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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

Offence

  (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.

Penalty:   120 penalty units.

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.

Exception

  (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).