Interactive Gambling Amendment (National Self-exclusion Register) Act 2019

No. 127, 2019

An Act to amend the Interactive Gambling Act 2001, and for other purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—National Self-exclusion Register 3

Australian Communications and Media Authority Act 2005 3

Interactive Gambling Act 2001 3

Privacy Act 1988 64

An Act to amend the Interactive Gambling Act 2001, and for other purposes

[Assented to 12 December 2019]

The Parliament of Australia enacts:

1 Short title

This Act is the Interactive Gambling Amendment (National Self-exclusion Register) Act 2019.

2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information	Commencement information	Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	13 December 2019

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

National Self-exclusion Register

Australian Communications and Media Authority Act 2005

1 After subparagraph 10(1)(o)(iii)

Insert:

(iv) the National Self-exclusion Register (Cost Recovery Levy) Act 2019; or

2 After section 59K

Insert:

59KA Relationship with Part 7B of the Interactive Gambling Act 2001

This Part does not authorise a disclosure of information that is prohibited by Interactive Gambling 2001.Part 7B of the

Interactive Gambling Act 2001

3 Section 3

Omit:

substitute:

unlicensed regulated interactive gambling services must not be advertised.

unlicensed regulated interactive gambling services must not be advertised;

licensed interactive wagering services must not be provided to an individual who is registered in the National Self-exclusion Register.

4 At the end of section 3

Add:

Note: Licensed interactive wagering service and National Self-exclusion Register are defined in section 61GB.

5 Section 11A

After “this Act”, insert “(other than Part 7B)”.

6 At the end of paragraph 16(c)

Add “or”.

7 After paragraph 16(c)

Insert:

Part 7B;

8 At the end of paragraph 21(1)(a)

Add:

or (iv) Part 7B;

9 After Part 7A

Insert:

61GA Simplified outline of this Part

• This Part sets up a mechanism that allows individuals to exclude themselves from being provided with licensed interactive wagering services.

• The ACMA must arrange for a body corporate to keep a register to be known as the National Self-exclusion Register. The body corporate is to be known as the Register operator.

• An individual may apply to the Register operator for the individual to be registered in the National Self-exclusion Register.

• A licensed interactive wagering service provider must not:

• 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.

provide a licensed interactive wagering service to a registered individual; or

send, or cause to be sent, a regulated electronic message to an electronic address of a registered individual; or

make, or cause to be made, a regulated telemarketing call to a registered individual; or

send, or cause to be sent, regulated direct marketing material to a registered individual; or

disclose information about a registered individual for marketing purposes; or

open a licensed interactive wagering service account for a registered individual.

61GB Definitions

In this Part:

account includes:

It is immaterial whether an account has a nil balance.

applicable identification procedure has the meaning ascertained in accordance with the Register rules.

archived records consent has the meaning given by subsection 61JL(2).

benefit includes any advantage and is not limited to property.

contracted service provider:

electronic message has the meaning given by section 61GE.

gambling-related lobbying means lobbying any one or more of the following:

in relation to:

general practitioner has the same meaning as in the Health Insurance Act 1973.

late payment penalty has the meaning given by subsection 61PB(2).

levy means levy imposed by the National Self-exclusion Register (Cost Recovery Levy) Act 2019.

licensed interactive wagering service means a regulated interactive gambling service that:

licensed interactive wagering service account means an account that:

licensed interactive wagering service provider means a person who provides a licensed interactive wagering service.

listed support service means a support service specified in the Register rules.

lobby includes:

make includes attempt to make.

message means information:

name, in relation to an individual, means:

National Self-exclusion Register means the register kept under section 61HA.

nominated support person, in relation to a registered individual, means an individual identified in the National Self-exclusion Register as a nominated support person of the registered individual.

ownership interest, in relation to a body corporate:

proclaimed start day has the meaning given by section 61GC.

protected information has the meaning given by section 61NA.

public official includes a person who holds, or performs the duties of, a ministerial office.

qualified counsellor means an individual who is a member of:

qualified psychologist means an individual who is registered as a psychologist under:

recognised third-party identification procedure has the meaning given by the Register rules.

registered individual means an individual registered in the National Self-exclusion Register under this Part.

Register operator means the body corporate who keeps the National Self-exclusion Register as mentioned in subsection 61HA(1).

regulated direct marketing material has the meaning given by section 61GH.

regulated electronic message has the meaning given by section 61GF.

regulated telemarketing call has the meaning given by section 61GG.

resolved, in relation to an outstanding or pending bet, has the meaning given by section 61GD.

send includes attempt to send.

State/Territory wagering licensing or regulatory body means:

support service includes a counselling service.

voice call means:

a pre-paid account; and

a credit account; and

anything that may reasonably be regarded as the equivalent of an account.

in relation to a licensed interactive wagering service provider—means a person who performs services for or on behalf of the provider, but does not include a person who performs such services in the capacity of an employee of the provider; or

in relation to the Register operator—means a person who performs services for or on behalf of the Register operator, but does not include a person who performs such services in the capacity of an employee of the Register operator.

a government;

a department, agency or authority of a government;

a public official;

a member of a legislative body;

a political party;

a candidate in an election;

gambling services; or

one or more kinds of gambling services; or

one or more particular gambling services.

is a wagering service (see section 4); and

has an Australian-customer link (see section 8); and

is not provided in contravention of subsection 15AA(3).

an individual has with a licensed interactive wagering service provider; and

relates exclusively to the provision, or prospective provision, of one or more licensed interactive wagering services to the individual.

communicate, in any way, with a person or a group of persons for the purpose of influencing any process, decision or outcome; and

represent the interests of a person, in any process.

whether in the form of text; or

whether in the form of data; or

whether in the form of speech, music or other sounds; or

whether in the form of visual images (animated or otherwise); or

whether in any other form; or

whether in any combination of forms.

the individual’s full name; or

the name by which the individual is commonly known.

means an interest in the body corporate as a shareholder in the body corporate; and

includes such an interest held indirectly through one or more interposed companies, partnerships or trusts.

the Psychotherapy and Counselling Federation of Australia; or

the Australian Counselling Association.

