{"id":"F2022L01073","name":"National Self-exclusion Register (Cost Recovery Levy) Determination 2022","slug":"national-self-exclusion-register-cost-recovery-levy-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102568,"registerId":"commonwealth-F2022L01073-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the National Self-exclusion Register (Cost Recovery Levy) Determination 2022.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This instrument commences at the start of the day fixed by Proclamation for the purposes of subsection 61GC(1) of the Interactive Gambling Act 2001.\n Note: The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsections 9(1) and 11(1) of the National Self-exclusion Register (Cost Recovery Levy) Act 2019.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n ACMA means the Australian Communications and Media Authority.\n\n> Act means the National Self‑exclusion Register (Cost Recovery Levy) Act 2019.\n\n> designated levy period 1 means the period beginning at the start of the proclaimed start day and ending at the end of 30 June 2024.\n\n> designated levy period 2 means the financial year beginning on 1 July 2024.\n\n> designated levy period 3 means the financial year beginning on 1 July 2025.\n\n request for access means a request by a licensed interactive wagering service provider to the Register operator under subsection 61NC(1) of the Interactive Gambling Act 2001.\n Note: A number of other expressions used in this instrument are defined in the Act, including the following:\n (a) designated levy period;\n (b) levy;\n (c) levy period;\n (d) licensed interactive wagering service provider;\n (e) proclaimed start day; and\n (f) Register operator.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"References to other instruments","content":"#### 5 References to other instruments\n\n In this instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901 and subsection 589(1) of the Act, and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation. The Federal Register of Legislation may be accessed free of charge at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Method for calculating amount of levy","content":"#### 6 Method for calculating amount of levy\n\n The amount of levy imposed on a person under subsection 9(1) of the Act for a levy period is the amount calculated in accordance with the following method:\n A = (B ÷ C) × D,\n where:\n\n(a) A is the levy payable by a licensed interactive wagering service provider for a levy period;\n\n(b) B is the total number of individuals specified in all requests for access by the licensed interactive wagering service provider during the levy period;\n\n(c) C is the total number of individuals specified in all requests for access by all licensed interactive wagering service providers during the levy period; and\n\n(d) D is the total of the amounts and costs set out in paragraphs 10(1)(a) to (g) of the Act that are recoverable by the ACMA during the levy period.\n\n> Note: Section 10 of the Act sets out the limits on the total amounts of levies imposed on persons for a levy period.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Designated levy periods and applicable percentages","content":"#### 7 Designated levy periods and applicable percentages\n\n For the purpose of subsection 11(1) of the Act:\n (a) each of the levy periods specified in the table below is a designated levy period; and\n\n(b) the applicable percentage for a designated levy period is the percentage specified in the table below:\n\n| Levy period | Designated levy period 1 | Designated levy period 2 | Designated levy period 3 |\n| --------------------- | ------------------------ | ------------------------ | ------------------------ |\n| Applicable percentage | 30 per cent | 35 per cent | 35 per cent |","sortOrder":6},{"sectionNumber":"Endnotes","sectionType":"section","heading":"Endnotes","content":"#### Endnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted | orig = original |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended | par = paragraph(s)/subparagraph(s) |\n| amdt = amendment | /sub‑subparagraph(s) |\n| c = clause(s) | pres = present |\n| C[x] = Compilation No. x | prev = previous |\n| Ch = Chapter(s) | (prev…) = previously |\n| def = definition(s) | Pt = Part(s) |\n| Dict = Dictionary | r = regulation(s)/rule(s) |\n| disallowed = disallowed by Parliament | reloc = relocated |\n| Div = Division(s) | renum = renumbered |\n| exp = expires/expired or ceases/ceased to have | rep = repealed |\n| effect | rs = repealed and substituted |\n| F = Federal Register of Legislation | s = section(s)/subsection(s) |\n| gaz = gazette | Sch = Schedule(s) |\n| LA = Legislation Act 2003 | Sdiv = Subdivision(s) |\n| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment | SR = Statutory Rules |\n| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |\n| mod = modified/modification | SubPt = Subpart(s) |\n| No. = Number(s) | underlining = whole or part not |\n| o = order(s) | commenced or to be commenced |\n| Ord = Ordinance | |\n\nEndnote 3—Legislation history\n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------ | ------------------------------- | -------------- | ----------------------------------------------- |\n| National Self-exclusion Register (Cost Recovery Levy) Determination 2022 | 17 August 2022(see F2022L01073) | 21 August 2023 | |\n| National Self-exclusion Register (Cost Recovery Levy) Determination Variation 2023 (No. 1) | 10 August 2023(see F2023L01074) | 11 August 2023 | |\n| | | | |\n| | | | |\n\n> Note: Endnote 4—Amendment history\n\n```html\n

