Interactive Gambling Amendment (Gambling Reform) Act 2026

law://au/act/2026/72@2026-11-13

1Short title#

This Act is the Interactive Gambling Amendment (Gambling Reform) Act 2026.

2Commencement#

These Regulations shall come into force on 17th March 1987 and shall have effect as from 25th November 1982.

(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	26 August 2026
2. All Schedules (except Schedule 5)	1 January 2027.	1 January 2027
3. Schedule 5	The day after this Act receives the Royal Assent.	27 August 2026

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules#

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4Anti-avoidance#

(1)A person contravenes this subsection if:

(a)after the commencement of this section and before the commencement of Schedule 1 of this Act, the person, either alone or with one or more other persons or entities:

(i)enters into a scheme; or

(ii)begins to carry out a scheme; or

(iii)carries out a scheme; and

(b)the sole or dominant purpose of the scheme is to avoid the operation of one or more provisions of Part 7C or 7D of the Interactive Gambling Act 2001 in relation to the person or another person or entity.

(2)For the purposes of this section, a scheme is:

(a)any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

(b)any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

Civil penalty provision

(3)A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 7,500 penalty units.

(4)This section applies whether or not the scheme is entered into, begun to be carried out or carried out:

(a)in Australia; or

(b)outside Australia; or

(c)partly in Australia and partly outside Australia.

Schedule 1 · Restrictions on wagering advertising

Part 1 · Main amendments

Interactive Gambling Act 2001 #

1 Section 3 (after paragraph (f))

Insert:

; (g) advertising and promoting of licensed interactive wagering services is prohibited in certain circumstances;

(h) licensed interactive wagering service providers must not offer inducements or commissions in certain circumstances.

2 Section 4

Before “In this Act”, insert “(1)”.

3 Section 4

Insert:

app distribution service has the same meaning as in the Online Safety Act 2021.

app distribution service provider means a person who provides an app distribution service.

court/tribunal proceedings has the same meaning as in the Online Safety Act 2021.

official-inquiry proceedings has the same meaning as in the Online Safety Act 2021.

online content service has the meaning given by section 10C.

online content service provider means a person who provides an online content service. However, a person is not an online content service provider merely because the person:

(a)supplies an internet carriage service that enables content to be delivered or accessed; or

(b)provides a billing service, or a fee collection service, in relation to an online content service.

Parliamentary proceedings has the same meaning as in the Online Safety Act 2021.

provided in Australia, in relation to content provided on an online content service, has a meaning affected by subsection (2).

4 Section 4 (definition of sporting event)

Omit “a meaning affected”, substitute “the meaning given”.

5 At the end of section 4

Add:

(2)Content that is provided on an online content service is taken to be provided in Australia if the content is accessed, or is available for access, by an end-user in Australia.

6 Section 10A

Repeal the section, substitute:

10AMeaning of sporting event#

Basic definition

(1)For the purposes of this Act, a sporting event includes each of the following things:

(a)a single sports event, match or game;

(b)a single sports event, match or game that extends over multiple days;

(c)tournaments for a single sports event that involves concurrent or consecutive games or matches, whether over a single day or multiple days;

(d)an electronic sports competition;

whether the thing takes place in or outside Australia.

Sporting events may be determined

(2)The Minister may, by legislative instrument, determine either or both of the following:

(a)that a specified thing, or a specified kind of thing, is taken to be a sporting event for the purposes of this Act;

(b)that the outcome of the specified thing is taken not to be a contingency for the purposes of paragraph 10B(b).

Exceptions—racing

(3)Each of the following things is taken not to be a sporting event for the purposes of this Act:

(a)a horse race;

(b)a harness race;

(c)a greyhound race.

Events may be excluded

(4)The Minister may, by legislative instrument, determine that a specified thing, or a specified kind of thing, is taken not to be a sporting event for the purposes of this Act.

ACMA may give advice

(5)The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (2) or (4).

Meaning of thing

(6)For the purposes of this section, thing includes a series of things.

7 After section 10B

Insert:

10CMeaning of online content service#

Basic definition

(1)For the purposes of this Act, online content service means a service that satisfies both of the following conditions:

(a)the service is:

(i)a service that delivers content to persons having equipment appropriate for receiving that content, where the delivery of the service is by means of an internet carriage service; or

(ii)a service that allows end-users to access content using an internet carriage service; and

(b)the service is provided to the public (whether on payment of a fee or otherwise).

(2)Without limiting subsection (1), each of the following services is taken to be an online content service for the purposes of this Act:

(a)an on-demand program service (within the meaning of the Online Safety Act 2021);

(b)a social media service (within the meaning of the Online Safety Act 2021);

(c)a relevant electronic service (within the meaning of the Online Safety Act 2021);

(d)a designated internet service (within the meaning of the Online Safety Act 2021);

(e)a service determined by the ACMA under subsection (3).

(3)The ACMA may, by legislative instrument, determine one or more services for the purposes of paragraph (2)(e).

Excluded services

(4)A service is not an online content service to the extent that it is:

(a)an online service that delivers or provides access to content that consists of:

(i)Parliamentary proceedings; or

(ii)court/tribunal proceedings; or

(iii)official-inquiry proceedings; or

(b)a service for data storage; or

(c)a service for backing up data; or

(d)a service determined by the ACMA under subsection (6).

(5)A service is not an online content service if none of the content on the service is accessible to, or delivered to, one or more end-users in Australia.

(6)The ACMA may, by legislative instrument, determine one or more services for the purposes of paragraph (4)(d).

8 Section 15F

Repeal the section.

9 Paragraph 16(d)

Omit “7B;”, substitute “7B; or”.

10 After paragraph 16(d)

Insert:

(e)Part 7C; or

(f)Part 7D;

11 Subparagraph 21(1)(a)(iv)

Omit “7B;”, substitute “7B; or”.

12 After subparagraph 21(1)(a)(iv)

Insert:

(v)Part 7C; or

(vi)Part 7D;

13 Subsection 22(3)

After “subject to”, insert “section 22A of this Act and”.

14 After section 22

Insert:

22AAdditional information gathering powers#

When this section applies

(1)This section applies to a person if:

(a)the ACMA has reason to believe that the person has information or a document that is relevant to:

(i)monitoring compliance with Part 2, 2A, 2C, 7A or 7C; or

(ii)the performance of the ACMA’s functions under paragraph 10(1)(a) or (q) or subparagraph 10(1)(o)(iii) of the Australian Communications and Media Authority Act 2005; and

(b)the person is a person referred to in subsection (2).

(2)For the purposes of paragraph (1)(b), the persons are the following:

(a)a designated interactive gambling service provider;

(b)a licensed interactive wagering service provider;

(c)an online content service provider;

(d)a person who provides a broadcasting service;

(e)a person who provides a datacasting service;

(f)an internet service provider;

(g)a domain name system provider;

(h)an app distribution service provider;

(i)an internet search engine service provider;

(j)a person mentioned in paragraph 15J(1)(a) or (b) or subparagraphs 15J(2)(b)(ii) to (iv);

(k)the owner or operator of a sporting event venue;

(l)a sporting club or association;

(m)a third party age assurance provider;

(n)a person that ACMA has reason to believe provides a service, infrastructure or facility in connection with the provision of:

(i)a designated interactive gambling service; or

(ii)a licensed interactive wagering service provider; or

(iii)an online content service that provides wagering advertising content in Australia;

(o)a person that ACMA has reason to believe authorises or causes another person to engage in conduct that contravenes a provision of Part 2, 2A, 2C, 7A or 7C.

ACMA may require information or documents

(3)The ACMA may, by written notice given to the person, require the person to do any of the following:

(a)to give to the ACMA, within the period and in the manner and form specified in the notice, any such information;

(b)to produce to the ACMA, within the period and in the manner specified in the notice, any such documents;

(c)to make copies of any such documents and to produce to the ACMA, within the period and in the manner specified in the notice, those copies.

Civil penalty provision

(4)A person must comply with a requirement under subsection (3) to the extent that the person is capable of doing so.

Civil penalty: 500 penalty units.

(5)A person who contravenes subsection (4) commits a separate contravention of that subsection in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.

Requirements for notice

(6)A period specified under paragraph (3)(a), (b) or (c) must not be shorter than 7 days after the notice is given.

Copies of documents

(7)The ACMA may:

(a)inspect a document or copy produced under this section and may make and retain copies of, or take and retain extracts from, such a document; and

(b)retain possession of a copy of a document produced in accordance with a requirement covered by paragraph (3)(c).

Relationship with other laws

(8)If there is any inconsistency between the provisions of this section and the provisions of Part 13 of the Broadcasting Services Act 1992, this section prevails to the extent of any inconsistency.

22BSelf-incrimination#

(1)A person is not excused from giving information or a document under section 22A on the ground that the information or document might tend to incriminate the person.

(2)However, in the case of an individual:

(a)the information or document given; or

(b)giving the information or document; or

(c)any information, document or thing obtained as a direct or indirect consequence of giving the information or document;

is not admissible in evidence against the individual:

(d)in civil proceedings for the recovery of a penalty (other than proceedings for the recovery of a penalty under section 22A); or

(e)in criminal proceedings (other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to section 22A).

(3)If, at general law, an individual would otherwise be able to claim the privilege against self-exposure to a penalty (other than a penalty for an offence) in relation to giving information or a document under section 22A, the individual is not excused from giving information or a document under that section on that ground.

Note: A body corporate is not entitled to claim the privilege against self-exposure to a penalty.

15 Subsections 61DA(1A) and (3) (civil penalty)

Omit “180”, substitute “1,000”.

16 Subsections 61EA(1A) and (2A) (civil penalty)

Omit “180”, substitute “1,000”.

17 Subsections 61MB(10) and 61MC(10)

Repeal the subsections.

18 After Part 7B

Insert:

Part 7C · Restrictions on advertising etc. wagering services

Division 1 · Preliminary

62ASimplified outline of this Part#

Content that includes advertising, promotional or sponsorship content (called wagering advertising content) must not be:

 broadcast, datacast, or included in online content, during live coverage of sporting events; or

 broadcast on radio during school drop off and pick up times; or

 broadcast or datacast on television more than 3 times in an hour at certain times.

Wagering advertising content must not be included in online content unless reasonable steps are taken by online content providers to prevent restricted users from accessing such content, to require other users to access the content using registered accounts and to allow users to opt out of receiving such content.

Wagering advertising content must not be broadcast, datacast, or provided on certain streaming services, during children’s programming.

Sporting uniforms and sporting venues must not display wagering advertising content.

Athletes, celebrities and certain other people must not be used to promote wagering services.

The promotion of odds is prohibited on broadcasts and datacasts.

Wagering advertising content must not include harmful or misleading material.

Exceptions apply, including for programs, channels and online services dedicated to racing.

62BDefinitions#

Note: Other definitions are set out in section 4 of this Act, including the following:

(a) access;

(b) broadcasting service;

(d) online content service;

(e) online content service provider;

(f) sporting event.

In this Part:

account includes:

(a)a free account; and

(b)a pre-paid account; and

(c)anything that may reasonably be regarded as the equivalent of an account.

broadcast means transmit by means of a broadcasting service.

broadcasting video on demand service has the same meaning as in Part 9E of the Broadcasting Services Act 1992.

channel has the same meaning as in Part 7 of the Broadcasting Services Act 1992.

children means individuals under 18 years of age.

content means content:

(a)whether in the form of text; or

(b)whether in the form of data; or

(c)whether in the form of speech, music or other sounds; or

(d)whether in the form of visual images (animated or otherwise); or

(e)whether in any other form; or

(f)whether in any combination of forms.

datacast means transmit by means of a datacasting service.

dedicated, in relation to a racing or wagering channel, program or online content service, has the meaning given by section 62E.

licence area has the same meaning as in the Broadcasting Services Act 1992.

licensed interactive wagering service has the same meaning as in section 61GB.

licensed interactive wagering service provider has the same meaning as in section 61GB.

live, in relation to coverage of a sporting event, means:

(a)live (within the ordinary meaning of that expression); or

(b)delayed, so long as the coverage:

(i)is provided as if it were live (within the ordinary meaning of that expression); and

(ii)begins no later than the conclusion of the sporting event.

notable person: see section 62F.

odds: see section 62G.

online radio simulcast service: see section 62FA.

online television simulcast service: see section 62FA.

premises includes:

(a)a structure, building, vehicle, vessel or aircraft, that is in Australia; and

(b)a place (whether or not enclosed or built on) that is in Australia; and

(c)a part of a thing referred to in paragraph (a) or (b).

Note: To avoid doubt, premises in relation to a sporting event also includes the venue of the sporting event.

program has the same meaning as in the Broadcasting Services Act 1992.

promotion of odds: see section 62G.

racing means horse racing, harness racing or greyhound racing.

restricted user has the meaning given by section 62H.

scheduled break, in relation to a sporting event, means a stoppage in the sporting event that is not an unscheduled break.

scheduled start, in relation to a sporting event, means:

(a)the publicly notified time of commencement of the live coverage of the sporting event; or

(b)if paragraph (a) does not apply—the time the live coverage of the sporting event commences.

section of the public includes:

(a)the members of a particular club, society or organisation; and

(b)a group consisting only of persons with a common workplace or a common employer.

subscription video on demand service has the same meaning as SVOD service in Part 8C of the Broadcasting Services Act 1992.

unscheduled break, in relation to a sporting event, means a break when play is suspended or delayed due to weather or other events outside the control of the organiser of the sporting event, and participants are yet to enter the arena of play or have left the arena of play.

wagering advertising content has the meaning given by section 62C.

workplace means premises in which employees or contractors work, other than any part of such premises that is primarily used as a private dwelling.

62CMeaning of wagering advertising content#

Basic definition

(1)For the purposes of this Part, wagering advertising content means:

(a)advertising content; or

(b)sponsorship content; or

(c)promotional content;

that relates to a licensed interactive wagering service.

Note: Content has a meaning affected by section 62B. For the meaning of licensed interactive wagering service, see section 61GB.

Content taken to be included

(2)Without limiting subsection (1), content is taken to be advertising, sponsorship or promotional content that relates to a licensed interactive wagering service if it:

(a)has a purpose of, or has (or is likely to have) the effect of, promoting the licensed interactive wagering service; and

(b)is by, on behalf of or for the benefit of the licensed interactive wagering service provider.

Wagering advertising content may be determined

(3)The Minister may, by legislative instrument, determine that a specified kind of content is taken to be wagering advertising content for the purposes of this Part.

Content may be excluded

(4)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified kind of content is taken not to be wagering advertising content for the purposes of this Part.

Exceptions

(5)Content is taken not to be wagering advertising content for the purposes of this Part if section 62D applies in relation to the content.

ACMA may give advice

(6)The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (3) or (4).

62DContent taken not to be wagering advertising content#

(1)This section has effect for the purposes of subsection 62C(5).

Exception—political communication

(2)Content is taken not to be wagering advertising content if:

(a)it does not promote, and is not intended to promote, one or more licensed interactive wagering services; and

(b)it relates solely to government or political matters.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

(3)Without limiting paragraph (2)(a), content that includes the name of a licensed interactive wagering service provider does not, of itself, constitute promotion of a licensed interactive wagering service.

Exception—ordinary business matters of providers

(4)Content is taken not to be wagering advertising content if:

(a)the content is provided, included or displayed:

(i)on an online profile of a licensed interactive wagering service provider; or

(ii)as part of the standard wording of an invoice, statement, order form, letterhead, business card, cheque, manual, or other document ordinarily used in the normal course of the business of a licensed interactive wagering service provider (whether or not the document is in electronic form); or

(iii)in an advertisement relating to the internal management or staffing arrangements of the business of a licensed interactive wagering service provider; and

(b)the content does not promote, and is not intended to promote, a licensed interactive wagering service.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: For the purposes of subparagraph (a)(i), see the definition of online profile in subsection (9).

Exception—premises of providers

(5)Content is taken not to be wagering advertising content if it is displayed in or on premises that are:

(a)owned or occupied by a licensed interactive wagering service provider; and

(b)not used in conjunction with a live sporting event (unless the premises is associated with a place-based gambling service).

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: For the meaning of place-based gambling service, see section 8BA.

Exception—products or services having the same name

(6)Content is taken not to be wagering advertising content if:

(a)the content relates to a product, or a service, that is not a licensed interactive wagering service; and

(b)the content would be wagering advertising content but for the operation of this subsection, because the name (or part of the name) of the product or service is the same as, or substantially similar to, the name (or part of the name) of:

(i)a licensed interactive wagering service; or

(ii)a licensed interactive wagering service provider; and

(c)the manufacturer, distributor or retailer of the product, or the provider of the service, is not:

(i)associated with the licensed interactive wagering service provider; or

(ii)a related body corporate (within the meaning of the Corporations Act 2001) of the licensed interactive wagering service provider.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Exception—anti-gambling content

(7)Content is taken not to be wagering advertising content if:

(a)the content would be wagering advertising content but for the operation of this subsection; and

(b)the sole or principal purpose of the content is to discourage the use of wagering services or other gambling services.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Subsequent use or display of content

(8)The application of subsection (2), (4), (5), (6) or (7) in relation to content does not prevent a subsequent use or display of the content from constituting wagering advertising content for the purposes of this Part.

Meaning of online profile

(9)In this section:

online profile, of a licensed interactive wagering service provider, means a profile, account, website, channel, feed, listing, or other digital representation that an online content service has for the provider.

62EMeaning of dedicated racing or wagering channels, programs and online content services#

Basic definition—dedicated racing channels etc.

(1)For the purposes of this Part:

(a)a channel or program is taken to be dedicated to racing if the content provided on the channel or program wholly or principally relates to racing; and

(b)an online content service is taken to be dedicated to racing if the content provided on the online content service wholly or principally relates to racing.

Note: For the meaning of channel, program and racing, see section 62B.

Dedicated racing channels etc. may be determined

(2)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified channel, program or online content service, or a specified kind of channel, program or online content service, is taken to be dedicated to racing for the purposes of this Part.

