Australian Capital Territory
Interactive Gambling Regulation 1998
SL1998-31
made under the
Interactive Gambling Act 1998
Republication No 6
Effective: 5 June 2012
Republication date: 5 June 2012
Last amendment made by A2012-21
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Interactive Gambling Regulation 1998, made under the Interactive
Gambling Act 1998 (including any amendment made under the Legislation Act 2001, part 11.3
(Editorial changes)) as in force on 5 June 2012. It also includes any commencement,
amendment, repeal or expiry affecting this republished law to 5 June 2012.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Interactive Gambling Regulation 1998
made under the
Interactive Gambling Act 1998
Contents
Page
1 Name of regulation 2
2 Dictionary 2
3 Notes 2
4 Regulated interactive gambling equipment 2
5 Evidence for registration 3
7 Evidence of identity 4
8 Gambling licences—prescribed particulars 4
9 Applications for key person licences—prescribed documents 4
10 Requirements relating to identity 5
11 Eligibility to be an agent—criteria 5
12 Interactive gambling tax 5
12A Tax credit in relation to GST 6
13 Payment of interactive gambling tax 7
Contents
Page
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14 Information for calculating interactive gambling tax 7
15 Calculation of interactive gambling tax—other information 7
16 Agent’s operation—appropriate places 8
17 Prescribed period—s 100 (1) 8
18 Unclaimed money 8
Dictionary 10
Endnotes
1 About the endnotes 12
2 Abbreviation key 12
3 Legislation history 13
4 Amendment history 14
5 Earlier republications 15
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Australian Capital Territory
Interactive Gambling Regulation 1998
made under the
Interactive Gambling Act 1998
Section 1
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1 Name of regulation
This regulation is the Interactive Gambling Regulation 1998.
2 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this regulation is explanatory and is not part of
this regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
4 Regulated interactive gambling equipment
For the Act, dictionary, definition of regulated interactive gambling
equipment, the following are declared to be regulated interactive
gambling equipment:
(a) an accounting and auditing computer system;
(b) an end-user device;
(c) an interactive computer system;
(d) an interactive network controller.
Section 5
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5 Evidence for registration
For the Act, section 18 (2), the following kinds of evidence are
prescribed:
(a) a document, or a certified copy of a document, of the following
kind that shows the person’s identity and age:
(i) a birth certificate;
(ii) a citizenship certificate;
(iii) a passport;
(iv) if evidence of a kind mentioned in subparagraphs (i) to
(iii) is unavailable—a document issued to a person by a
government department, authority or agency of a country
of which the person is a national or resident;
(b) a document, or a certified copy of a document, of the following
kind that shows the person’s home address:
(i) a current Australian driver licence, or external driver
licence, within the meaning of the Road Transport
(Driver Licensing) Act 1999;
(ii) a document that acknowledges enrolment to vote in
government elections;
(iii) a rates assessment notice or account, a telephone account
or an electricity account, if the notice or account is dated
no earlier than 6 months before the date of the application
for registration;
(iv) a current lease agreement that is dated no earlier than
12 months before the date of the application for
registration;
(v) a current appliance rental agreement that is dated no
earlier than 6 months before the date of the application for
registration;
Section 7
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(vi) if evidence of a kind mentioned in subparagraphs (i) to
(v) is unavailable—a document issued by a government
department, authority or agency, a financial institution or
credit card agency or a document relating to the supply of
services by a public utility, if the document is dated no
earlier than 6 months before the date of the application for
registration.
7 Evidence of identity
For the Act, section 27 (4), a document, or a certified copy of a
document, of the following kind is satisfactory evidence of an
applicant’s identity:
(a) the applicant’s birth certificate;
(b) a citizenship certificate issued to the applicant;
(c) a passport issued to the applicant;
(d) if evidence of a kind mentioned in paragraphs (a) to (c) is
unavailable—a document issued by a government department,
authority or agency of a country of which the applicant is a
national or resident, if the document shows the applicant’s
name.
8 Gambling licences—prescribed particulars
For the Act, section 35 (e), the licensed provider’s trading name (if
any) is prescribed.
9 Applications for key person licences—prescribed
documents
For the Act, section 50 (2) (d), a document, or a certified copy of a
document, of the following kind is prescribed:
(a) the applicant’s birth certificate;
(b) a citizenship certificate issued to the applicant;
Section 10
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(c) a passport issued to the applicant;
(d) if evidence of a kind mentioned in paragraphs (a) to (c) is
unavailable—a document issued by a government department,
authority or agency of a country of which the applicant is a
national or resident, if the document shows the applicant’s
name.
