Commonwealth Consolidated Acts

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INTERACTIVE GAMBLING ACT 2001 - SECT 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 ACMA 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 ACMA is satisfied that the similar Internet content is prohibited Internet gambling content;

the ACMA 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 ACMA 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.



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