INTERACTIVE GAMBLING ACT 2001 - SECT 15A Australian - based prohibited interactive gambling services not to be provided to customers in designated countries
INTERACTIVE GAMBLING ACT 2001 - SECT 15A
Australian - based prohibited interactive gambling services not to be provided to customers in designated countries(1) A person commits an offence if:
(a) the person intentionally provides an Australian - based prohibited interactive gambling service; and
(b) the service has a designated country - customer link (see section 9B).
(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.
(2A) A person must not provide an Australian - based prohibited interactive gambling service that has a designated country - customer link (see section 9B).
Civil penalty: 7,500 penalty units.
(2B) A person who contravenes subsection (2A) 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).
(3) Subsections (1) and (2A) do not apply if the person:
(b) could not, with reasonable diligence, have ascertained;
that the service had a designated country - customer link.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(4) For the purposes of subsection (3), in determining whether the person could, with reasonable diligence, have ascertained that the service had a designated country - customer link, the following matters are to be taken into account:
(a) whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in a designated country;
(b) whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in a designated country;
(c) whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in a designated country;
(d) whether the person has network data that indicates that customers were physically present outside a designated country:
(i) when the relevant customer account was opened; and
(ii) throughout the period when the service was provided to the customer;
(e) any other relevant matters.
(5) Section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection (1).
(6) For the purposes of this section, an Australian - based prohibited interactive gambling service is a prohibited interactive gambling service, where the service has an Australian - provider link.
(7) For the purposes of this section, a prohibited interactive 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.
(8) For the purposes of this section, the relevant internet content , in relation to a prohibited interactive gambling service, is internet content that is accessed, or available for access, by an end - user in the capacity of customer of the service.