61EADesignated interactive gambling service advertisements not to be published in Australia

61EA Designated interactive gambling service advertisements not to be published in Australia

(1) A person commits an offence if: (a) the person publishes a designated interactive gambling service advertisement in Australia; and (b) the publication is not permitted by section 61EB; and (d) the publication is not permitted by section 61ED; and (e) the publication is not permitted by section 61EE; and (f) the publication is not permitted by section 61EF.

Penalty: 120 penalty units.

(1A) A person must not publish a designated interactive gambling service advertisement in Australia if: (a) the publication is not permitted by section 61EB; and (b) the publication is not permitted by section 61ED; and (c) the publication is not permitted by section 61EE; and (d) the publication is not permitted by section 61EF.

Civil penalty: 180 penalty units.

(2) A person commits an offence if: (a) the person authorises or causes a designated interactive gambling service advertisement to be published in Australia; and (b) the publication is not permitted by section 61EB; and (d) the publication is not permitted by section 61ED; and (e) the publication is not permitted by section 61EE; and (f) the publication is not permitted by section 61EF.

Penalty: 120 penalty units.

(2A) A person must not authorise or cause a designated interactive gambling service advertisement to be published in Australia if: (a) the publication is not permitted by section 61EB; and (b) the publication is not permitted by section 61ED; and (c) the publication is not permitted by section 61EE; and (d) the publication is not permitted by section 61EF.

Civil penalty: 180 penalty units.

(3) For the purposes of this section, a designated interactive gambling service advertisement that is included on a website is taken to be published in Australia if, and only if: (a) the website is accessed, or is available for access, by end‑users in Australia; and (b) having regard to: (i) the content of the website; and (ii) the way the website is advertised or promoted; it would be concluded that it is likely that a majority of persons who access the website are physically present in Australia.