Part 1
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Commonwealth act
The Interactive Gambling Act 2001 sets Australia’s rules for online wagering: it bars offshore casinos and poker, most in-play and instant-online games, and tightly restricts payment/credit methods, while permitting licensed pre-match sports and racing betting, certain phone services and state lotteries. It exposes operators and advertisers to heavy civil and criminal penalties and empowers ACMA and ISPs to enforce bans — impacting gamblers, gambling businesses, payment channels and internet providers.
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Direct links to the current provisions in Interactive Gambling Act 2001.
This Act may be cited as the Interactive Gambling Act 2001.
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Parts 2 and 7A commence on the 28th day after the day on which this Act receives the Royal Assent. (2A) Part 2A commences on the 28th day after the day on which this Act receives the Royal Assent. (3) The following provisions of this Act commence on a day to be fixed by Proclamation: (a) Part 3; (b) section 42; (c) section 43; (d) section 48; (e) section 49; (f) Part 5. (4) If the provisions referred to in subsection (3) do not commence under that subsection within the period of 6 months after the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period.
• This Act imposes the following prohibitions:
(a) a prohibited interactive gambling service must not be provided to customers in Australia;
(b) unlicensed regulated interactive gambling services must not be provided to customers in Australia;
(c) an Australian‑based prohibited interactive gambling service must not be provided to customers in designated countries;
(ca) credit must not be provided to customers of certain interactive wagering services;
(cb) certain interactive wagering services must not accept or offer to accept payment using specified methods, including credit cards and digital currency;
(d) prohibited interactive gambling services must not be advertised;
(e) unlicensed regulated interactive gambling services must not be advertised;
(f) licensed interactive wagering services must not be provided to an individual who is registered in the National Self‑exclusion Register.
• The ACMA may, on its own initiative, or in response to a complaint, investigate whether a person has contravened a provision of this Act that imposes any of those prohibitions.
• A body or association that represents internet service providers may develop an industry code.
• The ACMA has a reserve power to make an industry standard if there is no industry code or if an industry code is deficient.
• The ACMA must notify prohibited internet gambling content to internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard.
Note: Licensed interactive wagering service and National Self‑exclusion Register are defined in section 61GB.
In this Act, unless the contrary intention appears:
access has the same meaning as in the Online Safety Act 2021.
ACMA means the Australian Communications and Media Authority.
ACMA official has the same meaning as in the Australian Communications and Media Authority Act 2005.
Australia, when used in a geographical sense, includes the external Territories.
Australian‑customer link has the meaning given by section 8.
Australian police force means:
(a) the Australian Federal Police; or
(b) the police force of a State or Territory.
bet includes wager.
broadcasting service means a broadcasting service (as defined by the Broadcasting Services Act 1992) provided in Australia.
business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis. To avoid doubt, the fact that a club or association provides services to its members does not prevent those services from being services provided in the course of carrying on a business.
carriage service has the same meaning as in the Telecommunications Act 1997.
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
civil proceeding includes a civil action.
content service means a content service (as defined by the Telecommunications Act 1997) provided using a listed carriage service.
credit has the meaning given by section 11A.
datacasting licence has the same meaning as in the Broadcasting Services Act 1992.
datacasting service means a datacasting service (within the meaning of the Broadcasting Services Act 1992) that is provided in Australia under a datacasting licence.
designated broadcasting link has the meaning given by section 8C.
designated country has the meaning given by section 9A.
designated country‑customer link has the meaning given by section 9B.
designated datacasting link has the meaning given by section 8C.
designated interactive gambling service means:
(a) a prohibited interactive gambling service; or
(b) an unlicensed regulated interactive gambling service.
designated internet gambling matter has the meaning given by section 35.
designated notification scheme means a scheme:
(a) in the nature of a scheme for substituted service; and
(b) under which the ACMA is taken, for the purposes of this Act, to have notified each internet service provider of a matter or thing.
Note: For example, the ACMA may make matters or things available on the internet (with or without security measures).
digital currency has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
electronic equipment includes:
(a) an electronic apparatus; and
(b) an electronic device.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
excluded gaming service has the meaning given by section 8B.
excluded lottery service has the meaning given by section 8D.
excluded wagering service has the meaning given by section 8A.
exempt service has the meaning given by section 10.
