4) Subsection (3) does not apply if the person took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (3), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Civil penalty provision

(5) If:

(a) an individual becomes a registered individual; and

(b) immediately before becoming a registered individual:

(i) the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and

(ii) the individual did not have any outstanding or pending bets that are attributable to the provision of a licensed interactive wagering service by the provider;

then:

(i) close the account; and

(ii) if the account has a credit balance - pay the individual an amount equal to the credit balance; and

(i) close the account; and

(f) if the account has been closed - the provider must not reopen, reactivate or reinstate the account.

Civil penalty: 180 penalty units.

(6) Paragraph (5)(e) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

(7) Subsection (5) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Offence - extended geographical jurisdiction

(8) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (3).

Debt recovery not affected

(9) To avoid doubt, the closure of a licensed interactive wagering service account under this section does not prevent the recovery of a debt owed by an individual to a licensed interactive wagering service provider.

Acquisition of property

(10) The provisions of this section have no effect to the extent (if any) to which their operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

61MC Closure of a licensed interactive wagering service account held by a registered individual - outstanding or pending bets

Offence

(1) If:

(a) an individual becomes a registered individual; and

(b) immediately before becoming a registered individual:

(i) the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and

(ii) the individual had one or more outstanding or pending bets that are attributable to the provision of one or more licensed interactive wagering services by the provider; and

then:

(d) if, at the time, or the latest time, when those bets were resolved, the individual did not owe any debts to the provider that could lawfully be recovered by way of deduction from the account - the provider must, as soon as practicable after the time, or the latest time, when those bets were resolved:

(i) close the account; and

(ii) if the account has a credit balance - pay the individual an amount equal to the credit balance; and

(e) if, at the time, or the latest time, when those bets were resolved, the individual owed one or more debts to the provider that could lawfully be recovered by way of deduction from the account - the provider must, as soon as practicable after the time, or the latest time, when those bets were resolved:

(i) close the account; and

(f) if the individual ceases to be a registered individual before the closure of the account - the provider must ensure that the account is not used in relation to the provision, or prospective provision, of one or more licensed interactive wagering services to the individual after the cessation; and

(g) if the account has been closed - the provider must not reopen, reactivate or reinstate the account.

(2) Paragraph (1)(f) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

(3) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1); and

(b) the person engages in conduct; and

Penalty: 120 penalty units.

(4) Subsection (3) does not apply if the person took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (3), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Civil penalty provision

(5) If:

(a) an individual becomes a registered individual; and

(b) immediately before becoming a registered individual:

(i) the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and

(ii) the individual had one or more outstanding or pending bets that are attributable to the provision of one or more licensed interactive wagering services by the provider; and

then:

(i) close the account; and

(ii) if the account has a credit balance - pay the individual an amount equal to the credit balance; and

(i) close the account; and

(g) if the account has been closed - the provider must not reopen, reactivate or reinstate the account.

Civil penalty: 180 penalty units.

(6) Paragraph (5)(f) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

(7) Subsection (5) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Offence - extended geographical jurisdiction

(8) Section 15.4 of the Criminal Code (extended geographical jurisdiction - category D) applies to an offence against subsection (3).

Debt recovery not affected

Acquisition of property

Division 7 - Disclosure of protected information

61NA Protected information

For the purposes of this Part, protected information means:

(a) information about whether an individual is or was a registered individual; or

(b) information about whether an individual is or was a nominated support person of a registered individual; or

(d) information about, or included in, an application made by an individual under Division 3 or the Register rules.

61NB Unauthorised disclosure of protected information

Offence

(1) A person commits an offence if:

(a) the person discloses protected information; and

(b) the person is or was:

(i) a licensed interactive wagering service provider; or

(ii) an employee of a licensed interactive wagering service provider; or

(iii) a contracted service provider of a licensed interactive wagering service provider; or

(iv) an employee of a contracted service provider of a licensed interactive wagering service provider; or

(v) the Register operator; or

(vi) an employee of the Register operator; or

(vii) a contracted service provider of the Register operator; or

(viii) an employee of a contracted service provider of the Register operator; or

(ix) an ACMA official; or

(x) the Secretary of a Department; or

(xi) an APS employee in a Department; and

(i) if the person is or was a licensed interactive wagering service provider - in connection with the person's capacity as such a provider; or

(ii) if the person is or was an employee of a licensed interactive wagering service provider - because the person is or was employed by the provider in connection with its business as such a provider; or

(iii) if the person is or was a contracted service provider of a licensed interactive wagering service provider - in connection with the person's business as such a contracted service provider; or

(iv) if the person is or was an employee of a contracted service provider of a licensed interactive wagering service provider - because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or

(v) if the person is or was the Register operator - in connection with the person's capacity as the Register operator; or

(vi) if the person is or was an employee of the Register operator - because the person is or was employed by the Register operator in connection with its business as the Register operator; or

(vii) if the person is or was a contracted service provider of the Register operator - in connection with the person's business as such a contracted service provider; or

(viii) if the person is or was an employee of a contracted service provider of the Register operator - because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or

(ix) if the person is or was an ACMA official - in connection with the person's capacity as an ACMA official; or

(x) if the person is or was the Secretary of a Department - in connection with the person's capacity as the Secretary of that Department; or

(xi) if the person is or was an APS employee in a Department - in connection with the person's capacity as an APS employee in that Department.

Penalty: 120 penalty units.

Civil penalty provision

(2) A person must not disclose protected information if:

(a) the person is or was:

(i) a licensed interactive wagering service provider; or

(ii) an employee of a licensed interactive wagering service provider; or

(iii) a contracted service provider of a licensed interactive wagering service provider; or

(iv) an employee of a contracted service provider of a licensed interactive wagering service provider; or

(v) the Register operator; or

(vi) an employee of the Register operator; or

(vii) a contracted service provider of the Register operator; or

(viii) an employee of a contracted service provider of the Register operator; or

(ix) an ACMA official; or

(x) the Secretary of a Department; or

(xi) an APS employee in a Department; and

(b) the information has come to the person's knowledge, or into the person's possession: