INTERACTIVE GAMBLING ACT 2001 - SECT 61LB Regulated telemarketing calls must not be made to a registered individual
INTERACTIVE GAMBLING ACT 2001 - SECT 61LB
Regulated telemarketing calls must not be made to a registered individual(1) A person commits an offence if:
(a) the person is a licensed interactive wagering service provider; and
(b) the person makes, or causes to be made, a regulated telemarketing call to another person; and
(c) the other person is a registered individual.
Civil penalty provision
(2) A licensed interactive wagering service provider must not make, or cause to be made, a regulated telemarketing call to a registered individual.
Civil penalty: 180 penalty units.
(3) Subsections (1) and (2) 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 (2), 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
(4) Section 15.4 of the Criminal Code (extended
geographical jurisdiction--category D) applies to an offence against
subsection (1).