Federal Court means the Federal Court of Australia.
gambling service means:
(a) a service for the placing, making, receiving or acceptance of bets; or
(b) a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; or
(c) a service for the conduct of a lottery; or
(d) a service for the supply of lottery tickets; or
(e) a service for the conduct of a game, where:
(i) the game is played for money or anything else of value; and
(ii) the game is a game of chance or of mixed chance and skill; and
(iii) a customer of the service gives or agrees to give consideration to play or enter the game; or
(f) a gambling service (within the ordinary meaning of that expression) that is not covered by any of the above paragraphs.
game includes an electronic game.
illegal interactive gambling service means a prohibited interactive gambling service that is provided in contravention of subsection 15(2A).
industry code has the meaning given by section 33.
industry standard has the meaning given by section 34.
in‑play betting service has the meaning given by section 10B.
internet carriage service means a listed carriage service that enables end‑users to access the internet.
internet service provider has the same meaning as in the Online Safety Act 2021.
listed carriage service has the same meaning as in the Telecommunications Act 1997.
lottery includes an electronic lottery.
Note: A keno‑type lottery is an example of a lottery.
online provider rule has the meaning given by section 54.
personal information has the same meaning as in the Privacy Act 1988.
place‑based betting service has the meaning given by section 8BA.
prohibited interactive gambling service has the meaning given by section 5.
Note: This definition relates to the offence provisions and civil penalty provisions set out in section 15 and Part 7A.
prohibited internet gambling content has the meaning given by section 8F.
regulated interactive gambling service has the meaning given by section 8E.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group. For this purpose, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.
sporting event has a meaning affected by section 10A.
telephone betting service has the meaning given by section 8AA.
ticket includes an electronic ticket.
trade promotion gambling service has the meaning given by section 8BB.
unlicensed regulated interactive gambling service means a regulated interactive gambling service that is provided in contravention of subsection 15AA(3).
wagering service means a service covered by paragraph (a) or (b) of the definition of gambling service.
wagering service provider means a person who provides a wagering service.
wagering turnover of a person for a financial year means so much of the turnover of the person for the financial year as is attributable to the provision of wagering services.
wholesale gambling service means a gambling service to the extent to which it is provided to a person who:
(a) is the provider of a gambling service; and
(b) holds a licence (however described) under a law of a State or Territory that authorises the provision of the service mentioned in paragraph (a).
(1) For the purposes of this Act, a prohibited interactive gambling service is a gambling service, where: (a) the service is provided in the course of carrying on a business; and (b) the service is provided to customers using any of the following: (i) an internet carriage service; (ii) any other listed carriage service; (iii) a broadcasting service; (iv) any other content service; (v) a datacasting service.
Note: This definition relates to the offence provisions and civil penalty provisions set out in section 15 and Part 7A.
(2) Subsection (1) has effect subject to subsection (3). Excluded services (3) For the purposes of this Act, none of the following services is a prohibited interactive gambling service: (a) a telephone betting service; (aa) an excluded wagering service (see section 8A); (ab) an excluded gaming service (see section 8B); (aba) a place‑based betting service (see section 8BA); (ac) a service that has a designated broadcasting link (see section 8C); (ad) a service that has a designated datacasting link (see section 8C); (ae) an excluded lottery service (see section 8D); (b) a service to the extent to which it relates to the entering into of contracts that are financial products within the meaning of Division 3 of Part 7.1 of the Corporations Act 2001; (ba) a wholesale gambling service; (bb) a trade promotion gambling service (see section 8BB); (c) an exempt service (see section 10).
For the purposes of this Act, a gambling service has an Australian‑customer link if, and only if, any or all of the customers of the service are physically present in Australia.
(1) For the purposes of this Act, a telephone betting service is a gambling service, where: (a) the service is provided on the basis that dealings with customers are wholly by way of voice calls made using a carriage service; and (aa) the service does not relate to betting on the outcome of a lottery; and (ab) the service does not relate to betting on a contingency that may or may not happen in the course of the conduct of a lottery; and (b) the conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(b). (3) For the purposes of this section, voice call means: (a) a voice call (within the ordinary meaning of that expression) the content of which consists wholly of a spoken conversation between individuals; or (b) if a call covered by paragraph (a) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by that paragraph. (4) The following are examples of calls that are not covered by paragraph (3)(a): (a) a call the content of which includes a recorded or synthetic voice; (b) a call the content of which includes one or more tone signals. (5) Paragraph (3)(a) and subsection (4) have effect subject to subsections (6) and (7). (6) For the purposes of this section, in determining whether a call is covered by paragraph (3)(a), disregard any recorded or synthetic voice used for either or both of the following purposes: (a) call waiting; (b) a menu system for transferring callers to an extension. (7) For the purposes of this section, in determining whether a call is covered by paragraph (3)(a), disregard any tone signal used for the sole purpose of a menu system for transferring callers to an extension. (8) Despite subsection (1), if a gambling service is provided on the basis that any or all of the following information can be provided by a customer otherwise than by way of a voice call: (a) a selection of a bet; (b) a selection of a bet type; (c) a nomination of a bet amount; (d) a confirmation of a bet; (e) information of a kind determined under subsection (9); the service is not a telephone betting service for the purposes of this Act. (9) The Minister may, by legislative instrument, determine one or more kinds of information for the purposes of paragraph (8)(e).
