UPDATED AS AT 4/11/2002

1. Overview

Online gambling is specifically regulated at a Federal level by the Interactive Gambling Act 2001 (Cth). Gambling that falls outside the ambit of this legislation is the individual responsibility of each of the Australian States and Territories.(1)

2. Interactive Gambling Act 2001 ('Act') Cth

The 3 main elements of the federal regulatory regime established by the Act are:

I. The prohibition on the provision of interactive gambling services.

II. The creation of a complaints scheme, with the Australian Broadcasting Authority (ABA) responsible for investigating complaints by members of the public. Together with a requirement that industry codes or a standard be developed and registered. To comply, the Internet Industry Association developed the Interactive Gambling Industry Code 2001.

III. The prohibition on advertising in Australia of interactive gambling services.


The majority of the Act became effective in mid-2001, with the exception of the enforcement provisions of the complaints scheme which came into force in January 2002.(2)

The elements of the Act are discussed in more detail below.

I. The prohibition on the provision of interactive gambling services

(a) The offence

The Act targets the providers of interactive gambling services and not the actual or potential customer. It is an offence to provide interactive gambling services to a customer physically present in Australia, irrespective of whether the customer is an Australian or not.(3)

The offence applies to both local and foreign interactive gambling providers.(4) However, from a practical perspective only those foreign interactive gambling providers that have a connection to Australia are likely to be prosecuted.

The maximum penalty for the offence is $220,000 per day for individuals (5) and $1.1 million per day for bodies corporate.(6)

Internet service providers (ISPs) will not be guilty of the offence, unless they provide the interactive gambling service themselves.

(b) What are interactive gambling services?

'Interactive gambling services' are defined in the Act as gambling services that are provided, in the course of business, using:

* an internet carriage service;
* any other listed carriage service;
* a broadcasting service;
* another content service; or
* a datacasting service.(7)

'Gambling service' is defined in section 4 to be:

* a service for the placing, making, receiving or acceptance of bets; or

* a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; or

* a service for the conduct of a lottery; or

* a service for the supply of lottery tickets; or

* a service for the conduct of a game, where:
(i) the game is played for money or anything else of value; and
(ii) the game is a game of chance or of mixed chance and skill; and
(iii) a customer of the service gives or agrees to give consideration to play or enter the game; or

* gambling service (within the ordinary meaning of that expression) that is not covered by any of the above paragraphs.

However, a range of interactive gambling services has been specifically excluded from the definition of 'interactive gambling service' in section 5 for the purposes of the Act.

(c) Excluded Services (8)

Specifically, the provision of the following interactive gambling services is NOT prohibited:

* A telephone betting service.

* A service for online wagering (eg on a horse race, a harness race, a greyhound race, a sporting event, on an event or a series of events). However, bets must be placed before the commencement of the event. Services that provide for betting AFTER the event has commenced, ie real time 'ball by ball' betting or 'half time' bets, are prohibited, as are services for accepting bets after the start of the game on a contingency that may or may not happen during the game.(9)

* A public gaming service, ie specific gaming services provided in licensed pubs, clubs or casinos including linked poker machines in clubs.(10)

* Interactive television promotions. A gambling service is excluded if it is expressly or exclusively associated with a particular broadcasting or datacasting program, or its sole purpose is to promote goods or services that are advertised on a broadcast service.(11) Examples are interactive TV game shows and promotions with entry fees in the form of a 1900 telephone number.

* Online lotteries and online sale of lottery tickets. However, online scratch or instant lotteries and services betting on the outcome of scratch or instant lotteries or other gambling games are not permitted.(12)

* Contracts that are financial products within the meaning of Chapter 7 of the Corporations Act 2001 (Cth). This would include contracts for options, futures and agreements entered into on a futures market or a futures exchange.

