Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

Minister, please resume your seat. Pursuant to order agreed on 18 August, the time allotted for the remaining stages of these bills has expired. The question before the chair is that Australian Greens amendments (1) and (2) on sheet 3995 be agreed to.

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

The next question is that section 62E in item 18 of schedule 1 stand as printed. This is item (7) of the Australian Greens amendments on sheet 3966.

Australian Greens ' circulated amendment—

(7) Schedule 1, item 18, page 19 (line 7) to page 20 (line 26), section 62E to be opposed.

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

I will now put the remaining amendments from the Australian Greens. The question is that amendments on sheets 3989, 3996, 3998 and 4001 and the remaining amendments on sheet 3966 be agreed to.

Australian Greens circulated amendments—

SHEET 3966

(1) Schedule 1, item 6, page 6 (lines 3 to 8), omit subsection 10A(3), substitute:

Racing

(3) To avoid doubt, a sporting event includes each of the following things:

(a) a horse race;

(b) a harness race;

(c) a greyhound race.

(2) Schedule 1, item 6, page 6 (line 15), omit "or (4)".

(3) Schedule 1, item 18, page 12 (lines 25 and 26), omit the paragraph beginning "Exemptions apply".

(4) Schedule 1, item 18, page 13 (lines 28 and 29), omit the definition of dedicated in section 62B.

(5) Schedule 1, item 18, page 14 (line 22), omit the definition of program in section 62B.

(6) Schedule 1, item 18, page 14 (line 25), omit the definition of racing in section 62B.

(8) Schedule 1, item 18, page 21 (line 23), omit "(other than a horse race, harness race or a greyhound race)".

(9) Schedule 1, item 18, page 28 (line 14 to 25), omit subsection 62M(3).

(10) Schedule 1, item 18, page 30 (line 12 to 23), omit subsection 62N(3).

(11) Schedule 1, item 18, page 33 (line 1 to 10), omit subsection 62P(9).

(12) Schedule 1, item 18, page 35 (line 6 to 15), omit subsection 62Q(6).

(13) Schedule 1, item 18, page 40 (lines 29 to 31), omit note 1, substitute:

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

(14) Schedule 1, item 18, page 42 (lines 1 to 14), omit subsection 62W(3).

(15) Schedule 1, item 18, page 42 (lines 33 and 34), omit the note, substitute:

Note: See section 62G for the meaning of odds and promotion of odds.

(16) Schedule 1, item 18, page 43 (lines 1 to 12), omit subsection 62X(2).

______

SHEET 3989

(1) Page 73 (before line 1), before Schedule 2, insert:

Schedule 1B — Scheme for the prevention and recovery of proceeds of crime

Interactive Gambling Act 2001

1 Before Part 2

Insert:

Part 1B — Scheme for the prevention and recovery of proceeds of crime

14C Scheme for the prevention and recovery of proceeds of crime used for interactive gambling services

(1) The Minister must, by legislative instrument, determine a scheme relating to the prevention and recovery of proceeds of crime used for and in relation to interactive gambling services.

(2) Without limiting subsection (1), the scheme must include the following:

(a) a prohibition on a person using property or wealth that is not lawfully acquired (within the meaning of section 336A of the Proceeds of Crime Act 2002) for an interactive gambling purpose;

(b) a method for a person to recover property or wealth that is stolen or embezzled from them, or a sum not exceeding its amount, in a court of competent jurisdiction, in circumstances where that property or wealth was used for an interactive gambling purpose.

(3) In this section:

court of competent jurisdiction has the meaning determined by the Minister by legislative instrument.

interactive gambling purpose includes the purpose, or dominant purpose, of placing, making, receiving or accepting bets, or other forms of interactive gambling.

proceeds of crime has the meaning determined by the Minister by legislative instrument.

wealth has the same meaning as in the Proceeds of Crime Act 2002.

_____

SHEET 3996

(1) Schedule 1, item 1, omit "in certain circumstances".