(a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or

(b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.

a body that is responsible for issuing or granting licences (however described) under a law of a State or Territory that authorises the provision of a particular kind of licensed interactive wagering service in the State or Territory; or

a body that is responsible for regulating persons who hold licences covered by paragraph (a).

a voice call within the ordinary meaning of that expression; or

a call that involves a recorded or synthetic voice; or

if a call covered by paragraph (a) or (b) is not practical for a particular individual with a disability (for example, because the individual has a hearing impairment)—a call that is equivalent to a call covered by either of those paragraphs.

61GC Proclaimed start day 1

(1) For the purposes of this Part, proclaimed start day means the day fixed by Proclamation for the purposes of this subsection.

Note 1: The proclaimed start day is the first day on which an individual can apply to be registered in the National Self-exclusion Register—see subsection 61JA(9).

Note 2: Section 61QF provides for a review of this Part to be conducted after the end of the 12-month period beginning at the start of the proclaimed start day.

Note 3: Section 61QG provides for an evaluation of this Part to be conducted after the end of the 3-year period beginning at the start of the proclaimed start day.

(2) A Proclamation under subsection (1) is taken to be a commencement instrument for the purposes of the Legislation Act 2003.

61GD When an outstanding or pending bet is resolved 1

For the purposes of this Part:

(a) if an outstanding or pending bet turns out to be a winning bet—the bet is resolved when the bet is settled; and

(b) if an outstanding or pending bet turns out to be a losing bet—the bet is resolved when it becomes clear that the bet is a losing bet; and

(c) if the bettor becomes entitled to a refund of the bet—the bet is resolved when it becomes clear that the bettor has become entitled to a refund of the bet.

For the purposes of paragraph (1)(c), it is immaterial whether a refund is or will be made by way of a credit to a licensed interactive wagering service account.

61GE Electronic messages 1

(1) For the purposes of this Part, an electronic message is a message sent:

using:

an internet carriage service; or

any other listed carriage service; and

to an electronic address in connection with:

an email account; or

an instant messaging account; or

iii

a telephone account; or

a similar account.

Note: Email addresses and telephone numbers are examples of electronic addresses.

Excluded messages—voice calls

For the purposes of subsection (1), it is immaterial whether the electronic address exists.

For the purposes of subsection (1), it is immaterial whether the message reaches its intended destination.

Subsection (1) has effect subject to subsection (5).

(5) If a message is sent by way of a voice call, the message is not an electronic message for the purposes of this Part.

61GF Regulated electronic messages 1

(1) For the purposes of this Part, a regulated electronic message is an electronic message, where, having regard to:

the content of the message; and

the way in which the message is presented; and

the content that can be located using the links, telephone numbers or contact information (if any) set out in the message;

it would be concluded that the purpose, or one of the purposes, of the message is:

to offer to provide licensed interactive wagering services; or

to advertise or promote licensed interactive wagering services; or

to advertise or promote a provider, or prospective provider, of licensed interactive wagering services.

Paragraphs (1)(d), (e) and (f) are to be read independently of each other.

61GG Regulated telemarketing calls 1

(1) For the purposes of this Part, a regulated telemarketing call is a voice call, where, having regard to:

the content of the call; and

the presentational aspects of the call; and

the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the call; and

if:

the call is made from a telephone number; and

that number is disclosed to the recipient (whether by calling line identification or otherwise);

the content (if any) that can be obtained by calling that number;

it would be concluded that the purpose, or one of the purposes, of the call is:

to offer to provide licensed interactive wagering services; or

to advertise or promote licensed interactive wagering services; or

to advertise or promote a provider, or prospective provider, of licensed interactive wagering services.

Paragraphs (1)(e), (f) and (g) are to be read independently of each other.

61GH Regulated direct marketing material 1

(1) For the purposes of this Part, regulated direct marketing material means physical material, where, having regard to:

the content of the material; and

the way in which the material is presented; and

the content that can be located using the URLs, telephone numbers or contact information (if any) set out in the material;

it would be concluded that the purpose, or one of the purposes, of the material is:

to offer to provide licensed interactive wagering services; or

to advertise or promote licensed interactive wagering services; or

to advertise or promote a provider, or prospective provider, of licensed interactive wagering services.

Paragraphs (1)(d), (e) and (f) are to be read independently of each other.

61HA National Self-exclusion Register 1

(1) The ACMA must arrange for a body corporate (the Register operator) to keep, on behalf of the ACMA, a register to be known as the National Self-exclusion Register.

The register may also be known by a name specified in the Register rules.

The register is to be kept in electronic form.

The register is not a legislative instrument.

Payments to the Register operator

An arrangement under subsection (1) may provide for the ACMA, on behalf of the Commonwealth, to make payments to the Register operator.

The ACMA must not make an arrangement under subsection (1) with a body corporate that:

provides a gambling service; or

is a member of the same related company group as a body corporate that provides a gambling service; or

holds an ownership interest in a body corporate that provides a gambling service; or

undertakes gambling-related lobbying; or

is a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or

holds an ownership interest in a body corporate that undertakes gambling-related lobbying.

The ACMA must ensure that an arrangement under subsection (1) is subject to a condition that the Register operator must not:

provide a gambling service; or

be a member of the same related company group as a body corporate that provides a gambling service; or

hold an ownership interest in a body corporate that provides a gambling service; or

undertake gambling-related lobbying; or

be a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or

hold an ownership interest in a body corporate that undertakes gambling-related lobbying.

61JA Application for registration 1

An individual may apply to the Register operator for the individual to be registered in the National Self-exclusion Register.

An application under subsection (1) must:

state that the applicant wants to be registered for a specified number of months; or

state that the applicant wants to be registered for a specified number of years; or

state that the applicant wants to be registered for life.

The number of months specified under paragraph (2)(a):

must be a whole number; and

must not be less than 3.

The number of years specified under paragraph (2)(b) must be a whole number.

An application under subsection (1) must be made in a manner prescribed by the Register rules.

An application under subsection (1) must:

include a statement to the effect that the applicant is ordinarily resident in Australia; and

include such information relating to the applicant as is prescribed by the Register rules.

Nominated support person

Reactivation of a previous registration

then:

Proclaimed start day

An application under subsection (1) may:

nominate:

another individual to be a nominated support person of the applicant; or

each of 2 other individuals to be a nominated support person of the applicant; or

iii

each of 3 other individuals to be a nominated support person of the applicant; or

each of 4 other individuals to be a nominated support person of the applicant; or

each of 5 other individuals to be a nominated support person of the applicant; and

include a statement to the effect that the applicant has obtained the consent of the other individual, or each of the other individuals, to be a nominated support person of the applicant; and

include such information relating to the other individual, or each of the other individuals, as is prescribed by the Register rules.