Racing channels etc. may be excluded

(3)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that:

(a)a specified channel, program or online content service; or

(b)a specified kind of channel, program or online content service;

is taken not to be dedicated to racing for the purposes of this Part.

Basic definition—dedicated wagering channels etc.

(4)For the purposes of this Part:

(a)a channel or program is taken to be dedicated to wagering if the content provided on the channel or program wholly or principally relates to wagering services; and

(b)an online content service is taken to be dedicated to wagering if the content provided on the online content service wholly or principally relates to wagering services.

Note: For the meaning of wagering service, see section 4.

Dedicated wagering channels etc. may be determined

(5)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified channel, program or online content service, or a specified kind of channel, program or online content service, is taken to be dedicated to wagering for the purposes of this Part.

Wagering channels etc. may be excluded

(6)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that:

(a)a specified channel, program or online content service; or

(b)a specified kind of channel, program or online content service;

is taken not to be dedicated to wagering for the purposes of this Part.

ACMA may give advice

(7)The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (2), (3), (5) or (6).

62FMeaning of notable persons#

Basic definition

(1)For the purposes of this Part, notable person includes any of the following:

(a)a current or former professional sports player or athlete;

(b)a current or former celebrity;

(c)a current or former social media influencer;

(d)a current or former prominent individual;

(e)a person included in a class of persons that the Minister determines under subsection (3);

regardless of whether the person is in or outside Australia.

(2)However, notable person does not include a person included in a class of persons that the Minister determines under subsection (4).

Minister may make determination

(3)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine a specified class of persons for the purposes of paragraph (1)(e).

(4)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine a specified class of persons for the purposes of subsection (2).

ACMA may give advice

(5)The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (3) or (4).

62FAMeaning of online radio simulcast serviceand online television simulcast service#

(1)For the purposes of this Part, an online radio simulcast service means a service, or a part of a service, that is provided to end-users using an internet carriage service, and that:

(a)does no more than provide a stream of content that is identical to the stream of programs transmitted on:

(i)a commercial radio broadcasting service provided under a commercial radio broadcasting licence; or

(ii)a subscription radio narrowcasting service; or

(iii)a radio broadcasting service provided by the Special Broadcasting Service Corporation; and

(b)provides that stream of content simultaneously, or almost simultaneously, with the transmission of that stream of programs.

(2)For the purposes of this Part, an online television simulcast service means a service, or a part of a service, that is provided to end-users using an internet carriage service, and that:

(a)does no more than provide a stream of content that is identical to the stream of programs transmitted on:

(i)a commercial television broadcasting service provided under a commercial television broadcasting licence; or

(ii)a subscription television broadcasting service provided under a subscription television broadcasting licence; or

(iii)a subscription television narrowcasting service; or

(iv)a television broadcasting service provided by the Special Broadcasting Service Corporation; and

(b)provides that stream of content simultaneously, or almost simultaneously, with the transmission of that stream of programs.

(3)For the purposes of subsections (1) and (2), in determining whether a stream of content is identical to a stream of programs, disregard:

(a)any differences that are attributable to the technical characteristics of the provision or transmission (for example, video resolution or sound quality); and

(b)the presence or absence of:

(i)any advertising content, sponsorship content or promotional content; and

(ii)any watermark-type logo or insignia.

(4)Terms used in this section that are defined in the Broadcasting Services Act 1992, or in Schedule 8 to that Act, have the same meaning in this section as they have in that Act or that Schedule.

62GMeaning of oddsand promotion of odds#

In this Part:

(a)odds means odds offered for a bet on the chance of any occurrence or outcome within a particular game or event (other than a horse race, harness race or a greyhound race), or the overall outcome of the game or event; and

(b)promotion of odds means wagering advertising content to the extent to which it is a distinct promotional reference that provides odds.

62HMeaning of restricted user#

In this Part, restricted user, in relation to an online content service, means an individual in Australia who:

(a)is under 18 years of age; or

(b)has not confirmed their age; or

(c)is not using a registered account in relation to the online content service; or

(d)has opted out from accessing or receiving wagering advertising content provided on the online content service in accordance with section 62S and the requirements (if any) specified in a determination under subsection 62P(4).

62JWorking out what time etc. applies for broadcasts and datacasts#

Working out time

(1)Subsections (2) to (6) apply in working out the time of a broadcast or datacast for the purposes of this Part.

Broadcasts and datacasts under licences with licence area

(2)If:

(a)the broadcast or datacast is provided under a licence that has a licence area; and

(b)subsections (3) and (5) do not apply;

the time of the broadcast or datacast is taken to be the local time for the licence area.

(3)If:

(a)the broadcast or datacast is provided under a licence that has a licence area; and

(b)the licence area covers areas in which different time zones are observed; and

(c)subsection (5) does not apply;

the time of the broadcast or datacast is taken to be the local time for the part of the licence area that contains the largest proportion of the population.

Broadcasts and datacasts not under licences with licence area

(4)If:

(a)the broadcast or datacast is not provided under a licence or is provided under a licence that does not have a licence area; and

(b)subsection (5) does not apply;

the time of the broadcast or datacast is taken to be the local time for the area where the broadcast or datacast is received.

Time of broadcast or datacast may be determined

(5)If the ACMA makes an instrument under subsection (6) in relation to working out the time of a broadcast or datacast, the time of the broadcast or datacast is taken to be the time worked out under the instrument.

(6)The ACMA may, by legislative instrument, determine the way in which the time of a broadcast or datacast is to be worked out.

Working out school days

(7)Subsections (8) to (12) apply in working out if a broadcast occurs on a school day for the purposes of section 62N.

Broadcasts under licences with licence area

(8)If:

(a)the broadcast is provided under a licence that has a licence area; and

(b)subsections (9) and (11) do not apply;

the broadcast is taken to occur on a school day for the licence area if the day is not a Saturday, Sunday, public holiday or public school holiday for the relevant State or Territory in which the licence area is located.

(9)If:

(a)the broadcast is provided under a licence that has a licence area; and

(b)the licence area covers areas in which different public holidays or public school holidays are observed; and

(c)subsection (11) does not apply;

the broadcast is taken to occur on a school day for the licence area if the day is not a Saturday, Sunday, public holiday or public school holiday for the part of the licence area that contains the largest proportion of the population.

Broadcasts not under licences with licence area

(10)If:

(a)the broadcast is not provided under a licence or is provided under a licence that does not have a licence area; and

(b)subsection (11) does not apply;

the broadcast is taken to occur on a school day if the day is not a Saturday, Sunday, public holiday or public school holiday for the relevant State or Territory in which the area is located and where the broadcast is received.

Day of broadcast may be determined

(11)If the ACMA makes an instrument under subsection (12) in relation to working out if a broadcast occurs on a school day, the broadcast is taken to occur on the day worked out under the instrument.

(12)The ACMA may, by legislative instrument, determine the way in which the day of a broadcast is to be worked out.

62JAWorking out what time etc. applies for providing content on online content services#

Working out time

(1)Subsection (2) applies in working out the time when content is provided on an online content service to an end-user for the purposes of this Part.

(2)The time of the provision of the content is taken to be the legal time where the end-user of the online content service is located.

Working out school days

(3)Subsection (4) applies in working out whether content is provided on an online content service to an end-user on a school day for the purposes of this Part.

(4)The day of the provision of the content to taken to be a school day if the day is not a Saturday, Sunday, public holiday or public school holiday where the end-user of the online content service is located.

Division 2 · Prohibitions on broadcasting or datacasting wagering advertising content

62KProhibition on wagering advertising content during live coverage of sporting events—daytime#

Civil penalty provision—broadcasting or datacasting of content

(1)A person contravenes this subsection if:

(a)the person broadcasts or datacasts wagering advertising content in Australia; and

(b)the broadcast or datacast of wagering advertising content is in conjunction with live coverage of a sporting event; and

(c)the broadcast or datacast of wagering advertising content occurs at any time during the period beginning at 5:00 am and ending at 8:30 pm.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of licence area and live, see section 62B. For the meaning of sporting event, see section 10A.

Note 3: The time of a broadcast or datacast is worked out by reference to section 62J.

Civil penalty: 1,000 penalty units.

Assumptions about coverage

(2)For the purposes of subsection (1):

(a)wagering advertising content is taken to be broadcast or datacast in conjunction with live coverage of a sporting event if the content is provided on the service during the period:

(i)beginning 15 minutes before the scheduled start of the sporting event; and

(ii)ending 5 minutes after the conclusion of the sporting event; and

(b)if there is a scheduled break or unscheduled break in the sporting event—any content provided on the service during the break is taken to be content in conjunction with live coverage of the sporting event.

Note: For the meaning of scheduled start, scheduled break and unscheduled break, see section 62B.

Civil penalty provision—authorising or causing broadcasting or datacasting of content

(3)A person must not authorise or cause wagering advertising content to be broadcast or datacast in contravention of subsection (1).

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

62LProhibition on wagering advertising content during live coverage of sporting events—overnight#

Civil penalty provision—broadcasting or datacasting of content

(1)A person contravenes this subsection if:

(a)the person broadcasts or datacasts wagering advertising content in Australia; and

(b)the broadcast or datacast of wagering advertising content is in conjunction with live coverage of a sporting event; and

(c)the broadcast or datacast of wagering advertising content occurs at any time during the period beginning at 8:30 pm on a day and ending at 5:00 am on the following day.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of live and licence area, see section 62B. For the meaning of sporting event, see section 10A.

Note 3: The time of a broadcast or datacast is worked out by reference to section 62J.

Civil penalty: 1,000 penalty units.

Assumptions about coverage

(2)For the purposes of subsection (1):

(a)wagering advertising content is taken to be broadcast or datacast in conjunction with live coverage of a sporting event if the content is provided on the service during the period:

(i)beginning immediately before the scheduled start of the sporting event; and

(ii)ending immediately after the conclusion of the sporting event; and

(b)if there is a scheduled break or unscheduled break in the sporting event—any content provided on the service during the break is taken not to be in conjunction with live coverage of the sporting event.

Note: For the meaning of scheduled start, scheduled break and unscheduled break, see section 62B.

Civil penalty provision—authorising or causing broadcasting or datacasting of content

(3)A person must not authorise or cause wagering advertising content to be broadcast or datacast in contravention of subsection (1).

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

Relationship with other provisions

(4)To avoid doubt, this section applies in addition to section 62K.

Example: Broadcasting of live coverage of a sporting event that starts at 5 pm and ends at 10 pm is subject to both:

(a) the restrictions under section 62K between 5 pm and 8:30 pm and

(b) the restrictions under this section between 8:30 pm and 10 pm.

62MFrequency cap for wagering advertising content on television—daytime#

Civil penalty provision—broadcasting or datacasting of content

(1)A person contravenes this subsection if:

(a)the person broadcasts or datacasts wagering advertising content in Australia; and

(b)the broadcast or datacast of wagering advertising content is on:

(i)a commercial television broadcasting service (within the meaning of the Broadcasting Services Act 1992); or

(ii)a community television broadcasting service (within the meaning of the Broadcasting Services Act 1992); or

(iii)a subscription television broadcasting service (within the meaning of the Broadcasting Services Act 1992); or

(iv)a national television broadcasting service (within the meaning of Schedule 4 of the Broadcasting Services Act 1992); or

(v)a subscription television narrowcasting service (within the meaning of the Broadcasting Services Act 1992); or

(vi)an open narrowcasting television service (within the meaning of the Broadcasting Services Act 1992); and

(c)the broadcast or datacast of wagering advertising content is on a particular channel; and

(d)the broadcast or datacast of wagering advertising content occurs at any time during the period (the restricted time) beginning at 5:00 am and ending at 8:30 pm; and

(e)the total number of times that wagering advertising content is broadcast or datacast on the particular channel exceeds 3 (the frequency cap) during any 60 minute period that occurs during the restricted time.

Note 1: For the meaning of licence area, see section 62B.

Note 2: The time of a broadcast or datacast is worked out by reference to section 62J.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing broadcasting or datacasting of content

(2)A person must not authorise or cause wagering advertising content to be broadcast or datacast in contravention of subsection (1).

Civil penalty: 1,000 penalty units.

Exception—dedicated racing or wagering program or channel

(3)Subsections (1) and (2) do not apply if the broadcast or datacast of wagering advertising content is on:

(a)a dedicated racing program or channel; or

(b)a dedicated wagering program or channel.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Note 3: For when a program or channel is dedicated to racing or wagering, see section 62E.

Exception—due diligence

(4)Subsections (1) and (2) do not apply in relation to a person if:

(a)the broadcast or datacast of wagering advertising content that exceeds the frequency cap is a result of a genuine error, mistake or accident; and

(b)the person took reasonable precautions, and exercised due diligence, to avoid the error, mistake or accident.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Separate contraventions

(5)A person who contravenes subsection (1) or (2) commits a separate contravention of that subsection in respect of each broadcast or datacast of wagering advertising content that exceeds the frequency cap.

Relationship with other provisions

(6)To avoid doubt, this section applies in addition to section 62K.

Example: Television broadcasting of live coverage of a sporting event that starts at 2 pm and ends at 5 pm is subject to both:

(a) the restrictions under section 62K; and

(b) the restrictions under this section.

62NProhibition on wagering advertising content on radio—school drop off and pick up#

Civil penalty provision—radio broadcasting of content

(1)A person contravenes this subsection if:

(a)the person broadcasts wagering advertising content in Australia; and

(b)the broadcast of wagering advertising content is on:

(i)a commercial radio broadcasting service (within the meaning of the Broadcasting Services Act 1992); or

(ii)a community radio broadcasting service (within the meaning of the Broadcasting Services Act 1992); or

(iii)a national radio broadcasting service (within the meaning of the Broadcasting Services Act 1992); or

(iv)a subscription radio narrowcasting service (within the meaning of the Broadcasting Services Act 1992); or

(v)an open narrowcasting radio service (within the meaning of the Broadcasting Services Act 1992); and

(c)the broadcast of wagering advertising content occurs during a school day in the licence area of the broadcast, at any time during the period:

(i)beginning at 8 am and ending at 9 am; or

(ii)beginning at 3 pm and ending at 4 pm.

Note 1: For the meaning of licence area, see section 62B.

Note 2: The time of a broadcast, and whether a broadcast occurs on a school day, is worked out by reference to section 62J.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing radio broadcasting of content

(2)A person must not authorise or cause wagering advertising content to be broadcast in contravention of subsection (1).

Civil penalty: 1,000 penalty units.

Exception—dedicated racing or wagering program or channel

(3)Subsections (1) and (2) do not apply if the broadcast of wagering advertising content is on:

(a)a dedicated racing program or channel; or

(b)a dedicated wagering program or channel.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Note 3: For when a program or channel is dedicated to racing or wagering, see section 62E.

Division 3 · Prohibitions on providing wagering advertising content on online content services

62PProhibition on providing wagering advertising content on online content services#

Civil penalty provision—providing content on online content service

(1)A person contravenes this subsection if:

(a)the person is an online content service provider; and

(b)wagering advertising content is provided in Australia on the online content service.

Note: For the meaning of online content service provider, see section 4. For the meaning of online content service, see section 10C.

Civil penalty: 1,000 penalty units.

Exception—reasonable steps taken

(2)Subsection (1) does not apply if the online content service provider, in relation to the online content service and in accordance with section 62S and the requirements (if any) specified in a determination under subsection (4) of this section, takes reasonable steps to:

(a)prevent restricted users from accessing or receiving wagering advertising content; and

(b)ensure that individuals in Australia accessing or receiving wagering advertising content are doing so using a registered account in relation to the service; and

(c)ensure that individuals in Australia with a registered account in relation to the service may opt out of accessing or receiving wagering advertising content.

Note 1: See however section 62T (use of certain identification material and services).

Note 2: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 3: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

(3)Without limiting what constitutes the taking of reasonable steps in relation to a matter for the purposes of subsection (2), the taking of reasonable steps in relation to that matter includes:

(a)having appropriate governance, control and risk management in relation to that matter; and

(b)where technology is used in relation to that matter—ensuring the technology is appropriate, reliable, accessible, inclusive and functional; and

(c)having appropriate procedures for identifying and remediating problems that arise or may arise in relation to that matter.

(4)The ACMA may, by legislative instrument, specify requirements for the purposes of subsection (2).

(5)If a determination under subsection (4) is inconsistent with subsection (3), the determination is invalid to the extent of the inconsistency.

Exception—online simulcast services

(6)Subsection (1) does not apply, to the extent that the online content service includes the provision of an online radio simulcast service or an online television simulcast service, if a notice is in force under section 62SB in relation to the simulcast service.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty provision—authorising or causing content to be provided on online content service

(7)A person contravenes this subsection if the person authorises or causes wagering advertising content to be included in content provided on an online content service in contravention of subsection (1).

Civil penalty: 1,000 penalty units.

Exception—due diligence

(8)Subsection (7) does not apply if the person took reasonable precautions, and exercised due diligence, to be satisfied that the online content service provider has taken, or will take, reasonable steps to meet the requirements as mentioned in paragraphs (2)(a) to (c).

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Exception—dedicated racing or wagering online content services

(9)Subsections (1) and (7) do not apply if the wagering advertising content is provided on:

(a)a dedicated racing online content service; or

(b)a dedicated wagering online content service; or

(c)an online radio simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:

(i)a dedicated racing program; or

(ii)a dedicated wagering program; or

(d)an online television simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:

(i)a dedicated racing program; or

(ii)a dedicated wagering program.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: For when an online content service or a program is dedicated to racing or wagering, see section 62E.

Separate contraventions

(10)A person who contravenes subsection (1) or (7) commits a separate contravention of that subsection in respect of each time that wagering advertising content is provided on the online content service.

62QProhibition on providing wagering advertising content on online content services to restricted users#

Civil penalty provision—providing content on online content service

(1)A person contravenes this subsection if:

(a)the person provides an online content service; and

(b)wagering advertising content is provided in Australia on the online content service; and

(c)the wagering advertising content is delivered to (or attempted to be delivered to), or accessed by, an individual who is a restricted user.

Note: For the meaning of restricted user, see section 62H.