(2) Schedule 1, item 18, Divisions 1 to 5 of Part 7C, omit the Divisions, substitute:

Division 1 — Preliminary

62A Simplified outline of this Part

62B Definitions

Note: Other definitions are set out in section 4 of this Act, including the following:

(a) access;

(b) broadcasting service;

(c) datacasting service;

(d) online content service;

(e) online content service provider;

(f) sporting event.

In this Part:

account includes:

(a) a free account; and

(b) a pre-paid account; and

(c) anything that may reasonably be regarded as the equivalent of an account.

broadcast means transmit by means of a broadcasting service.

channel has the same meaning as in Part 7 of the Broadcasting Services Act 1992.

content means content:

(a) whether in the form of text; or

(b) whether in the form of data; or

(c) whether in the form of speech, music or other sounds; or

(d) whether in the form of visual images (animated or otherwise); or

(e) whether in any other form; or

(f) whether in any combination of forms.

datacast means transmit by means of a datacasting service.

licensed interactive wagering service has the same meaning as in section 61GB.

licensed interactive wagering service provider has the same meaning as in section 61GB.

notable person: see section 62E.

premises includes:

(a) a structure, building, vehicle, vessel or aircraft, that is in Australia; and

(b) a place (whether or not enclosed or built on) that is in Australia; and

(c) a part of a thing referred to in paragraph (a) or (b).

wagering advertising content has the meaning given by section 62C.

62C Meaning of wagering advertising content

Basic definition

(1) For the purposes of this Part, wagering advertising content means:

(a) advertising content; or

(b) sponsorship content; or

(c) promotional content;

that relates to a licensed interactive wagering service.

Note: Content has a meaning affected by section 62B. For the meaning of licensed interactive wagering service, see section 61GB.

Content taken to be included

(2) Without limiting subsection (1), content is taken to be advertising, sponsorship or promotional content that relates to a licensed interactive wagering service if it:

(a) has a purpose of, or has (or is likely to have) the effect of, promoting the licensed interactive wagering service; and

(b) is by, on behalf of or for the benefit of the licensed interactive wagering service provider.

Wagering advertising content may be determined

(3) The Minister may, by legislative instrument, determine that a specified kind of content is taken to be wagering advertising contentfor the purposes of this Part.

Content may be excluded

(4)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified kind of content is taken not to be wagering advertising contentfor the purposes of this Part.

Exceptions

(5) Content is taken not to be wagering advertising contentfor the purposes of this Part if section 62D applies in relation to the content.

ACMA may give advice

(6) The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (3) or (4).

62D Content taken not to be wagering advertising content

(1) This section has effect for the purposes of subsection 62C(5).

Exception political communication

(2) Content is taken not to be wagering advertising content if:

(a) it does not promote, and is not intended to promote, one or more licensed interactive wagering services; and

(b) it relates solely to government or political matters.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

(3) Without limiting paragraph (2)(a), content that includes the name of a licensed interactive wagering service provider does not, of itself, constitute promotion of a licensed interactive wagering service.

Exception ordinary business matters of providers

(4) Content is taken not to be wagering advertising content if:

(a) the content is provided, included or displayed:

(i) on an online profile of a licensed interactive wagering service provider; or

(ii) as part of the standard wording of an invoice, statement, order form, letterhead, business card, cheque, manual, or other document ordinarily used in the normal course of the business of a licensed interactive wagering service provider (whether or not the document is in electronic form); or

(iii) in an advertisement relating to the internal management or staffing arrangements of the business of a licensed interactive wagering service provider; and

(b) the content does not promote, and is not intended to promote, a licensed interactive wagering service.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: For the purposes of subparagraph (a)(i), see the definition of online profile in subsection (9).

