Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"access" has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992 .
"ACMA" means the Australian Communications and Media Authority.
"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.
"bet" includes wager.
"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.
"business day" means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
"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.
"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 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).
(a) do an act; or
(b) omit to perform an act.
"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.
"industry code" has the meaning given by section 33.
"industry standard" has the meaning given by section 34.
"interactive gambling service" has the meaning given by section 5.
Note: This definition relates to the offences created by section 15 and Part 7A.
"Internet carriage service" means a listed carriage service that enables end-users to access the Internet.
"Internet content" has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992 .
"Internet service provider" has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992 .
"listed carriage service" has the same meaning as in the Telecommunications Act 1997 .
"lottery" includes an electronic lottery.
"online provider rule" has the meaning given by section 54.
"prohibited Internet gambling content" means Internet content that is accessed, or available for access, by an end-user in the capacity of customer of a prohibited Internet gambling service.
Note: This definition relates to the complaints system.
"prohibited Internet gambling service" has the meaning given by section 6.
Note: This definition relates to the complaints system.
"special access-prevention notice" means a notice under section 27.
"standard access-prevention notice" means a notice under paragraph 24(1)(c).
"standard telephone service" has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999 .
"telephone betting service" means a gambling service provided on the basis that dealings with customers are wholly by way of voice calls made using a standard telephone service.
"ticket" includes an electronic ticket.
(a) a voice call within the ordinary meaning of that expression; or
(b) a call that involves a recorded or synthetic voice; or
(c) if a call covered by paragraph (a) or (b) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)--a call that is equivalent to a call covered by either of those paragraphs;
whether or not the customer responds by way of pressing buttons on a telephone handset or similar thing.
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