Civil penalty: 1,000 penalty units.

Exception—reasonable steps taken

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Exception—online simulcast services

(3)Subsection (1) does not apply, to the extent that the online content service includes the provision of an online radio simulcast service or an online television simulcast service, if a notice is in force under section 62SB in relation to the simulcast service.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty provision—authorising or causing content to be provided on online content service

(4)A person contravenes this subsection if the person authorises or causes wagering advertising content to be included in content provided on an online content service in contravention of subsection (1).

Civil penalty: 1,000 penalty units.

Exception—due diligence

(5)Subsection (1) does not apply if the person took reasonable precautions, and exercised due diligence, to be satisfied that the online content service provider has taken, or will take, reasonable steps to meet the requirement as mentioned in paragraph 62P(2)(a).

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Exception—dedicated racing or wagering online content services

(6)Subsections (1) and (4) do not apply if the wagering advertising content is provided on:

(a)a dedicated racing online content service; or

(b)a dedicated wagering online content service; or

(i)a dedicated racing program; or

(ii)a dedicated wagering program; or

(i)a dedicated racing program; or

(ii)a dedicated wagering program.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: For when an online content service or a program is dedicated to racing or wagering, see section 62E.

Separate contraventions

(7)A person who contravenes subsection (1) or (4) commits a separate contravention of that subsection in respect of each time that wagering advertising content is delivered to (or attempted to be delivered to), or accessed by, an individual who is a restricted user.

62RProhibition on wagering advertising content on online content services during live coverage of sporting events—daytime#

Civil penalty provision—providing content on online content service

(1)A person contravenes this subsection if:

(a)the person provides an online content service; and

(b)wagering advertising content is provided in Australia on the online content service; and

(c)the provision of wagering advertising content on the online content service is in conjunction with live coverage of a sporting event; and

(d)the provision of wagering advertising content on the online content service occurs at any time during the period beginning at 5:00 am and ending at 8:30 pm.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of live, see section 62B. For the meaning of sporting event, see section 10A.

Note 3: For working out time in relation to when content is provided on an online content service, see section 62JA.

Civil penalty: 1,000 penalty units.

Assumptions about coverage

(2)For the purposes of subsection (1):

(a)wagering advertising content is taken to be provided on the online content service in conjunction with live coverage of a sporting event if the content is provided on the service during the period:

(i)beginning 15 minutes before the scheduled start of the sporting event; and

(ii)ending 5 minutes after the conclusion of the sporting event; and

(b)if there is a scheduled break or unscheduled break in the sporting event—any content provided on the service during the break is taken to be in conjunction with live coverage of the sporting event.

Note: For the meaning of scheduled start, scheduled break and unscheduled break, see section 62B.

Civil penalty provision—authorising or causing content to be provided on online content service

(3)A person contravenes this subsection if the person authorises or causes wagering advertising content to be included in content provided on an online content service in contravention of subsection (1).

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

Relationship with other provisions

(4)To avoid doubt, this section applies in addition to sections 62P, 62Q and 62RA.

Separate contraventions

(5)A person who contravenes subsection (1) or (3) commits a separate contravention of that subsection in respect of each time that wagering advertising content is provided on the online content service.

62RAProhibition on wagering advertising content on online content services during live coverage of sporting events—overnight#

Civil penalty provision—providing content on online content service

(1)A person contravenes this subsection if:

(a)the person provides an online content service; and

(b)wagering advertising content is provided in Australia on the online content service; and

(c)the provision of wagering advertising content on the online content service is in conjunction with live coverage of a sporting event; and

(d)the provision of wagering advertising content on the online content service occurs at any time during the period beginning at 8:30 pm on a day and ending at 5:00 am on the following day.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of live, see section 62B. For the meaning of sporting event, see section 10A.

Note 3: For working out time in relation to when content is provided on an online content service, see section 62JA.

Civil penalty: 1,000 penalty units.

Assumptions about coverage

(2)For the purposes of subsection (1):

(i)beginning immediately before the scheduled start of the sporting event; and

(ii)ending immediately after the conclusion of the sporting event; and

Note: For the meaning of scheduled start, scheduled break and unscheduled break, see section 62B.

Civil penalty provision—authorising or causing content to be provided on online content service

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

Relationship with other provisions

(4)To avoid doubt, this section applies in addition to sections 62P, 62Q and 62R.

Example: The provision of content on an online content service in conjunction with live coverage of a sporting event that starts at 5 pm and ends at 10 pm is subject to both:

(a) the restrictions under section 62R between 5 pm and 8:30 pm; and

(b) the restrictions under this section between 8:30 pm and 10 pm.

Separate contraventions

62SRequirements for opting out of accessing wagering advertising content#

(1)For the purposes of paragraph 62P(2)(c), an online content service provider must, in relation to the requirement to take reasonable steps to ensure that individuals may opt out of accessing or receiving wagering advertising content:

(a)provide a clear, simple, effective and easily accessible means by which an individual may request not to access or receive wagering advertising content provided on the online content service; and

(b)display on the online content service information about the means to opt out in a way that is prominent to individuals using the service.

(2)This section does not limit subsection 62P(2) or any requirements specified in a determination under subsection 62P(4).

(3)To avoid doubt, a determination under subsection 62P(4) may specify requirements in relation to a matter mentioned in paragraph (1)(a) or (b) of this section.

62SAACMA powers relating to opting out requirements#

(1)If:

(a)a person provides an online content service; and

(b)wagering advertising content is provided on the online content service; and

(c)the ACMA is satisfied that the person is not providing or displaying the things mentioned in paragraph 62S(1)(a) or (b) in relation to the online content service;

the ACMA may, by written notice given to the person, direct the person to take, or refrain from taking, specified steps to provide or display those things.

(2)A person contravenes this subsection if:

(a)the ACMA gives the person a direction under subsection (1); and

(b)the person fails to comply with the direction within 30 days.

Civil penalty: 1,000 penalty units.

Division 3A · Alternative treatment of certain online radio and television simulcast services

62SBNotice of alternative treatment#

(1)If an online content service provider provides:

(a)an online radio simulcast service; or

(b)an online television simulcast service;

the provider may give written notice to the ACMA stating they wish for this Division to apply to the online radio simulcast service or online television simulcast service (the simulcast service).

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(2)The notice must specify the following:

(a)the day (the start day) the notice comes into force, which must not be earlier than 7 days before the day the provider gives the ACMA the notice;

(b)the name of the simulcast service.

(3)The notice is in force for the period that:

(a)starts on the start day; and

(b)ends on the day that is 12 months after the start day, or the day the notice is revoked by the provider (whichever is the earlier).

Note: When the notice is in force:

(a) sections 62P and 62Q do not apply in relation to the simulcast service (see subsections 62P(6) and 62Q(3)); and

(b) for an online radio simulcast service—section 62SD applies to the simulcast service; and

Effect of a notice must be communicated to customers

(4)The provider must, before the start day, notify potential end-users of the simulcast service that this Division applies to the simulcast service.

62SCFrequency cap for wagering advertising content—online television simulcast services#

Civil penalty provision—providing content

(1)A person contravenes this subsection if:

(a)a person provides an online television simulcast service; and

(b)a notice is in force under section 62SB in relation to the online television simulcast service; and

(c)wagering advertising content is provided in Australia on the online television simulcast service; and

(d)the provision occurs at any time during the period (the restricted time) beginning at 5:00 am and ending at 8:30 pm; and

(e)the total number of times that wagering advertising content is provided exceeds 3 (the frequency cap) during any 60 minute period that occurs during the restricted time.

Note: The time the content is provided is worked out by reference to section 62JA.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing provision of content

(2)A person must not authorise or cause wagering advertising content to be provided in contravention of subsection (1).

Civil penalty: 1,000 penalty units.

Exception—streaming dedicated racing or wagering programs

(3)Subsections (1) and (2) do not apply to the extent the online television simulcast service provides wagering advertising content on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:

(a)a dedicated racing program; or

(b)a dedicated wagering program.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Note 3: For when a program is dedicated to racing or wagering, see section 62E.

Exception—due diligence

(4)Subsections (1) and (2) do not apply in relation to a person if:

(a)the provision of wagering advertising content that exceeds the frequency cap is a result of a genuine error, mistake or accident; and

(b)the person took reasonable precautions, and exercised due diligence, to avoid the error, mistake or accident.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Separate contraventions

(5)A person who contravenes subsection (1) or (2) commits a separate contravention of that subsection in respect of each provision of wagering advertising content that exceeds the frequency cap.

62SDProhibition on wagering advertising content for school drop off and pick up—online radio simulcast services#

Civil penalty provision—providing content

(1)A person contravenes this subsection if:

(a)a person provides an online radio simulcast service; and

(b)a notice is in force under section 62SB in relation to the online radio simulcast service; and

(c)wagering advertising content is provided in Australia on the online radio simulcast service; and

(d)the provision occurs during a school day, at any time during the period:

(i)beginning at 8 am and ending at 9 am; or

(ii)beginning at 3 pm and ending at 4 pm.

Note: The time content is provided, and whether the provision occurs on a school day, is worked out by reference to section 62JA.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing provision of content

(2)A person must not authorise or cause wagering advertising content to be provided in contravention of subsection (1).

Civil penalty: 1,000 penalty units.

Exception—streaming dedicated racing or wagering programs

(3)Subsections (1) and (2) do not apply to the extent the online radio simulcast service provides wagering advertising content on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:

(a)a dedicated racing program; or

(b)a dedicated wagering program.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Note 3: For when a program is dedicated to racing or wagering, see section 62E.

Division 4 · Privacy

62TUse of certain identification material and services#

(1)An online content service provider must not:

(a)collect government-issued identification material; or

(b)use an accredited service (within the meaning of the Digital ID Act 2024);

for the purpose of, or for purposes including the purpose of, taking reasonable steps to prevent individuals under 18 years of age from accessing or receiving wagering advertising content (see paragraph 62P(2)(a)).

Civil penalty: 1,000 penalty units.

(2)Subsection (1) does not apply if:

(a)the online content service provider provides alternative means (not involving the material or services mentioned in paragraphs (1)(a) and (b)) for an individual to assure the online content service provider that the individual is not under 18 years of age; and

(b)those means are reasonable in the circumstances.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

(3)In this section:

government-issued identification material includes:

(a)identification documents issued by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory (including copies of such documents); and

(b)a digital ID (within the meaning of the Digital ID Act 2024) issued by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory.

Separate contraventions

(4)A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each time that identification material is collected, or a service is used, in relation to an individual.

62UInformation collected for purposes including taking reasonable steps to prevent restricted users accessing wagering advertising content#

(1)If an entity:

(a)holds personal information about an individual that was collected for the purpose of, or for purposes including the purpose of, the entity or any other entity taking reasonable steps to prevent restricted users from accessing or receiving wagering advertising content (see paragraph 62P(2)(a)); and

(b)uses or discloses the information otherwise than:

(i)for the purpose of determining whether or not the individual is a restricted user; or

(ii)in circumstances where paragraph 6.2(b), (c), (d) or (e) of the Australian Privacy Principles applies; or

(iii)with the consent of the individual, which must be in accordance with subsection (2);

the use or disclosure of the information is taken to be:

(c)an interference with the privacy of the individual for the purposes of the Privacy Act 1988; and

(d)covered by section 13 of that Act.

Note: An act or practice that is an interference with privacy may be the subject of a complaint under section 36 of the Privacy Act 1988.

(2)For the purposes of subparagraph (1)(b)(iii):

(a)the consent must be:

(i)voluntary; and

(ii)informed; and

(iii)current; and

(iv)specific; and

(v)unambiguous; and

(b)the individual must be able to withdraw the consent in a manner that is easily accessible to the individual.

(3)If an entity holds personal information about an individual that was collected for the purpose of, or for purposes including the purpose of, the entity or any other entity taking reasonable steps to prevent restricted users from accessing or receiving wagering advertising content, then:

(a)the entity must destroy the information after using or disclosing it for the purposes for which it was collected; and

(b)if the entity does not so destroy the information, the failure to destroy the information is taken to be:

(i)an interference with the privacy of the individual for the purposes of the Privacy Act 1988; and

(ii)covered by section 13 of that Act.

Note: An act or practice that is an interference with privacy may be the subject of a complaint under section 36 of the Privacy Act 1988.

(4)In this section:

entity has the same meaning as in Division 1 of Part II of the Privacy Act 1988.

Division 5 · Other prohibitions and restrictions relating to wagering advertising content

Subdivision A · Prohibitions relating to children’s programming

62UAProhibition relating to wagering advertising content during programs directed towards children#

Civil penalty provision—broadcasting, datacasting or providing content on certain streaming services

(1)A person contravenes this subsection if:

(a)either:

(i)the person broadcasts or datacasts wagering advertising content in Australia; or

(ii)the person provides an online content service that is a broadcasting video on demand service or a subscription video on demand service and wagering advertising content is provided in Australia on the online content service; and

(b)the broadcast, datacast or provision on the online content service of the wagering advertising content occurs during a program that is wholly or principally directed towards children; and

(c)the broadcast, datacast or provision on the online content service of the wagering advertising content occurs at any time during the period beginning at 5:00 am and ending at 8:30 pm.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of broadcasting video on demand service, children and subscription video on demand service, see section 62B.

Note 3: The time of a broadcast or datacast is worked out by reference to section 62J. For working out time in relation to when content is provided on an online content service, see section 62JA.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing broadcasting, datacasting or provision of content on certain streaming services

(2)A person must not authorise or cause wagering advertising content to be broadcast, datacast or included in content provided on an online content service that is a broadcasting video on demand service or a subscription video on demand service, in contravention of subsection (1).

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

Relationship with other provisions

(3)To avoid doubt, this section applies in addition to sections 62P and 62Q.

(4)If conduct constitutes a contravention of subsection (1) and subsection 62UB(1), proceedings may be started against a person in relation to the contravention of either or both of those subsections. However, the person is not liable to more than one pecuniary penalty in relation to the same conduct.

62UBProhibition relating to wagering advertising content during programs likely to be viewed by children#

Civil penalty provision—broadcasting, datacasting or providing content on certain streaming services

(1)A person contravenes this subsection if:

(a)either:

(i)the person broadcasts or datacasts wagering advertising content in Australia; or

(b)the broadcast, datacast or provision on the online content service of the wagering advertising content occurs during a program that is classified:

(i)G under the Classification (Publications, Films and Computer Games) Act 1995; or

(ii)as a C program or P program under the Broadcasting Services (Australian Content and Children’s Television) Standards 2020; and

(c)the broadcast, datacast or provision on the online content service of the wagering advertising content occurs at any time during the period:

(i)beginning at 6 am and ending at 8:30 am; or

(ii)beginning at 4 pm and ending at 7 pm.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of broadcasting video on demand service, children and subscription video on demand service, see section 62B.

Note 3: The time of a broadcast or datacast is worked out by reference to section 62J. For working out time in relation to when content is provided on an online content service, see section 62JA.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing broadcasting, datacasting or provision of content on certain streaming services

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

Exception—dedicated racing or wagering program, channel or online content service

(3)Subsections (1) and (2) do not apply if the wagering advertising content is broadcast, datacast or provided on:

(a)a dedicated racing program, channel or online content service; or

(b)a dedicated wagering program, channel or online content service; or

(i)a dedicated racing program; or

(ii)a dedicated wagering program; or

(i)a dedicated racing program; or

(ii)a dedicated wagering program.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Note 3: For when a program, channel or online content service is dedicated to racing or wagering, see section 62E.

Relationship with other provisions

(4)To avoid doubt, this section applies in addition to sections 62P and 62Q.

(5)If conduct constitutes a contravention of subsection (1) and subsection 62UA(1), proceedings may be started against a person in relation to the contravention of either or both of those subsections. However, the person is not liable to more than one pecuniary penalty in relation to the same conduct.

Subdivision B · Other prohibitions and restrictions

62VProhibition on displaying wagering advertising content on uniforms and at sporting venues etc.#

Civil penalty provision—authorising or causing display of content

A licensed interactive wagering service provider contravenes this section if the licensed interactive wagering service provider authorises or causes:

(a)wagering advertising content to be displayed on:

(i)a uniform worn by an individual in Australia who is a participant or official in connection with a sporting event or an activity related to a sporting event; or

(ii)premises in connection with a sporting event or an activity related to a sporting event; and

(b)the display is available to or accessible by, or capable of being seen or heard by, the public or a section of the public.

Note 1: This section does not apply in relation to racing (see subsection 10A(3)). See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Note 2: Premises and section of the public have a meaning affected by section 62B.

Civil penalty: 1,000 penalty units.

62WProhibitions relating to notable people promoting wagering advertising content#

Civil penalty provision—entering into sponsorship contracts etc.

(1)A licensed interactive wagering service provider contravenes this subsection if:

(a)the licensed interactive wagering service provider makes a contract or arrangement, or arrives at an understanding; and

(b)the contract, arrangement or understanding relates to the sponsorship, participation or involvement of a notable person in connection with the promotion of wagering advertising content in Australia.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of notable person, see section 62F.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing broadcasting etc. of content

(2)A licensed interactive wagering service provider contravenes this subsection if the licensed interactive wagering service provider authorises or causes:

(a)either:

(i)wagering advertising content to be broadcast or datacast in Australia; or

(ii)wagering advertising content to be included in content provided in Australia on an online content service; and

(b)a notable person is featured or represented, or can be seen or heard, in connection with the promotion of the wagering advertising content.

Note 1 See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of notable person, see section 62F.

Civil penalty: 1,000 penalty units.

Exception—racing

(3)Subsections (1) and (2) do not apply if the sponsorship, participation or involvement of a notable person relates to the promotion of wagering advertising content that:

(a)relates solely or principally to racing; and

(b)is or will be:

(i)broadcast or datacast on a dedicated racing program or channel; or

(ii)provided on a dedicated racing online content service.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: For the meaning of racing, see section 62B. For when an online content service is dedicated to racing or wagering, see section 62E.

