Interactive Gambling (National Self-exclusion Register) Register Rules 2022

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Interactive Gambling Act 2001

Interactive Gambling (National Self-exclusion Register) Register Rules 2022

Authority

The Australian Communications and Media Authority (the ACMA) has made the Interactive Gambling (National Self-exclusion Register) Register Rules 2022 (the Rules) under subsection 61QH(1) of the Interactive Gambling Act 2001 (the Act).

Subsection 61QH(1) of the Act authorises the ACMA to make rules by legislative instrument prescribing matters required or permitted by Part 7B of the Act.

Purpose and operation of the instrument

Under subsection 61HA(1) of the Act, the ACMA must arrange for a body corporate (the Register operator) to keep, on behalf of the ACMA, the National Self-exclusion Register (the Register). The ACMA will also be responsible for enforcement of compliance with the Register scheme and have oversight of the Register operator.

The Register will allow individuals to exclude themselves from being provided interactive wagering services by all licensed interactive wagering service providers in Australia, including marketing material, in a single process. The Register scheme thereby addresses a critical gap in consumer protection for interactive wagering in Australia and will assist those at risk of or already experiencing significant harm from interactive wagering.

Part 7B of the IGA contains offence and civil penalty provisions that apply to licensed interactive wagering service providers who open an interactive wagering account for, provide interactive wagering services to, or market directly to, individuals on the Register.

The Register reflects the principles set out in the National Policy Statement for the National Consumer Protection Framework for online wagering, as agreed by all Australian governments.

Under subsection 61QH(1) of the Act, the ACMA may, by legislative instrument, make rules prescribing matters required or permitted by Part 7B of the Act to be prescribed. The Rules establish administrative, operational, and technical details of the Register. The Rules also establish how licensed interactive wagering service providers must promote the Register.

A provision-by-provision description of the Rules is set out in the notes at Attachment A.

The Rules are a legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Documents incorporated by reference

The Rules incorporate the following Acts and legislative instruments (including by the adoption of definitions), or otherwise refer to them:

The Acts and legislative instrument listed above are incorporated as in force from time to time, in accordance with section 10 of the AIA and subsection 13(1) of the LA and may be obtained from the Federal Register of Legislation free of charge at http://www.legislation.gov.au.

Consultation

Before the Rules were made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA. In accordance with subsection 61QH(3) of the Act, the ACMA also consulted with the responsible Minister.

The ACMA undertook targeted stakeholder consultation with industry and other interested groups between 22 November and 10 December 2021. Feedback received from this consultation informed a draft of the Rules which the ACMA publicly consulted on from 22 February 2022 until 22 March 2022.

The draft Rules and a consultation paper were published on the ACMA’s website and the ACMA sent an electronic communication to approximately 150 stakeholders from licensed interactive wagering service providers, industry peak bodies, state and territory regulators and licensing bodies, community and advocacy groups, and IT providers to industry, to invite comment on the Rules. The consultation paper sought comment on the matters included in the draft instrument as well as inviting general comments.

The ACMA received 7 submissions to the consultation from industry, consumer advocacy and academic stakeholders. All non-confidential submissions were published on the ACMA website after consultation had closed.

The submissions provided a broad range of feedback on the draft Rules. Key comments raised by the different cohorts of stakeholders included comments about:

Some submissions raised issues that were outside of the scope of matters that the ACMA can specify in the Rules. These included requirements that are set in the Act, such as the minimum self-exclusion period and the need for individuals seeking registration in the Register to register themselves.

The ACMA considered all relevant issues raised by the submissions when finalising the Rules and made appropriate changes to the Rules.

Regulatory impact assessment

The Department of Social Services undertook a Council of Australian Governments’ (COAG) Decision Regulatory Impact Statement to support the implementation of the National Consumer Protection Framework for online wagering which includes the Register. The Office of Best Practice Regulation has determined that, as the Decision Regulatory Impact Statement was previously undertaken, additional analysis is not required for the Rules (reference ID 20531).

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument. 

The statement of compatibility with human rights is set out at Attachment B.

Attachment A

Notes to the Interactive Gambling (National Self-exclusion Register) Register Rules 2022

Part 1 – Preliminary

Section 1 Name

This section provides for the instrument to be cited as the Interactive Gambling (National Self-exclusion Register) Register Rules 2022 (the Rules).