Exception products or services having the same name

(5) Content is taken not to be wagering advertising content if:

(a) the content relates to a product, or a service, that is not a licensed interactive wagering service; and

(b) the content would be wagering advertising content but for the operation of this subsection, because the name (or part of the name) of the product or service is the same as, or substantially similar to, the name (or part of the name) of:

(i) a licensed interactive wagering service; or

(ii) a licensed interactive wagering service provider; and

(c) the manufacturer, distributor or retailer of the product, or the provider of the service, is not:

(i) associated with the licensed interactive wagering service provider; or

(ii) a related body corporate (within the meaning of the Corporations Act 2001) of the licensed interactive wagering service provider.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Exception anti-gambling content

(6) Content is taken not to be wagering advertising content if:

(a) the content would be wagering advertising content but for the operation of this subsection; and

(b) the sole or principal purpose of the content is to discourage the use of wagering services or other gambling services.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Subsequent use or display of content

(7) The application of subsection (2), (4), (5) or (6) in relation to content does not prevent a subsequent use or display of the content from constituting wagering advertising content for the purposes of this Part.

Meaning of online profile

(8) In this section:

online profile, of a licensed interactive wagering service provider, means a profile, account, website, channel, feed, listing, or other digital representation that an online content service has for the provider.

62E Meaning of notable persons

Basic definition

(1) For the purposes of this Part, notable person includes any of the following:

(a) a current or former professional sports player or athlete;

(b) a current or former celebrity;

(c) a current or former social media influencer;

(d) a current or former prominent individual;

(e) a person included in a class of persons that the Minister determines under subsection (3);

regardless of whether the person is in or outside Australia.

(2) However, notable person does not include a person included in a class of persons that the Minister determines under subsection (4).

Minister may make determination

(3) If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine a specified class of persons for the purposes of paragraph (1)(e).

(4) If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine a specified class of persons for the purposes of subsection (2).

ACMA may give advice

(5) The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (3) or (4).

62F Prohibition on wagering advertising content

Civil penalty provision broadcasting or datacasting

(1) A person contravenes this subsection if the person does one or more of the following:

(a) broadcasts or datacasts wagering advertising content in Australia;

(b) authorises or causes wagering advertising content to be broadcast or datacast in Australia.

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

Civil penalty provision online content services

(2) A person contravenes this subsection if:

(a) the person is an online content service provider; and

(b) wagering advertising content is provided in Australia on the online content service.

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Civil penalty: 1,000 penalty units.

(3) A person contravenes this subsection if the person authorises or causes wagering advertising content to be included in content provided on an online content service in contravention of subsection (2).

Civil penalty: 1,000 penalty units.

Civil penalty provision uniforms and at sporting venues etc.

(4) A licensed interactive wagering service provider contravenes this section if the licensed interactive wagering service provider authorises or causes:

(a) wagering advertising content to be displayed on:

(i) a uniform worn by an individual in Australia who is a participant or official in connection with a sporting event or an activity related to a sporting event; or

(ii) premises in connection with a sporting event or an activity related to a sporting event; and

(b) the display is available to or accessible by, or capable of being seen or heard by, the public or a section of the public.

Civil penalty: 1,000 penalty units.

Civil penalty provision entering into sponsorship contracts etc.

(5) A licensed interactive wagering service provider contravenes this subsection if:

(a) the licensed interactive wagering service provider makes a contract or arrangement, or arrives at an understanding; and

(b) the contract, arrangement or understanding relates to the sponsorship, participation or involvement of a notable person in connection with the promotion of wagering advertising content in Australia.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.

Note 2: For the meaning of notable person, see section 62E.

Civil penalty: 1,000 penalty units.

(3) Schedule 1, item 20, omit the item, substitute:

20 At the end of section 64A

Add:

; or (x) subsection 62F(1); or

(xa) subsection 62F(2); or

(xb) subsection 62F(3); or

(xc) subsection 62F(4); or

(xd) subsection 62F(5); or

(4) Schedule 1, item 22, omit the item, substitute:

22 At the end of subsection 64 C( 1)

Add:

; (x) subsection 62F(1);

(xa) subsection 62F(2);

(xb) subsection 62F(3);

(xc) subsection 62F(4);

(xd) subsection 62F(5);

(5) Schedule 1, item 24, omit the item, substitute:

24 At the end of subsection 64 D( 1) (before the note)

Add:

; or (x) subsection 62F(1);

(xa) subsection 62F(2);

(xb) subsection 62F(3);

(xc) subsection 62F(4);

(xd) subsection 62F(5);

(6) Schedule 5, items 3 to 5, omit the items, substitute:

3 Application provision

(1) Subsections 62F(1), (2), (3) and (4) of the new IGA Act apply in relation to the following on or after the commencement day:

(a) a broadcast or datacast;

(b) content that is provided on an online content service;

(c) content that is delivered to (or attempted to be delivered to) or accessed by an individual on or after the commencement day.