Racing (1) For the purposes of this Act, a service is an excluded wagering service to the extent to which the service relates to betting on, or on a series of, any or all of the following: (a) a horse race; (b) a harness race; (c) a greyhound race; so long as the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (1). Sporting events (3) For the purposes of this Act, a service is an excluded wagering service: (a) to the extent to which the service relates to betting on, or on a series of, sporting events; and (b) to the extent to which the service is not an in‑play betting service; so long as the other conditions (if any) determined under subsection (4) have been satisfied. (4) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (3). Other events or contingencies (5) For the purposes of this Act, a service is an excluded wagering service: (a) to the extent to which the service relates to betting on: (i) an event; or (ii) a series of events; or (iii) a contingency; that is not covered by subsection (1) or (3); and (b) to the extent to which the service is not an in‑play betting service; and (c) to the extent to which the service is not covered by any of the following subparagraphs: (i) a service for the conduct of a scratch lottery or other instant lottery; (ii) a service for the supply of tickets in a scratch lottery or other instant lottery; (iii) a service relating to betting on the outcome of a lottery; (iiia) a service relating to betting on a contingency that may or may not happen in the course of the conduct of a lottery; (iv) a service for the conduct of a game covered by paragraph (e) of the definition of gambling service in section 4; (v) a service relating to betting on the outcome of a game of chance or of mixed chance and skill; so long as the other conditions (if any) determined under subsection (6) have been satisfied. (6) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (5). (7) For the purposes of paragraph (5)(a): (a) assume that no conditions have been determined under subsection (2) or (4); and (b) disregard paragraph (3)(b).
(1) For the purposes of this Act, an excluded gaming service is a service for the conduct of a game covered by paragraph (e) of the definition of gambling service in section 4: (a) to the extent to which the service is provided to customers who are at a particular place; and (b) to the extent to which the service is provided on the basis that: (i) dealings with customers involve the use of electronic equipment made available to customers at that place; and (ii) the electronic equipment is available for use by any customer who is at that place; so long as: (c) the provider of the service holds a licence (however described) under a law of a State or Territory that authorises the provision of the service at that place; and (d) the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(d).
(1) For the purposes of this Act, a place‑based betting service is a service covered by paragraph (a) or (b) of the definition of gambling service in section 4: (a) to the extent to which the service is provided to customers who are at a particular place; and (b) to the extent to which the service is provided on the basis that: (i) dealings with customers involve the use of electronic equipment made available to customers at that place; and (ii) the electronic equipment is available for use by any customer who is at that place; and (iii) the electronic equipment is not available for use by customers in connection with another gambling service unless the other gambling service is provided by the provider of the first‑mentioned service; so long as: (c) the provider of the service holds a licence (however described) under a law of a State or Territory that authorises the provision of the service at that place; and (d) the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(d).
(1) For the purposes of this Act, a trade promotion gambling service is: (a) a service for the conduct of a lottery, where the lottery is conducted in connection with a competition for the promotion of trade; or (b) a service for the conduct of a game of chance or of mixed chance and skill, where the game is conducted in connection with a competition for the promotion of trade; so long as the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (1). (3) For the purposes of this section, trade does not include the provision of a gambling service.
Designated broadcasting link (1) For the purposes of this Act, a gambling service has a designated broadcasting link if: (a) either: (i) the service is expressly and exclusively associated with a particular program, or a particular series of programs, broadcast on a broadcasting service; or (ii) the sole purpose of the gambling service is to promote goods or services (other than gambling services) that are the subject of advertisements broadcast on a broadcasting service, and the gambling service is associated with those advertisements; and (b) such other conditions (if any) as are specified in the regulations have been satisfied. Designated datacasting link (2) For the purposes of this Act, a gambling service has a designated datacasting link if: (a) either: (i) the service is expressly and exclusively associated with particular content, or a particular series of content, transmitted on a datacasting service; or (ii) the sole purpose of the gambling service is to promote goods or services (other than gambling services) that are the subject of advertisements transmitted on a datacasting service, and the gambling service is associated with those advertisements; and (b) such other conditions (if any) as are specified in the regulations have been satisfied. (3) In this section:
content, in relation to a datacasting service, does not include advertising or sponsorship material.
program has the same meaning as in the Broadcasting Services Act 1992, but does not include advertising or sponsorship material.
