(1) A person commits an offence if:
(a) the person intentionally provides a prohibited interactive gambling service; and
(b) the service has an Australian-customer link (see section 8).
Penalty: 5,000 penalty units.
(2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
(2A) A person must not provide a prohibited interactive gambling service that has an Australian-customer link (see section 8).
Civil penalty: 7,500 penalty units.
(2B) A person who contravenes subsection (2A) 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).
(3) Subsections (1) and (2A) do not apply if the person:
(a) did not know; and
(b) could not, with reasonable diligence, have ascertained;
that the service had an Australian-customer link.
Note: In the case of proceedings for an offence against subsection (1), the defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) For the purposes of subsection (3), in determining whether the person could, with reasonable diligence, have ascertained that the service had an Australian-customer link, the following matters are to be taken into account:
(a) whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in Australia;
(b) whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in Australia;
(c) whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia;
(d) whether the person has network data that indicates that customers were physically present outside Australia:
(i) when the relevant customer account was opened; and
(ii) throughout the period when the service was provided to the customer;
(e) any other relevant matters.
(5) Section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection (1).