Nick Xenophon (SA, Nick Xenophon Team) Share this | Hansard source

by leave—I move amendments (1) to (23) and (25) on sheet 8038:

(1) Schedule 1, item 6, page 5 (after line 8), at the end of section 3, add:

(2) Schedule 1, item 7, page 5 (after line 12), after the definition of ACMA official, insert:

betting limit, in relation to a period, means the total maximum amount nominated by an individual that he or she may bet using a restricted wagering service during the period.

(3) Schedule 1, item 7, page 5 (after line 14), after the definition of carriage service, insert:

category A document, in relation to an individual, means any of the following:

(a) a licence or permit issued in the name of the individual;

(b) a passport issued in the name of the individual;

(c) a birth certificate in the name of the individual;

(d) any other document in relation to the individual that is recognised as proof of identity under a law of the Commonwealth, a State or a Territory.

category B document, in relation to an individual, means any of the following:

(a) a credit card, debit card or other automatic teller machine card that has the name and signature of the individual;

(b) a Medicare card issued in the name of the individual;

(c) a passbook issued in the name of the individual by an ADI (within the meaning of the Banking Act 1959);

(d) a statement of account issued for a utilities or rates account that:

(i) was issued in the previous 12 months; and

(ii) includes the name and address given by the individual.

(4) Schedule 1, item 7, page 5 (after line 18), after the definition of civil penalty provision, insert:

credit has the meaning given by section 11A.

(5) Schedule 1, item 7, page 5 (after line 26), after the definition of Federal Circuit Court, insert:

G classified, in relation to a television program, means classified G in accordance with whichever of the following industry codes of practice included in the register under section 123 of the Broadcasting Services Act 1992 is relevant:

(a) the Commercial Television Industry Code of Practice;

(b) the Subscription Broadcast Television Codes of Practice;

(c) the Subscription Narrowcast Television Codes of Practice.

(6) Schedule 1, item 9, page 6 (before line 5), before the definition of personal information, insert:

micro betting means betting that relates to a horse race, a harness race, a greyhound race or a sporting event and either:

(a) the bet is:

(i) on the outcome of the race or event; and

(ii) placed, made, received or accepted after the beginning of the race or event; or

(b) the bet is on a contingency that may or may not happen in the course of the race or event.

personal details, in relation to an individual, means:

(a) the individual's name, residential address, telephone number, email address, date of birth and gender; and

(b) any other information of a kind prescribed by the regulations for the purposes of this definition that identifies the individual.

(7) Schedule 1, item 12, page 6 (before line 22), before the definition of regulated interactive gambling service, insert:

protected information means personal details or other personal information to the extent that this information:

(a) is obtained under, or in accordance with, this Act; or

(b) is derived from a record of information that was made under, or in accordance with, this Act; or

(c) is derived from a disclosure or use of information that was made under, or in accordance with, this Act.

Register means the National Self-exclusion Register kept under section 61HA.

(8) Schedule 1, item 12, page 6 (after line 23), after the definition of regulated interactive gambling service, insert:

Regulator means the Interactive Gambling Regulator established under section 61JA.

(9) Schedule 1, item 12, page 6 (after line 25), after the definition of Regulatory Powers Act, insert:

restricted wagering service means a gambling service that:

(a) is provided to customers using any of the following:

(i) an internet carriage service;

(ii) any other listed carriage service;

(iii) a broadcasting service;

(iv) any other content service;

(v) a datacasting service; and

(b) relates to the placing, making, receiving or acceptance of bets on, or on a series of, any or all of the following:

(i) a horse race;

(ii) a harness race;

(iii) a greyhound race;

(iv) a sporting event.

(10) Schedule 1, item 17, page 7 (after line 15), after the definition of unlicensed regulated interactive gambling service, insert:

verified has the meaning given by section 11B.

(11) Schedule 1, page 16 (after line 12), after item 32, insert:

32A After section 11

Insert:

11A Meaning of credit

For the purposes of this Act, credit is provided by a restricted wagering service if under a contract or other arrangement:

(a) payment of a debt owed by one person to another is deferred; or

(b) one person incurs a deferred debt to another.

11B Meaning of verified

For the purposes of this Act, an individual's identity is verified for the purposes of creating an account, or otherwise facilitating the placing of bets, with a restricted wagering service, if:

(a) the service is given the originals or certified copies of either:

(i) 2 category A documents, each of a different kind, identifying the individual; or

(ii) one category A document and 2 category B documents, each of a different kind, identifying the individual; and

(b) the personal details contained in those documents correspond to the personal details provided by the individual for the purposes of creating the account, or otherwise facilitating the placing of bets.

32B After Part 1

Insert:

Part 1A—Offence of failing to train gambling service employees

14A Offence of failing to train gambling service employees

(1) If:

(a) a person provides a gambling service; and

(b) either:

(i) the person is a corporation to which paragraph 51(xx) of the Constitution applies; or

(ii) the service is provided to customers using an internet carriage service; and

(c) the person has employees who have direct contact in the course of their employment with individuals who use the service;

the person must ensure that each such employee is provided with the information, training or instruction prescribed by the regulations for the purposes of this subsection.

