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Interactive Gambling Bill 2001

Part 8 Miscellaneous

   

62   Application of Criminal Code

                   Chapter 2 of the Criminal Code (except Part 2.5) applies to an offence against this Act.

63   Conduct by directors, employees and agents

Body corporate

             (1)  If, in proceedings for:

                     (a)  an offence against this Act; or

                     (b)  an ancillary offence relating to this Act;

it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

                     (c)  that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (d)  that the director, employee or agent had the state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for:

                     (a)  an offence against this Act; or

                     (b)  an ancillary offence relating to this Act;

to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

Person other than a body corporate

             (3)  If, in proceedings for:

                     (a)  an offence against this Act; or

                     (b)  an ancillary offence relating to this Act;

it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

                     (c)  that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

                     (d)  that the employee or agent had the state of mind.

             (4)  Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for:

                     (a)  an offence against this Act; or

                     (b)  an ancillary offence relating to this Act;

to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

             (5)  If:

                     (a)  a person other than a body corporate is convicted of an offence; and

                     (b)  the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

State of mind

             (6)  A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

                     (a)  the knowledge, intention, opinion, belief or purpose of the person; and

                     (b)  the person’s reasons for the intention, opinion, belief or purpose.

Director

             (7)  A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.

Ancillary offence relating to this Act

             (8)  A reference in this section to an ancillary offence relating to this Act is a reference to an offence created by section 6 of the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to this Act.

64   Service of summons or process on foreign corporations—criminal proceedings

             (1)  This section applies to a summons or process in any criminal proceedings under this Act, where:

                     (a)  the summons or process is required to be served on a body corporate incorporated outside Australia; and

                     (b)  the body corporate does not have a registered office or a principal office in Australia; and

                     (c)  the body corporate has an agent in Australia.

             (2)  Service of the summons or process may be effected by serving it on the agent.

             (3)  Subsection (2) has effect in addition to section 28A of the Acts Interpretation Act 1901 .

Note:          Section 28A of the Acts Interpretation Act 1901 deals with the service of documents.

             (4)  In this section:

criminal proceeding includes a proceeding to determine whether a person should be tried for an offence.

65   Service of notices

                   In addition to other methods of giving a notice, a notice under this Act may be given by facsimile transmission.

66   Application of the Broadcasting Services Act 1992

             (1)  The following provisions of the Broadcasting Services Act 1992 have effect as if each reference in those provisions to that Act included a reference to this Act:

                     (a)  section 3;

                     (b)  subparagraph 5(1)(b)(ii);

                     (c)  subsection 5(2);

                     (d)  paragraph 158(n);

                     (e)  paragraph 160(c);

                      (f)  subsection 162(1);

                     (g)  paragraph 168(2)(b);

                     (h)  paragraph 171(2)(a);

                      (i)  section 183;

                      (j)  paragraph 187(2)(b).

             (2)  Paragraph 18(2)(j) of Schedule 3 to the Broadcasting Services Act 1992 does not apply to a notice given under this Act.

67   Additional ABA function—monitoring compliance with codes and standards

                   The ABA’s functions include monitoring compliance with codes and standards registered under Part 4.

68   Review before 1 July 2003

             (1)  Before 1 July 2003, the Minister must cause to be conducted a review of the following matters:

                     (a)  the operation of this Act;

                     (b)  the growth of interactive gambling services;

                     (c)  the social and commercial impact of interactive gambling services;

                     (d)  the effect of the following provisions:

                              (i)  paragraphs 5(3)(aa) and 6(3)(aa) and section 8A (excluded wagering services);

                             (ii)  paragraphs 5(3)(ab) and 6(3)(ab) and section 8B (excluded gaming services);

                            (iii)  paragraphs 5(3)(ac) and 6(3)(ac) and section 8C (services that have a designated broadcasting link);

                            (iv)  paragraphs 5(3)(ad) and 6(3)(ad) and section 8C (services that have a designated datacasting link);

                             (v)  paragraphs 5(3)(ae) and 6(3)(ae) and section 8D (excluded lottery services);

                     (e)  the effectiveness of this Act in dealing with the social and commercial impact of interactive gambling services;

                      (f)  technological developments that are relevant to the regulation of interactive gambling services;

                     (g)  technological developments that may assist in dealing with problem gambling.

             (2)  The Minister must cause to be prepared a report of a review under subsection (1).

             (3)  The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

             (4)  For the purposes of subsection (1), in determining whether a service is an interactive gambling service, subsection 5(3) is to be disregarded.

69   Operation of State and Territory laws

                   This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.

69A   Regulations about unenforceability of agreements relating to illegal interactive gambling services

Agreements

             (1)  The regulations may provide:

                     (a)  that an agreement has no effect to the extent to which it provides for the payment of money for the supply of an illegal interactive gambling service; and

                     (b)  that civil proceedings do not lie against a person to recover money alleged to have been won from, or paid in connection with, an illegal interactive gambling service.

Deadline for making regulations

             (2)  The Minister must take all reasonable steps to ensure that regulations are made for the purposes of this section within 6 months after the commencement of Part 2.

Illegal interactive gambling service

             (3)  For the purposes of this section, an interactive gambling service is an illegal interactive gambling service if, and only if, the provision of the service contravenes a provision of this Act that creates an offence.

Definition

             (4)  In this section:

agreement means an agreement, whether made orally or in writing.

70   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted to be prescribed by this Act; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.