INTERACTIVE GAMBLING ACT 2001 - SECT 4 Definitions
INTERACTIVE GAMBLING ACT 2001 - SECT 4
DefinitionsIn this Act, unless the contrary intention appears:
"access" has the same meaning as in the Online Safety Act 2021 .
"ACMA" means the Australian Communications and Media Authority.
"ACMA official" has the same meaning as in the Australian Communications and Media Authority Act 2005 .
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian-customer link" has the meaning given by section 8.
"Australian police force" means:
(a) the Australian Federal Police; or
(b) the police force of a State or Territory.
"broadcasting service" means a broadcasting service (as defined by the Broadcasting Services Act 1992 ) provided in Australia.
"business" includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis. To avoid doubt, the fact that a club or association provides services to its members does not prevent those services from being services provided in the course of carrying on a business.
"carriage service" has the same meaning as in the Telecommunications Act 1997 .
"civil penalty order" has the same meaning as in the Regulatory Powers Act.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"civil proceeding" includes a civil action.
"content service" means a content service (as defined by the Telecommunications Act 1997 ) provided using a listed carriage service.
"credit" has the meaning given by section 11A.
"datacasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"datacasting service" means a datacasting service (within the meaning of the Broadcasting Services Act 1992 ) that is provided in Australia under a datacasting licence.
"designated broadcasting link" has the meaning given by section 8C.
"designated country" has the meaning given by section 9A.
"designated country-customer link" has the meaning given by section 9B.
"designated datacasting link" has the meaning given by section 8C.
"designated interactive gambling service" means:
(a) a prohibited interactive gambling service; or
(b) an unlicensed regulated interactive gambling service.
"designated internet gambling matter" has the meaning given by section 35.
"designated notification scheme" means a scheme:
(a) in the nature of a scheme for substituted service; and
(b) under which the ACMA is taken, for the purposes of this Act, to have notified each internet service provider of a matter or thing.
Note: For example, the ACMA may make matters or things available on the internet (with or without security measures).
"electronic equipment" includes:
(a) an electronic apparatus; and
"excluded gaming service" has the meaning given by section 8B.
"excluded lottery service" has the meaning given by section 8D.
"excluded wagering service" has the meaning given by section 8A.
"exempt service" has the meaning given by section 10.
"Federal Court" means the Federal Court of Australia.
(a) a service for the placing, making, receiving or acceptance of bets; or
(b) a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; or
(c) a service for the conduct of a lottery; or
(d) a service for the supply of lottery tickets; or
(e) 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
(f) a gambling service (within the ordinary meaning of that expression) that is not covered by any of the above paragraphs.
"game" includes an electronic game.
"illegal interactive gambling service" means a prohibited interactive gambling service that is provided in contravention of subsection 15(2A).
"industry code" has the meaning given by section 33.
"industry standard" has the meaning given by section 34.
"in-play betting service" has the meaning given by section 10B.
"internet carriage service" means a listed carriage service that enables end - users to access the internet.
"internet service provider" has the same meaning as in the Online Safety Act 2021 .
"listed carriage service" has the same meaning as in the Telecommunications Act 1997 .
"lottery" includes an electronic lottery.
Note: A keno - type lottery is an example of a lottery.
"online provider rule" has the meaning given by section 54.
"personal information" has the same meaning as in the Privacy Act 1988 .
"place-based betting service" has the meaning given by section 8BA.
"prohibited interactive gambling service" has the meaning given by section 5.
Note: This definition relates to the offence provisions and civil penalty provisions set out in section 15 and Part 7A.
"prohibited internet gambling content" has the meaning given by section 8F.
"regulated interactive gambling service" has the meaning given by section 8E.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"related company group" means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group. For this purpose, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001 .
"sporting event" has a meaning affected by section 10A.
"telephone betting service" has the meaning given by section 8AA.
"ticket" includes an electronic ticket.
"trade promotion gambling service" has the meaning given by section 8BB.
"unlicensed regulated interactive gambling service" means a regulated interactive gambling service that is provided in contravention of subsection 15AA(3).
"wagering service" means a service covered by paragraph (a) or (b) of the definition of gambling service .
"wagering service provider" means a person who provides a wagering service.
"wagering turnover" of a person for a financial year means so much of the turnover of the person for the financial year as is attributable to the provision of wagering services.
"wholesale gambling service" means a gambling service to the extent to which it is provided to a person who:
(a) is the provider of a gambling service; and
(b) holds a licence (however described) under a law of a State
or Territory that authorises the provision of the service mentioned in
paragraph (a).