* Exempt services as determined by the Minister.(13)

Then there are those games 'predominantly of skill' which fall outside the definition of gambling service which only catches games of 'chance or of mixed chance and skill'. This means that computer games or other interactive games predominantly of skill are not prohibited. (14)

(d) Australian Customers?

The offence will not apply if the interactive gambling service provider did not know and could not, with reasonable diligence, have ascertained that its service had Australian customers. (15)

Therefore, interactive gambling service providers that can show that they have exercised reasonable diligence in ensuring that Australian customers are prevented from using their service will have a defence against the offence provision. According to the Act the following matters are to be taken into account when ascertaining whether the service provider has exercised reasonable diligence:

* whether prospective customers were informed that Australian law prohibits the provision of the service to customers who are physically present in Australia;

* whether customers were required to enter into contracts that were subject to an express condition that the customer was not to use the service if the customer was physically present in Australia;

* whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia;

* whether the person has network data that indicates that customers were physically present outside Australia:
(i) when the relevant customer account was opened; and
(ii)throughout the period when the service was provided to the customer; and

* any other relevant matters. (16)

(e) Offence of providing an Australian based interactive gambling service to customers in designated countries.

Residents of foreign countries may gamble at Australian-based interactive gambling sites (eg Australian-based online casinos) unless their government opts out of receiving Australian interactive gambling services under section 15A of the Act. Section 15A provides for an offence of providing an Australian-based interactive gambling service to customers in designated countries. A country is designated by way of a ministerial declaration, though a foreign country is yet to avail itself of this. To do so, the country would need to have legislation corresponding to the section 15 prohibition in force.(17)

Establishing the designated country link depends on whether the gambling service can be accessed by a person physically present within the designated country (akin to the Australian customer concept).

Residency or citizenship issues are not relevant in determining whether an interactive gambling site is Australian-based, rather it goes to where and how the service is provided. (18) An example would be where a company provides online gambling services through a website maintained in an off-shore jurisdiction, but the company has its main offices in Australia.

(f) Regulations relating to unenforceability of agreements

In an attempt to overcome some of the jurisdictional issues the Federal Government may face in enforcing the Act against providers of interactive gambling services that have no physical presence in Australia, the Act provides for the development of regulations relating to agreements (eg the payment of money) involving illegal interactive gambling services. The regulations may provide:

* that an agreement has no effect to the extent to which it provides for the payment of money for the supply of an illegal interactive gambling service; and

* that civil proceedings do not lie against a person to recover money alleged to have been won from, or paid in connection with, an illegal gambling service. (19)

The Act provides that the Minister must take reasonable steps to ensure that these regulations are made by January 2002.(20) To date no such regulations have been implemented.


II. Complaints System and Industry Code

(a) Complaints System

A complaint can be made to the ABA by an Australian resident or a company that is active in Australia where there is reason to believe that end-users using an internet carriage service can access prohibited interactive gambling content in Australia.(21)

The complaint must:

* identify the internet content;
* set out how to access the internet content, for example a URL or a password;
* identify the country where the content is hosted, if it is known;
* set out the complainant's reasons for believing the internet content is prohibited internet gambling content; and
* set out any other information the ABA requires.

Complaints can also be made about an ISP that breaches a code or standard.(22)

Where a complaint is made in good faith, the complainant will receive immunity from any civil action arising against them as result of the complaint.(23)

(b) Investigations by the ABA

Upon receipt of a bona fide complaint, the ABA will take the following courses of action:

Internet content hosted in Australia
If the internet content is hosted in Australia and the ABA considers that the complaint should be referred to an Australian police force, it must do so and advise the complainant in writing.(24)

Internet content hosted outside Australia
If the internet content is hosted outside Australia, and the ABA believes the content needs to be referred to either a domestic or a foreign law enforcement agency, it must contact a member of an Australian police force.(25) The ABA must also notify the ISP industry of the content in accordance with the designated notification scheme specified in the industry code (see below).