(1) For the purposes of this Act, an excluded lottery service is: (a) a service for the conduct of a lottery; or (b) a service for the supply of lottery tickets. (1A) Subsection (1) does not apply to a service unless such other conditions (if any) as are specified in the regulations have been satisfied. (1B) Without limiting subsection (1A), a condition specified in regulations made for the purposes of that subsection may provide that the lottery must not be: (a) a highly repetitive or frequently drawn form of a keno‑type lottery; or (b) a similar lottery. (2) Subsection (1) does not apply to an electronic form of: (a) scratch lottery; or (b) other instant lottery.
(1) For the purposes of this Act, a regulated interactive gambling service is: (a) a telephone betting service (see section 8AA); or (b) an excluded wagering service (see section 8A); or (c) an excluded gaming service (see section 8B); or (d) a place‑based betting service (see section 8BA); or (e) a service that has a designated broadcasting link (see section 8C); or (f) a service that has a designated datacasting link (see section 8C); or (g) an excluded lottery service (see section 8D); or (h) an exempt service (see section 10); where: (i) the service is provided in the course of carrying on a business; and (j) the service is provided to customers using any of the following: (i) an internet carriage service; (ii) any other listed carriage service; (iii) a broadcasting service; (iv) any other content service; (v) a datacasting service; and (k) in the case of an exempt service—a determination under subsection (2) is in force in relation to the service. (2) The Minister may, by legislative instrument, determine that each exempt service included in a specified class of exempt services is covered by paragraph (1)(k). (3) Subsection (1) has effect subject to subsection (4). (4) For the purposes of this Act, neither of the following services is a regulated interactive gambling service: (a) a wholesale gambling service; (b) a trade promotion gambling service (see section 8BB).
For the purposes of this Act, if: (a) an ordinary reasonable person would conclude that the sole or primary purpose of particular internet content is to enable a person to enter into dealings in the capacity of customer of either or both of the following: (i) one or more illegal interactive gambling services; (ii) one or more unlicensed regulated interactive gambling services; and (b) end‑users in Australia can access the internet content; the internet content is prohibited internet gambling content.
(1) The Minister may, by legislative instrument, declare that a specified foreign country is a designated country for the purposes of this Act. (2) A declaration under subsection (1) has effect accordingly. (3) The Minister must not declare a foreign country under subsection (1) unless: (a) the government of the country has requested the Minister to make the declaration; and (b) there is in force in that country legislation that corresponds to: (i) section 15; or (ii) section 15 (other than the offence provision in that section); or (iii) section 15 (other than the civil penalty provision in that section). (4) At least 90 days before making a declaration under subsection (1), the Minister must cause to be published a notice: (a) in the Gazette; and (b) in a newspaper circulating in each State, in the Northern Territory and in the Australian Capital Territory; setting out the Minister’s intention to make the declaration. (5) In deciding whether to declare a foreign country under subsection (1), the Minister must have due regard to: (a) any complaints; and (b) any supporting statements; made by the government of that country.
For the purposes of this Act, a gambling service has a designated country‑customer link if, and only if, any or all of the customers of the service are physically present in a designated country.
(1) The Minister may, by legislative instrument, determine that each gambling service included in a specified class of gambling services is an exempt service for the purposes of this Act. (2) A determination under subsection (1) has effect accordingly.
(1) The Minister may, by legislative instrument, determine that a specified thing is taken to be a sporting event for the purposes of this Act. (2) The Minister may, by legislative instrument, determine that: (a) a specified thing is taken to be a sporting event for the purposes of this Act; and (b) the outcome of the specified thing is taken not to be a contingency for the purposes of paragraph 10B(b). (3) The Minister may, by legislative instrument, determine that a specified thing is taken not to be a sporting event for the purposes of this Act. (4) The following are examples of things that may be specified in a determination under subsection (1), (2) or (3): (a) a match; (b) a series of matches; (c) a race; (d) a series of races; (e) a stage; (f) a time trial; (g) a qualification session; (h) a tournament; (i) a round. (5) For the purposes of this section, thing includes a series of things.
For the purposes of this Act, a gambling service is an in‑play betting service to the extent to which: (a) the service relates to betting on the outcome of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event; or (b) the service relates to betting on a contingency that may or may not happen in the course of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event.
Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either: (a) in isolation; or (b) in conjunction with one or more other things.
For the purposes of this Act (other than Part 7B), credit is provided by a person (the creditor) to another person (the debtor) if: (a) payment of a debt owed by the debtor to the creditor is deferred; or (b) the debtor incurs a deferred debt to the creditor.
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to every external Territory.
Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia.
