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Interactive Gambling Bill 2001

Part 5 Complaints system: online provider rules

   

54   Online provider rules

                   For the purposes of this Act, each of the following is an online provider rule :

                     (a)  the rule set out in subsection 28(1);

                     (b)  the rule set out in subsection 28(2);

                     (c)  the rule set out in subsection 42(2);

                     (d)  the rule set out in section 48.

55   Compliance with online provider rules

                   A person is guilty of an offence if:

                     (a)  an online provider rule is applicable to the person; and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes the rule.

Penalty:  50 penalty units.

Note:          See also section 57.

56   Remedial directions—breach of online provider rules

             (1)  This section applies if an Internet service provider has contravened, or is contravening, an online provider rule.

             (2)  The ABA may give the provider a written direction requiring the provider to take specified action directed towards ensuring that the provider does not contravene the rule, or is unlikely to contravene the rule, in the future.

             (3)  The following are examples of the kinds of direction that may be given to an Internet service provider under subsection (2):

                     (a)  a direction that the provider implement effective administrative systems for monitoring compliance with an online provider rule;

                     (b)  a direction that the provider implement a system designed to give the provider’s employees, agents and contractors a reasonable knowledge and understanding of the requirements of an online provider rule, in so far as those requirements affect the employees, agents or contractors concerned.

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

                     (a)  the person is subject to a direction under subsection (2); and

                     (b)  the person engages in conduct; and

                     (c)  the person’s conduct contravenes the direction.

Penalty for contravention of this subsection:        50 penalty units.

Note:          See also section 57.

57   Continuing offences

             (1)  A person who contravenes section 55 or subsection 56(4) is guilty of 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.

             (2)  If an offence against this Part is a continuing offence, the maximum penalty for each day that the offence continues is 10% of the maximum penalty that could be imposed in respect of the principal offence.

58   Formal warnings—breach of online provider rules

                   The ABA may issue a formal warning if a person contravenes an online provider rule.

59   Federal Court may order a person to cease supplying Internet carriage services

             (1)  If the ABA is satisfied that a person who is an Internet service provider is supplying an Internet carriage service otherwise than in accordance with an online provider rule, the ABA may apply to the Federal Court for an order that the person cease supplying that Internet carriage service.

             (2)  If the Federal Court is satisfied, on such an application, that the person is supplying an Internet carriage service otherwise than in accordance with the online provider rule, the Federal Court may order the person to cease supplying that Internet carriage service.