10 Requirements relating to identity
For the Act, section 51 (4), provision of a document mentioned in
section 9 is satisfactory evidence of an applicant’s identity.
11 Eligibility to be an agent—criteria
For the Act, section 70 (1) (a) (ii), the prescribed criterion is that the
person is—
(a) an agent under a corresponding law; or
(b) eligible to be an agent under a corresponding law; or
(c) a financial institution; or
(d) appointed by a financial institution as its agent to provide
financial services.
12 Interactive gambling tax
(1) For the Act, section 83 (2), the interactive gambling tax payable by
a licensed provider in relation to an authorised game conducted by
the provider during a month is an amount equal to the percentage of
the gross profit of the game for the month.
(2) For subsection (1), the percentage of the gross profit of a game is—
(a) for each month from the beginning of a financial year until and
including the month in that year when the total interactive
gambling profit of the licensed provider for the year first
exceeds $10 million—20%; and
Section 12A
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(b) for each subsequent month of the financial year until and
including the month when the total interactive gambling profit
of the licensed provider for the year first exceeds
$20 million—10%; and
(c) for every other month of the year—5%.
(3) In this section:
total interactive gambling profit, for a licensed provider, means the
sum of the gross profits of all authorised games conducted by the
provider.
12A Tax credit in relation to GST
(1) This section applies if a licensed provider paid to the
Commonwealth an amount in relation to the provider’s liability for a
global GST amount (the GST paid) during a month.
(2) If the GST paid is less than the interactive gambling tax payable for
the month, the amount of interactive gambling tax for which the
licensed provider is liable is reduced by the GST paid.
(3) If the GST paid is equal to or more than interactive gambling tax
payable for the month, the licensed provider is not liable for
interactive gambling tax for the month.
(4) In this section:
global GST amount—see the GST provision.
GST provision means the A New Tax System (Goods and Services
Tax) Act 1999 (Cwlth), section 126-10 (which deals with tax on
gambling revenue).
GST tax period means a tax period mentioned in the GST provision.
Section 13
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13 Payment of interactive gambling tax
For the Act, section 83 (2), interactive gambling tax payable by a
licensed provider in relation to authorised games conducted by the
provider during a month must be paid by the provider within 7 days
after the end of the month.
14 Information for calculating interactive gambling tax
For the Act, section 84 (a), the following information is prescribed:
(a) the gross profit of each game;
(b) the gambling turnover of each game;
(c) the gambling turnover of the game attributable to the total of
the amounts wagered by ACT residents;
(d) the gambling turnover of the game attributable to the total of
the amounts wagered by residents of participating jurisdictions;
(e) the gambling turnover of the game attributable to the total of
the amounts wagered by residents of non-participating
jurisdictions.
15 Calculation of interactive gambling tax—other
information
(1) For the Act, section 84 (b), the following information is prescribed:
(a) the number of players registered during the relevant month;
(b) the number of players deregistered during the relevant month;
(c) the number of players whom the licensed provider has banned
from playing during the relevant month;
(d) the number of player bans the licensed provider has rescinded
during the relevant month;
Section 16
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(e) the number of limits on the amount a player may wager set
under the Act, section 101 (1), or changed under the Act,
section 101 (4), during the relevant month;
(f) the amount of each limit set or changed during the relevant
month;
(g) the number of limits on the amount a player may wager
revoked during the relevant month;
(h) the amount of each limit revoked during the relevant month.
(2) The information prescribed under subsection (1) must be specified
in relation to players resident in the ACT and in each participating
and non-participating jurisdiction.
(3) In this section:
relevant month means the month in relation to which the return
under the Act, section 84 is given to the commissioner.
16 Agent’s operation—appropriate places
For the Act, section 91 (a), the premises where the agent trades are
prescribed.
17 Prescribed period—s 100 (1)
For the Act, section 100 (1), the prescribed period of time is 1 year.
18 Unclaimed money
(1) For the Act, section 100 (1), if a player cannot be found, a licensed
provider must remit the balance remaining in the player’s account
into a trust bank account.
(2) For the Act, section 120 (2) (c) (iii), if there is no current player’s
account and the licensed provider is unaware of the whereabouts of
a former player, the licensed provider must pay the remainder of the
proceeds into a trust bank account.
