Interactive Gambling Act 2001 (Cth)

Interactive Gambling Act 2001

No. 84, 2001

Compilation No. 24

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Interactive Gambling Act 2001 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Introduction 1 Short title 2 Commencement 3 Simplified outline of this Act 4 Definitions 5 Prohibited interactive gambling services 8 Australian‑customer link 8AA Telephone betting service 8A Excluded wagering service 8B Excluded gaming service 8BA Place‑based betting service 8BB Trade promotion gambling service 8C Designated broadcasting link and designated datacasting link 8D Excluded lottery service 8E Regulated interactive gambling service 8F Prohibited internet gambling content 9A Designated country 9B Designated country‑customer link 10 Exempt services 10A Sporting event 10B In‑play betting service 11 Extended meaning of use 11A Credit 12 Crown to be bound 13 Extension to external Territories 14 Extra‑territorial application Part 2—Designated interactive gambling services not to be provided to customers in Australia 15 Prohibited interactive gambling services not to be provided to customers in Australia 15AA Unlicensed regulated interactive gambling services not to be provided to customers in Australia Part 2A—Australian‑based prohibited interactive gambling services not to be provided to customers in designated countries 15A Australian‑based prohibited interactive gambling services not to be provided to customers in designated countries Part 2B—Prohibitions relating to credit and digital currency for certain interactive wagering services 15B Simplified outline of this Part 15C Prohibitions relating to credit and digital currency for certain interactive wagering services 15D Exception—provider's annual wagering turnover less than $30 million 15E Exception—customer is a gambling service provider 15F Acquisition of property Part 3—Complaints system: gambling services etc. Division 1—Making of complaints to the ACMA 16 Complaints in relation to gambling services etc. 17 Complaints about breaches of online provider rules etc. 18 Form of complaint 19 Residency etc. of complainant Division 2—Investigations by the ACMA 21 ACMA may investigate matters 22 Conduct of investigations 23 Protection from civil proceedings Division 3—Action to be taken in relation to prohibited internet gambling content 24 Action to be taken in relation to prohibited internet gambling content 25 Deferral of action in order to avoid prejudicing a criminal investigation 26 Anti‑avoidance—notified internet content 29 Notification of internet content Part 4—Complaints system: industry code and industry standard Division 1—Simplified outline 32 Simplified outline Division 2—Interpretation 33 Industry code 34 Industry standard 35 Designated internet gambling matters Division 3—General principles relating to industry code and industry standard 36 Statement of regulatory policy 37 Matters that must be dealt with by industry code and industry standard Division 4—Industry code 38 Registration of industry code 39 ACMA may request code 40 Publication of notice where no body or association represents internet service providers 41 Replacement of industry code 42 Compliance with industry code 43 Formal warnings—breach of industry code Division 5—Industry standard 44 ACMA may determine an industry standard if a request for an industry code is not complied with 45 ACMA may determine industry standard where no industry body or association formed 46 ACMA may determine industry standard—total failure of industry code 47 ACMA may determine industry standard—partial failure of industry code 48 Compliance with industry standard 49 Formal warnings—breach of industry standard 50 Variation of industry standard 51 Revocation of industry standard Division 6—Industry code and industry standard to be included on a Register 53 Industry code and industry standard to be included on a Register Part 5—Complaints system: online provider rules 54 Online provider rules 55 Compliance with online provider rules 56 Remedial directions—breach of online provider rules 57 Continuing offences 57A Continuing contravention of civil penalty provisions 58 Formal warnings—breach of online provider rules 59 Federal Court may order a person to cease supplying internet carriage services Part 6—Complaints system: protection from civil proceedings 60 Protection from civil proceedings Part 7—Complaints system: review of decisions 61 Review of decisions Part 7A—Prohibition of advertising of designated interactive gambling services Division 1—Interpretation: definitions 61AA Definitions Division 2—Interpretation: designated interactive gambling service advertisement 61BA Basic meaning of designated interactive gambling service advertisement 61BB Exception—political communication 61BC Exception—Websites etc. and business documents 61BD Exception—premises of providers 61BE Exceptions—management advertisements etc. 61BF Exception—products or services having the same name as a designated interactive gambling service 61BG Exception—anti‑gambling advertisements 61BGA Exception—advertisements of a kind specified in the regulations 61BH Definition Division 3—Interpretation: publication of designated interactive gambling service advertisements 61CA Basic meaning of publish a designated interactive gambling service advertisement 61CB Publish does not include broadcast or datacast 61CC Exception—trade communications 