15CProhibitions relating to credit and digital currency for certain interactive wagering services

15C Prohibitions relating to credit and digital currency for certain interactive wagering services

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.