(1) A person commits an offence if: (a) the person intentionally provides a prohibited interactive gambling service; and (b) the service has an Australian‑customer link (see section 8).
Penalty: 5,000 penalty units.
(2) A person who contravenes subsection (1) commits 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. (2A) A person must not provide a prohibited interactive gambling service that has an Australian‑customer link (see section 8).
Civil penalty: 7,500 penalty units.
(2B) A person who contravenes subsection (2A) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day). (3) Subsections (1) and (2A) do 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: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(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).
(1) A person commits an offence if: (a) the person intentionally provides a particular kind of regulated interactive gambling service; and (b) the service has an Australian‑customer link (see section 8); and (c) the person does not hold a licence (however described) under a law of a State or Territory that authorises the provision of that kind of service in the State or Territory.
Penalty: 5,000 penalty units.
(2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues. (3) A person must not provide a particular kind of regulated interactive gambling service if: (a) the service has an Australian‑customer link (see section 8); and (b) the person does not hold a licence (however described) under a law of a State or Territory that authorises the provision of that kind of service in the State or Territory.
Civil penalty: 7,500 penalty units.
(4) A person who contravenes subsection (3) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day). (5) Subsections (1) and (3) do 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: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(6) For the purposes of subsection (5), 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. (7) If a person holds a licence (however described) under a law of a State or Territory that authorises the provision of a particular kind of regulated interactive gambling service in the State or Territory, the person does not contravene subsection (1) or (3) by providing that kind of service: (a) in the State or Territory; or (b) outside the State or Territory. (8) Subsection (7) is enacted for the avoidance of doubt. (9) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1).
(1) A person commits an offence if: (a) the person intentionally provides an Australian‑based prohibited interactive gambling service; and (b) the service has a designated country‑customer link (see section 9B).
Penalty: 5,000 penalty units.
(2) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues. (2A) A person must not provide an Australian‑based prohibited interactive gambling service that has a designated country‑customer link (see section 9B).
Civil penalty: 7,500 penalty units.
(2B) A person who contravenes subsection (2A) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day). (3) Subsections (1) and (2A) do not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the service had a designated country‑customer link.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(4) For the purposes of subsection (3), in determining whether the person could, with reasonable diligence, have ascertained that the service had a designated country‑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 a designated country; (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 a designated country; (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 a designated country; (d) whether the person has network data that indicates that customers were physically present outside a designated country: (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). (6) For the purposes of this section, an Australian‑based prohibited interactive gambling service is a prohibited interactive gambling service, where the service has an Australian‑provider link. (7) For the purposes of this section, a prohibited interactive gambling service has an Australian‑provider link if, and only if: (a) the service is provided in the course of carrying on a business in Australia; or (b) the central management and control of the service is in Australia; or (c) the service is provided through an agent in Australia; or (d) the service is provided to customers using an internet carriage service, and any or all of the relevant internet content is hosted in Australia. (8) For the purposes of this section, the relevant internet content, in relation to a prohibited interactive gambling service, is internet content that is accessed, or available for access, by an end‑user in the capacity of customer of the service.
Credit must not be provided to customers of certain interactive wagering services.
Such services must also not accept or offer to accept payment using specified methods, including credit cards and digital currency.
Offences (1) A person commits an offence if: (a) the person intentionally provides a regulated interactive gambling service that is a wagering service; and (b) either: (i) the person provides, or offers to provide, credit in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia; or (ii) the person facilitates or promotes the provision of credit, by a third person, in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia.
Penalty: 500 penalty units.
(1A) A person commits an offence if the person: (a) intentionally provides a regulated interactive gambling service that is a wagering service; and (b) accepts, or offers to accept, payment in connection with the service using a method mentioned in subsection (4A) from a customer, or prospective customer, of the service who is physically present in Australia.
Penalty: 500 penalty units.
(2) A person who contravenes subsection (1) or (1A) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues. Civil penalty provisions (3) A person who provides a regulated interactive gambling service that is a wagering service must not: (a) provide, or offer to provide, credit in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia; or (b) facilitate or promote the provision of credit, by a third person, in connection with the service to a customer, or prospective customer, of the service who is physically present in Australia.
Civil penalty: 750 penalty units.
(3A) A person contravenes this subsection if the person: (a) provides a regulated interactive gambling service that is a wagering service; and (b) accepts, or offers to accept, payment in connection with the service using a method mentioned in subsection (4A) from a customer, or prospective customer, of the service who is physically present in Australia.
Civil penalty: 750 penalty units.