The ABA may also investigate the following matters on its own initiative:
* whether an ISP is supplying access to prohibited internet gambling content hosted outside of Australia; and * whether an ISP has contravented the Code or a direction from the ABA.

(c) Industry Code

On 13 December, 2001, after community and industry comment, the ABA registered a code of practice developed by the Internet Industry Association (IIA). The code is called the Interactive Gambling Industry Code . The Code was developed to comply with requirements of the Interactive Gambling Act 2001 (Cth).(26)

Application
The code applies to all Internet Service Providers (ISPs) who provide access to the internet within Australia.

Commencement
The Code came into effect on 13 December 2001(27).

The Core Provisions
The Code specifies the designated notification scheme under which the ABA is to notify the industry of prohibited internet gambling content and the procedures to be followed by the industry in dealing with the relevant content.

Under the designated notification scheme the ABA is to:

* directly notify (whether by email or otherwise).(28) the Suppliers of Scheduled Filters (which are listed in Schedule 1 of the Code)of the addresses of the prohibited internet gambling content of Prohibited Internet Gambling Content (prohibited Internet; and

* notify ISPs of prohibited internet gambling content on a regular basis.(29) After being notified, the ISP must provide its individual subscribers with updated Scheduled Filters, and its commercial subscribers with "reasonably effective means of proventing access" that takes into account the subscriber's network requirements, at a charge determined by the ISP. This must be done as soon as "practicable".(30)

However, if the subscriber already has reasonably effective means of preventing access to prohibited sites then the ISPs obligations under the Code do not apply. For example: commercial subscribers, schools, educational and other institutions and other subscribers who have already prevented access to the prohibited internet gambling content (31).

Compliance with the Code is voluntary unless the ABA directs an ISP to comply with the Code.(32). Non-compliance with a direction results in a maximum penalty of $27,500, with an additional $2,750 for every day the offence continues.(33). The ABA may also apply to the Federal Court for an order that the ISP cease supplying the relevant internet carriage service.(34).


III. Prohibition on advertising in Australia

This part under the Act can be broken up into four sections:

(a) The two offences
(b) What constitutes "advertising"?
(c) What amounts to "publishing"?
(d) Exclusions/ defences

(a) The two offences

Under the Act, there are two separate offences that prohibit advertising for interactive gambling services in Australia.

Offence 1: Publication of interactive gambling service advertisements in Australia
Section 61EA makes it an offence if a person publishes, authorises or causes the publishing of an interactive gambling service advertisement in Australia.

Advertisements on internet sites not specifically aimed at Australian end-users are not prohibited. They are not considered to be published in Australia: s 61EA(3).

Publication of the following interactive gambling advertisements is permitted under the Act:

* Publication in periodicals not principally intended for distribution indistributed outside of Australia, s 61EB;
* Publication in connection with an Australian sporting and cultural events of international significance specified by the Minister, s 61EC;
* Accidental or incidental publication, s 61ED;
* Publications by persons not receiving any direct or indirect benefits, s 61EE; and
* Publication of advertisements during international flights, s 61EF.

Offence 2: Broadcasting or datacasting of interactive gambling services in Australia
It is an offence under section 61DA if a person broadcasts or datacasts, authorises or causes the broadcasting or datacasting in Australia of an interactive gambling advertisement, other than:

* accidental or incidental broadcast, s 61DB; and
* broadcasts and datacasts of advertisements during international flights, s 61DC.

The maximum penalty for each separate offence is $13,200 for individuals and $66,000 for corporations.(35)

(b) What constitutes "advertising"?