Provision affected

How affected

s.4.....................

am. F2023L01074

s.7.....................

am. F2023L01074

\n```","sortOrder":7}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination does not expand or narrow the class of persons liable under the Act; it operationalises the Act by prescribing how levies are calculated (s.6), the designated levy periods and applicable percentages (s.7), and the commencement mechanism (s.2). Endnotes record subsequent amendments to definitions and percentages (Endnote 3; Endnote 4), but those amendments adjust parameters rather than change who is subject to the levy."},"complexity_factors":["Proportional levy formula requires accurate industry-wide and per-provider counts (A = (B ÷ C) × D), so levy calculation depends on reliable data aggregation across providers (s.6).","Key terms and scope (for example, 'designated levy period', 'levy', 'licensed interactive wagering service provider', 'request for access', 'Register operator') are defined in both this Determination and the Act, requiring cross-referencing (s.4; Act).","The recoverable cost base (D) ties to multiple cost items in section 10(1)(a)–(g) of the Act, so the levy depends on ACMA’s determination of which costs are recoverable and their amounts (s.6 note; Act s.10).","Multiple, non-standard levy periods including a truncated initial period, plus changing applicable percentages across periods (30% then 35%), create transitional accounting and forecasting requirements for providers (s.7).","Commencement is linked to a proclamation under the Interactive Gambling Act (subsection 61GC(1)), introducing timing uncertainty about when the first (short) levy period starts (s.2).","Compliance burden on providers to track and report 'requests for access' and reconcile their counts with industry totals creates administrative work and potential for disputes about counting methodology and timing (s.4; s.6).","The Determination implements cost recovery under ACMA’s authority (made under the Act ss.9(1) and 11(1)), so ACMA’s cost and recovery decisions affect levy size and predictability (s.3; s.6 note).","Instrument brevity masks dependency on amendments and external instruments: the endnotes record later amendments to definitions and percentages, so stakeholders must monitor legislative history for changes (Endnote 3; Endnote 4)."],"plain_english_summary":"This Determination sets the formula and timing for levies on licensed interactive wagering service providers so ACMA can recover the costs of running the National Self‑exclusion Register. Each provider pays a share of recoverable costs proportional to the number of individuals it requests access for, using the formula `A = (B ÷ C) × D` (s.6).\n\nIt specifies three levy periods and the applicable percentages for each period (s.7), creating a predictable payment and reporting obligation for providers."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: setting the methodology for calculating and collecting levies to fund the National Self-exclusion Register. It has not expanded beyond cost recovery mechanics."},"complexity_factors":["Short instrument with only 7 substantive sections","Simple mathematical formula in section 6 with 4 defined variables","Minimal cross-referencing — primarily references parent Act and Interactive Gambling Act 2001","Straightforward table-based percentage structure in section 7","Only 6 defined terms in the instrument itself (plus 6 incorporated from parent Act)","No nested exceptions or conditional logic beyond the basic formula","Single purpose instrument with narrow scope (cost recovery only)"],"plain_english_summary":"Licensed online wagering providers must pay a levy to fund a National Self‑exclusion Register that lets people bar themselves from all online gambling. Each company’s share is proportional to how often it checks the Register (A = (B ÷ C) × D), so heavier users pay more. Cost recovery is phased (30% then 35% then 35%), ensuring the industry — not taxpayers — funds this harm‑minimisation tool."}},"importantCases":[],"_links":{"self":"/api/acts/national-self-exclusion-register-cost-recovery-levy-determination-2022","history":"/api/acts/national-self-exclusion-register-cost-recovery-levy-determination-2022/history","analysis":"/api/acts/national-self-exclusion-register-cost-recovery-levy-determination-2022/analysis","conflicts":"/api/acts/national-self-exclusion-register-cost-recovery-levy-determination-2022/conflicts","importantCases":"/api/acts/national-self-exclusion-register-cost-recovery-levy-determination-2022/important-cases","documents":"/api/acts/national-self-exclusion-register-cost-recovery-levy-determination-2022/documents"}}