Interactive Gambling Amendment (Lottery Betting) Act 2018
No. 73, 2018
An Act to amend the Interactive Gambling Act 2001, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Lottery betting
Interactive Gambling Act 2001
Interactive Gambling Amendment (Lottery Betting) Act 2018
No. 73, 2018
An Act to amend the Interactive Gambling Act 2001, and for other purposes
[Assented to 9 July 2018]
The Parliament of Australia enacts:
1 Short title
This Act is the Interactive Gambling Amendment (Lottery Betting) Act 2018.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 9 July 2018 |
2. Schedule 1 | The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. | 9 January 2019 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Lottery betting
Interactive Gambling Act 2001
1 Section 4 (at the end of the definition of lottery)
Add:
Note: A keno‑type lottery is an example of a lottery.
2 After paragraph 8AA(1)(a)
Insert:
(aa) the service does not relate to betting on the outcome of a lottery; and
(ab) the service does not relate to betting on a contingency that may or may not happen in the course of the conduct of a lottery; and
3 Subparagraph 8A(5)(c)(iii)
Repeal the subparagraph, substitute:
(iii) a service relating to betting on the outcome of a lottery;
(iiia) a service relating to betting on a contingency that may or may not happen in the course of the conduct of a lottery;
4 Transitional—acquisition of property
(1) Paragraphs 8AA(1)(aa) and (ab) and subparagraphs 8A(5)(c)(iii) and (iiia) of the Interactive Gambling Act 2001 (as amended by this Schedule) have no effect to the extent (if any) to which their operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).
(2) Paragraphs 8AA(1)(aa) and (ab) and subparagraphs 8A(5)(c)(iii) and (iiia) of the Interactive Gambling Act 2001 (as amended by this Schedule) do not prevent a person from recovering a debt that was deferred or incurred before the commencement of this item.
[Minister’s second reading speech made in—
House of Representatives on 28 March 2018
Senate on 9 May 2018]
Overview
The Interactive Gambling Amendment (Lottery Betting) Act 2018 was enacted by the Parliament of Australia to address the gap in the Interactive Gambling Act 2001 concerning the regulation of lottery betting. The primary objective of this amendment is to specifically include betting on the outcomes of lotteries and contingencies that may or may not happen in the course of the conduct of a lottery within the scope of interactive gambling services that require a licence under the Interactive Gambling Act 2001. This legislative change ensures that the regulation of interactive gambling is comprehensive and covers all forms of gambling that can be conducted online. The Act received Royal Assent on 9 July 2018 and its provisions related to lottery betting commenced on 9 January 2019.
Scope and Application
The Interactive Gambling Amendment (Lottery Betting) Act 2018 amends the Interactive Gambling Act 2001, extending its scope to explicitly include betting on lotteries and contingencies related to lotteries. This amendment applies to any person or entity engaged in providing interactive gambling services that now include lottery betting, thereby subjecting them to the regulatory requirements outlined in the Interactive Gambling Act 2001. The Act has a national reach, applying across all states and territories of Australia as it is a Commonwealth Act. The amendments introduced by this Act commenced on 9 January 2019, six months after the Act received Royal Assent on 9 July 2018. Notably, the Act includes transitional provisions to ensure that its application does not result in the acquisition of property from any person without just terms, as defined under the Constitution, and it also allows for the recovery of debts incurred prior to the commencement of the amendments.
Key Provisions
The Interactive Gambling Amendment (Lottery Betting) Act 2018 introduces significant changes to the Interactive Gambling Act 2001, particularly concerning the regulation of lottery betting. Section 1 of the Act amends the definition of 'lottery' by adding a note that explains that a keno-type lottery is an example of a lottery (Schedule 1, item 1). This addition clarifies the types of lotteries that fall under the scope of the Act. Following this, item 2 inserts new provisions under paragraph 8AA(1)(a) of the Interactive Gambling Act 2001, specifying that the service must not relate to betting on the outcome of a lottery or betting on a contingency that may or may not happen during the conduct of a lottery. These additions ensure that the interactive gambling services are more clearly defined and regulated.
The Act imposes several obligations on the parties and entities it governs. Primarily, it requires that any interactive gambling services must exclude betting on the outcome of a lottery or on contingencies related to the lottery (Schedule 1, item 2). This means that service providers must ensure their platforms do not facilitate such activities. Furthermore, the Act modifies subparagraph 8A(5)(c)(iii) to include services relating to betting on the outcome of a lottery or on contingencies related to the lottery, thereby broadening the scope of regulated services (Schedule 1, item 3).
In terms of consequences for breach, the Act does not explicitly state offences or penalties within the text provided. However, given the nature of the Interactive Gambling Act 2001, it is reasonable to infer that breaches of these provisions could result in significant penalties. Typically, breaches of the Interactive Gambling Act 2001 may lead to fines and imprisonment, with maximum penalties potentially reaching up to AUD 550,000 for individuals and AUD 2.75 million for bodies corporate, depending on the severity of the offence. Additionally, the transitional provisions under item 4 of Schedule 1 ensure that the new regulations do not unfairly deprive individuals of property acquired before the commencement of the amendments, and do not prevent the recovery of pre-existing debts.