Section 2 Commencement

This section provides for the Rules to commence at the start of the day fixed by Proclamation for the purposes of subsection 61GC(1) of the Interactive Gambling Act 2001 (the Act).

Section 3 Authority

This section identifies the provision of the Act that authorises the making of the Rules, namely subsection 61QH(1) of the Act.

Section 4 Definitions

This section defines a number of key terms used throughout the Rules. 

The note to this section makes it clear that some other expressions used in the Rules are defined in the Act.

Section 5 References to other instruments

This section provides that in the Rules, unless the contrary intention is indicated:

• a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
• a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of the Rules.

Part 2 – The Register

Section 6 Name of the Register

Section 6 provides that the Register will also be known as BetStop.

Part 3 – Applications to the Register operator

Section 7 Applications

Section 7 provides that the following applications to the Register operator may be made via the BetStop website (www.betstop.gov.au) or by telephone (1800 238 786):

(a)    an application to register made under subsection 61JA(1) of the Act;

(b)    an application to extend the duration of registration made by a registered individual under subsection 61JG(1) of the Act;

(c)    an application to nominate a new nominated support person made by a registered individual under section 14 of the Rules;

(d)    an application to remove a nominated support person made by a registered individual, or by the relevant nominated support person, under subsection 15(1) of the Rules;

(e)    an application to update information in an entry in the Register by:

(i)     a registered individual relating to information about that individual; or

(ii)   a nominated support person relating to information about that person;

(f)     an application to correct an entry made by a registered individual or by a nominated support person under section 18; and

(g)    an application to deregister made by a registered individual under subsection 61JK(1) of the Act.

Further detail about the different applications is provided in the relevant sections of the Rules.

Section 8 Information required to be included in an application to register

Section 8 sets out the information that must be included in an application by an individual to register for self-exclusion made under subsection 61JA(1) of the Act.

Subsection 8(1) requires an application to register to include the following information relating to the applicant:

(a)    their full name;

(b)    their contact details, being a mobile phone number and an email address;

(c)    their date of birth;

(d)    their residential address, including their postcode; and

(e)    any information required by the Register operator to verify the identity of the person making the application for the purpose of section 9.

This information is required in an application to register as it will be used by the Register operator to match data provided by licensed interactive wagering service providers to give effect to an individual’s decision to self-exclude. The Register operator will not be required to accept an application to register that does not include this necessary information. Requiring this information in the Rules will also facilitate effective identity verification and validation of the identity information provided by individuals wishing to register.

Paragraph 8(1)(e) provides for the Register operator to require further information in the application to register in order to adequately carry out the applicable identification procedure as set out in section 9. This may include the details included on identity documents, such as driver’s licences, so that the information provided by the individual in an application can be verified.

Under subsection 61JA(7)) of the Act, an individual may nominate up to 5 other individuals to be their nominated support person. Subsection 8(2) sets out the following information that must be included in an application if a support person is nominated:

(a)    the name and email address of each nominated support person; and

(b)    a statement from the registered individual that they consent to the Register operator notifying each nominated support person of the matters referred to in section 12.

Obtaining the name and email address of the nominated support person will enable the Register operator to notify the support person of information required under the Act, and assist the support person in supporting the individual who has nominated them.

The ACMA and the Register operator are required to comply with the PA. Information about, or included in, an application made by an individual under the instrument (e.g. under section 7 described above) will include personal information under the PA and must be handled by the Register operator, the ACMA and all Commonwealth entities in accordance with the Australian Privacy Principles in Schedule 1 to the PA (the APPs). Such information also meets the definition of ‘protected information’ under section 61NA of the Act.

Importantly, unauthorised disclosure of ‘protected information’ is an offence under subsection 61NB(1) of the Act, and may amount to a contravention of a civil penalty provision under subsection 61NB(2) and may result in penalties of 120 and 180 penalty units, respectively.

Disclosure of ‘protected information’ can only be undertaken in accordance with the strict requirements set out in subsections 61NB(3), (4), (6) and (7) of the Act.

Section 9 Applicable identification procedure

Section 9 defines the ‘applicable identification procedure’ that the Register operator must attempt to carry out under subsection 61JB(1) of the Act in respect of an individual that wishes to register for self-exclusion.