Section 18
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(3) Any amount paid into a trust bank account under subsection (1) or
(2) must, at the end of 1 year after the day when the amount was so
paid, be dealt with by the provider as the commission, in writing,
directs.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
ACT
Commonwealth
document
financial year
GST
home address
lawyer
month.
Note 3 Terms used in this regulation have the same meaning that they have in
the Interactive Gambling Act 1998 (see Legislation Act, s 148.) For
example, the following terms are defined in the Interactive Gambling
Act 1998, dict:
agent (see s 6)
authorised game (see s 10)
licensed provider
player.
accounting and auditing computer system means a computer
system used by a licensed provider to record or check 1 or more of
the following in an authorised game:
(a) the wagers made by players;
(b) other amounts received from players;
(c) the amount paid to players;
(d) the authentication of players;
(e) game play information;
(f) the prizes (monetary and non-monetary) to be won.
Dictionary
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certified copy, in relation to a document, means a copy of the
document certified by a lawyer, a justice of the peace or a notary
public for the ACT or elsewhere, as a true copy.
citizenship certificate, for a person, means a certificate, declaration,
notice or other instrument of the person’s nationality under the
Australian Citizenship Act 2007 (Cwlth) or the Australian
Citizenship Act 1948 (Cwlth) (repealed).
end-user device means computer software or hardware necessary
to—
(a) enable a player to make a wager in an authorised game; or
(b) inform the player of the result of an authorised game.
gross profit, in relation to an authorised game, means the difference
between the gambling turnover and the value of the total amount of
prizes won in the game.
interactive computer system means a computer system used for the
conduct of interactive games by a licensed provider.
interactive network controller means a device electronically linking
an interactive computer system to an end-user device.
non-participating jurisdiction means—
(a) a State or another Territory that is not declared to be a
participating jurisdiction; and
(b) a country other than Australia.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This regulation was originally the Interactive Gambling Regulations. It was
renamed by the Interactive Gambling Regulations Amendment 2000 No 27 (see
s 3) and under the Legislation Act 2001.
Interactive Gambling Regulation 1998 SL1998-31
notified 30 September 1998 (Gaz 1998 No S199)
commenced 30 September 1998 (s 2)
as amended by
Road Transport Legislation Amendment Act 1999 A1999-79 sch 4
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA s 10B)
sch 4 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)
Interactive Gambling Regulations Amendment SL2000-27
notified 30 June 2000 (Gaz 2000 No S34)
s 1 commenced 30 June 2000 (IA s 10B)
remainder commenced 1 July 2000 (s 1)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 196
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 196 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.13
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.13 commenced 25 August 2004 (s 2 (1))
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.41
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.41 commenced 17 December 2009 (s 2)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.25
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.25 commenced 5 June 2012 (s 2 (1))
Endnotes
4 Amendment history
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4 Amendment history
Name of regulation
s 1 sub SL2000-27 s 3
am R4 LA
Dictionary
s 2 om A2001-44 amdt 1.2258
ins A2004-42 amdt 3.74
Notes
s 3 am A2001-44 amdt 1.2259
defs reloc to dict A2004-42 amdt 3.73
sub A2004-42 amdt 3.74
def the Act om A2001-44 amdt 1.2260
Regulated interactive gambling equipment
s 4 am A2004-42 amdt 3.75
Evidence for registration
s 5 am A1999-79 sch 4; A2009-49 amdt 3.97
Provision of funds to cover amount of wager
s 6 om R4 LA
Interactive gambling tax
s 12 sub SL2000-27 s 4
am A2004-42 amdt 3.76, amdt 3.77
Tax credit in relation to GST
s 12A ins SL2000-27 s 4
am A2004-42 amdt 3.77
Unclaimed money
s 18 am A2004-42 amdt 3.78
Dictionary
dict ins A2004-42 amdt 3.79
am A2009-49 amdt 3.98
def accounting and auditing computer system reloc from
s 3 A2004-42 amdt 3.73
def certified copy reloc from s 3 A2004-42 amdt 3.73
def citizenship certificate ins A2012-21 amdt 3.103
def end-user device reloc from s 3 A2004-42 amdt 3.73
def gross profit reloc from s 3 A2004-42 amdt 3.73
def interactive computer system reloc from s 3 A2004-42
amdt 3.73
def interactive network controller reloc from s 3 A2004-42
amdt 3.73
def non-participating jurisdiction reloc from s 3 A2004-42
amdt 3.73