(2) Subsection 62F(5) of the new IGA Act applies in relation to a contract, arrangement or understanding entered into on or after the commencement day.

_____

SHEET 3998

(1) Schedule 1, item 1, omit paragraph (3)(h), substitute:

(h) wagering inducements must not be offered, provided or advertised to individuals in Australia.

(2) Schedule 1, item 18 at the end of section 62A, add:

(3) Schedule 1, item 18, page 15 (after line 13), after the definition of wagering advertising contentin section 62B, insert:

wagering inducement has the meaning given by section 62ZAB.

(4) Schedule 1, item 18, after Division 5, insert:

Division 5A — Prohibition on wagering inducements

62ZAA Simplified outline of this Division

62ZAB Meaning of wagering inducement

Basic definition

(1) A wagering inducement is any benefit, offer, reward, credit, payment or advantage that:

(a) is offered, provided, or otherwise communicated to an individual in Australia; and

(b) is contingent upon, or is intended to encourage, facilitate or reward, any of the following:

(i) opening or maintaining a licensed interactive wagering service account;

(ii) making one or more bets or wagers;

(iii) increasing the frequency, volume or value of betting or wagering activity;

(iv) remaining an active customer of a licensed interactive wagering service;

(v) depositing funds into a licensed interactive wagering service account.

(2) Without limiting subsection (1), each of the following is taken to be a wagering inducement if it is offered, provided or otherwise communicated to an individual in Australia:

(a) a sign-up bonus (including any bonus credit, free bet or other benefit offered to a new customer);

(b) a free bet (including a no-deposit bet, a matched bet or a risk-free bet);

(c) an odds boost (including any enhancement, promotion or special price offered in relation to a bet);

(d) a cashback offer (including any refund, rebate or return of funds contingent on betting activity);

(e) a reload bonus (including any credit, promotion or incentive offered to an existing customer contingent on a deposit or betting activity);

(f) a VIP or loyalty incentive (including any reward, benefit, preferential treatment or status linked to the volume, frequency or value of a customer's wagering activity);

(g) a referral incentive (including any benefit offered to an existing customer contingent on referring another person to the service);

(h) a benefit, offer, reward, credit, payment or advantage specified for the purposes of this paragraph in an instrument under subsection (3).

(3) The Minister may, by legislative instrument, specify a benefit, offer, reward, credit, payment or advantage for the purposes of paragraph (2)(h).

Exclusions

(4) Despite subsections (1) and (2), wagering inducement does not include any of the following that is offered, provided, or otherwise communicatedto an individual in Australia:

(a) standard pricing (including odds for a sporting event or race published in the ordinary course of providing a licensed interactive wagering service);

(b) a benefit that is offered to all customers of a licensed interactive wagering service on equivalent terms without regard to betting activity, deposit history or account status;

(c) a winnings payment made to a customer in accordance with the outcome of a bet;

(d) a benefit, offer, reward, credit, payment or advantage specified for the purposes of this paragraph in an instrument under subsection (5).

(5) The Minister may, by legislative instrument, specify a benefit, offer, reward, credit, payment or advantage for the purposes of paragraph (4)(d).

ACMA may give advice

(6) The ACMA may provide advice to the Minister on any matter relevant to the making of an instrument under subsection (3) or (5).

62ZAC Prohibition on offering etc. wagering inducements

Civil penalty provision offering etc. wagering inducement

(1) A licensed interactive wagering service provider contravenes this subsection if the provider offers, provides or otherwise communicates a wagering inducement to an individual in Australia.