If:

an application is made under subsection (1); and

the applicant ceased to be a registered individual on one or more occasions during the 7-year period ending when the application was made; and

the applicant gave an archived records consent that is applicable to the most recent cessation of registration; and

the application includes a statement to the effect that the applicant wants to reactivate the applicant’s previous registration;

the Register operator may use any or all of the information and statements included in the applicant’s entry in the National Self-exclusion Register (as it stood immediately before that most recent cessation of registration) to prefill any or all of the fields in the application; and

the applicant may delete or modify any or all of the prefilled information or statements before finalising the application.

An individual is not entitled to make an application under subsection (1) before the proclaimed start day.

61JB Applicable identification procedure 1

If an individual makes an application under section 61JA to be registered in the National Self-exclusion Register, the Register operator must attempt to carry out the applicable identification procedure in respect of the applicant.

Subsection (1) does not apply if a recognised third-party identification procedure has been carried out in respect of the applicant.

Subsection (1) does not apply if:

the applicant ceased to be a registered individual on one or more occasions during the 7-year period ending when the application was made; and

the applicant gave an archived records consent that is applicable to the most recent cessation of registration; and

the application includes a statement to the effect that the applicant wants to reactivate the applicant’s previous registration.

61JC Registration 1

If:

(a) an individual (the relevant individual) makes an application under section 61JA to be registered in the National Self-exclusion Register; and

either:

the Register operator has carried out the applicable identification procedure in respect of the relevant individual; or

as a result of subsection 61JB(2) or (3), the Register operator is not required to attempt to carry out the applicable identification procedure in respect of the relevant individual;

the Register operator must:

for each nominated individual:

do so within the period ascertained in accordance with the Register rules.

The entry must include:

the relevant individual’s name; and

if the application nominated:

another individual to be a nominated support person of the applicant; or

each of 2 other individuals to be a nominated support person of the applicant; or

iii

each of 3 other individuals to be a nominated support person of the applicant; or

each of 4 other individuals to be a nominated support person of the applicant; or

each of 5 other individuals to be a nominated support person of the applicant;

a statement to the effect that the individual is a nominated support person of the relevant individual; and

vii

such other information relating to the individual as is prescribed by the Register rules.

If the entry includes a statement to the effect that another individual is a nominated support person of the relevant individual, the Register operator must:

notify the other individual:

that the Register operator has registered the relevant individual; and

that the other individual is a nominated support person of the relevant individual; and

iii

of such other information (if any) as is prescribed by the Register rules; and

do so as soon as practicable after registering the relevant individual.

61JD Bribery etc.

Offence—bribery

Penalty: 120 penalty units.

Civil penalty provision—bribery

with the intention of influencing the individual:

Civil penalty: 180 penalty units.

Offence—influence

Penalty: 60 penalty units.

Civil penalty provision—influence

Civil penalty: 90 penalty units.

Offence—extended geographical jurisdiction

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

the person:

provides a benefit to an individual; or

causes a benefit to be provided to an individual; or

iii

offers to provide, or promises to provide, a benefit to an individual; or

causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to an individual; and

the person does so with the intention of influencing the individual:

not to become a registered individual; or

to cease to be a registered individual.

A licensed interactive wagering service provider must not:

provide a benefit to an individual; or

cause a benefit to be provided to an individual; or

offer to provide, or promise to provide, a benefit to an individual; or

cause an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to an individual;

not to become a registered individual; or

to cease to be a registered individual.

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

the person does an act or thing; and

the person does the act or thing with the intention of influencing an individual:

not to become a registered individual; or

to cease to be a registered individual.

A licensed interactive wagering service provider must not do an act or thing with the intention of influencing an individual:

not to become a registered individual; or

to cease to be a registered individual.

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

61JE Re-registration

If an individual’s entry is removed from the National Self-exclusion Register, this Act does not prevent the Register operator from subsequently re-registering the individual under subsection 61JC(1).

61JF Duration of registration

Registration for a number of months

the registration remains in force for that number of months.

Registration for a number of years

the registration remains in force for that number of years.

Registration for life

the registration remains in force for the life of the individual.

Nominated support person to be notified of duration of registration

the Register operator must:

If:

in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self-exclusion Register; and

the application stated that the individual wants to be registered for a specified number of months;

Subsection (1) has effect subject to sections 61JG, 61JK, 61JM and 61JN.

If:

in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self-exclusion Register; and

the application stated that the individual wants to be registered for a specified number of years;

Subsection (3) has effect subject to sections 61JG, 61JK, 61JM and 61JN.

If:

in response to an application under section 61JA, the Register operator registers an individual by making an entry for the individual in the National Self-exclusion Register; and

the application stated that the individual wants to be registered for life;

Subsection (5) has effect subject to sections 61JK, 61JM and 61JN.

If:

the Register operator registers an individual by making an entry for the individual in the National Self-exclusion Register; and

the individual has a nominated support person;

notify the nominated support person of the duration of the individual’s registration; and

do so as soon as practicable after registering the individual.

61JG Extension of duration of registration 1

A registered individual may:

apply to the Register operator to extend the duration of the individual’s registration by a specified number of months; or

apply to the Register operator to extend the duration of the individual’s registration by a specified number of years; or

apply to the Register operator to extend the duration of the individual’s registration to the end of the individual’s life.

A number of months specified under paragraph (1)(a) must be a whole number.

A number of years specified under paragraph (1)(b) must be a whole number.

An application under subsection (1) must:

include such information (if any) as is prescribed by the Register rules; and

be made in a manner prescribed by the Register rules.

If a registered individual makes an application under subsection (1) to extend the duration of the individual’s registration by a specified number of months, the Register operator must extend the duration of the individual’s registration by that number of months.

If a registered individual makes an application under subsection (1) to extend the duration of the individual’s registration by a specified number of years, the Register operator must extend the duration of the individual’s registration by that number of years.

If a registered individual makes an application under subsection (1) to extend the duration of the individual’s registration to the end of the individual’s life, the Register operator must extend the duration of the individual’s registration to the end of the individual’s life.