(4) A person who contravenes subsection (3) or (3A) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day). Methods of payment (4A) For the purposes of paragraphs (1A)(b) and (3A)(b), the methods of payment are as follows: (a) a credit card; (b) an account, service or facility in which payment is made from a credit card linked to the account, service or facility; (c) digital currency; (d) a method of a kind determined by the Minister by legislative instrument for the purposes of this paragraph. Exceptions (5) Subsections (1), (1A), (3) and (3A) do not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the customer, or prospective customer, as the case may be, was physically present in Australia.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(5A) Subsections (1A) and (3A) do not apply if the person: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that the person was accepting, or offering to accept, payment using a method mentioned in subsection (4A).
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(6) For the purposes of subsection (5), in determining whether the person could, with reasonable diligence, have ascertained that the customer, or prospective customer, as the case may be, was physically present in Australia, the following matters are to be taken into account: (a) whether the customer, or prospective customer, as the case may be, was informed that Australian law prohibits the provision of credit to, or payment by the methods mentioned in subsection (4A) from, customers, or prospective customers, who are physically present in Australia; (b) 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; (c) 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; (d) any other relevant matters. Extended geographical jurisdiction of offences (8) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (1A).
(1) Subsections 15C(1) and (3) do not apply to conduct engaged in by a person at a particular time (the relevant time) in a financial year (the current financial year) in relation to a regulated interactive gambling service if: (a) the service is a telephone betting service; and (b) both: (i) the conduct involves providing, or offering to provide, credit in connection with the service to a customer, or prospective customer, of the service; and (ii) dealings with the customer, or prospective customer, as the case may be, in relation to providing, or offering to provide that credit are wholly by way of one or more voice calls; and (c) in a case where: (i) the person is not a member of a related company group at the relevant time; and (ii) the person was a wagering service provider throughout the last financial year that ended before the relevant time; the wagering turnover of the person for that financial year was less than $30 million; and (d) in a case where: (i) the person is not a member of a related company group at the relevant time; and (ii) the person was not a wagering service provider throughout the last financial year that ended before the relevant time; it is reasonably likely that the wagering turnover of the person for the current financial year will be less than $30 million; and (e) in a case where: (i) the person is a member of a related company group at the relevant time; and (ii) the person was a wagering service provider throughout the last financial year that ended before the relevant time; the total wagering turnover of the members of the group for that financial year was less than $30 million; and (f) in a case where: (i) the person is a member of a related company group at the relevant time; and (ii) the person was not a wagering service provider throughout the last financial year that ended before the relevant time; it is reasonably likely that the total wagering turnover of the members of the group for the current financial year will be less than $30 million; and (g) in a case where, during the whole or a part of the last financial year that ended before the relevant time, the person had one or more employees whose duties involved the provision of wagering services—during the whole or a part of that financial year, at least one of those employees performed those duties at a racecourse in Australia; and (h) in a case where: (i) the person is an individual; and (ii) the person did not, at any time during the last financial year that ended before the relevant time, have any employees whose duties involved the provision of wagering services; during the whole or a part of that financial year, the person provided wagering services at a racecourse in Australia; and (i) the other conditions (if any) determined under subsection (2) have been satisfied.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(i). (3) For the purposes of this section, voice call means a voice call (within the meaning of section 8AA) that is made using a carriage service.
(1) Subsections 15C(1), (1A), (3) and (3A) do not apply if: (a) the customer, or prospective customer, of the regulated interactive gambling service is the provider of a gambling service; and (b) the other conditions (if any) determined under subsection (2) have been satisfied.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(b).
Section 15C has no effect to the extent (if any) to which its operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Interactive Gambling Act 2001.
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Parts 2 and 7A commence on the 28th day after the day on which this Act receives the Royal Assent. (2A) Part 2A commences on the 28th day after the day on which this Act receives the Royal Assent. (3) The following provisions of this Act commence on a day to be fixed by Proclamation: (a) Part 3; (b) section 42; (c) section 43; (d) section 48; (e) section 49; (f) Part 5. (4) If the provisions referred to in subsection (3) do not commence under that subsection within the period of 6 months after the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period.
• This Act imposes the following prohibitions:
(a) a prohibited interactive gambling service must not be provided to customers in Australia;
(b) unlicensed regulated interactive gambling services must not be provided to customers in Australia;
(c) an Australian‑based prohibited interactive gambling service must not be provided to customers in designated countries;
(ca) credit must not be provided to customers of certain interactive wagering services;
(cb) certain interactive wagering services must not accept or offer to accept payment using specified methods, including credit cards and digital currency;
(d) prohibited interactive gambling services must not be advertised;
(e) unlicensed regulated interactive gambling services must not be advertised;
(f) licensed interactive wagering services must not be provided to an individual who is registered in the National Self‑exclusion Register.
