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Aussie Internet Gaming Bill Presented
to Senate
As a follow-up to the Gambling Times news item on the problems faced
by Australian Internet gaming sites we present the following Associated
Press Release. We will refrain from editorial comment other than
to suggest that should the bill pass the Senate it bodes ill for
not only site operators situated in Australia but for a myriad of
sites located outside of Australia's jurisdiction! Once again "moral
legislation" is alive and well!
ASSOCIATED PRESS, APRIL 6, 2001
AUSTRALIA INTERACTIVE GAMING BILL 2001
This Bill has been presented and read to the Senate on 5 April 2001.
The purpose of the Bill is to regulate interactive gambling and
for related purposes. The intent is to limit the development of
interactive gambling and to minimize the scope of problem gambling
among Australians. This is intended to … prohibit Australian
based interactive gambling services from permitting persons physically
present within Australia from using an Australian based interactive
gambling service.
The bill creates:
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an offence
for providers with a specified link to Australia to provide
interactive gambling services to a person physically present
in Australia; |
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an industry-based
system for complaints as to availability of interactive gambling
services to Australians; |
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a requirement
that the Australian Broadcast Authority ("ABA") refer
the complaint as to Internet content hosted in Australia, to
the police if the ABA considers it appropriate; |
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provision for prohibited
Internet content hosted outside Australia and which is available
to Australians by an operation linked to Australia to be notified
to police and for the ABA to be responsible to notify internet
service providers as to any such content. Such content to be
dealt with in accordance with procedures in the industry code
or standard; |
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protection for internet
service providers complying with any code or standard, from
civil proceedings to the extent that the code or standard deals
with the procedures for regulating Internet content (eg. procedures
relating to provision of regularly updated Internet content
filtering software to subscribers). |
are defined to include:
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betting; |
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lotteries; |
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games of skill
and/or skill and chance, played for money; |
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or any other
gambling services within the ordinary meaning of the term. |
The definition is broad enough to include
racing; sports betting; and lotteries as well as casino style games.
Industry codes may be created and
registered with the ABA and voluntarily complied with, or the APA
may prescribe industry standards compliance with which, is compulsory.
The penalties for non-compliance with the requirements of the Bill
are substantial. Current penalties are $220,000.00 per day for an
individual and $1.1 million per day for a corporation.
The Act is to be reviewed by the Minister before 1 July 2004 and
a report must be prepared of the review.
Senator Brown has issued a press release stating that wagering should
be exempt. The Bill has been referred to a Senate Committee to be
debated on 23 May 2001.
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