Civil Penalty: 10,000 penalty units.

Exception to subsection (1)

(2) Subsection (1) does not apply if:

(a) the wagering inducement was offered, provided or otherwise communicated as a result of a genuine error, mistake or accident; and

(b) as soon as practicable after becoming aware of the error, mistake or accident, the provider takes all reasonable steps to reverse or cancel the offer, provision or communication.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Civil penalty provision authorising or causing a wagering inducement to be offered etc.

(3) A person contravenes this subsection if the person:

(a) offers, provides or otherwise communicates a wagering inducement to an individual in Australia, on behalf of a licensed interactive wagering service provider; or

(b) authorises or causes a licensed interactive wagering service provider to offer, provide or otherwise communicate a wagering inducement to an individual in Australia.

Civil Penalty: 10,000 penalty units.

Exceptions to subsection (3)

(4) Subsection (3) does not apply if:

(a) the person's authorising of, or causing of, the licensed interactive wagering service provider to offer, provide or otherwise communicate a wagering inducement to an individual in Australia, as mentioned in subsection (3), was a result of a genuine error, mistake or accident; and

(b) as soon as practicable after becoming aware of the error, mistake or accident, the person takes all reasonable steps to get the licensed interactive wagering service provider to reverse or cancel the offer, provision or communication.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

(5) Subsection (3) does not apply if:

(a) the person is an individual; and

(b) the individual engages in the conduct mentioned in paragraph (3)(a) or (b) in the individual's personal capacity.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Example 1: An individual who is a customer of a licensed interactive wagering service provider is sent a wagering inducement by the provider, and forwards the wagering inducement to a friend, in return for the provider giving the individual a reduced subscription to the service. Since the individual is acting in their personal capacity, they do not contravene subsection (3).

Example 2: An individual who is an employee of a licensed interactive wagering service provider, acting in the course of their employment, authorises another individual who is an employee of the provider to send, on behalf of the provider, a wagering inducement to a third individual in Australia. Neither employee is acting in their personal capacity, and so neither employee is covered by the exception in subsection (5).

(6) For the purposes of paragraph (5)(b), an individual who engages in conduct mentioned in paragraph (3)(a) or (b) does not do so in the individual's personal capacity if the individual does so in the individual's capacity as an employee, director or officer of:

(a) the licensed interactive wagering service; or

(b) a contracted service provider in relation the licensed interactive wagering service provider; or

(c) a related body corporate of the licensed interactive wagering service provider.

(7) In subsection (6), director, officer and related body corporate have the same meanings as in the Corporation Act 2001.

(8) Subsection (6) does not limit the circumstances in which an individual taken, for the purposes of paragraph (5)(b), not to engage in conduct in the individual's personal capacity.

62ZAD Prohibition on advertising etc. wagering inducements

Civil penalty provision advertising etc. on broadcasts, datacasts or online content services

(1) A person contravenes this subsection if:

(a) either:

(i) the person broadcasts or datacasts content in Australia; or

(ii) the person is an online content service provider and content is provided in Australia on the online content service provided by the person; and

(b) the content advertises, promotes or otherwise communicates the availability of a wagering inducement.

Civil Penalty: 10,000 penalty units.

Civil penalty provision authorising or causing advertising etc.

(2) A person must not authorise or cause content that advertises, promotes or otherwise communicates the availability of a wagering inducement to be:

(a) broadcasted or datacasted in Australia; or

(b) provided in Australia on an online content service.

Civil Penalty: 10,000 penalty units.

Civil penalty provision direct communication of advertising etc.

(3) A licensed interactive wagering service provider contravenes this subsection if:

(a) the provider sends a direct communication, or causes a direction communication to be sent, to an individual in Australia (whether by electronic message, push notification, postal communication, telephone call or any other means); and

(b) the direct communication advertises, promotes or otherwise communicates the availability of a wagering inducement.

Civil Penalty: 10,000 penalty units.