61CD Exception—advertisements in telephone directories 61CE Exception—ordinary activities of exempt libraries 61CF Exception—acknowledgments of assistance or support Division 4—Broadcasting or datacasting of designated interactive gambling service advertisements in Australia 61DA Designated interactive gambling service advertisements not to be broadcast or datacast in Australia 61DB Accidental or incidental broadcast or datacast permitted 61DC Broadcast or datacast of advertisements during flights of aircraft Division 5—Publication of designated interactive gambling service advertisements in Australia 61EA Designated interactive gambling service advertisements not to be published in Australia 61EB Periodicals distributed outside Australia—acts of publication permitted 61ED Accidental or incidental publication permitted 61EE Publication by person not receiving any benefit permitted 61EF Publication of advertisements during flights of aircraft Division 6—Miscellaneous 61FA Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened 61FD Additional conditions for licences under the Broadcasting Services Act 1992 Part 7B—National Self‑exclusion Register Division 1—Introduction 61GA Simplified outline of this Part 61GB Definitions 61GC Proclaimed start day 61GD When an outstanding or pending bet is resolved 61GE Electronic messages 61GF Regulated electronic messages 61GG Regulated telemarketing calls 61GH Regulated direct marketing material Division 2—National Self‑exclusion Register 61HA National Self‑exclusion Register Division 3—Registration in the National Self‑exclusion Register 61JA Application for registration 61JB Applicable identification procedure 61JC Registration 61JD Bribery etc. 61JE Re‑registration 61JF Duration of registration 61JG Extension of duration of registration 61JH Expiry of registration 61JI Variation of the National Self‑exclusion Register—nominated support person 61JJ Variation of the National Self‑exclusion Register—other matters 61JK Deregistration—application by a registered individual 61JL Archived records consent 61JM Deregistration—other grounds 61JN Correction of the National Self‑exclusion Register 61JO Register rules may make further provision in relation to the National Self‑exclusion Register 61JP Licensed interactive wagering service providers must promote the National Self‑exclusion Register etc. Division 4—Prohibition of the provision of licensed interactive wagering services to registered individuals 61KA Prohibition of the provision of licensed interactive wagering services to registered individuals Division 5—Prohibition of the marketing of licensed interactive wagering services to registered individuals 61LA Regulated electronic message must not be sent to an electronic address of a registered individual 61LB Regulated telemarketing calls must not be made to a registered individual 61LC Regulated direct marketing material must not be sent to a registered individual 61LD Information about a registered individual must not be disclosed for marketing purposes Division 6—Rules about licensed interactive wagering service accounts etc. 61MA Licensed interactive wagering service account must not be opened for a registered individual 61MB Closure of a licensed interactive wagering service account held by a registered individual—no outstanding or pending bets 61MC Closure of a licensed interactive wagering service account held by a registered individual—outstanding or pending bets Division 7—Disclosure of protected information 61NA Protected information 61NB Unauthorised disclosure of protected information 61NC Access to the National Self‑exclusion Register by a licensed interactive wagering service provider 61ND Access to the National Self‑exclusion Register by a registered individual 61NE Access to the National Self‑exclusion Register by a nominated support person 61NF Disclosure to State/Territory wagering licensing or regulatory bodies 61NG Disclosure to Ministers 61NH Disclosure to public servants for advising their Ministers etc. Division 8—Collection of cost recovery levy 61PA When levy is due and payable 61PB Late payment penalty 61PC Recovery of levy and late payment penalty 61PD Refund of overpayment of levy or late payment penalty Division 9—Miscellaneous 61QA Computerised decision‑making 61QB Dealing with complaints 61QC Application of the Privacy Act 1988 to the Register operator 61QD Application of the Freedom of Information Act 1982 to the Register operator 61QE Implied freedom of political communication 61QF Review of this Part 61QG Evaluation of this Part 61QH Register rules Part 8—Miscellaneous 62 Application of Criminal Code 63 Conduct by directors, employees and agents 64 Service of summons or process on foreign corporations—criminal proceedings 64A Civil penalty provisions—formal warnings 64B Civil penalty provisions—enforcement 64C Civil penalty provisions—infringement notices 64D Civil penalty provisions—injunctions 64E Civil penalty provisions—enforceable undertakings 64F Civil penalty provisions—remedial directions 64G Continuing contraventions 65 Service of notices 66 Application of the Broadcasting Services Act 1992 67 Additional ACMA function—monitoring compliance with codes and standards 68 Register 69 Operation of State and Territory laws 69A Regulations about unenforceability of agreements relating to illegal interactive gambling services 70 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes