Commonwealth Consolidated Acts

INTERACTIVE GAMBLING (MORATORIUM) ACT 2000 - SECT 5

(1) For the purposes of this Act, an 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)

any of the following conditions is satisfied:

(i)

the service is provided in the course of carrying on a business in Australia;

(ii)

the central management and control of the service is in Australia;

(iii)

the service is provided through an agent in Australia.

(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 "interactive gambling service":

(a)

a telephone betting service;

(aa)

a service to the extent to which it relates to betting on, or on a series of, any or all of the following:

(i)

a horse race;

(ii)

a harness race;

(iii)

a greyhound race;

(iv)

a sporting event;

(ab)

a service to the extent to which it relates to betting on:

(i)

an event; or

(ii)

a series of events; or

(iii)

a contingency;

that is not covered by paragraph (aa);

(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 subsection (4));

(c)

an exempt service (see subsection (5)).

(3A) Paragraphs (3)(aa) and (ab) do not apply to a service to the extent to which:

(a)

the service relates to betting on the outcome of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event; or

(b)

the service relates to betting on a contingency that may or may not happen in the course of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event.

(3B) Paragraph (3)(ab) does not apply to a service to the extent to which the service is:

(a)

a service for the conduct of a lottery; or

(b)

a service for the supply of lottery tickets; or

(c)

a service relating to betting on the outcome of a lottery; or

(d)

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

(e)

a service relating to betting on the outcome of a game of chance or of mixed chance and skill.

Contracts exempt under the Corporations Law

(4) A reference in this section 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.

Exempt services

(5) 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 section. (6) A determination under subsection (5) has effect accordingly. (7) A determination under subsection (5) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.