Advertising for interactive gambling services is defined widely to be anything that gives publicity or otherwise promotes an interactive gambling service, its trade mark, a domain name or URL that relates to an interactive gambling service, and any words that are closely associated with an interactive gambling service.(36)

However, the following are allowed for the purposes of the Act:

* political communications which do not promote interactive gambling services, s61BB;
* words, signs or symbols (but not images) on the internet sites and business documents of the interactive gambling service provider, s61BC;
* words, signs or symbols (but not images) appearing on the premises of the interactive gambling service provider (both inside and on the outside), s61BD;
* advertising relating to internal management of the interactive gambling service provider, s61BE;
* action to prevent persons becoming the victims of fraud, s 61BE;
* products or services with the same name as an interactive gambling service provided by persons not associated with the gambling service, s61BF;
* anti-gambling advertisements, s61BG; and * advertisements of a kind specified in the regulations, s 61BGA.

( c) What amounts to publishing?

A person publishes an interactive gambling site if the person does any of the following things:

* includes the advertisement on an internet site;
* includes the advertisement in a document such as a newspaper, magazine, program, leaflet, or ticket, that is available or distributed to the public;
* includes the advertisement in a film, video, television or radio program that is intended to be seen or heard by the public;
* sells, hires or otherwise supplies the advertisement or something containing the advertisment to the public;
* displays, screens or plays the advertisement so that it can be seen or heard in a public place, on public transport or in a workplace; or
* otherwise brings the advertisement to the notice of or disseminates the advertisement to the public by any means, including by means of film, video, computer disk or electronic medium, s61CA.

However, there are exceptions to the above. The following activities do not amount to "publishing" as prohibited by the Act:

* trade communications, s61CC;
* advertisements in telephone directories (with the exception of online directories that link to an interactive gambling site), 61CD;
* ordinary activities of libraries, s61CE; or
* acknowledgements of assistance or support, s 61F.

(d) Defences of Existing Contracts or Arrangements

The following instances of publication of an interactive gambling service advertisement will not be prohibited if:

* the advertisement is published before 1 July 2003 and pursuant to a contract or arrangement for the sponsorship of an event, activity or service, entered into before the commencement of the Act (11 July 2001);(37) OR

* the interactive gambling service advertisement sign is (pursuant to a contract or arrangement entered into before 11 July 2001) displayed before 1 July 2003 and is compliant with the relevant regulations (no relevant regulations have yet been issued);(38) AND

* each party to the contract or arrangement notified the Minister before the publication of the advertisement or display of the sign.

3. Interactive Home Gambling National Model (39)

Before the Federal Government became involved in online gambling, Australian State and Territory Gaming and Racing Ministers developed a "Draft Regulatory Control Model for Uniform Interactive Home Gambling" (National Model) in May 1996. The Australian Capital Territory (ACT), Queensland and Victoria have enacted Internet gaming legislation in accordance with the National Model.

The National Model seeks to regulate interactive gaming by granting licences to parties who meet specific criteria in the promotion and conduct of such games. Licences granted in one state are intended to have reciprocal status in other member states. Despite the above enactments:

* the National Model has not been fully or consistently implemented and given the introduction of the Interactive Gambling Act 2001 will most likely never be implemented; and

* interactive gambling licences have been issued by the Australian States and Territories under the existing legislative regime.

Section 69 of the Interactive Gambling Act 2001provides that the Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with the Act. In practice this analysis can only be done on a case by case basis, however:

* if exempt under the Act it may not necessarily be exempt under a State or Territory law; and

* may be prohibited under the Act even if licensed or authorised under a State or Territory law.

In light of the Act, State or Territory specific internet gaming legislation continues to be of significance but primarily only in so far as it regulates the licensing of Australian-based interactive gaming providers in the provision of interactive gambling services off-shore

The following discussion is subject to the above legislative limitations and uncertainty.

4. ACT, Queensland and Victoria

(a) Prohibition on unauthorised interactive gambling

In the ACT , Queensland , and Victoria , generally, a person must not participate in, encourage or facilitate another to participate in an interactive game knowing the game is not an authorised game.(40) It is unclear whether an ISP is caught by this prohibition.

(b) What interactive games are regulated?

A game in which:

* potential exists for winning a prize consisting of money or value through the rules of the game;
* players participate by means of a "telecommunications device" and make a payment to participate in the game; and
*a winner of a prize may be decided by chance or skill.

