Commonwealth Consolidated Acts

INTERACTIVE GAMBLING ACT 2001 - SECT 61LA

Offence--knowledge of provider

  (1)   A person commits an offence if:

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

  (b)   the person sends, or causes to be sent, a regulated electronic message to an electronic address; and

  (c)   the electronic address is known by the person to be an electronic address of a registered individual.

Penalty:   120 penalty units.

Civil penalty provision--knowledge of provider

  (2)   A licensed interactive wagering service provider must not send, or cause to be sent, a regulated electronic message to an electronic address that is known by the provider to be an electronic address of a registered individual.

Civil penalty:   180 penalty units.

Offence--recklessness of provider

  (3)   A person commits an offence if:

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

  (b)   the person sends, or causes to be sent, a regulated electronic message to an electronic address; and

  (c)   the electronic address is an electronic address of a registered individual; and

  (d)   the person is reckless as to the fact that the electronic address is an electronic address of the registered individual.

Penalty:   60 penalty units.

Civil penalty provision--recklessness of provider

  (4)   A licensed interactive wagering service provider must not send, or cause to be sent, a regulated electronic message to an electronic address if:

  (a)   the electronic address is an electronic address of a registered individual; and

  (b)   the person is reckless as to the fact that the electronic address is an electronic address of the registered individual.

Civil penalty:   90 penalty units.

  (5)   For the purposes of subsection   (4), a person is reckless as to the fact mentioned in paragraph   (b) of that subsection if:

  (a)   the person is aware of a substantial risk that the fact exists; and

  (b)   having regard to the circumstances known to the person, it is unjustifiable to take the risk.

Exception

  (6)   Subsections   (1), (2), (3) and (4) 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) or (4), a defendant bears an evidential burden in relation to the matter in this subsection   (see section   96 of the Regulatory Powers Act).

Offences--extended geographical jurisdiction

  (7)   Section   15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection   (1) or (3).