Separate contraventions

(4)A person who contravenes subsection (2) commits a separate contravention of that subsection in respect of each time that:

(a)wagering advertising content is broadcast, datacast or provided on an online content service; and

(b)a notable person is featured or represented, or can be seen or heard, in connection with the promotion of the wagering advertising content.

62XProhibition on the promotion of odds#

Civil penalty provision—authorising or causing broadcast or datacast of content

(1)A licensed interactive wagering service provider contravenes this subsection if:

(a)the licensed interactive wagering service provider authorises or causes the broadcast or datacast of wagering advertising content in Australia; and

(b)the wagering advertising content includes the promotion of odds.

Note: See section 62G for the meaning of odds and promotion of odds. This section does not apply in relation to racing (see paragraph 62G(a)).

Civil penalty: 1,000 penalty units.

Exception—dedicated wagering program or channel

(2)Subsection (1) does not apply if the broadcast or datacast of wagering advertising content is on a dedicated wagering program or channel.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Note 3: For when a program or channel is dedicated to wagering, see section 62E.

62YRestriction relating to wagering advertising content—representatives of wagering service providers#

Civil penalty provision—broadcasting, datacasting or providing content on online content service

(1)A person contravenes this subsection if:

(a)either:

(i)the person broadcasts or datacasts wagering advertising content in Australia; or

(ii)the person provides an online content service and wagering advertising content is provided in Australia on the online content service; and

(b)the broadcast, datacast or provision on the online content service of the wagering advertising content is in conjunction with live coverage of a sporting event; and

(c)the wagering advertising content includes a representative or official of a licensed interactive wagering service provider; and

(d)the representative or official:

(i)is not clearly identified; or

(ii)acts or functions as a commentator in relation to the sporting event; or

(iii)appears at or in the vicinity of the sporting event venue.

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing broadcasting, datacasting or provision of content on online content service

(2)A person must not authorise or cause wagering advertising content to be broadcast, datacast or included in content provided on an online content service, in contravention of subsection (1).

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

62ZRestriction relating to wagering advertising content——harmful or misleading material#

Civil penalty provision—broadcasting, datacasting or providing content on online content service

(1)A person contravenes this subsection if:

(a)either:

(i)the person broadcasts or datacasts wagering advertising content in Australia; or

(ii)the person is an online content service provider and wagering advertising content is provided in Australia on the online content service; and

(b)the wagering advertising content:

(i)is directed at children; or

(ii)portrays children as participating in wagering or gambling; or

(iii)portrays wagering or gambling as a family activity; or

(iv)makes exaggerated claims about wagering or gambling; or

(v)promotes wagering or gambling as a way to success or achievement; or

(vi)associates wagering or gambling with alcohol; or

(vii)is misleading; or

(viii)fails to include a responsible gambling message required by or under a law of the Commonwealth or a State or a Territory.

Civil penalty: 1,000 penalty units.

Civil penalty provision—authorising or causing broadcasting, datacasting or provision of content on online content service

(2)A person must not authorise or cause wagering advertising content to be broadcast, datacast or included in content provided on an online content service, in contravention of subsection (1).

Civil penalty: 1,000 penalty units.

Exception—circumstances outside control

(3)Subsections (1) and (2) do not apply if the contravention occurs because of circumstances that are outside the control of the person.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).

Division 6 · Miscellaneous

62ZAGeneral exception—conduct required by law etc.#

A person does not contravene a provision of this Part by engaging in conduct in relation to wagering advertising content if:

(a)the conduct is required by or under a law of the Commonwealth or a State or a Territory; or

(b)the conduct is in compliance with a judgment or order of a court; or

(c)the conduct is for the purposes of preventing or reducing a risk of fraud, theft or serious harm to one or more individuals.

Note: A person who wishes to rely on this section bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

62ZBGeneral exception—accidental conduct etc.#

A person does not contravene a provision of this Part by engaging in conduct in relation to wagering advertising content if:

(a)either of the following apply:

(i)the conduct is a result of a genuine error, mistake or accident;

(ii)if wagering advertising content is broadcast, datacast or provided on an online content service—the content is incidental to the broadcasting, datacasting or provision of other matter; and

(b)the person does not receive any direct or indirect benefit (whether financial or not) in connection with the conduct; and

(c)the person took reasonable precautions, and exercised due diligence, to avoid the conduct.

Note: A person who wishes to rely on this section bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

62ZCGeneral exception—journalism#

A person does not contravene a provision of this Part by engaging in conduct in relation to wagering advertising content if:

(a)the wagering advertising content is or relates to a news report, a current affairs report or a documentary; and

(b)the public interest in the conduct outweighs any likely adverse effect; and

(c)neither the person nor any other person receives a direct or indirect benefit (whether financial or not) in connection with the conduct from:

(i)a licensed interactive wagering service provider; or

(ii)a person associated with a licensed interactive wagering service provider; or

(iii)a related body corporate (within the meaning of the Corporations Act 2001) of a licensed interactive wagering service provider.

Note: A person who wishes to rely on this section bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

62ZDRecord keeping#

Civil penalty provision—keeping records about broadcasting, datacasting or providing content on online content services

(1)If:

(a)a person broadcasts or datacasts wagering advertising content in Australia; or

(b)a person is an online content service provider and wagering advertising content is provided in Australia on the online content service;

the person must keep and retain, for a period of 12 months after the wagering advertising content is broadcast, datacast or provided on the online content service, sufficient records to enable the person’s compliance with this Part to be readily ascertained.

Civil penalty: 500 penalty units.

Civil penalty provision—keeping records about sponsorship etc.

(2)If:

(a)a person (the first person) is a licensed interactive wagering service provider; and

(b)the first person makes a contract or arrangement, or arrives at an understanding, with another person; and

(c)the contract, arrangement or understanding relates to the sponsorship, participation or involvement of a notable person in connection with the promotion of wagering advertising content in Australia;

the first person must keep and retain, for a period of 3 years after the contract, arrangement or understanding is made or arrived at, a written record of the contract, arrangement or understanding.

Civil penalty: 500 penalty units.

ACMA may request records

(3)The ACMA may, by written notice given to a person who is subject to a requirement to keep and retain a record under subsection (1) or (2), request the person to make the record available to the ACMA.

Civil penalty provision—making records available

(4)A person contravenes this subsection if:

(a)the ACMA requests the person to make a record available to the ACMA; and

(b)the person fails to comply with the request.

Civil penalty: 120 penalty units.

62ZEAnti-avoidance#

(1)A person contravenes this subsection if:

(a)after the commencement of this section, the person, either alone or with one or more other persons or entities:

(i)enters into a scheme; or

(ii)begins to carry out a scheme; or

(iii)carries out a scheme; and

(b)the sole or dominant purpose of the scheme is to avoid the operation of one or more provisions of this Part in relation to the person or another person or entity.

(2)For the purposes of this section, a scheme is:

(a)any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

(b)any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

Civil penalty provision

(3)A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 7,500 penalty units.

(4)This section applies whether or not the scheme is entered into, begun to be carried out or carried out:

(a)in Australia; or

(b)outside Australia; or

(c)partly in Australia and partly outside Australia.

62ZFACMA may make advisory guidelines#

(1)The ACMA may make written guidelines for the purpose of providing guidance about the operation of this Part.

(2)The Minister may direct the ACMA to make guidelines under subsection (1).

(3)Guidelines made under subsection (1) are not a legislative instrument.

(4)Guidelines made under subsection (1) must be published on the ACMA’s website.

62ZGAdditional constitutional basis#

(1)Without limiting its effect apart from this section, this Part also has effect as provided by this section.

(2)This Part also has the effect it would have if each reference in this Part (other than in section 62F) to a person were, by express provision, confined to a person that is a corporation to which paragraph 51(xx) of the Constitution applies.

(3)This Part also has the effect it would have if each reference in this Part to a licensed interactive wagering service provider were, by express provision, confined to a licensed interactive wagering service provider that is a corporation to which paragraph 51(xx) of the Constitution applies.

62ZHImplied freedom of political communication#

(1)This Part does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

(2)Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Part.

62ZIFailure to broadcast, datacast, display or provide wagering advertising content not actionable if this Part would be contravened#

Civil proceedings do not lie against a person for refusing or failing to broadcast, datacast, display or provide on an online content service, wagering advertising content if the broadcast, datacast, display or provision on an online content service is prohibited by this Part.

62ZJAdditional conditions for licences under the Broadcasting Services Act 1992#

Commercial television broadcasting licence

(1)Each commercial television broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast wagering advertising content.

Commercial radio broadcasting licence

(2)Each commercial radio broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast wagering advertising content.

Community broadcasting licence

(3)Each community broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast wagering advertising content.

Subscription television broadcasting licence

(4)Each subscription television broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast wagering advertising content.

Provision of a broadcasting service under a class licence

(5)The provision by a person of a broadcasting service under a class licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast wagering advertising content.

Datacasting licence

(6)Each datacasting licence is subject to the condition that the licensee will not, in contravention of this Part, datacast wagering advertising content.

Definitions

(7)In this section:

class licence has the same meaning as in the Broadcasting Services Act 1992.

commercial radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

community broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

subscription television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

19 Before paragraph 64A(d)

Insert:

(cd)subsection 22A(4); or

20 At the end of section 64A

Add:

; or (x) subsection 62K(1); or

(xa)subsection 62K(3); or

(xb)subsection 62L(1); or

(xc)subsection 62L(3); or

(xd)subsection 62M(1); or

(xe)subsection 62M(2); or

(xf)subsection 62N(1); or

(xg)subsection 62N(2); or

(xh)subsection 62P(1); or

(xi)subsection 62P(7); or

(xj)subsection 62Q(1); or

(xk)subsection 62Q(4); or

(xl)subsection 62R(1); or

(xm)subsection 62R(3); or

(xma)subsection 62RA(1); or

(xmb)subsection 62RA(3); or

(xmc)subsection 62SA(2); or

(xmd)subsection 62SC(1); or

(xme)subsection 62SC(2); or

(xmf)subsection 62SD(1); or

(xmg)subsection 62SD(2); or

(xn)subsection 62T(1); or

(xna)subsection 62UA(1); or

(xnb)subsection 62UA(2); or

(xnc)subsection 62UB(1); or

(xnd)subsection 62UB(2); or

(xo)section 62V; or

(xp)subsection 62W(1); or

(xq)subsection 62W(2); or

(xr)subsection 62X(1); or

(xs)subsection 62Y(1); or

(xt)subsection 62Y(2); or

(xu)subsection 62Z(1); or

(xv)subsection 62Z(2); or

(xw)subsection 62ZD(1); or

(xx)subsection 62ZD(2); or

(xy)subsection 62ZD(4); or

(xz)subsection 62ZE(3).

21 Before paragraph 64C(1)(d)

Insert:

(cd)subsection 22A(4);

22 At the end of subsection 64C(1) (before the note)

Add:

; (x) subsection 62K(1);

(xa)subsection 62K(3);

(xb)subsection 62L(1);

(xc)subsection 62L(3);

(xd)subsection 62M(1);

(xe)subsection 62M(2);

(xf)subsection 62N(1);

(xg)subsection 62N(2);

(xh)subsection 62P(1);

(xi)subsection 62P(7);

(xj)subsection 62Q(1);

(xk)subsection 62Q(4);

(xl)subsection 62R(1);

(xm)subsection 62R(3);

(xma)subsection 62RA(1);

(xmb)subsection 62RA(3);

(xmc)subsection 62SA(2);

(xmd)subsection 62SC(1);

(xme)subsection 62SC(2);

(xmf)subsection 62SD(1);

(xmg)subsection 62SD(2);

(xn)subsection 62T(1);

(xna)subsection 62UA(1);

(xnb)subsection 62UA(2);

(xnc)subsection 62UB(1);

(xnd)subsection 62UB(2);

(xo)section 62V;

(xp)subsection 62W(1);

(xq)subsection 62W(2);

(xr)subsection 62X(1);

(xs)subsection 62Y(1);

(xt)subsection 62Y(2);

(xu)subsection 62Z(1);

(xv)subsection 62Z(2);

(xw)subsection 62ZD(1);

(xx)subsection 62ZD(2);

(xy)subsection 62ZD(4);

(xz)subsection 62ZE(3).

(xza)subsection 62ZQ(1);

(xzb)subsection 62ZQ(2);

(xzc)subsection 62ZR(1);

(xzd)subsection 62ZS(1);

(xzda)subsection 62ZSA(1);

(xze)section 62ZT;

(xzf)subsection 62ZU(1);

(xzg)subsection 62ZU(2);

(xzh)subsection 62ZU(3);

(xzi)subsection 62ZV(3).

23 Before paragraph 64D(1)(d)

Insert:

(cd)subsection 22A(4);

24 At the end of subsection 64D(1) (before the note)

Add:

; (x) subsection 62K(1);

(xa)subsection 62K(3);

(xb)subsection 62L(1);

(xc)subsection 62L(3);

(xd)subsection 62M(1);

(xe)subsection 62M(2);

(xf)subsection 62N(1);

(xg)subsection 62N(2);

(xh)subsection 62P(1);

(xi)subsection 62P(7);

(xj)subsection 62Q(1);

(xk)subsection 62Q(4);

(xl)subsection 62R(1);

(xm)subsection 62R(3);

(xma)subsection 62RA(1);

(xmb)subsection 62RA(3);

(xmc)subsection 62SA(2);

(xmd)subsection 62SC(1);

(xme)subsection 62SC(2);

(xmf)subsection 62SD(1);

(xmg)subsection 62SD(2);

(xn)subsection 62T(1);

(xna)subsection 62UA(1);

(xnb)subsection 62UA(2);

(xnc)subsection 62UB(1);

(xnd)subsection 62UB(2);

(xo)section 62V;

(xp)subsection 62W(1);

(xq)subsection 62W(2);

(xr)subsection 62X(1);

(xs)subsection 62Y(1);

(xt)subsection 62Y(2);

(xu)subsection 62Z(1);

(xv)subsection 62Z(2);

(xw)subsection 62ZD(1);

(xx)subsection 62ZD(2);

(xy)subsection 62ZD(4);

(xz)subsection 62ZE(3).

(xza)subsection 62ZQ(1);

(xzb)subsection 62ZQ(2);

(xzc)subsection 62ZR(1);

(xzd)subsection 62ZS(1);

(xzda)subsection 62ZSA(1);

(xze)section 62ZT;

(xzf)subsection 62ZU(1);

(xzg)subsection 62ZU(2);

(xzh)subsection 62ZU(3);

(xzi)subsection 62ZV(3).

25 After section 69

Insert:

69AAAcquisition of property#

A provision of this Act does not apply to the extent that the operation of the provision 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).

Part 2 · Consequential amendments and repeals

Australian Communications and Media Authority Act 2005 #

26 Paragraph 10(1)(ma)

Repeal the paragraph.

Broadcasting Services Act 1992 #

27 Paragraphs 3(1)(hb) and (ia)

Repeal the paragraphs.

28 Subsection 3(2)

Repeal the following definitions:

(a)definition of gambling promotional content;

(b)definition of online content service;

(c)definition of online content service provider.

29 Subsection 4(3AB)

Repeal the subsection.

30 Subsection 4(4)

Repeal the following definitions:

(a)definition of gambling promotional content;

(b)definition of online content service provider.

31 Section 6 (definition of gambling promotion program standard)

Repeal the definition.

32 Section 6 (definition of program standards)

Omit “, and includes a gambling promotion program standard”.

33 Section 125A

Repeal the section.

34 Subsection 204(1) (table items dealing with subclause 15(1) or (2) of Schedule 8, subclause 15(3) or 15(4) of Schedule 8 and subclause 26(2) of Schedule 8)

Repeal the items.

35 Subsections 204(3) to (5)

Repeal the subsections.

36 Subsections 205F(4) and (5)

Omit “or subclause 25(1) or 26(4) of Schedule 8”.

37 Subsections 205F(5C) and (5D)

Repeal the subsections.

38 Paragraph 205ZA(1)(aa)

Repeal the paragraph.

39 Part 1 of Schedule 8 (heading)

Repeal the heading.

40 Clause 1 of Schedule 8

Repeal the clause.

41 Clause 2 of Schedule 8

Repeal the following definitions:

(a)definition of account;

(b)definition of bet;

(c)definition of commentator betting odds promotion;

(d)definition of conclusion;

(e)definition of coverage;

(f)definition of gambling promotional content;

(g)definition of gambling service;

(h)definition of gambling service provider;

(i)definition of game;

(j)definition of in conjunction with;

(k)definition of live;

(l)definition of lottery;

(m)definition of online content service provider rules;

(n)definition of representative venue-based promotion;

(o)definition of scheduled start;

(p)definition of service;

(q)definition of sporting event;

(r)definition of ticket.

42 Subclause 4(3) of Schedule 8

Omit “; that is not gambling promotional content”.

43 Parts 2 to 6 of Schedule 8

Repeal the Parts.

Broadcasting Services (Online Content Service Provider Rules) 2018 #

44 The whole of the instrument

Repeal the instrument.

Online Safety Act 2021 #

45 Section 231

Repeal the section, substitute:

231This Act does not limit the Interactive Gambling Act 2001#

This Act does not limit the operation of the Interactive Gambling Act 2001.

Privacy Act 1988 #

46 At the end of subsection 33C(1)

Add:

; (h) whether personal information is being maintained and handled in accordance with Divisions 3 and 4 of Part 7C of the Interactive Gambling Act 2001.

47 Paragraph 7.8(aa) of Schedule 1

After “Part 7B”, insert “and subsection 62P(2)”.

Schedule 2 · Disruption of illegal gambling services

Part 1 · Blocking financial transactions

Australian Communications and Media Authority Act 2005 #

1 After section 59DB

Insert:

59DCDisclosure of information about transfer of funds related to designated interactive gambling services#

An ACMA official authorised, in writing, by the Chair for the purposes of this section, may disclose authorised disclosure information if the disclosure:

(a)is to a person that is:

(i)a body corporate that is an authorised deposit-taking institution for the purposes of the Banking Act 1959; or

(ii)a participant (within the meaning of the Payment Systems (Regulation) Act 1998) in a payment system (within the meaning of that Act); and

(b)is for the purposes of assisting the person to comply with a requirement under section 15J of the Interactive Gambling Act 2001.

