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Interactive Gambling Bill 2001

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2216

1998-1999-2000-2001

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

 

 

Interactive Gambling Bill 2001

 

 

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

 

(1)     Clause 3, page 2 (line 20), after “Australia”, insert “or overseas”.

[simplified outline]

(2)     Clause 3, page 2 (after line 20), after paragraph (a), insert:

                    (aa)  prohibiting foreign-based interactive gambling service providers from soliciting, or providing interactive gambling services to, persons resident in Australia; and

                   (ab)  prohibiting persons resident in Australia from using, or betting on, an interactive gambling service; and.

                    (ac)  making agreements relating to unlawful gambling unenforceable; and

[simplified outline]

(3)     Clause 4, page 5 (after line 10), after the definition of Federal Court , insert:

foreign-based interactive gambling service has the meaning given by section 5A.

[interpretation]

(4)     Clause 4, page 6 (after line 6), after the definition of Internet service provider , insert:

legal wagering service provider means:

                     (a)  a person who is authorised under the law of a State or Territory to carry on bookmaking activities; or

                     (b)  a person who is authorised under the law of a State or Territory to conduct totalizator betting.

[interpretation]

(5)     Clause 5, page 8 (after line 4), after paragraph (a), insert:

                    (aa)  a service to the extent to which it relates to betting on, or on a series of, any or all of the following:

                              (i)  a horse race;

                             (ii)  a harness race;

                            (iii)  a greyhound race;

                            (iv)  a sporting event;

                   (ab)  a service to the extent to which it relates to betting on:

                              (i)  an event; or

                             (ii)  a series of events; or

                            (iii)  a contingency;

that is not covered by paragraph (aa).

[excluded services]

(6)     Clause 5, page 8 (after line 8), at the end of the clause, add:

             (4)  Paragraphs (3)(a), (aa) and (ab) do not apply to a service to the extent to which:

                     (a)  the service relates to betting on a contingency that may or may not happen in the course of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event; or

                     (b)  the service relates to betting on a horse race, harness race, or greyhound race that is to be held anywhere in Australia if it is provided by a person who is not a legal wagering service provider.

             (5)  The regulations may exempt any person, or class of persons, from the operation of part or all of subsection (4) in such circumstances, and subject to such conditions, as may be specified in the regulations.

             (6)  Paragraph (3)(ab) does not apply to a service to the extent to which the service is:

                     (a)  a service for the conduct of a lottery; or

                     (b)  a service for the supply of lottery tickets; or

                     (c)  a service relating to betting on the outcome of a lottery; or

                     (d)  a service for the conduct of a game, where:

                              (i)  the game is played for money or anything else of value; and

                             (ii)  the game is a game of chance or of mixed chance and skill; and

                            (iii)  a customer of the service gives or agrees to give consideration to play or enter the game; or

                     (e)  a service relating to betting on the outcome of a game of chance or of mixed chance and skill.

[excluded services]

(7)     Page 8 (after line 8), after clause 5, insert:

5A  Foreign-based interactive gambling services

             (1)  For the purposes of this Act, a foreign-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 offence 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 foreign-based interactive gambling service :

                     (a)  a telephone betting service;

                     (b)  a service to the extent to which it relates to betting on, or on a series of, any or all of the following:

                              (i)  a horse race;

                             (ii)  a harness race;

                            (iii)  a greyhound race;

                            (iv)  a sporting event;

                     (c)  a service to the extent to which it relates to betting on:

                              (i)  an event; or

                             (ii)  a series of events; or

                            (iii)  a contingency;

                            that is not covered by paragraph (aa);

                     (d)  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 gaming or wagering (see section 9);

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

             (4)  Paragraphs (3) (a), (b) and (c) do not apply to a service to the extent to which

                              (i)  the service relates to betting on a contingency that may or may not happen in the course of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event; or

                             (ii)  the service relates to betting on a horse race, harness race, or greyhound race that is to be held anywhere in Australia if it is provided by a person who is not a legal Australian wagering service provider.