(c) What is a telecommunications device?

* a computer adapted for communicating by way of the internet or another communications network;
* a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network;
* a telephone; or
* any other electronic device for communicating at a distance.

(d) Games not regulated

Generally, the legislation does not apply to racing and betting games authorised under other Queensland, Victorian or ACT gaming legislation.

(e) Co-operative Scheme

A participating jurisdiction must recognise corresponding laws in another jurisdiction provided an inter-governmental agreement exists and covers:

* taxation of authorised games on a uniform and consistent basis;
* collaboration between gaming officials in both jurisdictions;
* mutual recognition of licences and administrative acts; and
* sharing of tax revenue.

Participating jurisdictions need not be limited to Australia

(f) Authority to conduct a particular interactive game

The Minister may give an authorisation to a licensed Service Provider (SP) to conduct a particular interactive game.

(g) Registration of players

A player cannot be allowed to participate in an authorised game unless first registered.

A player may register by giving evidence of his or her identity, place of residence and age (must be at least 18 years old). Registration cannot take place until the player’s identity has been confirmed by a control system implemented by the SP. Each player should be required to consent to that confirmation process to avoid any breach of privacy.

(h) Wager account must be established

No player can be allowed to participate unless an account is first established containing sufficient funds to cover wagers made.

(i) Comply with rules of game

Players are required to comply with the rules of the game as notified to the player. See contract law issues below.

(j) Advertisement of authorised games

A SP may advertise and promote an authorised game but must not advertise the availability of specific premises for playing interactive gambling games.

(k) Discretion of regulators

The relevant licensing authority is given broad discretionary power to refuse a licence application, impose conditions on a licence or the operation of a game and suspend or cancel a licence. Limited grounds of appeal exist.

(l) Key Persons

The Queensland and ACT legislation identifies key persons as those who act in a managerial position or have certain control over the operations of a licensee. Enforcement provisions apply to key persons in certain cases.

(m) Liability for Tax

An interactive gambling tax is paid (at a rate fixed by regulation) by a licensee for each authorised game conducted by it.

(n)Other Issues

* equipment and premises used to conduct gaming must be approved;
* a licensee cannot provide credit;
* the operation of inactive accounts is controlled;
* a person can declare themself a "problem gambler" by written notice to a licensee and ban themselves or limit their bets. Third parties may make a similar application in respect of specified persons;
* approval is required for agreements entered into by a licensee under which amounts received by the licensee from gaming operations are shared and payable to another person; and
* licensees must refund any amount wagered by a player if an authorised game is interrupted by the failure of an operating or telecommunications system. Interruptions of this type must be notified to the relevant authority.

5. Norfolk Island

Norfolk Island has enacted specific legislation similar to Queensland regulating the grant of interactive gambling licenses. The regulatory provisions are mainly contained in the conditions upon which approval is given to the licensee’s systems and procedures by the relevant authority.(41)

6. Northern Territory

Existing gaming legislation has been amended to regulate Internet gaming.(42) Regulations have been enacted incorporating player protection provisions similar to the National Model. Certain Northern Territory based operators have been licensed to carry on internet gambling operations. The restrictions applying to each operator are contained in individual agreements between the Territory and the relevant operator.

7. Tasmania

Existing gaming legislation has been amended to provide for the grant of an interactive gambling licence with a nominated endorsement. The licensed operator may conduct gambling activities on the internet in accordance with that endorsement. An endorsement may include:

* simulated gaming;
* fixed odds;
* lottery; and
* sportsbetting.(43)

Conditions which may apply to a licence include the approval of the relevant authority to any premises, software or system used to conduct interactive gambling operations.

8. New South Wales, South Australia and Western Australia

New South Wales, South Australia and Western Australia have not enacted specific legislation on Internet gambling. The existing legislative regimes in these States contain prohibitions which apply in general terms to prohibit operators from providing or promoting interactive gambling services to residents in those States.

