Commonwealth Consolidated Acts

INTERACTIVE GAMBLING ACT 2001 - SECT 24

             (1)  If, in the course of an investigation under Division 2, the ACMA is satisfied that Internet content hosted outside Australia is prohibited Internet gambling content, the ACMA must:

                     (a)  if the ACMA 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 ACMA and the chief (however described) of an Australian police force under which the ACMA 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 ACMA 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 ACMA 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 ACMA 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 ACMA 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 ACMA 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 ACMA's powers to refer other matters to a member of an Australian police force.