62ZAE Prohibition on communicating wagering inducements to registered individuals

Civil penalty provision

(1) A licensed interactive wagering service provider contravenes this subsection if:

(a) the provider communicates a wagering inducement to an individual in Australia; and

(b) the individual is a registered individual (within the meaning of section 61GB) at the time of the communication.

Note: See also Division 5 of Part 7B, which deals with the marketing of licensed interactive wagering services to registered individuals. This section applies in addition to that Division.

Civil Penalty: 20,000 penalty units.

(2) To avoid doubt, in proceedings for a civil penalty order against a licensed interactive wagering service provider for a contravention of subsection (1), it is not necessary to prove that the provider knew, or could reasonably be expected to have known, that the individual was a registered individual at the time of the communication.

Note: See also section 94 of the Regulatory Powers Act.

Exception

(3) Subsection (1) does not apply if:

(a) the communication was made as a result of a genuine error, mistake or accident; and

(b) as soon as practicable after becoming aware of the error, mistake or accident, the licensed interactive wagering service provider takes all reasonable steps to reverse or cancel the communication.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

62ZAF Record keeping in relation to this Division

Conduct covered by this section

(1) This section applies to a licensed interactive wagering service provider if the provider engages in any of the following conduct:

(a) offering, providing or otherwise communicating a wagering inducement to an individual in Australia (whether by means of a broadcast or datacast, or an online content service, or by any other means);

(b) authorising or causing a licensed interactive wagering service provider to do a thing mentioned in paragraph (a);

(c) advertising, promoting or otherwise communicating the availability of a wagering inducement to an individual in Australia (whether by means of a broadcast or datacast, or an online content service, or by any other means);

(d) authorising or causing a person to do a thing mentioned in paragraph (c).

Civil penalty provision keeping records

(2) The licensed interactive wagering service provider must keep and retain, for a period of 3 years after engaging in the conduct, sufficient records to enable it to be readily ascertained whether the conduct complies with this Division.

Civil Penalty: 1,200 penalty units.

ACMA may request records

(3) The ACMA may, by written notice given to a licensed interactive wagering service provider, request the provider to make available to the ACMA a record that the provider is required to keep and retain under subsection (2).

Civil penalty provision making records available

(4) If the ACMA makes a request under subsection (3) that a licensed interactive wagering service provider make a record available to the ACMA, the provider must comply with the request.

Civil penalty: 1,200 penalty units.

62ZAG Publishing information about contraventions and alleged contraventions of this Division

Scope of this section

(1) This section applies if:

(a) a relevant court makes a civil penalty order against a person for a contravention of a civil penalty provision of this Division; or

(b) a person pays an amount stated in an infringement notice given to the person in relation to an alleged contravention of a civil penalty provision of this Division.

Publication

(2) The ACMA may publish on its website any or all of the following:

(a) the name of the person;

(b) a description of the conduct constituting the contravention or alleged contravention;

(c) the provision of this Division contravened or alleged to have been contravened;

(d) the amount of the pecuniary penalty ordered by the court, or stated in the infringement notice, as the case may be;

(e) any other matter the ACMA considers relevant to public understanding of the contravention or alleged contravention.

Opportunity to comment

(3) Before publishing information about a person under subsection (2), the ACMA must:

(a) give the person written notice of the information the ACMA proposes to publish; and

(b) give the person a period of not less than 14 days to make a submission to the ACMA about the proposed publication; and

(c) have regard to any submission made by the person within that period.

Duration of publication

(4) Information published under subsection (2) must remain published for a period of not less than 2 years, unless the ACMA is satisfied that it is no longer in the public interest for the information to remain published.

No admission of liability etc.

(5) To avoid doubt, if the ACMA publishes information under subsection (2) about a person who has paid an amount stated in an infringement notice that relates to an alleged contravention of a civil penalty provision, that publication does not constitute:

(a) a finding that the person has contravened the civil penalty provision; or

(b) an admission by the person of guilt or liability for the alleged contravention.

