15DException—provider’s annual wagering turnover less than $30 million

#### 15D Exception—provider’s annual wagering turnover less than $30 million (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.