61MBClosure of a licensed interactive wagering service account held by a registered individual—no outstanding or pending bets

61MB Closure of a licensed interactive wagering service account held by a registered individual—no outstanding or pending bets

Offence (1) If: (a) an individual becomes a registered individual; and (b) immediately before becoming a registered individual: (i) the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and (ii) the individual did not have any outstanding or pending bets that are attributable to the provision of a licensed interactive wagering service by the provider; then: (c) if, immediately before becoming a registered individual, the individual did not owe any debts to the provider that could lawfully be recovered by way of deduction from the account—the provider must, as soon as practicable after the individual becomes a registered individual: (i) close the account; and (ii) if the account has a credit balance—pay the individual an amount equal to the credit balance; and (d) if, immediately before becoming a registered individual, the individual owed one or more debts to the provider that could lawfully be recovered by way of deduction from the account—the provider must, as soon as practicable after the individual becomes a registered individual: (i) close the account; and (ii) if the account would have a credit balance if the total amount of those debts were deducted from the account—pay the individual an amount equal to the difference between the balance of the account and the total amount of those debts; and (e) if the individual ceases to be a registered individual before the closure of the account—the provider must ensure that the account is not used in relation to the provision, or prospective provision, of one or more licensed interactive wagering services to the individual after the cessation; and (f) if the account has been closed—the provider must not reopen, reactivate or reinstate the account. (2) Paragraph (1)(e) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual. (3) A person commits an offence if: (a) the person is subject to a requirement under subsection (1); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement.

Penalty: 120 penalty units.

(4) Subsection (3) does not apply if the person took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).

Note 2: In a prosecution for an offence against subsection (3), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).