• The ACMA may, on its own initiative, or in response to a complaint, investigate whether a person has contravened a provision of this Act that imposes any of those prohibitions.
• A body or association that represents internet service providers may develop an industry code.
• The ACMA has a reserve power to make an industry standard if there is no industry code or if an industry code is deficient.
• The ACMA must notify prohibited internet gambling content to internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard.
Note: Licensed interactive wagering service and National Self‑exclusion Register are defined in section 61GB.
In this Act, unless the contrary intention appears:
access has the same meaning as in the Online Safety Act 2021.
ACMA means the Australian Communications and Media Authority.
ACMA official has the same meaning as in the Australian Communications and Media Authority Act 2005.
Australia, when used in a geographical sense, includes the external Territories.
Australian‑customer link has the meaning given by section 8.
Australian police force means:
(a) the Australian Federal Police; or
(b) the police force of a State or Territory.
bet includes wager.
broadcasting service means a broadcasting service (as defined by the Broadcasting Services Act 1992) provided in Australia.
business includes a venture or concern in trade or commerce, whether or not conducted on a regular, repetitive or continuous basis. To avoid doubt, the fact that a club or association provides services to its members does not prevent those services from being services provided in the course of carrying on a business.
carriage service has the same meaning as in the Telecommunications Act 1997.
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
civil proceeding includes a civil action.
content service means a content service (as defined by the Telecommunications Act 1997) provided using a listed carriage service.
credit has the meaning given by section 11A.
datacasting licence has the same meaning as in the Broadcasting Services Act 1992.
datacasting service means a datacasting service (within the meaning of the Broadcasting Services Act 1992) that is provided in Australia under a datacasting licence.
designated broadcasting link has the meaning given by section 8C.
designated country has the meaning given by section 9A.
designated country‑customer link has the meaning given by section 9B.
designated datacasting link has the meaning given by section 8C.
designated interactive gambling service means:
(a) a prohibited interactive gambling service; or
(b) an unlicensed regulated interactive gambling service.
designated internet gambling matter has the meaning given by section 35.
designated notification scheme means a scheme:
(a) in the nature of a scheme for substituted service; and
(b) under which the ACMA is taken, for the purposes of this Act, to have notified each internet service provider of a matter or thing.
Note: For example, the ACMA may make matters or things available on the internet (with or without security measures).
digital currency has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
electronic equipment includes:
(a) an electronic apparatus; and
(b) an electronic device.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
excluded gaming service has the meaning given by section 8B.
excluded lottery service has the meaning given by section 8D.
excluded wagering service has the meaning given by section 8A.
exempt service has the meaning given by section 10.
Federal Court means the Federal Court of Australia.
gambling service means:
(a) a service for the placing, making, receiving or acceptance of bets; or
(b) a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; or
(c) a service for the conduct of a lottery; or
(d) a service for the supply of lottery tickets; or
(e) a service for the conduct of a game, where:
(i) the game is played for money or anything else of value; and
(ii) the game is a game of chance or of mixed chance and skill; and
(iii) a customer of the service gives or agrees to give consideration to play or enter the game; or
(f) a gambling service (within the ordinary meaning of that expression) that is not covered by any of the above paragraphs.
game includes an electronic game.
illegal interactive gambling service means a prohibited interactive gambling service that is provided in contravention of subsection 15(2A).
industry code has the meaning given by section 33.
industry standard has the meaning given by section 34.
in‑play betting service has the meaning given by section 10B.
internet carriage service means a listed carriage service that enables end‑users to access the internet.
internet service provider has the same meaning as in the Online Safety Act 2021.
listed carriage service has the same meaning as in the Telecommunications Act 1997.
lottery includes an electronic lottery.
Note: A keno‑type lottery is an example of a lottery.
online provider rule has the meaning given by section 54.
personal information has the same meaning as in the Privacy Act 1988.
place‑based betting service has the meaning given by section 8BA.
prohibited interactive gambling service has the meaning given by section 5.
Note: This definition relates to the offence provisions and civil penalty provisions set out in section 15 and Part 7A.
prohibited internet gambling content has the meaning given by section 8F.
regulated interactive gambling service has the meaning given by section 8E.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group. For this purpose, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.
sporting event has a meaning affected by section 10A.
telephone betting service has the meaning given by section 8AA.
ticket includes an electronic ticket.
trade promotion gambling service has the meaning given by section 8BB.
unlicensed regulated interactive gambling service means a regulated interactive gambling service that is provided in contravention of subsection 15AA(3).
wagering service means a service covered by paragraph (a) or (b) of the definition of gambling service.
wagering service provider means a person who provides a wagering service.
wagering turnover of a person for a financial year means so much of the turnover of the person for the financial year as is attributable to the provision of wagering services.
wholesale gambling service means a gambling service to the extent to which it is provided to a person who:
(a) is the provider of a gambling service; and
(b) holds a licence (however described) under a law of a State or Territory that authorises the provision of the service mentioned in paragraph (a).
