Authorised Betting Operations (User Bans) Amendment Bill 2024 (SA)

South Australia Authorised Betting Operations (User Bans) Amendment Bill 2024 A Bill For An Act to amend the Authorised Betting Operations Act 2000.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Authorised Betting Operations Act 2000 3 Insertion of section 43A 43A User bans etc 4 Insertion of section 60AA 60AA User bans etc 5 Insertion of section 62AB 62AB User bans etc

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Authorised Betting Operations (User Bans) Amendment Act 2024. 2—Commencement This Act comes into operation 1 month after the day on which it is assented to by, or on behalf of, the Crown.

Part 2—Amendment of Authorised Betting Operations Act 2000 3—Insertion of section 43A After section 43 insert: 43A—User bans etc (1) The following are conditions of a major betting operations licence or an on-course totalisator betting licence: (a) the licensee must not refuse to accept, or place restrictions on, a bet or bets from a person unless the licensee has given the person written notice of the reasons for the refusal or restriction; (b) the licensee must not refuse to accept, or place restrictions on, a bet or bets from a person based on the previous success of a betting pattern or strategy used by the person or the amount of money that has previously been returned to the person as a result of successful betting by the person (whether or not such betting occurred with the licensee), unless— (i) the bet or bets could, if accepted, result in the licensee having to pay out an amount that is more than $5 000 above the amount of the bet or bets; and (ii) the licensee would not have sufficient funds to make such a payment; (c) the licensee must not refuse to pay-out money standing to the credit of a person based on a minimum payout or minimum withdrawal limit. Note— Subsection (1)(b) does not affect the ability of a licensee to refuse to accept, or place restrictions on, a bet or bets from a person on other grounds, such as suspected unlawful activity by the person or the existence of a barring order relating to the person. (2) A licensee who breaches a condition specified in subsection (1) is guilty of an offence. Maximum penalty: (a) for a first offence—$100 000; (b) for a subsequent offence—$500 000 or imprisonment for 2 years. (3) In this section— restriction, in relation to a bet or bets by a person, includes any act to limit betting by the person or to provide a barrier or disincentive to betting by the person, whether in relation to a particular bet or a class of betting (including, for example, by capping bet amounts or giving less favorable odds for bets by the person). 4—Insertion of section 60AA After section 60 insert: 60AA—User bans etc (1) The following are conditions of a bookmaker's licence: (a) the licensee must not refuse to accept, or place restrictions on, a bet or bets from a person unless the licensee has given the person written notice of the reasons for the refusal or restriction; (b) the licensee must not refuse to accept, or place restrictions on, a bet or bets from a person based on the previous success of a betting pattern or strategy used by the person or the amount of money that has previously been returned to the person as a result of successful betting by the person (whether or not such betting occurred with the licensee), unless— (i) the bet or bets could, if accepted, result in the licensee having to pay out an amount that is more than $5 000 above the amount of the bet or bets; and (ii) the licensee would not have sufficient funds to make such a payment; (c) the licensee must not refuse to pay-out money standing to the credit of a person based on a minimum payout or minimum withdrawal limit. Note— Subsection (1)(b) does not affect the ability of a licensee to refuse to accept, or place restrictions on, a bet or bets from a person on other grounds, such as suspected unlawful activity by the person or the existence of a barring order relating to the person. (2) A licensee who breaches a condition specified in subsection (1) is guilty of an offence. Maximum penalty: (a) for a first offence—$100 000; (b) for a subsequent offence—$500 000 or imprisonment for 2 years.. (3) In this section— restriction, in relation to a bet or bets by a person, includes any act to limit betting by the person or to provide a barrier or disincentive to betting by the person, whether in relation to a particular bet or a class of betting (including, for example, by capping bet amounts or giving less favorable odds for bets by the person). 5—Insertion of section 62AB After section 62A insert: 62AB—User bans etc (1) An authorised interstate betting operator— (a) must not refuse to accept, or place restrictions on, a bet or bets from a person in this State unless the licensee has given the person written notice of the reasons for the refusal or restriction; and (b) must not refuse to accept, or place restrictions on, a bet or bets from a person in this State based on the previous success of a betting pattern or strategy used by the person or the amount of money that has previously been returned to the person as a result of successful betting by the person (whether or not such betting occurred with the licensee), unless— (i) the bet or bets could, if accepted, result in the licensee having to pay out an amount that is more than $5 000 above the amount of the bet or bets; and (ii) the licensee would not have sufficient funds to make such a payment; and (c) must not refuse to pay-out money standing to the credit of a person in this State based on a minimum payout or minimum withdrawal limit. Note— Subsection (1)(b) does not affect the ability of an authorised interstate betting operator to refuse to accept, or place restrictions on, a bet or bets from a person on other grounds, such as suspected unlawful activity by the person or the existence of a barring order relating to the person. (2) An authorised interstate betting operator who breaches a condition specified in subsection (1) is guilty of an offence. Maximum penalty: (a) for a first offence—$100 000; (b) for a subsequent offence—$500 000 or imprisonment for 2 years.. (3) In this section— restriction, in relation to a bet or bets by a person, includes any act to limit betting by the person or to provide a barrier or disincentive to betting by the person, whether in relation a particular bet or a class of betting (including, for example, by capping bet amounts or giving less favorable odds for bets by the person).