{"id":"C2019A00128","name":"National Self-exclusion Register (Cost Recovery Levy) Act 2019","slug":"national-self-exclusion-register-cost-recovery-levy-act-2019","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"128 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8654,"registerId":"commonwealth-C2019A00128-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Self-exclusion Register (Cost Recovery Levy) Act 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nNational Self‑exclusion Register (Cost Recovery Levy) Act 2019\n\n \n\nNo. 128, 2019\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose a levy on persons who provide licensed interactive wagering services, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Act to bind Crown\n\n4 Extension to external Territories\n\n5 Extra‑territorial application\n\n6 Definitions\n\n7 Imposition of levy\n\n8 By whom levy payable\n\n9 Amount of levy\n\n10 Limit on total amount of levies\n\n11 Designated levy periods and applicable percentages\n\n12 The ACMA’s upfront Register costs\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nNational Self-exclusion Register (Cost Recovery Levy) Act 2019\n\nNo. 128, 2019\n\n \n\n \n\n \n\nAn Act to impose a levy on persons who provide licensed interactive wagering services, and for related purposes\n\n[Assented to 12 December 2019]\n\nThe Parliament of Australia enacts:\n\n \n\n1  Short title\n\n  This Act is the National Self‑exclusion Register (Cost Recovery Levy) Act 2019.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act At the same time as the Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019 commences. 13 December 2019\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Act to bind Crown\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.\n\n4  Extension to external Territories\n\n  This Act extends to every external Territory.\n\n5  Extra‑territorial application\n\n  This Act extends to acts, omissions, matters and things outside Australia.\n\n6  Definitions\n\n  In this Act:\n\nACMA means the Australian Communications and Media Authority.\n\napplicable percentage, in relation to a designated levy period, has the meaning given by section 11.\n\ncost, in relation to the ACMA, means an amount that, in accordance with accrual‑based accounting principles, is treated as a cost of the ACMA.\n\ndesignated levy period has the meaning given by section 11.\n\n  interim period means the period:\n\n (a) beginning at the start of 30 November 2018; and\n\n (b) ending immediately before the proclaimed start day.\n\nlevy means levy imposed by this Act.\n\nlevy period means:\n\n (a) the period:\n\n (i) beginning at the start of the proclaimed start day; and\n\n (ii) ending at the end of 30 June next following the proclaimed start day; or\n\n (b) the financial year beginning on 1 July next following the proclaimed start day; or\n\n (c) a later financial year.\n\nlicensed interactive wagering service provider has the same meaning as in Part 7B of the Interactive Gambling Act 2001.\n\nproclaimed start day has the same meaning as in Part 7B of the Interactive Gambling Act 2001.\n\nRegister means the National Self‑exclusion Register kept under section 61HA of the Interactive Gambling Act 2001.\n\nRegister arrangement means an arrangement under subsection 61HA(1) of the Interactive Gambling Act 2001.\n\nRegister operator has the same meaning as in Part 7B of the Interactive Gambling Act 2001.\n\nRegister rules has the same meaning as in Part 7B of the Interactive Gambling Act 2001.\n\nthe ACMA’s upfront Register costs has the meaning given by section 12.\n\n7  Imposition of levy\n\n  Levy is imposed on a person for a levy period if:\n\n (a) the person was a licensed interactive wagering service provider during the whole or a part of the levy period; and\n\n (b) the person made at least one request to the Register operator under subsection 61NC(1) of the Interactive Gambling Act 2001 during the levy period.\n\n8  By whom levy payable\n\n  Levy imposed on a person for a levy period is payable by the person.\n\n9  Amount of levy\n\n (1) The amount of levy imposed on a person for a levy period is the amount worked out in accordance with a method determined by the ACMA by legislative instrument.\n\n (2) Before making a determination under subsection (1), the ACMA must consult the Minister.\n\n10  Limit on total amount of levies\n\n (1) The total amount of the levies imposed on persons for a levy period must not exceed the sum of the following:\n\n (a) the amounts paid, during the levy period, by the ACMA (on behalf of the Commonwealth) to the Register operator under a Register arrangement;\n\n (b) the costs incurred, during the levy period, by the ACMA in managing a Register arrangement;\n\n (c) the costs incurred, during the levy period, by the ACMA in relation to:\n\n (i) monitoring or promoting compliance with provisions of Part 7B of the Interactive Gambling Act 2001; or\n\n (ii) investigating whether persons have contravened provisions of Part 7B of the Interactive Gambling Act 2001; or\n\n (iii) taking action under the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to Part 7B of the Interactive Gambling Act 2001;\n\n (d) the costs incurred, during the levy period, by the ACMA in relation to the performance of its functions, or the exercise of its powers, under:\n\n (i) Part 7B of the Interactive Gambling Act 2001; or\n\n (ii) this Act;\n\n (e) the costs incurred, during the levy period, by the ACMA in relation to a procurement process that resulted in, or was intended to result in, the ACMA entering into a Register arrangement;\n\n (f) any other costs incurred, during the levy period, by the ACMA in relation to:\n\n (i) the development of the Register; or\n\n (ii) the operation of the Register;\n\n (g) if the levy period is a designated levy period—the applicable percentage of the ACMA’s upfront Register costs.\n\n11  Designated levy periods and applicable percentages\n\n (1) The ACMA may, by legislative instrument, determine that, for the purposes of this Act:\n\n (a) each of 2 or more consecutive levy periods specified in the determination is a designated levy period; and\n\n (b) the applicable percentage for a particular designated levy period is the percentage specified in the determination.\n\n (2) Different percentages may be specified for different designated levy periods.\n\n (3) The total of the applicable percentages must not exceed 100%.\n\n (4) Before making a determination under subsection (1), the ACMA must consult the Minister.