If:

the Register operator extends the duration of a registered individual’s registration; and

the individual has a nominated support person;

the Register operator must:

notify the nominated support person of:

the extension; and

if the extension is not to the end of the individual’s life—the time when the individual’s registration will expire as a result of the extension; and

do so as soon as practicable after making the extension.

61JH Expiry of registration 1

If the registration of a registered individual expires, the Register operator must remove the individual’s entry from the National Self-exclusion Register.

If the registration of a registered individual will expire at a known time, the Register operator must:

notify the individual that the individual’s registration will expire at that time; and

do so at least 14 days before that time.

If:

the registration of a registered individual will expire at a known time; and

the individual has a nominated support person;

the Register operator must:

notify the nominated support person that the individual’s registration will expire at that time; and

do so at least 14 days before that time.

61JI Variation of the National Self-exclusion Register—nominated support person

New nominated support person

Ceasing to be a nominated support person

Death of nominated support person

the Register operator must vary the registered individual’s entry in the National Self-exclusion Register by deleting:

Other matters

The Register rules may authorise the Register operator to vary a registered individual’s entry in the National Self-exclusion Register by including:

a statement to the effect that another individual is a nominated support person of the registered individual; and

such information relating to the other individual as is prescribed by the Register rules.

(2) If, as the result of a variation under Register rules made for the purposes of subsection (1), an individual (the relevant individual) becomes a nominated support person of a registered individual, the Register operator must:

notify the relevant individual that the relevant individual has become a nominated support person of the registered individual; and

do so as soon as practicable after the relevant individual becomes a nominated support person of the registered individual.

The Register rules may authorise the Register operator to vary a registered individual’s entry in the National Self-exclusion Register by deleting:

a statement relating to a nominated support person of the registered individual; and

any information relating to the nominated support person.

(4) If, as the result of a variation under Register rules made for the purposes of subsection (3), an individual (the former nominated support person) ceases to be a nominated support person of a registered individual, the Register operator must:

notify the former nominated support person of the cessation; and

do so as soon as practicable after the cessation.

The Register rules may provide that, if:

a registered individual has a nominated support person; and

the Register operator becomes aware that the nominated support person has died;

the statement relating to the nominated support person; and

any information relating to the nominated support person.

The Register operator must not vary a registered individual’s entry in the National Self-exclusion Register if doing so would result in the registered individual having more than 5 nominated support persons.

This section does not, by implication, limit section 61JJ.

61JJ Variation of the National Self-exclusion Register—other matters

The Register rules may authorise the Register operator to vary entries in the National Self-exclusion Register.

61JK Deregistration—application by a registered individual 1

A registered individual may apply to the Register operator to remove the individual’s entry from the National Self-exclusion Register.

However, a registered individual is not entitled to make an application under subsection (1) during the 3-month period beginning at the time when the individual’s registration came into force, unless the individual was previously registered before that time.

An application under subsection (1) must:

be in writing; and

include such information (if any) as is prescribed by the Register rules.

An application made by a registered individual under subsection (1) must be accompanied by a statutory declaration:

that is made by the registered individual; and

that:

is to the effect that, during the 3-month period ending when the application was made, the registered individual obtained counselling or advice from a qualified counsellor about the registered individual’s decision to make the application; or

is to the effect that, during the 3-month period ending when the application was made, the registered individual obtained counselling or advice from a qualified psychologist about the registered individual’s decision to make the application; or

iii

is to the effect that, during the 3-month period ending when the application was made, the registered individual obtained counselling or advice from a general practitioner about the registered individual’s decision to make the application; or

is to the effect that, during the 3-month period ending when the application was made, the registered individual obtained counselling or advice from a listed support service about the registered individual’s decision to make the application.

If:

a registered individual makes an application under subsection (1) to remove the individual’s entry from the National Self-exclusion Register; and

the registered individual has a nominated support person;

the Register operator must:

the Register operator must remove the registered individual’s entry from the National Self-exclusion Register at the start of the eighth day after the day the application was made.

inform the nominated support person:

that the application has been made; and

that the application can be withdrawn by the registered individual before the end of the seventh day after the day the application was made; and

iii

that, if the application is not withdrawn, the registered individual’s entry will be removed from the National Self-exclusion Register at the start of the eighth day after the day the application was made; and

if the application is not withdrawn by the registered individual before the end of the seventh day after the day the application was made:

remove the registered individual’s entry from the National Self-exclusion Register at the start of the eighth day after the day the application was made; and

notify the nominated support person of the removal; and

if the application is withdrawn by the registered individual before the end of the seventh day after the day the application was made—notify the nominated support person of the withdrawal.

If:

a registered individual makes an application under subsection (1) to remove the individual’s entry from the National Self-exclusion Register; and

the registered individual does not have a nominated support person; and

the application is not withdrawn by the registered individual before the end of the seventh day after the day the application was made;

61JL Archived records consent 1

An individual may make a statement to the Register operator:

to the effect that, in the event that the individual ceases to be a registered individual, the individual consents to the Register operator archiving a copy of the individual’s entry in the National Self-exclusion Register (as it stood immediately before the cessation) for 7 years after the cessation; and

acknowledging that the archived copy can be used by the Register operator to facilitate a subsequent re-registration of the individual in the National Self-exclusion Register.

(2) A consent under subsection (1) is to be known as an archived records consent.

A statement under subsection (1) may be included in an application made under this Part or the Register rules.

If an individual has given an archived records consent, the relevant archived copy of the individual’s entry in the National Self-exclusion Register may only be used by the Register operator to facilitate a subsequent re-registration of the individual in the National Self-exclusion Register.

61JM Deregistration—other grounds

The Register operator must remove a registered individual’s entry from the National Self-exclusion Register if the Register operator is aware that:

the individual is not ordinarily resident in Australia; or

the individual has died.

61JN Correction of the National Self-exclusion Register 1

The Register operator may correct entries in the National Self-exclusion Register.

The ACMA may give written directions to the Register operator relating to the exercise of its powers under subsection (1).

The Register operator must comply with a direction under subsection (2).

The Register rules may require the Register operator to correct entries in the National Self-exclusion Register in the circumstances prescribed by the Register rules.

The Register operator must remove an entry from the National Self-exclusion Register if the entry was made in error.

