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Interactive Gambling Bill 2001

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2225

1998-1999-2000-2001

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

 

 

Interactive Gambling Bill 2001

 

 

(Amendments to be moved by Senator Harradine in committee of the whole)

 

(1)     Clause 4, page 6 (after line 9), after the definition of lottery , insert:

non-Australian-based interactive gambling service has the meaning given by section 8B.

[prohibited payments]

(2)     Clause 4, page 6 (after line 19), after the definition of prohibited Internet gambling service , insert:

prohibited payment has the meaning given by section 8A.

[prohibited payments]

(3)     Page 9 (after line 14), after clause 8, insert:

8A  Prohibited payments

             (1)  For the purposes of this Act, a prohibited payment is either:

                     (a)  a payment made for the benefit of a non-Australian-based interactive gambling service by, or on behalf of, a customer who is physically present in Australia; or

                     (b)  a payment made by, or on behalf of, a non-Australian-based interactive gambling service for the benefit of a customer who is physically present in Australia.

             (2)  A payment includes, but is not limited to, any or all of the following forms of payment:

                     (a)  an amount of Australian currency;

                     (b)  an amount of foreign currency;

                     (c)  a cheque;

                     (d)  a money order;

                     (e)  a credit card transaction;

                      (f)  an electronic transfer of funds;

                     (g)  a bill of exchange;

                     (h)  a promissory note;

                      (i)  a loan;

                      (j)  a transfer or allotment of securities;

                     (k)  an agreement or contract conferring on a person a right (whether actual or contingent) to receive any valuable consideration or the performance of any service.

Note:          This definition relates to offences created by section 15A.

[prohibited payments]

(4)     Page 9 (after line 14), after clause 8A, insert:

8B  Non-Australian-based interactive gambling services

             (1)  For the purposes of this Act, a non-Australian-based interactive gambling service is a gambling service, where:

                     (a)  the service is provided in the course of carrying on a business; and

                     (b)  the service is provided to customers using any of the following:

                              (i)  an Internet carriage service;

                             (ii)  any other listed carriage service;

                            (iii)  a broadcasting service;

                            (iv)  any other content service;

                             (v)  a datacasting service; and

                     (c)  the service does not have an Australian-provider link (see section 7).

Note:          This definition relates to the offences created by section 15A.

             (2)  Subsection (1) has effect subject to subsection (3).

Excluded services

             (3)  For the purposes of this Act, none of the following services is a non-Australian-based interactive gambling service :

                     (a)  a telephone betting service;

                     (b)  a service to the extent to which it relates to the entering into of contracts that, under the Corporations Law, are exempt from a law relating to gambling or wagering (see section 9);

                     (c)  an exempt service (see section 10).

             (4)  A service under subsection (1) includes any agent or intermediary used by the gambling service for the making or receipt of any payments within the meaning of subsection 8A(1)

[prohibited payments]

(5)     Page 11 (after line 22), after Part 2, insert:

Part 2A—Prohibited payments

15A  Offences relating to prohibited payments

             (1)  A person is guilty of an offence if the person makes or receives a prohibited payment.

Penalty:

                     (a)  for a person who is customer of an interactive gambling service—10 penalty units; or

                     (b)  for any other person—200 penalty units.

             (2)  A constitutional corporation is guilty of an offence if the corporation makes or receives a prohibited payment.

Penalty:  1,000 penalty units.

             (3)  It is a defence to a prosecution of a person or a corporation for an offence against subsection (1) or (2), as the case may be, if the person or corporation proves that the person or corporation did not know, and could not with reasonable diligence have discovered, that the person or corporation was making or receiving a prohibited payment.

             (4)  In this section:

constitutional corporation means:

                     (a)  a foreign corporation; or

                     (b)  a trading corporation to which paragraph 51(xx) of the Constitution applies; or

                     (c)  a financial corporation to which paragraph 51(xx) of the Constitution applies; or

                     (d)  a corporation incorporated in a Territory.

                     (e)  a body corporate that carries on, as its sole or principal business, the business of:

                              (i)  banking (other than State banking not extending beyond the limits of the State concerned); or

                             (ii)  insurance (other than State insurance not extending beyond the limits of the State concerned);

                      (f)  a body corporate that is a holding company of a body corporate covered by any of the above paragraphs.

15B  Agreements relating to prohibited payments unenforceable

                   Any agreement, whether oral or in writing, that relates to a payment that is a prohibited payment under this Act has no effect, and no action may be brought or maintained in any court to recover any such payment.

[prohibited payments]