\n\n12  The ACMA’s upfront Register costs\n\n  For the purposes of this Act, the ACMA’s upfront costs are the sum of the following:\n\n (a) the amounts paid, during the interim period, by the ACMA (on behalf of the Commonwealth) to the Register operator under a Register arrangement;\n\n (b) the costs incurred, during the interim period, by the ACMA in managing a Register arrangement;\n\n (c) the costs incurred, during the interim period, by the ACMA in relation to the performance of its functions, or the exercise of its powers, under:\n\n (i) Part 7B of the Interactive Gambling Act 2001; or\n\n (ii) this Act;\n\n (d) the costs incurred, during the interim period, by the ACMA in relation to a procurement process that resulted in, or was intended to result in, the ACMA entering into a Register arrangement;\n\n (e) any other costs incurred, during the interim period, by the ACMA in relation to:\n\n (i) preparing to establish the Register; or\n\n (ii) the establishment of the Register; or\n\n (iii) the development of the Register; or\n\n (iv) the operation of the Register.\n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 27 November 2019\n\nSenate on 5 December 2019]\n\n(225/19)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act implements a specific cost‑recovery scheme to fund the National Self‑exclusion Register. The text confines itself to defining who pays, what costs are recoverable, how upfront costs may be spread across levy periods, and the ACMA’s rule‑making role. It does not broaden the Register’s substantive functions or introduce unrelated regulatory obligations. Therefore the statutory scope aligns with the apparent original purpose of recovering ACMA/Register costs rather than representing a significant expansion beyond that objective (see ss7–12)."},"complexity_factors":["Short statute but heavy cross‑referencing to the Interactive Gambling Act (multiple defined terms reference Part 7B).","12 principal defined terms in the Interpretation section (s6) including cross‑references like 'licensed interactive wagering service provider' and 'proclaimed start day'.","Delegation of substantive calculation to ACMA legislative instruments (s9, s11) increases conditional complexity.","Multiple nested cost categories and caps in s10 and s12 (subparagraphs and cross‑period treatment).","Conditional logic: levy applies only if provider both licensed and made at least one Register request (s7).","Designated levy periods and applicable percentages mechanism with constraints (s11) adds temporal allocation complexity.","Consultation requirements with the Minister before determinations (s9(2), s11(4)) add procedural steps.","Extra‑territorial application and Crown‑binding exceptions (ss3–5) add jurisdictional nuance."],"plain_english_summary":"The Act creates a cost‑recovery levy on licensed interactive wagering providers that request entries from the National Self‑exclusion Register, shifting ACMA’s Register costs from the Commonwealth to the providers who use it. ACMA sets the levy method and any multi‑period recovery schedule (after consulting the Minister), and total levies in each period are capped at ACMA’s listed Register costs. It affects licensed online wagering businesses, ACMA and the Register operator, and may change providers’ pricing or operational choices."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: cost recovery for the National Self-exclusion Register. The scope covers exactly what the long title suggests — imposing a levy on licensed interactive wagering service providers for Register-related costs. While the cost categories in sections 10 and 12 are comprehensive, they are directly tied to Register establishment, operation, and compliance. There is no mission creep into broader gambling regulation or unrelated cost recovery."},"complexity_factors":["13 defined terms in section 6, several of which reference external legislation (Interactive Gambling Act 2001)","Nested cost categories in section 10 with 7 distinct sub-paragraphs (a) through (g), some with multiple sub-sub-paragraphs","Cross-referencing to Part 7B of the Interactive Gambling Act 2001 for key definitions (licensed interactive wagering service provider, proclaimed start day, Register operator, Register rules)","Conditional logic in section 7 requiring both status as a provider AND a request to the Register operator","Temporal complexity with three distinct time periods: interim period (pre-establishment), initial levy period, and ongoing financial years","Delegated legislative power to ACMA to determine calculation methods (section 9) and designated levy periods with applicable percentages (section 11)","Cap mechanism in section 10 limiting total levies to actual costs incurred"],"plain_english_summary":"This law creates a **cost recovery levy** (a fee) that online betting companies must pay to help fund the **National Self-exclusion Register** — a system that lets people ban themselves from gambling websites.\n\n**Who pays:** Licensed interactive wagering service providers — essentially, legal online betting companies (sports betting, racing, etc.) that operate in Australia.\n\n**When they pay:** If they made at least one request to the Register operator during a levy period (basically, if they used the system to check whether someone was self-excluded).\n\n**How much:** The Australian Communications and Media Authority (ACMA) determines the exact calculation method, but the total amount collected from all betting companies cannot exceed what it actually costs to run the Register. This includes:\n- Payments to the company operating the Register\n- ACMA's costs for managing the arrangement\n- Compliance monitoring and enforcement costs\n- Setup costs (spread across multiple years if needed)\n\n**Why it matters:** The gambling industry pays for the system that helps problem gamblers protect themselves, rather than taxpayers footing the bill. It's a \"user pays\" approach where the industry covers the costs of regulatory infrastructure designed to reduce gambling harm."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-self-exclusion-register-cost-recovery-levy-act-2019","history":"/api/acts/national-self-exclusion-register-cost-recovery-levy-act-2019/history","analysis":"/api/acts/national-self-exclusion-register-cost-recovery-levy-act-2019/analysis","conflicts":"/api/acts/national-self-exclusion-register-cost-recovery-levy-act-2019/conflicts","importantCases":"/api/acts/national-self-exclusion-register-cost-recovery-levy-act-2019/important-cases","documents":"/api/acts/national-self-exclusion-register-cost-recovery-levy-act-2019/documents"}}