Note 1: Section 15J of the Interactive Gambling Act 2001 is about preventing the transfer of funds related to designated interactive gambling services.

Note 2: This section constitutes an authorisation for the purposes of the Privacy Act 1988.

Interactive Gambling Act 2001 #

2 Section 3 (after paragraph (cb))

Insert:

(cc) ADIs and participants in payment systems must prevent the transfer of funds that are related to designated interactive gambling services in certain circumstances;

3 After Part 2B

Insert:

Part 2C · Transfer of funds related to designated interactive gambling services not to be facilitated

Division 1 · Preliminary

15GSimplified outline of this Part#

ADIs and participants in payment systems must prevent the transfer of funds that are related to designated interactive gambling services in certain circumstances.

15HDefinitions#

In this Part:

funds includes, but is not limited to, the following:

(a)money;

(b)digital units of value, including digital currency (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999).

Division 2 · Preventing transfer of funds related to designated interactive gambling services

15JPreventing transfer of funds related to designated interactive gambling services#

When this section applies

(1)This section applies in relation to a person who is:

(a)an ADI (within the meaning of the Banking Act 1959); or

(b)a participant (within the meaning of the Payment Systems (Regulation) Act 1998) in a payment system (within the meaning of that Act);

but does not include a person, or a person included in a class of persons, determined by the Minister under subsection (3).

Note: ADI is short for authorised deposit-taking institution.

Civil penalty provision

(2)The person must prevent, so far as it is reasonably practicable to do so, a payment from being made, or funds transferred, where to do so would result in a payment or transfer of funds:

(a)for, or in connection with, the provision of a designated interactive gambling service; and

(b)from an account held in Australia to any of the following persons:

(i)a designated interactive gambling service provider;

(ii)a person associated with a designated interactive gambling service provider;

(iii)a related body corporate (within the meaning of the Corporations Act 2001) of a designated interactive gambling service provider;

(iv)a person acting for, or on behalf of, a designated interactive gambling service provider.

Civil penalty: 1,000 penalty units.

Exempted persons

(3)The Minister may, by legislative instrument, determine a person, or a class of persons, for the purposes of subsection (1).

Protection from liability

(4)A person (the first person) to whom subsection (1) applies is not liable in a civil action or civil proceeding for taking action to prevent a payment being made or funds transferred to a person described in subparagraphs (2)(b)(i) to (iv), if the action:

(a)is taken for the purposes of complying with subsection (2); and

(b)is taken in good faith; and

(c)is reasonably proportionate to the information that would reasonably be expected to be available to the first person about the payment or transfer of funds; and

(d)is taken promptly during the period:

(i)starting on the day that the first person reasonably believes that the payment or transfer of funds would meet the circumstances set out in paragraphs (2)(a) and (b); and

(ii)ending when the first person reasonably believes that the payment or transfer of funds would not meet those circumstances, or after 28 days, whichever is the earlier; and

(e)if, at a particular time, the first person determines that the payment or transfer of funds would not meet the circumstances set out in paragraphs (2)(a) and (b)—is reversed:

(i)promptly, and no later than 28 days after that time; and

(ii)if it is reasonably practicable to do so.

15KACMA may make advisory guidelines about transfer of funds related to designated interactive gambling services#

(1)The ACMA may make written guidelines for the purpose of providing guidance about what is, or what is not, reasonably practicable for the purposes of subsection 15J(2).

(2)Guidelines made under subsection (1) are not a legislative instrument.

(3)Guidelines made under subsection (1) must be published on the ACMA’s website.

Division 3 · Miscellaneous

15LAdditional constitutional basis#

(1)Without limiting its effect apart from this section, this Part also has effect as provided by this section.

(2)This Part also has the effect it would have if each reference in this Part to a person were, by express provision, confined to a person who is a corporation to which paragraph 51(xx) of the Constitution applies.

4 After paragraph 16(ba)

Insert:

(bb)Part 2C; or

5 After subparagraph 21(1)(a)(iia)

Insert:

(iib)Part 2C; or

6 After paragraph 64A(cb)

Insert:

(cc)subsection 15J(2);

7 After paragraph 64C(1)(cb)

Insert:

(cc)subsection 15J(2);

8 After paragraph 64D(1)(cb)

Insert:

(cc)subsection 15J(2);

Part 2 · Illegal gambling advertising

Interactive Gambling Act 2001 #

8A Section 4

Insert:

social media service has the same meaning as in the Online Safety Act 2021.

9 Section 61AA

Insert:

published, in relation to an online content service, has a meaning affected by section 61AB.

10 After section 61AA

Insert:

61ABPublishing online content in Australia#

A designated interactive gambling service advertisement that is included or provided on an online content service is taken to be published in Australia if the online content service is accessed, or is available for access, by an end-user in Australia.

10A After subsection 61EA(1A)

Insert:

(1B)Subsection (1A) does not apply to a person if subsection (4) applies to the person.

10B After subsection 61EA(2A)

Insert:

(2B)Subsection (2A) does not apply to a person if subsection (4) applies to the person.

11 Subsection 61EA(3)

Repeal the subsection.

11A At the end of section 61EA

Add:

Publishing on social media

(4)A person must not publish, or authorise or cause to be published, a designated interactive gambling service advertisement in Australia if:

(a)the person provides an online content service; and

(b)the publication is on the online content service; and

(c)the online content service is a social media service.

Note: For when a designated interactive gambling service advertisement included or provided on an online content service is taken to be published in Australia, see section 61AB.

Civil penalty: 5,000 penalty units.

Exception

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

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

11B After paragraph 64C(1)(i)

Insert:

(ia)subsection 61EA(4);

11C After paragraph 64D(1)(i)

Insert:

(ia)subsection 61EA(4);

Part 3 · Preventing the use of infrastructure etc. for illegal gambling

Interactive Gambling Act 2001 #

12 Section 3 (after paragraph (b))

Insert:

(ba) infrastructure etc. must not be used in connection with the provision of designated interactive gambling services;

13 At the end of Part 2

Add:

15ABPreventing the use of infrastructure etc. in connection with designated interactive gambling services#

When this section applies

(1)This section applies in relation to a person who is:

(a)an internet service provider; or

(b)a domain name system provider; or

(c)an app distribution service provider; or

(d)an internet search engine service provider;

but does not apply in relation to a person, or a person included in a class of persons, determined by the Minister under subsection (4).

Note: For the meanings of internet service provider and app distribution service provider see section 4.

Civil penalty

(2)Subject to subsection (3), the person must prevent so far as it is reasonably practicable to do so, any of the following from being used in connection with the provision of, or access to, a designated interactive gambling service with an Australian-customer link:

(a)infrastructure and facilities operated or controlled by the person;

(b)services provided by the person.

Note: For Australian-customer link, see section 8.

Civil penalty: 1,000 penalty units.

(3)Subsection (2) only applies to the extent that the infrastructure and facilities are operated or controlled, or the services are provided, by the person in their capacity as a provider mentioned in paragraph (1)(a), (b), (c) or (d) (as the case may be).

Exempt persons

(4)The Minister may, by legislative instrument, determine a person, or a class of persons, for the purposes of subsection (1).

Separate contraventions

(5)A person who contravenes subsection (2) commits a separate contravention of that subsection in respect of each time that infrastructure or a facility is used, or a service is provided, in connection with the provision of, or access to, a designated interactive gambling service.

Meaning of domain name system provider

(6)In this section, domain name system provider means a person who provides a service relating to domain names.

15ACACMA may make advisory guidelines about preventing use of infrastructure etc.#

(1)The ACMA may make written guidelines for the purpose of providing guidance about what is, or is not, reasonably practicable for the purposes of subsection 15AB(2).

(2)Guidelines made under subsection (1) are not a legislative instrument.

(3)Guidelines made under subsection (1) must be published on the ACMA’s website.

15ADAdditional constitutional basis#

(1)Without limiting its effect apart from this section, this Part also has effect as provided by this section.

14 After paragraph 64A(b)

Insert:

(ba)subsection 15AB(2);

15 After paragraph 64C(1)(b)

Insert:

(ba)subsection 15AB(2);

16 After paragraph 64D(1)(b)

Insert:

(ba)subsection 15AB(2);

Part 4 · Enforcement powers

Interactive Gambling Act 2001 #

17 Section 3

After:

• The ACMA must notify prohibited internet gambling content to internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard.

insert:

• The ACMA may issue a notice to a person to remove a designated interactive gambling service advertisement from an online content service.

• The ACMA may also issue a notice to a hosting service provider to cease hosting a designated interactive gambling service.

18 Section 4 (definition of unlicensed regulated interactive gambling service)

Omit “in contravention of subsection 15AA(3)”, substitute “without a licence (however described) under a law of a State or Territory that authorises the provision of that kind of service in the State or Territory”.

19 Section 61AA (after the heading)

Insert:

Note: Other definitions are set out in section 4 of this Act, including the following:

(a) app distribution service;

(b) app distribution service provider;

(d) online content service provider.

20 Section 61AA

Insert:

app removal notice means a notice given under section 61EN.

hosting service provider has the same meaning as in the Online Safety Act 2021.

link deletion notice means a notice given under section 61EL.

removal notice means a notice under:

(a)section 61EH; or

(b)section 61EI; or

(c)section 61EJ; or

(d)section 61EJA.

removed, from an online content service, has the meaning given by section 61EG.

21 Paragraph 61CA(1)(a)

Repeal the paragraph, substitute:

(a)the person includes or provides the advertisement, or something that contains the advertisement, on an online content service;

22 After Division 5 of Part 7A

Insert:

Division 5A · Removal notices

61EGWhen a designated interactive gambling service advertisement is removed from an online content service#

For the purposes of this Part, a designated interactive gambling service advertisement is removed from an online content service if the advertisement is neither accessible to, nor delivered to, any of the end-users in Australia using the service.

61EHRemoval notice given to an online content service provider#

(1)If a designated interactive gambling service advertisement is, or has been, published in Australia on an online content service, the ACMA may give the online content service provider a written notice (a removal notice) requiring the provider to:

(a)take all reasonable steps to ensure the removal of the advertisement from the service; and

(b)do so within:

(i)24 hours after the notice was given to the provider; or

(ii)such longer period as the ACMA allows.

(2)So far as is reasonably practicable, the advertisement must be identified in the removal notice in a way that is sufficient to enable the online content service provider to comply with the notice.

61EIRemoval notice given to an end-user#

(1)If:

(a)a designated interactive gambling service advertisement is, or has been, published in Australia on an online content service; and

(b)the advertisement was published on the service by a particular end-user of the service;

the ACMA may give the end-user a written notice (a removal notice) requiring the end-user to:

(c)take all reasonable steps to ensure the removal of the advertisement from the service; and

(d)do so within:

(i)24 hours after the notice was given to the end-user; or

(ii)such longer period as the ACMA allows.

(2)So far as is reasonably practicable, the advertisement must be identified in the removal notice in a way that is sufficient to enable the end-user of the online content service to comply with the notice.

61EJRemoval notice given to a hosting service provider—advertisements#

(1)If a designated interactive gambling service advertisement is, or has been, published in Australia on an online content service, the ACMA may give the hosting service provider a written notice (a removal notice) requiring the provider to:

(a)take all reasonable steps to cease hosting the advertisement; and

(b)do so within:

(i)24 hours after the notice was given to the provider; or

(ii)such longer period as the ACMA allows.

(2)So far as is reasonably practicable, the advertisement must be identified in the removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice.

61EJARemoval notice given to a hosting service provider—designated interactive gambling services#

(1)If:

(a)a designated interactive gambling service is, or has been, provided on an online content service; and

(b)the designated interactive gambling service is hosted by a hosting service provider;

the ACMA may give the hosting service provider a written notice (a removal notice) requiring the provider to:

(c)take all reasonable steps to cease hosting the designated interactive gambling service; and

(d)do so within:

(i)24 hours after the notice was given to the provider; or

(ii)such longer period as the ACMA allows.

(2)So far as is reasonably practicable, the designated interactive gambling service must be identified in the removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice.

(3)For the purposes of this section, a designated interactive gambling service ceases being hosted if the service is neither accessible to, nor delivered to, any end-users in Australia.

61EKCompliance with removal notice#

A person must comply with a requirement under a removal notice given under section 61EH, 61EI, 61EJ or 61EJA to the extent that the person is capable of doing so.

Civil penalty: 1,000 penalty units.

61ELLink deletion notice#

(1)If end-users in Australia can access a designated interactive gambling service using a link published in Australia by an internet search engine service provider, the ACMA may give the provider a written notice (a link deletion notice) requiring the provider to:

(a)cease providing a link to the designated interactive gambling service; and

(b)do so within:

(i)24 hours after the notice was given to the provider; or

(ii)such longer period as the ACMA allows.

(2)So far as is reasonably practicable, the link to the designated interactive gambling service must be identified in the link deletion notice in a way that is sufficient to enable the internet search engine service provider to cease providing a link to the material.

(3)The link deletion notice may also require the internet search engine service provider to:

(a)notify the ACMA that the provider has ceased to provide a link to the designated interactive gambling service; and

(b)do so as soon as practicable after the cessation.

61EMCompliance with link deletion notice#

A person must comply with a requirement under a link deletion notice to the extent that the person is capable of doing so.

Civil penalty: 1,000 penalty units.

61ENApp removal notice#

(1)If an app distribution service enables end-users in Australia to download an app that is associated with and facilitates the use of a designated interactive gambling service, the ACMA may give the app distribution service provider a written notice (an app removal notice) requiring the provider to:

(a)cease enabling end-users in Australia to download the app using the service; and

(b)do so within:

(i)24 hours after the notice was given to the provider; or

(ii)such longer period as the ACMA allows.

(2)So far as is reasonably practicable, the app must be identified in the app removal notice in a way that is sufficient to enable the app distribution service provider to comply with the notice.

(3)The app removal notice may also require the app distribution service provider to:

(a)notify the ACMA that the provider has ceased to enable end-users in Australia to download the app; and

(b)do so as soon as practicable after the cessation.

61EOCompliance with app removal notice#

A person must comply with a requirement under an app removal notice to the extent that the person is capable of doing so.

Civil penalty: 1,000 penalty units.

23 After paragraph 64A(i)

Insert:

(iaa)section 61EK; or

(iab)section 61EM; or

(iac)section 61EO; or

24 After paragraph 64C(1)(i)

Insert:

(iaa)section 61EK;

(iab)section 61EM;

(iac)section 61EO;

25 After subsection 64C(1)

Insert:

Amount payable under an infringement notice

(1A)Despite subsections 104(2) and (3) of the Regulatory Powers Act, the amount to be stated in an infringement notice given to a person for the purposes of paragraph 104(1)(f) of that Act in relation to a provision mentioned in subsection (1) of this section is the following:

(a)if the notice relates to only one alleged contravention of the provision by the person—one-fifth of the maximum penalty that a court could impose on the person for the contravention;

(b)if the notice relates to more than one alleged contravention of the provision by the person—one-fifth of the amount worked out by adding together the maximum penalty that a court could impose on the person for each alleged contravention.

26 After paragraph 64D(1)(i)

Insert:

(iaa)section 61EK;

(iab)section 61EM;

(iac)section 61EO;

Schedule 3 · BetStop

Interactive Gambling Act 2001 #

1 Section 61GB (definition of name)

Omit all the words after “in relation to an individual,”, substitute “means the individual’s full name”.

2 Section 61GB (definition of qualified counsellor)

Repeal the definition, substitute:

qualified counsellor means:

(a)an individual who is a member of:

(i)the Psychotherapy and Counselling Federation of Australia; or

(ii)the Australian Counselling Association; or

(b)an individual prescribed by the Register rules.

3 Section 61GB (definition of Register operator)

Repeal the definition, substitute:

Register operator has the meaning given by subsection 61HA(9).

4 Paragraph 61GE(1)(b)

After “electronic address”, insert “, identifier or endpoint”.

5 Subparagraph 61GE(1)(b)(iv)

Repeal the subparagraph, substitute:

(iv)a device, application or software (including by way of a push notification); or

(v)any similar account, service or technology.

6 At the end of subsection 61GF(1)

Add:

; or (g) to make any other communication that is not required for the purposes of:

(i)court or tribunal proceedings; or

(ii)complying with a law of the Commonwealth, a State or a Territory.

7 Subsection 61GF(2)

Omit “(e) and (f)”, substitute “(e), (f) and (g)”.

8 At the end of subsection 61GG(1)

Add:

; or (h) to make any other communication that is not required for the purposes of:

(i)court or tribunal proceedings; or

(ii)complying with a law of the Commonwealth, a State or a Territory.

9 Subsection 61GG(2)

Omit “(f) and (g)”, substitute “(f), (g) and (h)”.

10 Subsection 61HA(1)

Omit “arrange for a body corporate (the Register operator)”, substitute “keep, or arrange for a body corporate”.

11 At the end of section 61HA

Add:

(8)The Minister may, by notifiable instrument, substitute a Department, agency or authority of the Commonwealth for the ACMA for the purposes of this section.

(9)The person or body that operates the National Self-exclusion Register is the Register operator.

12 Subsection 61JD(1) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

13 Subsection 61JD(2) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

14 Subsection 61JD(3) (penalty)

Omit “60 penalty units”, substitute “250 penalty units”.

15 Subsection 61JD(4) (penalty)

Omit “90 penalty units”, substitute “375 penalty units”.

16 Section 61JK (heading)

Repeal the heading, substitute:

61JKApplication for deregistration#

17 Subsection 61JK(2)

Omit “, unless the individual was previously registered before that time”.

18 Before subsection 61JK(5)

Insert:

Informing nominated support person

19 Paragraphs 61JK(5)(c) to (e)

Repeal the paragraphs, substitute:

(c)inform the nominated support person that the application:

(i)has been made; and

(ii)can be withdrawn by the registered individual at any time before the registered individual confirms the application; and

(d)if the application is withdrawn by the registered individual before the registered individual confirms the application—notify the nominated support person of the withdrawal.