The Register rules may require the Register operator to remove entries from the National Self-exclusion Register in the circumstances prescribed by the Register rules.

This section does not, by implication, limit:

section 61JJ; or

Australian Privacy Principle 13; or

61JO Register rules may make further provision in relation to the National Self-exclusion Register

The Register rules may make further provision in relation to the National Self-exclusion Register.

61JP Licensed interactive wagering service providers must promote the National Self-exclusion Register etc. 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.

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:

the website of the National Self-exclusion Register;

if there is an app for the National Self-exclusion Register—that app.

Offence

Penalty: 120 penalty units.

Civil penalty provision

Civil penalty: 180 penalty units.

Exception

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

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

the person engages in conduct; and

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

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.

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

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).

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

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

61KA Prohibition of the provision of licensed interactive wagering services to registered individuals

Offence

Penalty: 500 penalty units.

Civil penalty provision

Civil penalty: 750 penalty units.

Exception

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 (3), 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

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

the person provides a licensed interactive wagering service to an individual; and

the individual is a registered individual.

A person who contravenes subsection (1) 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.

A licensed interactive wagering service provider must not provide a licensed interactive wagering service to a registered individual.

A person who contravenes subsection (3) 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).

Subsections (1) and (3) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

(6) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

61LA Regulated electronic message must not be sent to an electronic address of a registered individual

Offence—knowledge of provider

Penalty: 120 penalty units.

Civil penalty provision—knowledge of provider

Civil penalty: 180 penalty units.

Offence—recklessness of provider

Penalty: 60 penalty units.

Civil penalty provision—recklessness of provider

Civil penalty: 90 penalty units.

Exception

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

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

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

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

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.

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

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

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

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

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

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

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

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

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

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

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.

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

61LB Regulated telemarketing calls must not be made to a registered individual

Offence

Penalty: 120 penalty units.

Civil penalty provision

Civil penalty: 180 penalty units.

Exception

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

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

the person makes, or causes to be made, a regulated telemarketing call to another person; and

the other person is a registered individual.

A licensed interactive wagering service provider must not make, or cause to be made, a regulated telemarketing call to a registered individual.

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.

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

61LC Regulated direct marketing material must not be sent to a registered individual

Offence

Penalty: 120 penalty units.

Civil penalty provision

Civil penalty: 180 penalty units.

Exception

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).

Offence—extended geographical jurisdiction

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

the person sends, or causes to be sent, regulated direct marketing material to an individual; and

the individual is a registered individual; and

in a case where paragraph 61GH(1)(f) applies to the material—the person sends, or causes to be sent, the regulated direct marketing material to the individual by a postal service or other like service.

A licensed interactive wagering service provider must not send, or cause to be sent, regulated direct marketing material to a registered individual if:

paragraph 61GH(1)(d) or (e) applies to the material; or

in a case where paragraph 61GH(1)(f) applies to the material—the licensed interactive wagering service provider sends, or causes to be sent, the regulated direct marketing material to the registered individual by a postal service or other like service.

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.

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

61LD Information about a registered individual must not be disclosed for marketing purposes

Offence

Penalty: 120 penalty units.

Civil penalty provision

if:

Civil penalty: 180 penalty units.

Exception

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).

Offence—extended geographical jurisdiction

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

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

the name of the individual;

an electronic address of the individual;

iii

a telephone number of the individual;

the physical or postal address of the individual;

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

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

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

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

the individual is a registered individual; and

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

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

the name of the individual;

an electronic address of the individual;

a telephone number of the individual;

the physical or postal address of the individual;

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

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

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

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

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

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.

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

61MA Licensed interactive wagering service account must not be opened for a registered individual

Offence

Penalty: 120 penalty units.

Civil penalty provision

Civil penalty: 180 penalty units.

Exception

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).

Offence—extended geographical jurisdiction

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

the person opens a licensed interactive wagering service account for an individual; and

the individual is a registered individual.

A licensed interactive wagering service provider must not open a licensed interactive wagering service account for a registered individual.

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.

(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

61MB Closure of a licensed interactive wagering service account held by a registered individual—no outstanding or pending bets

Offence

then:

Penalty: 120 penalty units.

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 (3), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Civil penalty provision

then:

Civil penalty: 180 penalty units.

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).

Offence—extended geographical jurisdiction

Debt recovery not affected

Acquisition of property

If:

an individual becomes a registered individual; and

immediately before becoming a registered individual:

the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and

the individual did not have any outstanding or pending bets that are attributable to the provision of a licensed interactive wagering service by the provider;

if, immediately before becoming a registered individual, the individual did not owe any debts to the provider that could lawfully be recovered by way of deduction from the account—the provider must, as soon as practicable after the individual becomes a registered individual:

close the account; and

if the account has a credit balance—pay the individual an amount equal to the credit balance; and

if, immediately before becoming a registered individual, the individual owed one or more debts to the provider that could lawfully be recovered by way of deduction from the account—the provider must, as soon as practicable after the individual becomes a registered individual:

close the account; and

if the account would have a credit balance if the total amount of those debts were deducted from the account—pay the individual an amount equal to the difference between the balance of the account and the total amount of those debts; and

if the individual ceases to be a registered individual before the closure of the account—the provider must ensure that the account is not used in relation to the provision, or prospective provision, of one or more licensed interactive wagering services to the individual after the cessation; and

if the account has been closed—the provider must not reopen, reactivate or reinstate the account.

Paragraph (1)(e) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

A person commits an offence if:

the person is subject to a requirement under subsection (1); and

the person engages in conduct; and

the person’s conduct breaches the requirement.

Subsection (3) does not apply if the person took reasonable precautions, and exercised due diligence, to avoid the contravention.

If:

an individual becomes a registered individual; and

immediately before becoming a registered individual:

the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and

the individual did not have any outstanding or pending bets that are attributable to the provision of a licensed interactive wagering service by the provider;

close the account; and

if the account has a credit balance—pay the individual an amount equal to the credit balance; and

close the account; and

if the account has been closed—the provider must not reopen, reactivate or reinstate the account.

Paragraph (5)(e) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

Subsection (5) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

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

To avoid doubt, the closure of a licensed interactive wagering service account under this section does not prevent the recovery of a debt owed by an individual to a licensed interactive wagering service provider.

