Commonwealth Consolidated Acts

INTERACTIVE GAMBLING ACT 2001 - SECT 61JP

  (1)   The Register rules may require licensed interactive wagering service providers to take specified action for the purposes of promoting the National Self - exclusion Register to their customers.

  (2)   The Register rules may require licensed interactive wagering service providers to take specified action directed towards ensuring that their customers are aware of, and can readily access, the following:

  (a)   the website of the National Self - exclusion Register;

  (b)   if there is an app for the National Self - exclusion Register--that app.

Offence

  (3)   A person commits an offence if:

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

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes Register rules made for the purposes of subsection   (1) or (2).

Penalty:   120 penalty units.

  (4)   A person who contravenes subsection   (3) 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

  (5)   A licensed interactive wagering service provider must not contravene Register rules made for the purposes of subsection   (1) or (2).

Civil penalty:   180 penalty units.

  (6)   A person who contravenes subsection   (5) 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

  (7)   Subsections   (3) and (5) do not apply if the contravention occurred in circumstances prescribed by the Register rules.

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

Note 2:   In proceedings for a civil penalty order for a contravention of subsection   (5), 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

  (8)   Section   15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection   (3).