20 Subsection 61JK(6)

Repeal the subsection.

21 After section 61JK

Insert:

61JKADeregistration—confirmation of application#

Confirming applications

(1)A registered individual who has applied for removal of the individual’s entry from the National Self-exclusion Register may confirm the application.

(2)However, the application may be confirmed only after the period of 7 days after the day on which the application was made.

(3)The confirmation must be made:

(a)in writing; and

(b)in accordance with the Register rules.

Deregistration

(4)If the application is confirmed, the Register operator must:

(a)remove the registered individual’s entry from the National Self-exclusion Register; and

(b)do so within the period (if any) prescribed by the Register rules; and

(c)if the registered individual has a nominated support person—notify the nominated support person of the removal.

22 Section 61JM

Before “The Register operator”, insert “(1)”.

23 At the end of section 61JM

Add:

(2)For the purposes of this section, an individual is not ordinarily resident in Australia unless the individual:

(a)is a permanent resident within the meaning of the Australian Citizenship Act 2007; or

(b)has resided in Australia for 200 or more days in at least 3 of the past 5 calendar years.

24 Subsection 61JP(3) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

25 Subsection 61JP(5) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

26 After paragraph 61KA(1)(c)

Insert:

; and (d) the individual uses the service to place, make, receive or accept a bet.

27 Subsections 61KA(2) to (4)

Repeal the subsections, substitute:

Civil penalty provision

(2)A licensed interactive wagering service provider who provides a licensed interactive wagering service must not allow a registered individual to use the service to place, make, receive or accept a bet.

Civil penalty: 750 penalty units.

28 Subsection 61KA(5)

Omit “and (3)”, substitute “and (2)”.

29 Subsection 61KA(5) (note 3)

Omit “subsection (3)”, substitute “subsection (2)”.

30 Subsection 61LA(1) (heading)

Omit “—knowledge of provider”.

31 Paragraph 61LA(1)(c)

Omit “known by the person to be”.

32 Subsection 61LA(1) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

33 Subsection 61LA(2) (heading)

Omit “—knowledge of provider”.

34 Subsection 61LA(2)

Omit “known by the provider to be”.

35 Subsection 61LA(2) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

36 Subsections 61LA(3) to (5)

Repeal the subsections.

37 Subsection 61LA(6)

Omit “Subsections (1), (2), (3) and (4)”, substitute “Subsections (1) and (2)”.

38 Subsection 61LA(6) (note 3)

Omit “or (4)”.

39 Subsection 61LA(7)

Omit “or (3)”.

40 Subsection 61LB(1) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

41 Subsection 61LB(2) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

42 Subsection 61LC(1) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

43 Subsection 61LC(2) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

44 Subsection 61LD(1) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

45 Subsection 61LD(2) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

46 Subsection 61MA(1) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

47 Subsection 61MA(2) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

48 Section 61MB (heading)

Omit “—no outstanding or pending bets”.

49 Paragraph 61MB(1)(b)

Repeal the paragraph, substitute:

(b)the individual has a licensed interactive wagering service account with a licensed interactive wagering service provider;

50 Paragraphs 61MB(1)(c) to (e)

Repeal the paragraphs, substitute:

(c)the provider must, as soon as practicable, and within 7 days:

(i)close the account; and

(ii)do so in accordance with any requirements prescribed by the Register rules; and

(d)if the account has a credit balance (including arising from the resolution of any outstanding or pending bets)—the provider must, as soon as practicable, pay the individual an amount equal to the credit balance; and

51 Subsection 61MB(2)

Repeal the subsection, substitute:

(2)Subsection (1) does not prevent the licensed interactive wagering service provider from:

(a)recovering debts that could lawfully be recovered by way of deduction from the account; or

(b)opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

52 Subsection 61MB(3) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

53 Paragraph 61MB(5)(b)

Repeal the paragraph, substitute:

(b)the individual has a licensed interactive wagering service account with a licensed interactive wagering service provider;

54 Paragraphs 61MB(5)(c) to (e)

Repeal the paragraphs, substitute:

(c)the provider must, as soon as practicable, and within 7 days:

(i)close the account; and

(ii)do so in accordance with any requirements prescribed by the Register rules; and

55 Subsection 61MB(5) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

56 Subsection 61MB(6)

Repeal the subsection, substitute:

(6)Subsection (5) does not prevent the licensed interactive wagering service provider from:

(a)recovering debts that could lawfully be recovered by way of deduction from the account; or

(b)opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.

57 Section 61MC

Repeal the section, substitute:

61MCUse of account information after closure#

(1)This section applies if:

(a)an individual had one or more licensed interactive wagering service accounts with a licensed interactive wagering service provider; and

(b)one or more of those accounts were closed under section 61MB because the individual became a registered individual; and

(c)the individual ceases to be a registered individual; and

(d)the individual opens another licensed interactive wagering service account with the licensed interactive wagering service provider.

(2)The licensed interactive wagering service provider must:

(a)take reasonable steps to ensure that all accounts the individual has or had with the service provider are linked in order to retain access to information about the individual’s use of the wagering service; and

(b)do so in accordance with any requirements prescribed by the Register rules.

(3)Information available from the linking of the accounts may be used for the following purposes:

(a)harm minimisation;

(b)compliance with obligations under this Act;

(c)risk identification and management.

Offence

(4)A person commits an offence if:

(a)the person engages in conduct; and

(b)the person’s conduct contravenes subsection (2).

Penalty: 500 penalty units.

Civil penalty provision

(5)A licensed interactive wagering service provider must not contravene subsection (2).

Civil penalty: 750 penalty units.

Retaining information

(6)This section:

(a)does not require a licensed interactive wagering service provider to retain account information for more than 3 years; but

(b)does not limit any other law of the Commonwealth, a State or a Territory.

58 Subsection 61NB(1) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

59 Subsection 61NB(2) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

60 At the end of subsection 61NB(4)

Add:

; or (g) for the purposes of notifying or responding to law enforcement or emergency services in circumstances where it is necessary to protect the health and safety of an individual.

61 Subsection 61NB(7)

Omit “personal” (wherever occurring).

61A Section 61NC (heading)

Omit “the National Self-exclusion Register”, substitute “National Self-exclusion Register information”.

61B Subsection 61NC(1)

Omit “individuals are registered individuals as at the time when the request is made.”, substitute:

individuals:

(a)are registered individuals as at the time the request is made; or

(b)ceased to be registered individuals in the period of 90 days prior to the day the request is made.

62 After subsection 61NC(2)

Insert:

(2A)A licensed interactive wagering service provider commits an offence if the service provider:

(a)makes a request under subsection (1); and

(b)fails to comply with Register rules made for the purposes of paragraph (2)(b).

Penalty: 500 penalty units.

(2B)A licensed interactive wagering service provider who makes a request under subsection (1) must not fail to comply with Register rules made for the purposes of paragraph (2)(b).

Civil penalty: 750 penalty units.

63 Subsection 61NC(7) (penalty)

Omit “120 penalty units”, substitute “500 penalty units”.

64 Subsection 61NC(9) (penalty)

Omit “180 penalty units”, substitute “750 penalty units”.

65 Subsection 61NC(11)

Omit “subsection (7)”, substitute “subsection (2A) or (7)”.

66 Before section 61QA

Insert:

61PDAInformation to be provided to the Register operator#

(1)This section applies if a person:

(a)provides, or intends to provide, a regulated interactive gambling service; and

(b)does so, or intends to do so, under a licence (however described) granted under a law of a State or Territory that authorises the provision of the service.

(2)The person must notify the Register operator if any of the following occurs:

(a)the licence is granted;

(b)the person commences to operate the service;

(c)the person ceases to operate the service;

(d)the licence is suspended, cancelled or otherwise ceases to have effect.

(3)The notification must be in accordance with any requirements prescribed by the Register rules.

Offence

(4)A person commits an offence if:

(a)the person engages in conduct; and

(b)the person’s conduct contravenes subsection (2) or (3).

Penalty: 500 penalty units.

(5)A person who contravenes subsection (2) commits a separate offence in respect of each day (including a day of conviction for the offence or any later day) during which the contravention continues.

Civil penalty provision

(6)A licensed interactive wagering service provider must not contravene subsection (2) or (3).

Civil penalty: 750 penalty units.

(7)A person who contravenes subsection (2) commits a separate contravention of that subsection in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

Exception

(8)Subsection (4) or (6) does not apply if the contravention occurred in circumstances prescribed by the Register rules.

Note 1: In a prosecution for an offence against subsection (4), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Note 2: In proceedings for a civil penalty order for a contravention of subsection (6), 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

(9)Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (4).

61PDBRecords relating to regulated electronic messages#

(1)A licensed interactive wagering service provider must maintain a record of each regulated electronic message that the provider has sent, or has caused to be sent, to the electronic address of an individual.

(2)The record must include:

(a)the regulated electronic message; and

(b)details of when the regulated electronic message was sent, or caused to be sent, to the electronic address of the individual; and

(c)if the individual has or had a licensed interactive wagering service account with the provider—details of the history of the account of the individual, including when the account was opened and closed and the reasons for closing the account, if available; and

(d)any other matter prescribed by the Register rules.

(3)The record must be kept in accordance with any requirements prescribed by the Register rules.

(4)The ACMA may, by written notice given to the provider, request the provider to give the ACMA the record.

(5)If the ACMA makes the request, the provider must give the record to the ACMA within any period specified in the request.

Civil penalty provision

(6)A licensed interactive wagering service provider must not contravene subsection (1), (2), (3) or (5).

Civil penalty: 500 penalty units.

(7)A person who contravenes subsection (5) commits a separate contravention of that subsection in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

Retaining records

(8)This section:

(a)does not require a licensed interactive wagering service provider to retain the record for more than 3 years; but

(b)does not limit any other law of the Commonwealth, a State or a Territory.

67 Paragraph 64A(m)

Omit “61KA(3)”, substitute “61KA(2)”.

68 Paragraph 64A(o)

Repeal the paragraph.

69 After paragraph 64A(v)

Insert:

(va)subsection 61NC(2B); or

70 After paragraph 64A(w)

Insert:

(wa)subsection 61PDA(6); or

(wb)subsection 61PDB(6); or

71 At the end of section 64B

Add:

Civil penalty double jeopardy

(5)However, a civil penalty order must not be made against a person for contravention of a civil penalty provision of this Act if a civil penalty order has been made against the person under another provision of this Act in relation to conduct that is substantially the same as the conduct constituting the contravention.

72 Paragraph 64C(1)(m)

Omit “61KA(3)”, substitute “61KA(2)”.

73 Paragraph 64C(1)(o)

Repeal the paragraph.

74 After paragraph 64C(1)(v)

Insert:

(va)subsection 61NC(2B);

75 After paragraph 64C(1)(w)

Insert:

(wa)subsection 61PDA(6);

(wb)subsection 61PDB(6);

76 After subsection 64C(1)

Insert:

Time limit for giving an infringement notice

(1B)Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.

77 Paragraph 64D(1)(m)

Omit “61KA(3)”, substitute “61KA(2)”.

78 Paragraph 64D(1)(o)

Repeal the paragraph.

79 After paragraph 64D(1)(v)

Insert:

(va)subsection 61NC(2B);

80 After paragraph 64D(1)(w)

Insert:

(wa)subsection 61PDA(6);

(wb)subsection 61PDB(6);

81 Application provisions

(1) Section 61MC of the Interactive Gambling Act 2001, as substituted by this Schedule, does not apply in relation to a licensed interactive wagering service account closed before the commencement of this Schedule.

(2) Section 61PDB of the Interactive Gambling Act 2001, as inserted by this Schedule, does not apply in relation to a regulated electronic message sent before the commencement of this Schedule.

Schedule 4 · Online lottery products

Interactive Gambling Act 2001 #

1 Section 4

Insert:

foreign matched lottery means a lottery in which prizes are determined wholly or partly by reference to the outcome of a lottery conducted outside Australia.

2 Section 4

Insert:

keno-type lottery means:

(a)a lottery to which all of the following apply:

(i)participants select numbers from a specified range or pool;

(ii)numbers are drawn at random from that range or pool;

(iii)prizes are determined by reference to the extent to which selections match the outcome of the draw;

(iv)the lottery is conducted in a manner that enables frequent or repeated draws within a short period; or

(b)a lottery of a kind prescribed by the regulations.

3 Section 4 (note to the definition of lottery)

Repeal the note.

4 Section 4 (definition of place-based betting service)

Omit “betting”, substitute “gambling”.

5 Paragraph 5(3)(aba)

Omit “betting”, substitute “gambling”.

6 Section 8BA (heading)

Omit “betting”, substitute “gambling”.

7 Subsection 8BA(1)

Repeal the subsection, substitute:

(1)This section applies to the following:

(a)a service covered by paragraph (a) or (b) of the definition of gambling service in section 4;

(b)a keno-type lottery.

(1A)For the purposes of this Act, the service or lottery is a place-based gambling service to the extent that the service or lottery is provided:

(a)to customers who are at a particular place; and

(b)on the basis that:

(i)dealings with customers involve the use of electronic equipment made available to customers at that place; and

(ii)the electronic equipment is available for use by any customer who is at that place; and

(iii)the electronic equipment is not available for use by customers in connection with another gambling service unless the other gambling service is provided by the provider of the first-mentioned service.

(1B)In addition, to be a place-based gambling service for the purposes of this Act:

(a)the provider of the service or lottery must hold a licence (however described) under a law of a State or Territory that authorises the provision of the service or lottery at that place; and

(b)any conditions determined under subsection (2) must be satisfied.

8 Subsection 8BA(2)

Omit “paragraph (1)(d)”, substitute “paragraph (1B)(b)”.

9 Subsections 8BB(1) and (2)

Repeal the subsections, substitute:

(1)For the purposes of this Act, a trade promotion gambling service is a service for the conduct of a lottery, or game of chance or of mixed chance and skill, if:

(a)all of the following apply:

(i)the sole or primary purpose of the lottery or game is the promotion of trade;

(ii)the lottery or game is incidental to the supply of goods or services by the provider of the service, or the person for whom the service is provided;

(iii)entry into the lottery or game does not require the payment of any fee, other than a fee for goods or services at fair market value;

(iv)participation in the lottery or game is not provided on an ongoing or recurring basis as part of a system of continuous or repeated draws; or

(b)the service is determined by the Minister under subsection (2B) to be a trade promotion gambling service.

(2)For the purposes of this Act, a service for the conduct of a lottery, or game of chance or of mixed chance and skill, is also a trade promotion gambling service if the service is provided by an entity that is registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act.

(2A)A service is not a trade promotion gambling service if the service is determined by the Minister under subsection (2B) not to be a trade promotion gambling service.

(2B)The Minister may, by legislative instrument, determine that a service for the conduct of a lottery, or game of chance or of mixed chance and skill:

(a)is a trade promotion gambling service; or

(b)is not a trade promotion gambling service.

(2C)In determining whether or not a service is a trade promotion gambling service, the Minister may have regard to any matter relevant to whether or not the service is conducted to promote trade.

10 Paragraph 8D(1B)(a)

Omit “a keno-type”.

11 Subsection 8D(2)

Omit all the words after “does not”, substitute:

apply:

(a)to an electronic form of:

(i)scratch lottery; or

(ii)other instant lottery; or

(iii)a foreign matched lottery; or

(b)to a keno-type lottery, to the extent to which the lottery is not a place-based gambling service.

12 Paragraph 8E(1)(d)

Omit “betting”, substitute “gambling”.

13 After subsection 15AA(1)

Insert:

(1A)Despite paragraph (1)(c), a person commits an offence against subsection (1) if:

(a)the licence that authorises the provision of the service was granted for the purpose of promoting trade; and

(b)the service is not a trade promotion gambling service within the meaning of this Act (see section 8BB).

14 After subsection 15AA(3)

Insert:

(3A)Despite paragraph (3)(b), a person contravenes subsection (3) if:

(a)the licence that authorises the provision of the service was granted for the purpose of promoting trade; and

(b)the service is not a trade promotion gambling service within the meaning of this Act (see section 8BB).

Schedule 4A · Inducements

Interactive Gambling Act 2001 #

1 Before Part 8

Insert:

Part 7D · Restrictions on inducements etc.

Division 1 · Preliminary

62ZKSimplified outline of this Part#

Licensed interactive wagering service providers must not:

(a) send electronic messages, or make telephone calls, offering inducements (called restricted direct marketing messages) to certain customers; or

(b) authorise or cause material offering inducements (called restricted social media advertisements) to be provided to certain customers on social media services.

Licensed interactive wagering service providers also must not:

(a) provide, offer to provide, or promise to provide a commission relating to customer activity; or

(b) cause a commission relating to customer activity to be provided, or the offer or promise of a commission relating to customer activity to be made.

Licensed interactive wagering service providers are also subject to other requirements, including restrictions on contacting former registered individuals and a requirement to keep certain records to ascertain compliance with this Part.

The costs of administering this Part are recovered through a levy imposed under the Interactive Gambling (Cost Recovery Levy) Act 2026. Part 7F of this Act deals with collection of the levy.

62ZLDefinitions#

In this Part:

commission includes any commission, incentive, bonus, referral fee, revenue share, profit share, performance payment, variable remuneration or other benefit (whether monetary or non-monetary).

customer activity includes the following:

(a)creating or reactivating a licensed interactive wagering service account;

(b)depositing an amount to a licensed interactive wagering service account;

(c)placing or making a bet with a licensed interactive wagering service;

(d)removing gambling minimisation measures applied to a licensed interactive wagering service account.

designated customer: see section 62ZN.

electronic message has the same meaning as in section 61GB.

inducement: see section 62ZM.

licensed interactive wagering service has the same meaning as in section 61GB.

licensed interactive wagering service account has the same meaning as in section 61GB.

licensed interactive wagering service provider has the same meaning as in section 61GB.

provided: material is provided on a social media service if the material is delivered to one or more of the end-users using the service.

registered individual has the same meaning as in section 61GB.

restricted direct marketing message: see section 62ZO.

restricted social media advertisement: see section 62ZP.

social media service has the same meaning as in the Online Safety Act 2021.