The provisions of this section have no effect to the extent (if any) to which their operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

61MC Closure of a licensed interactive wagering service account held by a registered individual—outstanding or pending bets

Offence

then:

Penalty: 120 penalty units.

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 (3), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Civil penalty provision

then:

Civil penalty: 180 penalty units.

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).

Offence—extended geographical jurisdiction

Debt recovery not affected

Acquisition of property

If:

an individual becomes a registered individual; and

immediately before becoming a registered individual:

the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and

the individual had one or more outstanding or pending bets that are attributable to the provision of one or more licensed interactive wagering services by the provider; and

those bets are subsequently resolved (whether at the same time or at different times);

if, at the time, or the latest time, when those bets were resolved, the individual did not owe any debts to the provider that could lawfully be recovered by way of deduction from the account—the provider must, as soon as practicable after the time, or the latest time, when those bets were resolved:

close the account; and

if the account has a credit balance—pay the individual an amount equal to the credit balance; and

if, at the time, or the latest time, when those bets were resolved, the individual owed one or more debts to the provider that could lawfully be recovered by way of deduction from the account—the provider must, as soon as practicable after the time, or the latest time, when those bets were resolved:

close the account; and

if the account has been closed—the provider must not reopen, reactivate or reinstate the account.

Paragraph (1)(f) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

A person commits an offence if:

the person is subject to a requirement under subsection (1); and

the person engages in conduct; and

the person’s conduct breaches the requirement.

Subsection (3) does not apply if the person took reasonable precautions, and exercised due diligence, to avoid the contravention.

If:

an individual becomes a registered individual; and

immediately before becoming a registered individual:

the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and

the individual had one or more outstanding or pending bets that are attributable to the provision of one or more licensed interactive wagering services by the provider; and

those bets are subsequently resolved (whether at the same time or at different times);

close the account; and

if the account has a credit balance—pay the individual an amount equal to the credit balance; and

close the account; and

if the account has been closed—the provider must not reopen, reactivate or reinstate the account.

Paragraph (5)(f) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

Subsection (5) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

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

61NA Protected information

For the purposes of this Part, protected information means:

information about whether an individual is or was a registered individual; or

information about whether an individual is or was a nominated support person of a registered individual; or

any other information that is or was included in an entry in the National Self-exclusion Register; or

information about, or included in, an application made by an individual under Division 3 or the Register rules.

61NB Unauthorised disclosure of protected information

Offence

Penalty: 120 penalty units.

Civil penalty provision

Civil penalty: 180 penalty units.

Exceptions

Note 1: 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 2: 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).

Authorised disclosure—general

Authorised disclosure—consent

Authorised disclosure—information derived from protected information

Offence—extended geographical jurisdiction

A person commits an offence if:

the person discloses protected information; and

the person is or was:

a licensed interactive wagering service provider; or

an employee of a licensed interactive wagering service provider; or

iii

a contracted service provider of a licensed interactive wagering service provider; or

an employee of a contracted service provider of a licensed interactive wagering service provider; or

the Register operator; or

an employee of the Register operator; or

vii

a contracted service provider of the Register operator; or

viii

an employee of a contracted service provider of the Register operator; or

an ACMA official; or

the Secretary of a Department; or

an APS employee in a Department; and

the information has come to the person’s knowledge, or into the person’s possession:

if the person is or was a licensed interactive wagering service provider—in connection with the person’s capacity as such a provider; or

if the person is or was an employee of a licensed interactive wagering service provider—because the person is or was employed by the provider in connection with its business as such a provider; or

iii

if the person is or was a contracted service provider of a licensed interactive wagering service provider—in connection with the person’s business as such a contracted service provider; or

if the person is or was an employee of a contracted service provider of a licensed interactive wagering service provider—because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or

if the person is or was the Register operator—in connection with the person’s capacity as the Register operator; or

if the person is or was an employee of the Register operator—because the person is or was employed by the Register operator in connection with its business as the Register operator; or

vii

if the person is or was a contracted service provider of the Register operator—in connection with the person’s business as such a contracted service provider; or

viii

if the person is or was an employee of a contracted service provider of the Register operator—because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or

if the person is or was an ACMA official—in connection with the person’s capacity as an ACMA official; or

if the person is or was the Secretary of a Department—in connection with the person’s capacity as the Secretary of that Department; or

if the person is or was an APS employee in a Department—in connection with the person’s capacity as an APS employee in that Department.

A person must not disclose protected information if:

the person is or was:

a licensed interactive wagering service provider; or

an employee of a licensed interactive wagering service provider; or

iii

a contracted service provider of a licensed interactive wagering service provider; or

an employee of a contracted service provider of a licensed interactive wagering service provider; or

the Register operator; or

an employee of the Register operator; or

vii

a contracted service provider of the Register operator; or

viii

an employee of a contracted service provider of the Register operator; or

an ACMA official; or

the Secretary of a Department; or

an APS employee in a Department; and

the information has come to the person’s knowledge, or into the person’s possession:

if the person is or was a licensed interactive wagering service provider—in connection with the person’s capacity as such a provider; or

if the person is or was an employee of a licensed interactive wagering service provider—because the person is or was employed by the provider in connection with its business as such a provider; or

iii

if the person is or was a contracted service provider of a licensed interactive wagering service provider—in connection with the person’s business as such a contracted service provider; or

if the person is or was the Register operator—in connection with the person’s capacity as the Register operator; or

if the person is or was an employee of the Register operator—because the person is or was employed by the Register operator in connection with its business as the Register operator; or

vii

if the person is or was a contracted service provider of the Register operator—in connection with the person’s business as such a contracted service provider; or

viii

if the person is or was an ACMA official—in connection with the person’s capacity as an ACMA official; or

if the person is or was the Secretary of a Department—in connection with the person’s capacity as the Secretary of that Department; or

if the person is or was an APS employee in a Department—in connection with the person’s capacity as an APS employee in that Department.

Subsections (1) and (2) do not apply if the disclosure was authorised by or under:

subsection (4), (6) or (7); or

section 61NC; or

section 61ND; or

section 61NE; or

section 61NF; or

section 61NG; or

section 61NH; or

Australian Privacy Principle 12; or

(i) Part V of the Freedom of Information Act 1982.