             (5)  Paragraph (3)(c) does not apply to a service to the extent to which the service is:

                     (a)  a service for the conduct of a lottery; or

                     (b)  a service for the supply of lottery tickets; or

                     (c)  a service relating to betting on the outcome of a lottery; or

                     (d)  a service for the conduct of a game, where:

                              (i)  the game is played for money or anything else of value; and

                             (ii)  the game is a game of chance or of mixed chance and skill; and

                            (iii)  a customer of the service gives or agrees to give consideration to play or enter the game; or

                     (e)  a service relating to betting on the outcome of a game of chance or of mixed chance and skill.

             (6)  The exclusion of a service under paragraph (3)(a)(b) or (c) does not exclude the service from the operation of Part 7A.

[interpretation]

(8)     Clause 6, page 8 (line 20), omit “neither”, substitute “none”.

[excluded services]

(9)     Clause 6, page 8 (line 25), at the end of subclause (3), add:

                    ;(c)  a gambling service that is excluded from section 5;

                     (d)  a gambling service that is excluded from section 5A.

[excluded services]

(10)   Heading to Part 2, page 11 (lines 2 to 4), omit the heading, substitute:

Part 2—Offences

[offences]

(11)   Heading to clause 15, page 11 (line 7), omit “ to customers in Australia ”.

[offences]

(12)   Clause 15, page 11 (lines 8 to 12), omit subclause (1), substitute:

             (1)  A person is guilty of an offence if the person intentionally provides an Australian-based interactive gambling service.

[offences]

(13)   Clause 15, page 11 (lines 17 to 22), omit subclause (3) (and the note).

[offences]

(14)   Page 11 (after line 22), at the end of Part 2, add:

15A  Offence of providing a foreign-based interactive gambling service to customers in Australia

             (1)  A person is guilty of an offence if:

                     (a)  the person intentionally provides an foreign-based interactive gambling service; and

                     (b)  the service has an Australian-customer link (see section 8).

Penalty: 2,000 penalty units.

             (2)  A person who contravenes subsection (1) is guilty of a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

             (3)  Subsection (1) does not apply if the person:

                     (a)  did not know; and

                     (b)  could not, with reasonable diligence, have ascertained;

that the service had an Australian-customer link.

Note:          The defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

[offences]

(15)   Page 11 (after line 22), at the end of Part 2, add:

15B  Offence of using an interactive gambling service in Australia

             (1)  A person while resident in Australia must not use, or bet on, an interactive gambling service.

Penalty:  50 penalty units.

[offences]

(16)   Page 11 (after line 22), at the end of Part 2, add:

15C  Offence of providing an electronic link to an interactive gambling service

             (1)  A person must not provide, by means of the Internet, subscription broadcasting or narrowcasting or any other online communications system, any service that enables a person to gain access to any form of gambling service prohibited by this Act.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply to, or in respect of, any form of gambling that is otherwise lawful.

             (3)  The regulations may exempt any person, or class of persons, from the operation of part or all of subsection (1) in such circumstances, and subject to such conditions, as may be specified in the regulations.

[links]

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

Part 2A—Unenforceability of agreements relating to unlawful gambling

15D  Agreements relating to unlawful gambling unenforceable

             (1)  Any agreement, whether oral or in writing, that relates to any form of gambling that is prohibited under this Act has no effect, and no action may be brought or maintained in any court to recover any money alleged to have been won from, or any money paid in connection with, any such form of gambling.

             (2)  Nothing in subsection (1) applies to or in respect of any form of gambling that is otherwise lawful.

             (3)  Any agreement, whether oral or in writing, that relates to funds transfer to, or through, an intermediary for the sole or dominate to facilitate transfer of cleared funds to a gambling service provider who is providing a service that is unlawful under this Act has no effect and no action may be brought or maintained in any court to recover any money alleged to have been won from, or any money paid in connection with, any such transfers.

             (4)  Nothing in subsection (3) applies to or in respect of any form of funds transfer that is otherwise lawful.

[unenforceable agreements]

(18)   Clause 37, page 27 (after line 6), after paragraph (6)(b), insert:

                     (c)  an arrangement that involves the use of redirection of URLs of prohibited Internet gambling services, or prohibited Internet gambling content, by a requirement to ensure all Domain Name Services in Australia are ultimately linked to an Australian Root Server where requests for that service or content are redirected, by local reassignment of the IP of the prohibited Internet gambling service domain, to an information site maintained by the ABA.

[industry code etc.]