62ZMMeaning of inducement#

Basic definition

(1)For the purposes of this Part, inducement means any payment or other benefit that could reasonably be expected to induce a person to wager or gamble.

(2)For the purposes of subsection (1), each of the following is taken to be a payment or other benefit:

(a)credit;

(b)a gift;

(c)a rebate;

(d)a reward;

(e)a token;

(f)a voucher.

Things may be determined to be inducements

(3)The Minister may, by legislative instrument, determine that a specified thing, or a specified kind of thing, is taken to be an inducement for the purposes of this Part.

Things may be determined not to be inducements

(4)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified thing, or a specified kind of thing, is taken not to be an inducement for the purposes of this Part.

ACMA may give advice

(5)The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (3) or (4).

Meaning of thing

(6)For the purposes of this section, thing includes a series of things.

62ZNMeaning of designated customer#

(1)For the purposes of this Part, an individual is a designated customer on a day if subsection (2), (3) or (4) applies to the individual on that day.

Previously registered individuals

(2)This subsection applies to an individual on a day if:

(a)the individual ceased to be a registered individual within the period of 90 days before that day; or

(b)the individual:

(i)ceased to be a registered individual more than 90 days before that day; and

(ii)has not, in the time since that 90-day period, expressly consented to receiving restricted direct marketing messages.

New account holders

(3)This subsection applies to an individual on a day if, on that day:

(a)the individual has a licensed interactive wagering service account; and

(b)the account has been open for 14 days or less.

Individuals identified as at risk of gambling-related harm

(4)This subsection applies to an individual on a day if:

(a)on or before that day, the individual has been identified by a licensed interactive wagering service provider, in accordance with section 62ZSA, as someone who may reasonably be considered to be at risk of gambling-related harm (an at-risk customer); and

(b)on that day, either:

(i)the person is an at-risk customer; or

(ii)the person ceased to be an at-risk customer within the period of 90 days before that day.

Note: Section 62ZSA imposes an obligation on licensed interactive wagering service providers to monitor customer activity to identify individuals who may be at risk of gambling-related harm.

62ZOMeaning of restricted direct marketing message#

(1)For the purposes of this Part, a restricted direct marketing message is an electronic message, or message conveyed in a telephone call, where, having regard to:

(a)the content of the message; and

(b)the way in which the message is presented; and

(c)the content that can be located using the links, telephone number or contact information (if any) set out in the message (including as provided as part of the telephone call);

it would be concluded that the purpose, or one of the purposes, of the message is:

(d)to offer to provide an inducement to an individual; or

(e)to promise to provide an inducement to an individual.

(2)Paragraphs (1)(d) and (e) are to be read independently of each other.

62ZPMeaning of restricted social media advertisement#

(1)For the purposes of this Part, a restricted social media advertisement is material provided on a social media service where, having regard to:

(a)the content of the advertisement; and

(b)the way in which the advertisement is presented; and

(c)the content that can be located using the links, telephone number or contact information (if any) set out in the advertisement;

it would be concluded that the purpose, or one of the purposes, of the advertisement is:

(d)to offer to provide an inducement to an individual; or

(e)to promise to provide an inducement to an individual.

(2)Paragraphs (1)(d) and (e) are to be read independently of each other.

Division 2 · Restrictions on offering inducements etc.

62ZQProhibition on offering inducements to designated customers via direct marketing#

Civil penalty provision—general

(1)A licensed interactive wagering service provider contravenes this subsection if:

(a)the licensed interactive wagering service provider sends, or causes to be sent, a restricted direct marketing message to an individual; and

(b)the individual is a designated customer on the day the message is sent.

Note: For the meaning of designated customer, see section 62ZN. For the meaning of restricted direct marketing message, see section 62ZO.

Civil penalty: 1,000 penalty units.

Civil penalty provision—multiple contraventions

(2)A licensed interactive wagering service provider contravenes this subsection if:

(a)the licensed interactive wagering service provider sends, or causes to be sent, a restricted direct marketing message to an individual; and

(b)the individual is a designated customer on the day the message is sent; and

(c)the licensed interactive wagering service provider has been found to have contravened subsection (1) on 2 or more occasions during the previous 12 months (whether in respect of that individual or another individual).

Note: For the meaning of designated customer, see section 62ZN. For the meaning of restricted direct marketing message, see section 62ZO.

Civil penalty: 5,000 penalty units.

Exception—due diligence

(3)Subsections (1) and (2) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note: A licensed interactive wagering service provider who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Separate contraventions

(4)A licensed interactive wagering service provider who contravenes either subsection (1) or (2) commits a separate contravention of that subsection in respect of each time that the provider sends a restricted direct marketing message to a designated customer.

62ZRProhibition on offering inducements to designated customers via social media#

(1)A licensed interactive wagering service provider contravenes this subsection if:

(a)the licensed interactive wagering service provider authorises or causes a restricted social media advertisement to be:

(i)provided on a social media service; and

(ii)delivered to an individual who is an end-user of the service; and

(b)the individual is a designated customer on the day the advertisement is provided on the service.

Note: For the meaning of designated customer, see section 62ZN. For the meaning of restricted social media advertisement, see section 62ZP.

Civil penalty: 1,000 penalty units.

Exception—due diligence

(2)Subsection (1) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Separate contraventions

(3)A licensed interactive wagering service provider who contravenes subsection (1) commits a separate contravention of that subsection in respect of each time that a restricted social media advertisement is delivered to (or attempted to be delivered to) a designated customer.

62ZSProhibition on sending restricted direct marketing messages without new consent#

(1)A licensed interactive wagering service provider contravenes this subsection if:

(a)the licensed interactive wagering service provider sends, or causes to be sent, a restricted direct marketing message to an individual; and

(b)the individual was a designated customer (within the meaning of subsection (2) of the definition of designated customer in section 62ZN) on a day before the message is sent; and

(c)before becoming a designated customer, the individual had consented to receiving such messages; and

(d)after ceasing to be a designated customer, and before the restricted marketing message is sent, the individual has not given consent to receiving such messages.

Penalty: 1,000 penalty units.

Exception—due diligence

(2)Subsection (1) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Separate contraventions

62ZSAOngoing customer harm minimisation monitoring#

(1)A licensed interactive wagering service provider must monitor the customer activity of individuals who use the licensed interactive wagering service to identify individuals that may reasonably be considered to be at risk of gambling-related harm.

Civil penalty: 1,000 penalty units.

(2)Without limiting subsection (1), in identifying whether a customer is at risk of gambling-related harm, the licensed interactive wagering service provider must have regard to the following:

(a)escalating wagering expenditure;

(b)the number of deposits into a licensed interactive wagering service account within a session;

(c)wagering at unusual hours;

(d)failed or declined deposits into a licensed interactive wagering service account;

(e)removal or relaxation of gambling minimisation measures;

(f)any other indicators determined in an instrument made under subsection (3).

(3)The Minister may, by legislative instrument, determine indicators for the purposes of paragraph (2)(f).

Separate contravention

(4)A licensed interactive wagering service provider who contravenes subsection (1) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

Exception

(5)Subsection (1) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.

62ZTProhibition on commissions for referrals etc.#

A licensed interactive wagering service provider contravenes this section if:

(a)the licensed interactive wagering service provider;

(i)provides a commission to a person; or

(ii)causes a commission to be provided to a person; or

(iii)offers to provide, or promises to provide, a commission to a person; or

(iv)causes an offer of the provision of a commission, or a promise of the provision of a commission, to be made to a person; and

(b)the person is:

(i)an employee or agent of the licensed interactive wagering service provider; or

(ii)another person engaged to provide services to, or on behalf of, the licensed interactive wagering service provider; and

(c)the person is involved in acquiring, retaining, reactivating, managing or referring customers to a licensed interactive wagering service; and

(d)the commission relates to customer activity.

Note: For the meaning of customer activity, see section 62ZL.

Civil penalty: 1,000 penalty units.

Division 3 · Miscellaneous

62ZURecord keeping#

Civil penalty provision—keeping records about direct marketing

(1)If:

(a)a person is a licensed interactive wagering service provider; and

(b)the person sends a restricted direct marketing message to an individual;

the person must keep and retain, for a period of 3 years after the message is sent, sufficient records to enable the person’s compliance with this Part to be readily ascertained.

Civil penalty: 500 penalty units.

Civil penalty provision—keeping records about social media

(2)If:

(a)a person is a licensed interactive wagering service provider; and

(b)the person authorises or causes a restricted social media advertisement to be provided on a social media service;

the person must keep and retain, for a period of 3 years after the advertisement is sent, sufficient records to enable the person’s compliance with this Part to be readily ascertained.

Civil penalty: 500 penalty units.

Civil penalty provision—making records available

(3)A person contravenes this subsection if:

(a)the ACMA requests the person to make a record available to the ACMA; and

(b)the person fails to comply with the request.

Civil penalty: 120 penalty units.

62ZVAnti-avoidance#

(1)A person contravenes this subsection if:

(a)after the commencement of this section, the person, either alone or with one or more other persons or entities:

(i)enters into a scheme; or

(ii)begins to carry out a scheme; or

(iii)carries out a scheme; and

(b)the sole or dominant purposes of the scheme is to avoid the operation of one or more provisions of this Part in relation to the person or another person or entity.

(2)For the purposes of the section, a scheme is:

(a)any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

(b)any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

Civil penalty provision

(3)A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 7,500 penalty units.

(4)This section applies whether or not the scheme is entered into, begun to be carried out or carried out:

(a)in Australia; or

(b)outside Australia; or

(c)partly in Australia and partly outside Australia.

62ZWACMA may make advisory guidelines#

(1)The ACMA may make written guidelines for the purpose of providing guidance about the operation of this Part.

(2)The Minister may direct the ACMA to make guidelines under subsection (1).

(3)Guidelines made under subsection (1) are not a legislative instrument.

(4)Guidelines made under subsection (1) must be published on the ACMA’s website.

62ZXAdditional constitutional basis#

(1)Without limiting its effect apart from this section, this Part also has effect as provided by this section.

(2)This Part also has the effect it would have if each reference in this Part to a licensed interactive wagering service provider were, by express provision, confined to a licensed interactive wagering service provider that is a corporation to which paragraph 51(xx) of the Constitution applies.

62ZYImplied freedom of political communication#

(1)This Part does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

(2)Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Part.

Schedule 4B · Wagering Advertising Opt-out Register

Part 1 · Main amendments

Interactive Gambling Act 2001 #

1 After Part 7D

Insert:

Part 7E · Wagering Advertising Opt-out Register

Division 1 · Introduction

62ZZASimplified outline of this Part#

This Part establishes the Wagering Advertising Opt-out Register.

An individual can choose to be on the Wagering Advertising Opt-out Register. If the individual does so, an online content service provider that is implementing the triple lock system set out in subsection 62P(2) must not provide wagering advertising content to the individual on an online content service.

This choice is in addition to the requirement for online content service providers that are implementing the triple lock system to have their own opt-out system, as set out in subsection 62P(2). Under the triple lock system, an individual can elect, in relation to a particular online content service, not to receive wagering advertising content on that service.

An online content service provider that provides, on an online content service, wagering advertising content to an individual who is on the Wagering Advertising Opt-out Register contravenes the civil penalty provision in subsection 62Q(1).

The costs of administering the Wagering Advertising Opt-out Register are recovered through a levy imposed under the Interactive Gambling (Cost Recovery Levy) Act 2026. Part 7F of this Act deals with collection of the levy.

62ZZBDefinitions#

In this Part:

gambling-related lobbying has the meaning given by section 61GB.

Opt-out Register operator has the meaning given by subsection 62ZZD(9).

Opt-out Register proclaimed start day has the meaning given by section 62ZZC.

Opt-out Register protected information has the meaning given by section 62ZZN.

Opt-out Register rules means rules made under section 62ZZX.

62ZZCOpt-out Register proclaimed start day#

(1)For the purposes of this Part, Opt-out Register proclaimed start day means the day fixed by Proclamation for the purposes of this subsection.

Note: The proclaimed start day is the first day on which an individual can apply to be registered in the Wagering Advertising Opt-out Register: see subsection 62ZZE(4).

(2)A Proclamation under subsection (1) is taken to be a commencement instrument for the purposes of the Legislation Act 2003.

Division 2 · Wagering Advertising Opt-out Register

62ZZDWagering Advertising Opt-out Register#

(1)The ACMA must keep, or arrange for a body corporate to keep on behalf of the ACMA, a register to be known as the Wagering Advertising Opt-out Register.

Note 1: An online content service provider that provides, on an online content service, wagering advertising content to an individual who is registered on the Wagering Advertising Opt-out Register contravenes a civil penalty provision: see subsection 62Q(1).

Note 2: An online content service provider must display prominently, on the online content service, information about the Wagering Advertising Opt-out Register: see section 62S.

(2)The register may also be known by a name specified in the Opt-out Register rules.

(3)The register is to be kept in electronic form.

(4)The register is not a legislative instrument.

Payments to the Opt-out Register operator

(5)An arrangement under subsection (1) may provide for the ACMA, on behalf of the Commonwealth, to make payments to the Opt-out Register operator.

Opt-out Register operator must not provide a gambling service or undertake gambling-related lobbying etc.

(6)The ACMA must not make an arrangement under subsection (1) with a body corporate that:

(a)provides a gambling service; or

(b)is a member of the same related company group as a body corporate that provides a gambling service; or

(c)holds an ownership interest in a body corporate that provides a gambling service; or

(d)undertakes gambling-related lobbying; or

(e)is a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or

(f)holds an ownership interest in a body corporate that undertakes gambling-related lobbying.

(7)The ACMA must ensure that an arrangement under subsection (1) is subject to a condition that the Opt-out Register operator must not:

(a)provide a gambling service; or

(b)be a member of the same related company group as a body corporate that provides a gambling service; or

(c)hold an ownership interest in a body corporate that provides a gambling service; or

(d)undertake gambling-related lobbying; or

(e)be a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or

(f)hold an ownership interest in a body corporate that undertakes gambling-related lobbying.

(8)The Minister may, by notifiable instrument, substitute a Department, agency or authority of the Commonwealth for the ACMA for the purposes of this section.

(9)The person or body that operates the Wagering Advertising Opt-out Register is the Opt-out Register operator.

Division 3 · Registration on the Wagering Advertising Opt-out Register

62ZZEApplication for registration#

(1)An individual may apply to the Opt-out Register operator to be registered on the Wagering Advertising Opt-out Register.

Note: The effect of being registered on the Register is that an online content service provider must not provide, on an online content service, wagering advertising content to the individual: see subsection 62Q(1).

(2)An application under subsection (1) must be made in a manner prescribed by the Opt-out Register rules.

(3)An application under subsection (1) must:

(a)include a statement to the effect that the applicant is ordinarily resident in Australia; and

(b)include such information relating to the applicant as is prescribed by the Opt-out Register rules.

Proclaimed start day

(4)An individual is not entitled to make an application under subsection (1) before the Opt-out Register proclaimed start day.

62ZZFRegistration#

(1)After receiving an application under section 62ZZE from an individual, the Opt-out Register operator must:

(a)register the relevant individual by making an entry for the individual in the Wagering Advertising Opt-out Register; and

(b)do so within the period determined in accordance with the Opt-out Register rules.

(2)The entry must include:

(a)the relevant individual’s contact details as prescribed by the Opt-out Register rules; and

(b)any other information prescribed by the Opt-out Register rules.

(3)A registration of an individual remains in force unless the individual is deregistered under section 62ZZI or 62ZZJ.

62ZZGVariation of the Wagering Advertising Opt-out Register#

The Opt-out Register rules may authorise the Opt-out Register operator to vary entries in the Wagering Advertising Opt-out Register.

62ZZHApplication for deregistration#

(1)An individual who is registered on the Wagering Advertising Opt-out Register may apply to the Opt-out Register operator to remove the individual’s entry from that Register.

(2)An application under subsection (1) must:

(a)be in writing; and

(b)include such information (if any) as is prescribed by the Opt-out Register rules.

62ZZIDeregistration#

(1)The Opt-out Register operator must remove an individual’s entry from the Wagering Advertising Opt-out Register if the individual makes an application under section 62ZZH.

(2)The Opt-out Register operator must remove the individual’s entry from the Wagering Advertising Opt-out Register as soon as practicable.

62ZZJDeregistration—other grounds#

(1)The Opt-out Register operator must remove a registered individual’s entry from the Wagering Advertising Opt-out Register if the Opt-out Register operator is aware that:

(a)the individual is not ordinarily resident in Australia; or

(b)the individual has died.

(2)For the purposes of this section, an individual is not ordinarily resident in Australia unless the individual:

(a)is a permanent resident within the meaning of the Australian Citizenship Act 2007; or

(b)has resided in Australia for 200 or more days in at least 3 of the past 5 calendar years.

62ZZKRe-registration#

If an individual’s entry is removed from the Wagering Advertising Opt-out Register, this Act does not prevent the Opt-out Register operator from subsequently re-registering the individual under subsection 62ZZF(1).

62ZZLCorrection of the Wagering Advertising Opt-out Register#

(1)The Opt-out Register operator may correct entries in the Wagering Advertising Opt-out Register.

(2)The ACMA may give written directions to the Opt-out Register operator relating to the exercise of its powers under subsection (1).

(3)The Opt-out Register operator must comply with a direction under subsection (2).

(4)The Opt-out Register rules may require the Opt-out Register operator to correct entries in the Wagering Advertising Opt-out Register in the circumstances prescribed by the Opt-out Register rules.

(5)The Opt-out Register operator must remove an entry from the Wagering Advertising Opt-out Register if the entry was made in error.

(6)The Opt-out Register rules may require the Opt-out Register operator to remove entries from the Wagering Advertising Opt-out Register in the circumstances prescribed by the Opt-out Register rules.

(7)This section does not, by implication, limit:

(a)section 62ZZG (variation of the Wagering Advertising Opt-out Register—other matters); or

(b)Australian Privacy Principle 13; or

(c)Part V of the Freedom of Information Act 1982.

