INTERACTIVE GAMBLING ACT 2001 - SECT 61KA Prohibition of the provision of licensed interactive wagering services to registered individuals

INTERACTIVE GAMBLING ACT 2001 - SECT 61KA

Offence

  (1)   A person commits an offence if:

  (a)   the person is a licensed interactive wagering service provider; and

  (b)   the person provides a licensed interactive wagering service to an individual; and

  (c)   the individual is a registered individual.

Penalty:   500 penalty units.

  (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.

Civil penalty provision

  (3)   A licensed interactive wagering service provider must not provide a licensed interactive wagering service to a registered individual.

Civil penalty:   750 penalty units.

  (4)   A person who contravenes subsection   (3) 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).

Exception

  (5)   Subsections   (1) and (3) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1:   The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section   61NC).

Note 2:   In a prosecution for an offence against subsection   (1), a defendant bears an evidential burden in relation to the matter in this subsection   (see subsection   13.3(3) of the Criminal Code) .

Note 3:   In proceedings for a civil penalty order for a contravention of subsection   (3), a defendant bears an evidential burden in relation to the matter in this subsection   (see section   96 of the Regulatory Powers Act).

Offence--extended geographical jurisdiction

  (6)   Section   15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection   (1).