61MCClosure of a licensed interactive wagering service account held by a registered individual—outstanding or pending bets

#### 61MC Closure of a licensed interactive wagering service account held by a registered individual—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 had one or more outstanding or pending bets that are attributable to the provision of one or more licensed interactive wagering services by the provider; and (c) those bets are subsequently resolved (whether at the same time or at different times); then: (d) if, at the time, or the latest time, when those bets were resolved, 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 time, or the latest time, when those bets were resolved: (i) close the account; and (ii) if the account has a credit balance—pay the individual an amount equal to the credit balance; and (e) if, at the time, or the latest time, when those bets were resolved, 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 time, or the latest time, when those bets were resolved: (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 (f) 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 (g) if the account has been closed—the provider must not reopen, reactivate or reinstate the account. (2) Paragraph (1)(f) 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). Civil penalty provision (5) 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 had one or more outstanding or pending bets that are attributable to the provision of one or more licensed interactive wagering services by the provider; and (c) those bets are subsequently resolved (whether at the same time or at different times); then: (d) if, at the time, or the latest time, when those bets were resolved, 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 time, or the latest time, when those bets were resolved: (i) close the account; and (ii) if the account has a credit balance—pay the individual an amount equal to the credit balance; and (e) if, at the time, or the latest time, when those bets were resolved, 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 time, or the latest time, when those bets were resolved: (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 (f) 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 (g) if the account has been closed—the provider must not reopen, reactivate or reinstate the account. Civil penalty: 180 penalty units. (6) Paragraph (5)(f) 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. (7) Subsection (5) does not apply if the licensed interactive wagering service provider 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 proceedings for a civil penalty order for a contravention of subsection (5), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act). Offence—extended geographical jurisdiction (8) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3). Debt recovery not affected (9) To avoid doubt, the closure of a licensed interactive wagering service account under this section does not prevent the recovery of a debt owed by an individual to a licensed interactive wagering service provider. Acquisition of property (10) The provisions of this section have no effect to the extent (if any) to which their 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).