(1) For the purposes of this Act, a prohibited interactive gambling service is a gambling service, where: (a) the service is provided in the course of carrying on a business; and (b) the service is provided to customers using any of the following: (i) an internet carriage service; (ii) any other listed carriage service; (iii) a broadcasting service; (iv) any other content service; (v) a datacasting service.
Note: This definition relates to the offence provisions and civil penalty provisions set out in section 15 and Part 7A.
(2) Subsection (1) has effect subject to subsection (3). Excluded services (3) For the purposes of this Act, none of the following services is a prohibited interactive gambling service: (a) a telephone betting service; (aa) an excluded wagering service (see section 8A); (ab) an excluded gaming service (see section 8B); (aba) a place‑based betting service (see section 8BA); (ac) a service that has a designated broadcasting link (see section 8C); (ad) a service that has a designated datacasting link (see section 8C); (ae) an excluded lottery service (see section 8D); (b) a service to the extent to which it relates to the entering into of contracts that are financial products within the meaning of Division 3 of Part 7.1 of the Corporations Act 2001; (ba) a wholesale gambling service; (bb) a trade promotion gambling service (see section 8BB); (c) an exempt service (see section 10).
For the purposes of this Act, a gambling service has an Australian‑customer link if, and only if, any or all of the customers of the service are physically present in Australia.
(1) For the purposes of this Act, a telephone betting service is a gambling service, where: (a) the service is provided on the basis that dealings with customers are wholly by way of voice calls made using a carriage service; and (aa) the service does not relate to betting on the outcome of a lottery; and (ab) the service does not relate to betting on a contingency that may or may not happen in the course of the conduct of a lottery; and (b) the conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(b). (3) For the purposes of this section, voice call means: (a) a voice call (within the ordinary meaning of that expression) the content of which consists wholly of a spoken conversation between individuals; or (b) if a call covered by paragraph (a) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by that paragraph. (4) The following are examples of calls that are not covered by paragraph (3)(a): (a) a call the content of which includes a recorded or synthetic voice; (b) a call the content of which includes one or more tone signals. (5) Paragraph (3)(a) and subsection (4) have effect subject to subsections (6) and (7). (6) For the purposes of this section, in determining whether a call is covered by paragraph (3)(a), disregard any recorded or synthetic voice used for either or both of the following purposes: (a) call waiting; (b) a menu system for transferring callers to an extension. (7) For the purposes of this section, in determining whether a call is covered by paragraph (3)(a), disregard any tone signal used for the sole purpose of a menu system for transferring callers to an extension. (8) Despite subsection (1), if a gambling service is provided on the basis that any or all of the following information can be provided by a customer otherwise than by way of a voice call: (a) a selection of a bet; (b) a selection of a bet type; (c) a nomination of a bet amount; (d) a confirmation of a bet; (e) information of a kind determined under subsection (9); the service is not a telephone betting service for the purposes of this Act. (9) The Minister may, by legislative instrument, determine one or more kinds of information for the purposes of paragraph (8)(e).
Racing (1) For the purposes of this Act, a service is an excluded wagering service to the extent to which the service relates to betting on, or on a series of, any or all of the following: (a) a horse race; (b) a harness race; (c) a greyhound race; so long as the other conditions (if any) determined under subsection (2) have been satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (1). Sporting events (3) For the purposes of this Act, a service is an excluded wagering service: (a) to the extent to which the service relates to betting on, or on a series of, sporting events; and (b) to the extent to which the service is not an in‑play betting service; so long as the other conditions (if any) determined under subsection (4) have been satisfied. (4) The Minister may, by legislative instrument, determine one or more conditions for the purposes of subsection (3). Other events or contingencies (5) For the purposes of this Act, a service is an excluded wagering service: (a) to the extent to which the service relates to betting on: (i) an event; or (ii) a series of events; or (iii) a contingency; that is not covered by subsection (1) or (3); and (b) to the extent to which the service is not an in‑play betting service; and (c) to the extent to which the service is not covered by any of the following subparagraphs: (i) a service for the conduct of a scratch lottery or other instant lottery; (ii) a service for the supply of tickets in a scratch lottery or other instant lottery; (iii) a service relating to betting on the outcome of a lottery; (iiia) a service relating to betting on a contingency that may or may not happen in the course of the conduct of a lottery; (iv) a service for the conduct of a game covered by paragraph (e) of the definition of
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