No limit on other publication powers

(6) This section does not limit any power that the ACMA has apart from this section to publish information, including in an annual report or in the exercise of any of the ACMA's other reporting functions.

(5) Schedule 1, item 20, page 52 (after line 23), after paragraph 64A(xv), insert:

(xva) subsection 62ZAC(1); or

(xvb) subsection 62ZAC(3); or

(xvc) subsection 62ZAD(1); or

(xvd) subsection 62ZAD(2); or

(xve) subsection 62ZAD(3); or

(xvf) subsection 62ZAE(1); or

(xvg) subsection 62ZAF(2); or

(xvh) subsection 62ZAF(4); or

(6) Schedule 1, item 22, page 52 (before line 33), before paragraph 64C(1)(x), insert:

(wa) subsection 62ZAC(1);

(wb) subsection 62ZAC(3);

(wc) subsection 62ZAD(1);

(wd) subsection 62ZAD(2);

(we) subsection 62ZAD(3);

(wf) subsection 62ZAE(1);

(wg) subsection 62ZAF(2);

(wh) subsection 62ZAF(4);

(7) Schedule 1, item 22, page 52 (line 33), omit "; (x)", substitute "(x)".

(8) Schedule 1, item 24, page 53 (before line 31), before paragraph 64D(1)(x), insert:

(wa) subsection 62ZAC(1);

(wb) subsection 62ZAC(3);

(wc) subsection 62ZAD(1);

(wd) subsection 62ZAD(2);

(we) subsection 62ZAD(3);

(wf) subsection 62ZAE(1);

(wg) subsection 62ZAF(2);

(wh) subsection 62ZAF(4);

(9) Schedule 1, item 24, page 53 (line 31), omit "; (x)", substitute "(x)".

(10) Schedule 5, page 95 (after line 5), after item 5, insert:

5A Application provision — wagering inducements

(1) Section 62ZAC of the new IGA Act applies in relation to conduct occurring on or after the commencement day.

(2) Section 62ZAD of the new IGA Act applies in relation to the following:

(a) a broadcast or datacast that occurs on or after the commencement day;

(b) content is that provided on an online content service on or after the commencement day;

(c) a direct communication that occurs on or after the commencement day.

(3) Section 62ZAE of the new IGA Act applies in relation to a communication that occurs on or after the commencement day.

(4) Section 62ZAF of the new IGA applies in relation to conduct mentioned in subsection 62ZAF(1) of that Act that occurs on or after the commencement day.

(5) Section 62ZAG of the new IGA Act applies in relation to the following:

(a) a civil penalty order for a contravention of a civil penalty provision, if the contravention occurred on or after the commencement day;

(b) an infringement notice that relates to an alleged contravention of a civil penalty provision, if the contravention was alleged to have occurred on or after the commencement day.

_____

SHEET 4001

(1) After Schedule 1, insert:

Schedule 1A — Restrictions on gambling advertisements on SBS

Special Broadcasting Service Act 1991

1 Subsection 45(1)

Omit "subsection (2)", insert "subsections (2) and (2A)".

2 After subsection 45(2)

Insert:

(2A) The SBS must not broadcast an advertisement that is a designated interactive gambling service advertisement (within the meaning of the Interactive Gambling Act 2001).

3 Subsection 45 A( 1)

Omit "The SBS", substitute "Subject to subsection (1A), the SBS".

4 After subsection 45(1)

Insert:

(1A) The SBS must not have an advertisement on any of its digital media services that is a designated interactive gambling service advertisement (within the meaning of the Interactive Gambling Act 2001).

David Pocock (ACT, Independent) | Link to this | Hansard source

by leave—Mr Deputy President, please, can I note my opposition to sheet 3966.

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

Thank you, Senator Pocock. I will now deal with the amendments circulated by Senator Cadell, beginning with amendment (1) on sheet 4008. The question is that item 1 in schedule 4 stand as printed.

Opposition 's circulated amendments—

(1) Schedule 4, item 1, page 106 (lines 4 to 8), to be opposed.

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

The question is now that the remaining amendment on sheet 4008 be agreed to.