A person covered by paragraph (1)(b) or (2)(a) may disclose protected information:

in connection with the administration or execution of this Part; or

for the purposes of ensuring that a licensed interactive wagering service provider complies with this Part; or

for the purposes of:

any legal proceedings arising out of or otherwise related to this Part; or

any report of any such proceedings; or

in accordance with any requirement imposed by a law of the Commonwealth, a State or a Territory; or

in connection with the performance of functions, or the exercise of powers, by:

the Register operator; or

the ACMA; or

for the purpose of obtaining legal advice in relation to this Part.

(5) For the purposes of subsection (4), this Part includes:

the Register rules; and

any other provision of this Act, so far as that other provision relates to this Part or the Register rules; and

the Regulatory Powers Act, so far as that Act relates to this Part; and

(d) the National Self-exclusion Register (Cost Recovery Levy) Act 2019.

A person covered by paragraph (1)(b) or (2)(a) may disclose protected information that is personal information that relates to an individual if:

the individual has consented to the disclosure; and

the disclosure is in accordance with that consent.

(7) The ACMA may disclose personal information derived from protected information if the personal information is de-identified information (within the meaning of the Privacy Act 1988).

(8) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).

61NC Access to the National Self-exclusion Register by a licensed interactive wagering service provider 1

A licensed interactive wagering service provider may request the Register operator to inform the provider whether one or more specified individuals are registered individuals as at the time when the request is made.

A request under subsection (1) must include, for each individual covered by the request:

the individual’s name; and

such other information as is prescribed by the Register rules.

The Register operator must:

comply with a request under subsection (1); and

do so within the period ascertained in accordance with the Register rules.

The Register rules may make provision for and in relation to either or both of the following:

the manner in which a request under subsection (1) is to be made;

the manner in which the Register operator is to comply with a request under subsection (1).

A manner mentioned in subsection (4) must involve the use of an internet carriage service.

Connectivity obligations of licensed interactive wagering service provider

that (when considered together) enable the provider to:

Offence

Penalty: 120 penalty units.

Civil penalty provision

Civil penalty: 180 penalty units.

Offence—extended geographical jurisdiction

A licensed interactive wagering service provider must take all reasonable steps to ensure that the provider:

has a computer system; and

is continuously supplied with an internet carriage service;

make requests under subsection (1) at any time of the day or night; and

be informed by the Register operator in compliance with those requests.

A person commits an offence if:

the person is a licensed interactive wagering service provider; and

the person engages in conduct; and

the person’s conduct contravenes subsection (6).

A person who contravenes subsection (7) 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.

A licensed interactive wagering service provider must not contravene subsection (6).

A person who contravenes subsection (9) 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).

(11) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (7).

61ND Access to the National Self-exclusion Register by a registered individual 1

A registered individual may request the Register operator to inform the individual of the content of the individual’s entry in the National Self-exclusion Register.

The Register operator must:

comply with a request under subsection (1); and

do so as soon as practicable after the request is made.

The Register rules may make provision for and in relation to either or both of the following:

the manner in which a request under subsection (1) is to be made;

the manner in which the Register operator is to comply with a request under subsection (1).

This section does not, by implication, limit:

Australian Privacy Principle 12; or

(b) Part V of the Freedom of Information Act 1982.

61NE Access to the National Self-exclusion Register by a nominated support person 1

A nominated support person of a registered individual may request the Register operator to inform the individual of so much of the content of the individual’s entry in the National Self-exclusion Register as relates to the nominated support person.

The Register operator must:

comply with a request under subsection (1); and

do so as soon as practicable after the request is made.

The Register rules may make provision for and in relation to either or both of the following:

the manner in which a request under subsection (1) is to be made;

the manner in which the Register operator is to comply with a request under subsection (1).

This section does not, by implication, limit:

Australian Privacy Principle 12; or

(b) Part V of the Freedom of Information Act 1982.

61NF Disclosure to State/Territory wagering licensing or regulatory bodies 1

The ACMA may authorise the Register operator to disclose protected information to a State/Territory wagering licensing or regulatory body if the ACMA is satisfied that the information will enable or assist the body to perform any of the functions, or exercise any of the powers, of the body.

Conditions

The ACMA may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1).

An instrument made under subsection (2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.

Otherwise, an instrument made under subsection (2) is a legislative instrument.

61NG Disclosure to Ministers 1

An ACMA official may disclose protected information to the Minister.

An ACMA official may disclose to a Minister protected information that relates to a matter arising under a provision of an Act that is administered by that Minister.

Subsection (2) does not limit subsection (1).

61NH Disclosure to public servants for advising their Ministers etc. 1

For the purpose of advising the Minister, an ACMA official may disclose protected information to:

the Secretary of the Department; or

an APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this subsection.

For the purpose of advising a Minister administering a particular provision of an Act, an ACMA official may disclose protected information relating to a matter arising under that provision to:

the Secretary of the Department that is administered by that Minister; or

an APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection.

If information is disclosed to the Secretary of the Department under subsection (1) for the purpose of advising the Minister, the Secretary may, for that purpose, disclose the information to:

the Minister; or

an APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this subsection.

If information is disclosed to an APS employee in the Department under subsection (1) for the purpose of advising the Minister, the APS employee may, for that purpose, disclose the information to:

the Minister; or

the Secretary of the Department; or

another APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this subsection.

If information is disclosed to the Secretary of a Department under subsection (2) for the purpose of advising the Minister who administers that Department, the Secretary may, for that purpose, disclose the information to:

that Minister; or

an APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection.

If information is disclosed to an APS employee in a Department under subsection (2) for the purpose of advising the Minister who administers that Department, the APS employee may, for that purpose, disclose the information to:

that Minister; or

the Secretary of that Department; or

another APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection.

Subsection (2) does not limit subsection (1).

61PA When levy is due and payable

Levy is due and payable at the time ascertained in accordance with the Register rules.

61PB Late payment penalty 1

If an amount of levy payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount calculated at the rate of:

20% per annum; or

if the Register rules specify a lower percentage—that lower percentage per annum;

on the amount unpaid, calculated from the start of the day after that time occurred until the end of the day before the day when the amount of levy is paid in full.

Remission of late payment penalty

Review of decisions

(2) Penalty payable under subsection (1) is to be known as late payment penalty.

The ACMA may remit the whole or a part of an amount of late payment penalty.