62ZZMOpt-out Register rules may make further provision in relation to the Wagering Advertising Opt-out Register#

The Opt-out Register rules may make further provision in relation to the Wagering Advertising Opt-out Register.

Division 4 · Disclosure of Opt-out Register protected information

62ZZNOpt-out Register protected information#

For the purposes of this Part, Opt-out Register protected information means:

(a)information about whether an individual is or was registered on the Wagering Advertising Opt-out Register; or

(b)any other information that is or was included in an entry in the Wagering Advertising Opt-out Register; or

(c)information about, or included in, an application made by an individual under Division 3 or the Opt-out Register rules.

62ZZOAccess to the Wagering Advertising Opt-out Register protected information by an online content service provider#

(1)An online content service provider may request the Opt-out Register operator to inform the provider whether the contact details, prescribed for the purposes of paragraph 62ZZF(2)(a), of one or more specified individuals are registered on that Register as at the time when the request is made.

(2)A request under subsection (1) must include, for each individual covered by the request:

(a)the contact details of the individual; and

(b)such other information as is prescribed by the Opt-out Register rules.

(3)The Opt-out Register operator must:

(a)comply with a request under subsection (1); and

(b)do so within the period determined in accordance with the Opt-out Register rules.

(4)The Opt-out Register rules may make provision for and in relation to either or both of the following:

(a)the manner in which a request under subsection (1) is to be made, which must involve the use of an internet carriage service;

(b)the manner in which the Opt-out Register operator is to comply with a request under subsection (1).

Connectivity obligations of online content service provider

(5)An online content service provider must take all reasonable steps to ensure that the provider:

(a)has a computer system; and

(b)is continuously supplied with an internet carriage service;

that (when considered together) enable the provider to obtain information at any time about whether an individual’s contact details are registered on the Wagering Advertising Opt-out Register.

62ZZPConfirmation of contact details by individuals#

An individual may confirm with the Opt-out Register operator whether the individual’s contact details are registered on the Wagering Advertising Opt-out Register.

62ZZQDisclosure of de-identified Opt-out Register protected information to Ministers#

The Opt-out Register operator may disclose de-identified Opt-out Register protected information to:

(a)the Minister; or

(b)the Secretary of the Department; or

(c)an APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this section.

62ZZRDisclosure of Opt-out Register protected information for purposes of enforcement#

An ACMA official may disclose Opt-out Register protected information for the purposes of the performance of functions, or the exercise of powers, by the ACMA under Part 7C or this Part.

Division 5 · Miscellaneous

62ZZSComputerised decision-making#

(1)The Opt-out Register operator may arrange for the use, under that operator’s control, of computer programs for any purposes for which the operator may, or must, under this Part or the Opt-out Register rules:

(a)make a decision; or

(b)exercise any power or comply with any obligation; or

(c)do anything else related to making a decision, exercising a power or complying with an obligation.

(2)For the purposes of this Part and the Opt-out Register rules, the Opt-out Register operator is taken to have:

(a)made a decision; or

(b)exercised a power or complied with an obligation; or

(c)done something else related to the making of a decision, the exercise of a power or the compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

(3)The Opt-out Register operator may substitute a decision for a decision (the initial decision) made by the operation of a computer program under an arrangement under subsection (1) if the Opt-out Register operator is satisfied that the initial decision is incorrect.

62ZZTDealing with complaints#

(1)The Opt-out Register rules may prescribe procedures that must be followed by the Opt-out Register operator in order to deal with complaints about the administration or operation of the Wagering Advertising Opt-out Register.

(2)If:

(a)a person has reason to believe that another person has contravened a provision of:

(i)this Part; or

(ii)the Opt-out Register rules; and

(b)the person makes a complaint to the Opt-out Register operator about the matter;

the Opt-out Register operator must refer the complaint to the ACMA.

62ZZUApplication of the Privacy Act 1988 to the Opt-out Register operator#

For the purposes of the Privacy Act 1988, if the Wagering Advertising Opt-out Register is kept by the Opt-out Register operator under a particular contract, each of the following:

(a)the keeping of the Wagering Advertising Opt-out Register by the Opt-out Register operator;

(b)the operation of the Wagering Advertising Opt-out Register by the Opt-out Register operator;

(c)the performance of a function, or the exercise of a power, by the Opt-out Register operator under:

(i)this Part; or

(ii)the Opt-out Register rules;

is taken to be the provision of a service to the ACMA under the contract.

62ZZVApplication of the Freedom of Information Act 1982 to the Opt-out Register operator#

For the purposes of the Freedom of Information Act 1982, if the Wagering Advertising Opt-out Register is kept by the Opt-out Register operator under a particular contract, then:

(a)the contract is taken to be a Commonwealth contract; and

(b)each of the following is taken to be the provision of a service under the contract in connection with the performance of the functions or the exercise of the powers of the ACMA:

(i)the keeping or operation of that Register by the Opt-out Register operator;

(ii)the performance of a function, or the exercise of a power, by the Opt-out Register operator under this Part or the Opt-out Register rules.

62ZZWImplied freedom of political communication#

(1)This Part does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

(2)Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act.

62ZZXOpt-out Register rules#

(1)The ACMA may, by legislative instrument, make rules (Opt-out Register rules) prescribing matters required or permitted by this Part to be prescribed by the Opt-out Register rules.

(2)The Opt-out Register rules may make provision for or in relation to a matter by empowering the Opt-out Register operator to make decisions of an administrative character.

(3)Before making Opt-out Register rules, the ACMA must consult the Minister.

Part 7F · Collection of cost recovery levy

62ZZYDefinitions#

In this Act:

cost recovery late payment penalty has the meaning given by subsection 62ZZZA(2).

cost recovery levy means levy imposed by the Interactive Gambling (Cost Recovery Levy) Act 2026.

62ZZZWhen cost recovery levy is due and payable#

Cost recovery levy is due and payable at the time determined in accordance with the regulations.

62ZZZACost recovery late payment penalty#

(1)If an amount of cost recovery levy payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount calculated at the rate of:

(a)20% per annum; or

(b)if the regulations specify a lower percentage—that lower percentage per annum;

on the amount unpaid, calculated from the start of the day after that time occurred until the end of the day before the day when the amount of levy is paid in full.

(2)Penalty payable under subsection (1) is to be known as cost recovery late payment penalty.

Remission of cost recovery late payment penalty

(3)The ACMA may remit the whole or a part of an amount of cost recovery late payment penalty.

Review of decisions

(4)Applications may be made to the Administrative Review Tribunal for review of a decision of the ACMA to refuse to remit the whole or a part of an amount under subsection (3).

62ZZZBRecovery of cost recovery levy and late payment penalty#

Cost recovery levy, or cost recovery late payment penalty:

(a)is a debt due to the ACMA on behalf of the Commonwealth; and

(b)may be recovered by the ACMA, on behalf of the Commonwealth, in:

(i)the Federal Court; or

(ii)the Federal Circuit and Family Court of Australia (Division 2); or

(iii)a court of a State or Territory that has jurisdiction in relation to the matter.

62ZZZCRefund of overpayment of cost recovery levy and late payment penalty#

If there is an overpayment of:

(a)cost recovery levy; or

(b)cost recovery late payment penalty;

the overpayment is to be refunded by the ACMA on behalf of the Commonwealth.

Part 2 · Consequential amendments

Interactive Gambling Act 2001 #

2 Section 3 (at the end of the first dot point)

Add:

; (i) wagering advertising content must not be provided by an online service content provider to an individual who is registered on the Wagering Advertising Opt-out Register.

3 Section 4

Insert:

cost recovery late payment penalty has the meaning given by section 62ZZY.

cost recovery levy has the meaning given by section 62ZZY.

Opt-out Register rules has the meaning given by section 62ZZX.

provider opt-out mechanism has the meaning given by paragraph 62S(1)(a).

Wagering Advertising Opt-out Register means the register kept under section 62ZZD.

4 After paragraph 16(e)

Insert:

(g)Part 7E;

5 After subparagraph 21(1)(a)(v)

Insert:

or (vii) Part 7E;

6 Subparagraph 22A(1)(a)(i)

Omit “Part 2, 2A, 2C, 7A or 7C”, substitute “Part 2, 2A, 2C, 7A, or any of Parts 7C to 7F”.

7 Paragraph 22A(2)(o)

Omit “Part 2, 2A, 2C, 7A or 7C”, substitute “Part 2, 2A, 2C, 7A, or any of Parts 7C to 7F”.

8 At the end of paragraph 62H(d)

Add “, whether through the provider opt-out mechanism or the Wagering Advertising Opt-out Register”.

9 At the end of subsection 62P(3)

Add:

; and (d) confirming, at least every 14 days, or any other period prescribed by the Opt-out Register rules, that the Wagering Advertising Opt-out Register does not contain the contact details of any person to or by whom wagering advertising content would otherwise be delivered, or accessed, on the online content service provided by the online content service provider.

10 Paragraph 62S(1)(a)

Omit “effective and easily accessible means”, substitute “effective, prominent and easily accessible means (the provider opt-out mechanism)”.

11 Paragraph 62S(1)(b)

Repeal the paragraph, substitute:

(b)display, in a way that is prominent to individuals using the service, information on the online content service about:

(i)the provider opt-out mechanism; and

(ii)after the Opt-out Register proclaimed start day—the Wagering Advertising Opt-out Register.

Schedule 4C · Statutory review of certain Parts

Interactive Gambling Act 2001 #

1 After section 68

Insert:

68AReview of operation of Parts 7C, 7D and 7E#

(1)The Minister must cause a review to be conducted of the operation of:

(a)Parts 7C, 7D and 7E; and

(b)the remaining provisions of this Act, so far as they relate to those Parts.

Timing of review

(2)The persons conducting the review must commence the review as soon as practicable after the end of the period of 3 years starting on the day this section commences.

Public consultation

(3)The review must make provision for public consultation.

Minister to be given report of review

(4)The persons conducting the review must give the Minister a written report of the review before the end of the period of 6 months starting on the day the review commences.

Minister to table copy of report of review

(5)The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

Schedule 5 · Application, saving and transitional provisions

1 Definitions

In this Schedule:

commencement day means the day when Schedule 1 commences.

introduction day means the day on which the Bill for this Act was introduced into the Parliament.

new IGA Act means the Interactive Gambling Act 2001 as amended by this Act.

2 Section 7 of the Acts Interpretation Act 1901

This Schedule does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies in relation to the repeals and amendments made by this Act.

3 Application provision—broadcasts, datacasts and online content

(1) The following provisions of the new IGA Act apply in relation to a broadcast or datacast that occurs on or after the commencement day:

(a) Division 2 of Part 7C;

(b) subsection 62UA(1), 62UB(1) and 62W(2);

(2) The following provisions of the new IGA Act apply in relation to content that is provided on an online content service on or after the commencement day:

(a) sections 62P, 62R, 62RA, 62Y and 62Z;

(b) subsection 62UA(1), 62UB(1) and 62W(2).

(3) Section 62Q of the new IGA Act applies in relation to content that is delivered to (or attempted to be delivered to) or accessed by an individual on or after the commencement day.

4 Transitional provision—displaying wagering advertising content on uniforms and at sporting venues

Excluded arrangements

(1) Section 62V of the new IGA Act does not apply in relation to the display of wagering advertising content if:

(a) the display occurs during the period starting on the commencement day and ending at the end of 31 December 2031; and

(b) the display is covered by an arrangement entered into before the introduction day; and

(i) extending the duration of the arrangement to the extent it relates to wagering advertising content; or

(ii) increasing the prominence, size, duration or number of displays of wagering advertising content under the arrangement.

Subsequent broadcasts of displays

(2) If:

(a) subitem (1) applies in relation to the display of wagering advertising content; and

(b) a person engages in conduct which causes or results in the broadcast, datacast or provision on an online content service of the display of wagering advertising content in contravention of one or more provisions of Part 7C of the new IGA Act;

then, the person is taken not to contravene the provision.

Meaning of arrangement

(3) For the purposes of this section, an arrangement includes a contract, arrangement or understanding.

5 Application provision—notable people promoting wagering advertising content

Subsection 62W(1) of the new IGA Act applies in relation to a contract, arrangement or understanding entered into on or after the commencement day.

6 Application provision—information gathering

Section 22A of the new IGA Act applies in relation to information or documents required to be given or produced on or after the commencement day, whether the information or document was obtained or created before, on or after that day.

7 Application provision—use and disclosure of information

(1) Sections 62T and 62U of the new IGA Act apply in relation to the collection, use or disclosure of information on or after the commencement day, whether the information was obtained or created before, on or after that day.

(2) Section 59DC of the Australian Communications and Media Authority Act 2005, as inserted by Schedule 2, applies in relation to the disclosure of information on or after the commencement day, whether the information was obtained or created before, on or after that day.

8 Application provision—record keeping

(1) Section 62ZD of the new IGA Act applies in relation to a broadcast, datacast or provision of content on an online content service that occurs on or after the commencement day.

(2) Section 62ZU of the new IGA Act applies in relation to:

(a) a restricted direct marketing message sent on or after the commencement day; and

(b) a restricted social media advertisement provided on a social media service on or after the commencement day.

9 Application provision—transfer of funds

(1) Section 15J of the new IGA Act applies in relation to a payment or transfer of funds to be made on or after the commencement day.

(2) Subitem (1) applies whether the relevant designated interactive gambling service was provided before, on or after the commencement day.

10 Application provision—use of infrastructure

Section 15AB of the new IGA Act applies in relation to a use of infrastructure or facilities, or a provision of services that occurs (or begins to occur) on or after the commencement day.

11 Application provision—removal notices

(1) Division 5A of Part 7A of the new IGA Act applies in relation to a removal notice given on or after the commencement day, whether the designated interactive gambling service advertisement is published before, on or after that day.

(2) Section 61EJA of the new IGA Act applies in relation to a removal notice given on or after the commencement day, whether the designated interactive gambling service is provided before, on or after the commencement day.

12 Application provision—civil penalty provisions

Subsection 64C(1A) of the new IGA Act applies in relation to an infringement notice given after the commencement day, whether the conduct constituting the alleged contravention, or alleged contraventions, of the provision to which the infringement notice relates occurs before, on or after that day.

12A Application provision—prohibition on inducements

(1) Section 62ZQ of the new IGA Act applies in relation to a restricted direct marketing message sent, or caused to be sent, on or after a day specified in an instrument made under subitem (3).

(2) Section 62ZR of the new IGA Act applies in relation to a restricted social media advertisement provided on a social media service on or after a day specified in an instrument made under subitem (3).

(3) The Minister may, by notifiable instrument, specify a day for the purposes of subitems (1) and (2).

(4) A day specified in a notifiable instrument made under subitem (3) must be after the commencement day.

12B Application provision—prohibition on sending direct marketing messages without new consent

(1) Section 62ZS of the new IGA Act applies in relation to an individual who is a designated customer on or after a day specified in an instrument made under subitem (2), whether the circumstances giving rise to the individual being a designated customer arose before, on or after that day.

(2) The Minister may, by notifiable instrument, specify a day for the purposes of subitem (1).

(3) A day specified in a notifiable instrument made under subitem (2) must be after the commencement day.

12C Application provision—prohibition on commissions

Section 62ZT of the new IGA Act applies in relation to the provision, offer or promise of a commission that is made, or caused to be made, on or after the commencement day.

12D Application provision—designated customers

(1) Section 62ZN applies in relation to an individual if the individual is covered by subsection (2), (3) or (4) of that section on or after a day specified in an instrument made under subitem (2).

(2) The Minister may, by notifiable instrument, specify a day for the purposes of subitem (1).

(3) A day specified in a notifiable instrument made under subitem (2) must be after the commencement day.

12E Application provision—ongoing harm minimisation monitoring

(1) Section 62ZSA applies in relation to an individual who uses a licensed interactive wagering service on or after a day specified in an instrument made under subitem (2).

(2) The Minister may, by notifiable instrument, specify a day for the purposes of subitem (1).

(3) A day specified in a notifiable instrument made under subitem (2) must be after the commencement day.

13 Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated Revenue Fund;

(e) directly amend the text of this Act or the Interactive Gambling Act 2001.

(3) This Schedule (other than subitem (2) of this item) does not limit the rules that may be made for the purposes of subitem (1).

[Minister’s second reading speech made in—

House of Representatives on 2 July 2026

Senate on 19 August 2026]

(99/26)

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Defined terms · 72

History · 1 version

Key facts

1Short title#

2Commencement#

3Schedules#

4Anti-avoidance#

10AMeaning of sporting event#

10CMeaning of online content service#

22AAdditional information gathering powers#

22BSelf-incrimination#

62ASimplified outline of this Part#

62BDefinitions#

62CMeaning of wagering advertising content#

62DContent taken not to be wagering advertising content#

62EMeaning of dedicated racing or wagering channels, programs and online content services#

62FMeaning of notable persons#

62FAMeaning of online radio simulcast serviceand online television simulcast service#

62GMeaning of oddsand promotion of odds#

62HMeaning of restricted user#

62JWorking out what time etc. applies for broadcasts and datacasts#

62JAWorking out what time etc. applies for providing content on online content services#

62KProhibition on wagering advertising content during live coverage of sporting events—daytime#

62LProhibition on wagering advertising content during live coverage of sporting events—overnight#

62MFrequency cap for wagering advertising content on television—daytime#

62NProhibition on wagering advertising content on radio—school drop off and pick up#

62PProhibition on providing wagering advertising content on online content services#

62QProhibition on providing wagering advertising content on online content services to restricted users#

62RProhibition on wagering advertising content on online content services during live coverage of sporting events—daytime#

62RAProhibition on wagering advertising content on online content services during live coverage of sporting events—overnight#

62SRequirements for opting out of accessing wagering advertising content#

62SAACMA powers relating to opting out requirements#

62SBNotice of alternative treatment#

62SCFrequency cap for wagering advertising content—online television simulcast services#

62SDProhibition on wagering advertising content for school drop off and pick up—online radio simulcast services#