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Interactive Gambling Bill 2001

Part 2 Offence of providing an interactive gambling service to customers in Australia

   

15   Offence of providing an interactive gambling service to customers in Australia

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

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

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

Penalty:  2,0 00 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 ).

             (4)  For the purposes of subsection (3), in determining whether the person could, with reasonable diligence, have ascertained that the service had an Australian-customer link, the following matters are to be taken into account:

                     (a)  whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in Australia;

                     (b)  whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in Australia;

                     (c)  whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia;

                     (d)  whether the person has network data that indicates that customers were physically present outside Australia:

                              (i)  when the relevant customer account was opened; and

                             (ii)  throughout the period when the service was provided to the customer;

                     (e)  any other relevant matters.

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