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Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures) Bill 2011 [2013]

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2010-2011

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

INTERACTIVE GAMBLING AND BROADCASTING AMENDMENT

(ONLINE TRANSACTIONS AND OTHER MEASURES) BILL 2011

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

(Circulated by authority of Senator N Xenophon)

 

 

 

 

 

 

 

 

 



 

INTERACTIVE GAMBLING AND BROADCASTING AMENDMENT

(ONLINE TRANSACTIONS AND OTHER MEASURES) BILL 2011

 

 

1.         Short Title

This clause is a formal provision and specifies the short title of Bill, once enacted, may be cited as the Interactive Gambling and Broadcasting Amendment (Online Transactions and Other Measures) Act 2011 .

 

2.         Commencement

This clause provides for the commencement of the Act on the 28 th day after the Act receives Royal Assent.

 

3.       Prohibitions on corporations offering gambling services

This clause prohibits corporations from offering gambling services such as spot betting, exotic betting, in-play betting or similar forms of betting.

 

These forms of betting will be defined in regulations and relate to micro-bets placed on individual events within a sporting game such as, but not limited to, the first penalty, the first goal, the first "Duck" (Cricket), the first Yellow Card (Soccer or Rugby), the first to 50 points, etc.

 

This clause also prohibits corporations from offering players the gambling service of betting on losing incomes.

 

A breach of this provision is a maximum 10,000 penalty units.

 

4.         Regulations

Clause 4 provides for regulations to be made in order to give effect to this Act.

 

5.    Schedule(s)

       This clause states that each Act specified in a Schedule to this Act is to be amended as set out in the Schedule.

 

6.    Schedule 1 - Amendments relating to online transactions

This schedule amends the Interactive Gambling Act 2001 and inserts a Part 2B relating to financial transactions for interactive gambling payments.

 

Items 1, 2, 3 and 4 insert definitions for financial transaction provider , interactive gambling standard , regulated payment system and regulated transaction into the Act.

 

Item 5 of this Schedule inserts a provision into the Act which states that customers may request to their financial transaction provider that an interactive gambling payment (a payment for the provision of an interactive gambling service) be suspended or cancelled.

 

This may only occur as long as the transaction has not been completed.

 

It also provides that the financial transaction provider is not liable for any suspended or cancelled payment.

 

7.    Schedule 2 - Amendments relating to inducements to gamble

This schedule inserts 'inducement to gamble' as a gambling service into the Interactive Gambling Act 2001 and which is prohibited under section 6 of the Act.

 

Under this Schedule, a game is an inducement to gamble if it is a game of chance or a game of mixed chance or skill, and if the service for the conduct of the game is provided to the customer with the intention of subsequently inducing the customer to use a gambling service.

 

This applies whether the game is played for money or anything else of value.

 

8.    Schedule 3 - Amendments relating to broadcasting about gambling

This schedule amends the Broadcasting Services Act 1992 and introduces conditions for commercial television broadcasting licencees in relation to advertising of betting venues, online gambling sites and gambling odds.

 

Items 1, 2 and 3 requires ACMA to enforce conditions that require commercial television, radio and subscription television broadcasting licencees not to broadcast any advertising of betting venues and online gambling sites during all G classified programs and sports or sports-related programs.

 

It also requires ACMA to enforce conditions to require commercial television, radio and subscription television broadcasting licencees not to broadcast betting odds where there is a commercial arrangement between the licencee or an agent of the licencee (ie. presenter) to provide betting odds.

 

Under this schedule, regulations will prescribe various definitions.

 

Failure to abide by such conditions set by ACMA would be a breach of the broadcaster's licence.

 

9.    Schedule 4 - Amendments about obtaining a financial advantage by deception, in relation to a code of sport

This schedule inserts a provision into the Criminal Code Act 1995 , making match-fixing a crime.

 

Item 1 inserts definitions into the Act with regards to code of sport , constitutional corporation and deception .

 

Deception is considered to be:

·          conduct by a person that contrives the outcome of a sporting match or the occurrence of  micro-event during a sporting match;

·          deliberate underperformance by a player during a sporting match that achieves a particular result in the sporting match;

·          contriving the withdrawal of a player during a sporting match to achieve a particular result in the sporting match;

·          use by a person of confidential information in relation to a code of sport, to which the person has access because of that person's association with the code of sport, before that information is publicly available;

·          making a deliberately incorrect refereeing or like decision during a sporting match to influence the outcome of the sporting match;

·          deliberate interference before a sporting match with the equipment or playing surface to be used during the sporting match;

·          offering a bribe or making a threat, or engaging in any other coercive behaviour, against a person to achieve a particular result in a sporting match;

·          any other conduct prescribed by regulations.

 

This may apply to players, referees, persons associated with players, match officials, persons associated with the code of sport and other similar persons.

 

The maximum penalty for this is imprisonment for 10 years or 10,000 penalty units, or both.