INTERACTIVE GAMBLING ACT 2001 - SECT 61LD Information about a registered individual must not be disclosed for marketing purposes

INTERACTIVE GAMBLING ACT 2001 - SECT 61LD

Offence

  (1)   A person commits an offence if:

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

  (b)   the person discloses any of the following information relating to an individual:

  (i)   the name of the individual;

  (ii)   an electronic address of the individual;

  (iii)   a telephone number of the individual;

  (iv)   the physical or postal address of the individual;

  (v)   such other information (if any) relating to the individual as is prescribed by the Register rules; and

  (c)   the person does so with the intention that the information be used by the recipient of the information:

  (i)   to send, or cause to be sent, a regulated electronic message to an electronic address of the individual; or

  (ii)   to make, or cause to be made, a regulated telemarketing call to the individual; or

  (iii)   to send, or cause to be sent, regulated direct marketing material to the individual; and

  (d)   the individual is a registered individual; and

  (e)   the individual has or had a licensed interactive wagering service account with the person.

Penalty:   120 penalty units.

Civil penalty provision

  (2)   A licensed interactive wagering service provider must not disclose any of the following information relating to a registered individual:

  (a)   the name of the individual;

  (b)   an electronic address of the individual;

  (c)   a telephone number of the individual;

  (d)   the physical or postal address of the individual;

  (e)   such other information (if any) relating to the individual as is prescribed by the Register rules;

if:

  (f)   the provider does so with the intention that the information be used by the recipient of the information:

  (i)   to send, or cause to be sent, a regulated electronic message to an electronic address of the individual; or

  (ii)   to make, or cause to be made, a regulated telemarketing call to the individual; or

  (iii)   to send, or cause to be sent, regulated direct marketing material to the individual; and

  (g)   the individual has or had a licensed interactive wagering service account with the provider.

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).