Opposition's circulated amendment—

(2) Schedule 4, item 11, page 109 (line 9), omit subparagraph 8D(2)(a)(iii).

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

I will now deal with the amendments circulated by Senator David Pocock. The first question is that sections 62L and 62RA in item 18 of schedule 1, and schedule 4A stand as printed.

Senator David Pocock's circulated amendments—

SHEET 3864 REVISED 2

(6)—Schedule 4A, page 110 (line 1) to page 122 (line 8), to be opposed.

_____

SHEET 3867 REVISED

(6) Schedule 1, item 18, page 25 (line 28) to page 27 (line 8), section 62L to be opposed.

(11)—Schedule 1, item 18, page 40 (line 1) to page 41 (line 27), section 62RA to be opposed .

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

The question is that amendments on sheet 3865, 3868 revised; 3925, 3926, 3927, 3928, 3994 and 4004; the remaining amendments on sheet 3864 revised and 3867 revised; and request for amendment on sheet 3993 be agreed to.

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

I will now deal with the amendments circulated by the Jacqui Lambie Network. The question is that the amendments on sheet 3970 be agreed to.

Jacqui Lambie Network's circulated amendments—

(1) Clause 2, after table item 2, insert:

(2) Before Schedule 5, insert:

Schedule 4D — Regulating gambling like elements in computer games

Classification (Publications, Films and Computer Games) Act 1995

1 Section 5

Insert:

in-game purchase, in relation to a computer game, means a purchase made within the computer game:

(a) using real world currency; or

(b) using in-game virtual currency, items or credits that can be purchased using real-world currency.

linked to elements of chance has a meaning affected by subsection 9B(2).

loot box, in relation to a computer game, means a virtual container, however described that rewards a player of the computer game with an in-game digital item, where the exact reward the player is to receive is not disclosed to the player prior to receiving the virtual container.

Note: Loot boxes may be known by other names in the computer game industry including but not limited to prize crates and card packs.

simulated gambling has the same meaning as in the Guidelines for the Classification of Computer Games 2023.

2 Section 9

After "section 9A", insert "or section 9B".

3 After section 9A

Insert:

9B Minimum classification for computer games with gambling like elements

Computer games with gambling like elements must be classified R 18+

(1) Subject to section 9A, a computer game must be classified R 18+ or a higher classification if the computer game contains, or allows access to:

(a) an in-game purchase linked to elements of chance; or

(b) simulated gambling.

(2) For the purposes of paragraph (1)(a), an in-game purchase is linked to elements of chance if the exact good, service or reward that a person will receive from the in-game purchase is not disclosed to the person before the in-game purchase is made.

Example: If a computer game contains a loot box that may be purchased in-game, the computer game contains an in-game purchase linked to elements of chance.

(3) In determining whether a computer game contains, or allows access to, an in-game purchase linked to elements of chance (the purchase), it is immaterial whether:

(a) the computer game may be played without making the purchase; or

(b) the goods, services or rewards that can be received from the purchase have monetary value outside of the game; or

(c) a person knows what some or all of the possible goods, services or rewards the person could receive from the purchase are; or

(d) the probability that the person will receive a particular good, service or reward from the purchase is disclosed; or

(e) each of the goods, services or rewards that a person could receive from the purchase are of equal value; or

(f) the computer game is supplied to users for free.

4 Application

The amendments made by this Schedule apply in relation to classification decisions made on or after the commencement of this item.

Question negatived.

Senator David Pocock.

David Pocock (ACT, Independent) | Link to this | Hansard source

Please can I note my support of Jacqui Lambie's amendments.

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

Senator Hanson-Young.

Sarah Hanson-Young (SA, Australian Greens) | Link to this | Hansard source

by leave—I would like to put on the record, Chair, the Greens' support for those amendments as well.

Bills agreed to.

Bills reported without amendment; report adopted.

Slade Brockman (WA, Deputy-President) | Link to this | Hansard source

The question is that the remaining stages of the bills be agreed to and the bills be now passed.