Applications may be made to the Administrative Appeals Tribunal for review of a decision of the ACMA to refuse to remit the whole or a part of an amount under subsection (3).

61PC Recovery of levy and late payment penalty

Levy, or late payment penalty:

is a debt due to the ACMA on behalf of the Commonwealth; and

may be recovered by the ACMA, on behalf of the Commonwealth, in:

the Federal Court; or

the Federal Circuit Court; or

iii

a court of a State or Territory that has jurisdiction in relation to the matter.

61PD Refund of overpayment of levy or late payment penalty

If there is an overpayment of:

the overpayment is to be refunded by the ACMA on behalf of the Commonwealth.

levy; or

late payment penalty;

61QA Computerised decision-making 1

The Register operator may arrange for the use, under the Register operator’s control, of computer programs for any purposes for which the Register operator may, or must, under this Part or the Register rules:

make a decision; or

exercise any power or comply with any obligation; or

do anything else related to making a decision or exercising a power or complying with an obligation.

For the purposes of this Part and the Register rules, the Register operator is taken to have:

made a decision; or

exercised a power or complied with an obligation; or

done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

(3) The Register operator may substitute a decision for a decision (the initial decision) made by the operation of a computer program under an arrangement under subsection (1) if the Register operator is satisfied that the initial decision is incorrect.

61QB Dealing with complaints 1

The Register rules may prescribe procedures that must be followed by the Register operator in order to deal with complaints about the administration or operation of the National Self-exclusion Register.

If:

a person has reason to believe that another person has contravened a provision of:

this Part; or

the Register rules; and

the person makes a complaint to the Register operator about the matter;

the Register operator must refer the complaint to the ACMA.

61QC Application of the Privacy Act 1988 to the Register operator

For the purposes of the Privacy Act 1988, if the National Self-exclusion Register is kept by the Register operator under a particular contract, each of the following:

is taken to be the provision of a service to the ACMA under the contract.

the keeping of the National Self-exclusion Register by the Register operator;

the operation of the National Self-exclusion Register by the Register operator;

the performance of a function, or the exercise of a power, by the Register operator under:

this Part; or

the Register rules;

61QD Application of the Freedom of Information Act 1982 to the Register operator 1

(1) For the purposes of the Freedom of Information Act 1982, if the National Self-exclusion Register is kept by the Register operator under a particular contract, the contract is taken to be a Commonwealth contract.

(2) For the purposes of the Freedom of Information Act 1982, if the National Self-exclusion Register is kept by the Register operator under a particular contract, each of the following:

the keeping of the National Self-exclusion Register by the Register operator;

the operation of the National Self-exclusion Register by the Register operator;

the performance of a function, or the exercise of a power, by the Register operator under:

this Part; or

the Register rules;

is taken to be the provision of a service under the contract in connection with the performance of the functions or the exercise of the powers of the ACMA.

61QE Implied freedom of political communication 1

This Part does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

(2) Subsection (1) does not limit the application of Acts Interpretation Act 1901 to this Act.section 15A of the

61QF Review of this Part 1

After the end of the 12-month period beginning at the start of the proclaimed start day, the Minister must cause to be conducted a review of the operation of:

this Part (other than Divisions 4, 5 and 6); and

the remaining provisions of this Act, so far as they relate to this Part (other than Divisions 4, 5 and 6); and

the Register rules; and

(d) the National Self-exclusion Register (Cost Recovery Levy) Act 2019.

Public consultation

Report

A review under subsection (1) must make provision for public consultation.

A report of the review must:

be given to the Minister within 18 months after the end of the 12-month period mentioned in subsection (1); and

be published on the Department’s website as soon as practicable after the report is given to the Minister.

The Minister must cause copies of a report under subsection (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

61QG Evaluation of this Part 1

After the end of the 3-year period beginning at the start of the proclaimed start day, the Minister must cause to be conducted an evaluation of the operation of:

this Part; and

the remaining provisions of this Act, so far as they relate to this Part; and

the Register rules; and

the Regulatory Powers Act, so far as that Act relates to this Part; and

(e) the National Self-exclusion Register (Cost Recovery Levy) Act 2019.

Report

A report of the evaluation must:

be given to the Minister within 12 months after the end of the 3-year period mentioned in subsection (1); and

be published on the Department’s website as soon as practicable after the report is given to the Minister.

61QH Register rules 1

(1) The ACMA may, by legislative instrument, make rules (Register rules) prescribing matters required or permitted by this Part to be prescribed by the Register rules.

The Register rules may make provision for or in relation to a matter by empowering the Register operator to make decisions of an administrative character.

Before making Register rules, the ACMA must consult the Minister.

10 At the end of section 64A

Add:

; or (j) subsection 61JD(2); or

subsection 61JD(4); or

subsection 61JP(5); or

subsection 61KA(3); or

subsection 61LA(2); or

subsection 61LA(4); or

subsection 61LB(2); or

subsection 61LC(2); or

subsection 61LD(2); or

subsection 61MA(2); or

subsection 61MB(5); or

subsection 61MC(5); or

subsection 61NB(2); or

subsection 61NC(9).

11 After paragraph 64C(1)(i)

Insert:

; (j) subsection 61JD(2);

subsection 61JD(4);

subsection 61JP(5);

subsection 61KA(3);

subsection 61LA(2);

subsection 61LA(4);

subsection 61LB(2);

subsection 61LC(2);

subsection 61LD(2);

subsection 61MA(2);

subsection 61MB(5);

subsection 61MC(5);

subsection 61NB(2);

subsection 61NC(9).

12 After paragraph 64D(1)(i)

Insert:

; (j) subsection 61JD(2);

Privacy Act 1988

subsection 61JD(4);

subsection 61JP(5);

subsection 61KA(3);

subsection 61LA(2);

subsection 61LA(4);

subsection 61LB(2);

subsection 61LC(2);

subsection 61LD(2);

subsection 61MA(2);

subsection 61MB(5);

subsection 61MC(5);

subsection 61NB(2);

subsection 61NC(9).

13 Before paragraph 7.8(a) of Schedule 1

Insert:

[Minister’s second reading speech made in—

House of Representatives on 27 November 2019

Senate on 5 December 2019]

(222/19)

(aa) Interactive Gambling Act 2001;Division 5 of Part 7B of the