(2) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1); and

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

Penalty:   120 penalty units.

Regulations

(3) Regulations made for the purposes of subsection (1) may include:

(a) information, training or instruction relating to the following:

(i) recognising problem gambling behaviour;

(ii) assisting individuals to access information regarding the Register and other services or programs to deal with problem gambling;

(iii) dealing with individuals who have identified themselves as having a gambling problem; and

(b) when such information, training or instruction must be provided.

(12) Schedule 1, page 22 (after line 24), after item 66, insert:

66A At the end of Part 3

Add:

Division 4—Injunctions

31A Injunctions

(1) The Federal Circuit Court may, on application by the Regulator, grant an injunction referred to in subsection (2) if the Court is satisfied that:

(a) an ADI (within the meaning of the Banking Act 1959) facilitates transactions in relation to a gambling service; and

(b) the gambling service is a prohibited interactive gambling service.

(2) The injunction is to require the ADI to take reasonable steps to prohibit transactions in relation to the prohibited interactive gambling service.

Parties

(3) The parties to an action under subsection (1) are:

(a) the Regulator; and

(b) the ADI; and

(c) the provider of the prohibited interactive gambling service.

Service

(4) The Regulator must notify the:

(a) the ADI; and

(b) the provider of the prohibited interactive gambling service;

of the making of an application under subsection (1).

Matters to be taken into account

(5) In determining whether to grant the injunction, the Court may take into account the following matters:

(a) whether prohibiting transactions in relation to the prohibited interactive gambling service is a proportionate response in the circumstances;

(b) whether it is in the public interest to prohibit transactions in relation to the prohibited interactive gambling service;

(c) whether access to, or transactions in relation to, the prohibited interactive gambling service has been disabled or prohibited by orders from any court of another country or territory;

(d) any other matter prescribed by the regulations;

(e) any other relevant matter.

Rescinding and varying injunctions

(6) The Court may:

(a) limit the duration of; or

(b) upon application, rescind or vary;

an injunction granted under this section.

(7) An application under subsection (6) may be made by:

(a) any of the persons referred to in subsection (3); or

(b) any other person prescribed by the regulations.

Costs

(8) The ADI is not liable for any costs in relation to the proceedings unless the ADI enters an appearance and takes part in the proceedings.

(13) Schedule 1, page 31 (after line 19), after item 138, insert:

138A After Part 7A

Insert:

Part 7B—Restricted wagering services

Division 1—Simplified outline of this Part

61G Simplified outline of this Part

This Part sets out a number of restrictions on the conduct of restricted wagering services in relation to sports betting. These restrictions aim to ensure that such services do not engage in certain predatory practices, particularly in relation to problem gamblers, and that sports betting services are provided in a responsible manner.

These restrictions include bans on offering micro-betting, credit or inducements, as well as requirements for the restricted wagering service to check that individuals are not included on the National Self-exclusion Register before creating new accounts.

Restricted wagering services that contravene these restrictions may commit an offence or contravene a civil penalty provision.

Division 2—Offences and civil penalty provisions

61GA Restricted wagering service must not offer credit

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service in Australia; and

(b) the service provides, or offers to provide, credit to individuals to use the service.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   500 penalty units.

Civil penalty provision

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

Civil penalty:   500 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

61GB Restricted wagering service must not induce a person to use the service

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service; and

(b) the person:

(i) induces, or attempts to induce, another individual to use the service; or

(ii) causes another person to induce, or attempt to induce, another individual to use the service.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   500 penalty units.

Civil penalty provision

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

Civil penalty:   500 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

61GC Restricted wagering service must not offer or accept micro betting

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service in Australia; and

(b) the service offers or accepts micro betting.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   2,000 penalty units.

Civil penalty provision

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

Civil penalty:   2,000 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

61GD Restricted wagering service must require certain details be provided to establish account

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service in Australia; and

(b) the person creates an account, or otherwise facilitates the placing of bets, for an individual; and

(c) the individual has not provided his or her personal details.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   120 penalty units.

Civil penalty provision

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

Civil penalty:   120 penalty units.

61GE Restricted wagering service must verify identity of account -holder before creating account etc.

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service in Australia; and

(b) the service creates an account, or otherwise facilitates the placing of bets, for an individual; and

(c) the person has not verified the individual's identity.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   300 penalty units.

Civil penalty provision

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

Civil penalty:   300 penalty units.

61GF Restricted wagering service must check the National Self -exclusion Register before creating account

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service in Australia; and

(b) the service creates an account, or otherwise facilitates the placing of bets, for an individual; and

(c) the person has not submitted the individual's personal details to the National Self-exclusion Register to check whether the individual's personal details are included on the Register.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   300 penalty units.