Despite the lack of specific legislation, certain operators in these States have been granted licenses to carry on interactive sports betting and wagering services on the internet.(44)

9. Contract law issues (45)

In relation to any online gambling service, the parties must adequately identify themselves to one another, identify the terms and conditions for use of the service and select the jurisdiction of the contract. The following paragraphs summarise these issues:

(a) Age

The SP should require the player to disclose personal information to confirm the player complies with the SP’s terms and conditions of use and to assist the SP in determining the physical location of the player. The SP should guarantee the player it will not misuse the information and will comply with any legislation concerning the player’s privacy.

(b) Funding

The SP should, in relation to payment card information given by a player:

* treat it as sensitive private information and state its policy in this regard;
* secure it as far as reasonably practicable (by encryption);
* validate player information by confirming with the issuer of the payment card there is available credit which can be used by the SP;
* confirm the payment card issuer will honour the payment if the player places losing bets without winning; and
*arrange for payment of winnings direct to the player whose identity has been verified.

(c) External factors

In the online world, the SP should identify the extent to which the following external factors impact upon the SP's contractual relations with a player:

* any relevant government legislation (eg privacy, gaming, consumer protections including unconscionable contracts or dealings, currency laws may require off line verification of certain payments deposited into the account of one party by another party). This is particularly of significance in regards to the provision of prohibited interactive gambling services in Australia;
* the SP’s ISP contract and ISP browser (eg security, operation standards);
* the terms of use of the player’s payment card; and
* the third party payment delivery system used (eg postal service, telegraphic transfer, bank cheque, digital cash, smart card).

(d) The law of the contract and enforcement

Generally, Australian courts will give effect to an appropriate express choice of law provision in a contract (eg “This contract is governed by the law of NSW”). Certain consumer protection laws cannot be contracted out of and may apply regardless of a choice of law provision (eg Australian trade practices legislation).

Where there is no express choice of law provision, the contract will generally be interpreted in accordance with the law it has the closest connection to. This may involve an analysis of the nature, subject matter and formation of the contract.

In common law countries, gaming contracts are generally invalid as being contrary to public policy unless permitted by law. Even if a licence has been granted to a SP in one jurisdiction, difficulties may exist in recovering the proceeds of bets from parties resident in other jurisdictions. Payment in advance may not affect this outcome in jurisdictions where the player is not required to honour the payment under the relevant local law.

A common licence condition imposed on a gambling SP is to comply with all relevant laws. If a prosecution is brought against the SP in one jurisdiction, it is unclear what effect this has on a licence with the above condition granted in another jurisdiction.

(f) Reasonable Diligence

The SP should exercise, at least, reasonable diligence in ensuring that players in those jurisdictions where interactive gambling is prohibited are prevented from using the service, in accordance with section 15(4) of the Interactive Gambling Act 2001 (see Part I(d) above).

10. Consumer protection

An Australian-based online gambling site should:

* use software which prevents participation from persons in unauthorised jurisdictions (including Australia) to avoid potential legal action arising under the gambling laws in the unauthorised jurisdiction;

* subject to the prohibition on the advertising of interactive gambling services, in all advertisements on the internet promoting the site, expressly state the jurisdictions the site is made available to and those it is not (eg the service is not available to persons inside Australia);

* establish relationships with providers of payment services (eg credit card, smart card or digital cash companies) and check the standard terms of payment card contracts to validate information provided by a player during registration;

*as part of the registration process, require the player to identify whether or not the terms of his or her credit card (or other payment system) prohibit or permit the use of the payment card for on-line gambling;

* have an express condition that the players is not to use the service if the player is physically present in a country where online gambling is prohibited (eg Australia); and

* establish systems during the registration process requiring the player to read and understand the terms and conditions of use and acknowledge agreement or disagreement by separate active clicks.