Civil penalty provision

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

Civil penalty:   300 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

61GG Restricted wagering service must include pre -commitment options when creating account

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service; and

(b) the person does not require each individual who creates an account with the service to register and set annual and monthly maximum betting limits.

Note: The service must not permit these limits to be exceeded (see section 61GK, and may only increase the limits if notice is provided (see section 61GI).

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   200 penalty units.

Civil penalty provision

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

Civil penalty:   200 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

61GH Restricted wagering service must not create accounts etc. for individuals on the National Self -exclusion Register

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service in Australia; and

(b) the service creates an account, or otherwise facilitates the placing of bets, for an individual whose personal details are included on the National Self-exclusion Register; and

(c) the person either:

(i) knew that the individual's personal details were included on the National Self-exclusion Register; or

(ii) was reckless as to whether the individual's personal details were included on the National Self-exclusion Register.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   500 penalty units.

Civil penalty provision

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

Civil penalty:   500 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

61GI Restricted wagering service must not increase individual ' s betting limit

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service in Australia; and

(b) the person increases, or causes to be increased, the monthly or annual betting limit set by the individual.

(2) Subsection (1) does not apply if the individual has:

(a) requested that the person increase the monthly or annual betting limit; and

(b) either:

(i) in relation to the monthly betting limit—the individual requested the increase at least 7 days before the limit was increased; or

(ii) in relation to the annual betting limit—the individual requested the increase at least 14 days before the limit was increased; and

(c) the individual has not made more than one other such request in the previous 12-month period.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2).

Fault -based offence

(3) A person commits an offence if the person contravenes subsection (1).

Penalty:   300 penalty units.

Civil penalty provision

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

Civil penalty:   300 penalty units.

Continuing offences or contraventions

(5) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

61GJ Restricted wagering service must not induce a person to increase betting limit

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service; and

(b) the person:

(i) induces, or attempts to induce, an individual to increase his or her monthly or annual betting limit; or

(ii) causes another person to induce, or attempt to induce, an individual to increase his or her monthly or annual betting limit.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   300 penalty units.

Civil penalty provision

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

Civil penalty:   300 penalty units.

61GK Restricted wagering service must not permit account -holder to exceed betting limit

(1) A person contravenes this subsection if:

(a) the person intentionally provides a restricted wagering service in Australia; and

(b) the service accepts a bet from an individual that exceeds the monthly or annual betting limit nominated by the individual for the service.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   200 penalty units.

Civil penalty provision

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

Civil penalty:   200 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

61GL Restricted wagering service must provide statement

(1) A person who provides a restricted wagering service must provide each individual who uses the service with a statement of the individual's transaction history that complies with regulations made for the purposes of this subsection.

Fault -based offence

(2) A person commits an offence if:

(a) the person is required to provide a statement under subsection (1); and

(b) the person fails to provide the statement as required.

Penalty:   120 penalty units.

Civil penalty provision

(3) A person is liable to a civil penalty if:

(a) the person is required to provide a statement under subsection (1); and

(b) the person fails to provide the statement as required.

Civil penalty:   120 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

Regulations

(5) Regulations made for the purposes of subsection (1) must prescribe:

(a) the period which the statement must cover; and

(b) how frequently the statement must be provided (which must not be less than once a month); and

(c) the manner and form in which the statement is to be provided.

61GM Restricted wagering service must not disclose information for marketing purposes

(1) A person contravenes this subsection if:

(a) the person provides a restricted wagering service; and

(b) the person discloses personal information of an individual who uses the service to another person or entity; and

(c) the information is disclosed for use by the other person or entity in relation to marketing of a good or service.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   300 penalty units.

Civil penalty provision

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

Civil penalty:   300 penalty units.

61GN Restricted wagering service must include link to National Self -exclusion Register website

(1) A person contravenes this subsection if:

(a) the person provides a restricted wagering service; and

(b) the service includes a website; and

(c) the website does not include a clear and prominent link to the National Self-exclusion Register website that complies with regulations made for the purposes of this paragraph on each page.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   120 penalty units.

Civil penalty provision

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

Civil penalty:   120 penalty units.

Continuing offences or contraventions

(4) A person who contravenes subsection (1) is guilty of a separate offence or contravention of a civil penalty provision in respect of each day (including a day of a conviction for the offence, or the day the relevant civil penalty order is made, or any later day) during which the contravention continues.

Regulations

(5) Regulations made for the purposes of paragraph (1)(c) may include requirements in relation to the following:

(a) the position of the link;

(b) the size of the link;

(c) logos that must be included with the link;

(d) any other information that may be required to be included with the link.

Division 3—Prohibition of advertising of restricted wagering services

61GO Restricted wagering service advertisements not to be broadcast during certain programs

(1) A person contravenes this subsection if:

(a) the person broadcasts a restricted wagering service advertisement in Australia;