Other relevant Fact Sheets:

Sources of Law
Interactive Gambling Act 2001
Interactive Gambling (Player Protection) Act 1998 (QLD)
Interactive Gambling (Player Protection) Act 1999 (VIC)
Interactive Gambling Act 1998 (ACT)
Norfolk Island Gaming Act 1998
Gaming Control Act 1993 (NT)
Gambling Control Act 1993 (Tas)
Unlawful Gambling Act 1998 (NSW)
Lottery and Gaming Act 1936 (SA)
Gaming and Betting (Contracts and Securities) Act 1985 (WA)
Gaming Commission Act 1987 (WA)

End Notes
1. Interactive Gambling Act 2001 (Cth), s 69, provides that the Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with the Commonwealth Act.
2. The Act came into force on 11 July 2001. However, the Parts of the Act prohibiting the provision of interactive gambling services (Parts 2 and 2A) and the advertising of interactive gambling serices (Part 7A) came into force on 8 August 2002. Parts 3 and 5, and ss 42,43, 48 and 49, which contain the enforcement provisions for the complaints scheme, came into effect on 12 January 2002.
3. Interactive Gambling Act 2001, s15.
4. Interactive Gambling Act 2001, s 15(5). Supplementary Explanatory Memorandum, p.3.
5. This is aimed at directors and chief executives of companies, Interactive Gambling Act 2001s15. 6. Under subsection 4B(3) of the Crimes Act 1914, if a body corporate is convicted of an offence against a Commonwealth law, the Court may impose a penalty of up to 5 times the amount of the maximum penalty that could be imposed on a natural person.
7. Interactive Gambling Act 2001, s 5
8. Interactive Gambling Act 2001, s5(3)
9. Interactive Gambling Act 2001, s8A
10. Interactive Gambling Act 2001, s8B. Specific gaming services are those for the conduct of a game, where:
(i) the game is played for money or anything else of value; and
(ii) the game is a game of chance or of mixed chance and skill; and
(iii) a customer of the service gives or agrees to give consideration to play or enter the game (s5(e)).
11. Interactive Gambling Act 2001, s8C
12. Interactive Gambling Act 2001, s8D.
13. Interactive Gambling Act 2001, s 10.
14. Interactive Gambling Bill 2001, Revised Explanatory Memorandum, page 14.
15. Interactive Gambling Act 2001, 15(3)
16. Interactive Gambling Act 2001, s 15(4)
17. Interactive Gambling Act 2001, s9A
18. Interactive Gambling Act 2001, s15A(7)
19. Interactive Gambling Act 2001, s69A. The Government has put forward its federal banking regulatory powers to force Australian banks to dishonour debts that have been accrued by Australians while playing in online casinos based in foreign jurisdictions.
20. However, other than receiving submissions on this by interested parties, not much has progressed and it is hard to see the banks supporting this given the potential to undermine the banks credit rating. For a more detailed analysis on this point see the article by James Elder "Internet Gambling don't fence us in" in elawpractice Issue 05 August 2001.
21.Interactive Gambling Act 2001, s 16 and Interactive Gambling Act 2001, s 19.
22. Interactive Gambling Act 2001, s 17.
23. Interactive Gambling Act 2001, s 23.
24. Interactive Gambling Act 2001, s 20.
25. Interactive Gambling Act 2001, s 24.
26. Interactive Gambling Act 2001, s 36. This is modelled on Schedule 5 of the Broadcasting Services Act 1992 that deals with the regulation of online content, see Online Content Regulation fact sheet.
26. See Division 5, Interactive Gambling Act 2001
27. Under s42, Interactive Gambling Act 2001, the ABA may direct compliance with the industry code.
28. Interactive Gambling Industry Code 2001, para 5.1(a).
29. Interactive Gambling Industry Code 2001, para 5.1(b).
30. Interactive Gambling Industry Code 2001, para 5.3.
31. Interactive Ga