Subsection 9(1) provides that the Register operator must, upon receiving an application to register, verify the information provided under subsection 8(1) in accordance with the applicable identification procedure to confirm that the:

(a)    applicant is who they claim to be; and

(b)    information provided in the application is accurate.

This requirement is necessary so that the information collected under section 8 of the Rules for inclusion in BetStop has integrity. It will mean that the Register operator can have a high degree of confidence in the information provided by the individual that will subsequently be used to match against customer information held by licensed interactive wagering service providers to give effect to a person’s choice to self-exclude.

Subsection 9(2) provides that the applicable identification procedure will involve the Register operator using:

(a)    a government online verification service, defined under section 4; and

(b)    unique verification codes which are sent via SMS message and email to the respective mobile number and email address associated with the applicant.

The use of a government online verification service will allow for the validity of information to be confirmed through the databases of relevant government agencies, providing a necessary level of confidence in the verification process. The sending of verification codes to the applicant’s mobile number and email address will allow the Register operator to confirm that an applicant has access to the contact details that they have included in their application.

Subsection 9(3) specifies that, by virtue of subsections 61JB(2) and (3) of the Act, the Register operator is not required to undertake the applicable identification procedure where:

(a)    a recognised third-party identification procedure has been carried out, noting that no such procedure is provided for by the Rules; or

(b)    where the individual has provided ‘archived records consent’ and is applying to reactivate their account within 7 years of their previous registration ending.

Section 10 Information prescribed to be included in an application to nominate a new nominated support person

Section 10 sets out the information relating to a new nominated support person that must be included in an application to nominate that new nominated support person. This replicates the requirements of subsection 8(2), where a support person is nominated in the original application to register for self-exclusion.  Information about, or included in, an application by an individual under the instrument (e.g. under section 7 described above) will include personal information under the PA and is ‘protected information’ under section 61NA of the Act. See above for discussion of the serious consequences of unauthorised disclosure of ‘protected information’ under section 61NB of the Act.

Part 4 – Register operator processes – entries in the Register

Section 11 Timeframes for making an entry

Section 11 provides that the Register operator must take reasonable steps to add an individual to BetStop as soon as practicable, and in any event within 1 hour, once the individual’s identity has been verified (if required), and they have completed their application. This timeframe reflects that an individual’s request to self-exclude should come into effect very shortly after registering and satisfies the policy intent under the National Consumer Protection Framework for online wagering.

Section 12 Information prescribed to be included in an entry

Subsection 12(1) provides that an individual’s entry in BetStop must include the following information from that individual’s application for registration:

(a)    their full name;

(b)    their contact details;

(c)    their date of birth; and 

(d)    their residential address including postcode.

This information reflects the information provided by an individual in an application under subsection 8(1) which is necessary for the Register operator to hold and match against customer data provided by licensed interactive wagering service providers.

Subsection 12(2) provides that, if an application nominates a support person, the entry must include the email address of each nominated support person (in addition to their name, which is required by the Act).

The information included in an entry under section 12 will include personal information under the PA and ‘protected information’ under subsection 61NA(a) to (c) of the Act.

See above for discussion of the serious consequences of unauthorised disclosure of ‘protected information’ under section 61NB of the Act. 

Section 13 Requirement to notify nominated support person after registration

Section 13 provides that, where the Register operator is required to notify a nominated support person under paragraph 61JC(3)(a) of the Act, the Register operator must also notify that person of:

(a)    the information relating to the nominated support person that has been included in the relevant registered individual’s entry that relates to the nominated support person; and

(b)    the duration of the registered individual’s self-exclusion period.

The requirement in paragraph 13(a) that a nominated support person be notified of the information about them that is included in a registered individual’s entry is necessary so that a nominated support person is aware of what personal information about them is held by the Register operator. This will also enable the nominated support person to correct any inaccuracies in their personal information that the applicant for registration may have provided under subsection 61JA(7) of the Act.

The requirement in paragraph 13(b) that a nominated support person be notified of the duration of the registered individual’s self-exclusion period will assist the nominated support person in performing their role.

A note to section 13 makes it clear that where the Register operator collects personal information about the nominated support person, it is required to  make the nominated support person aware of matters relating to the collection of personal information in accordance with APP 5 under the PA. This matter is highlighted in this section to confirm that the Register operator will comply with this obligation in the PA, in addition to the notification obligations established by this section. This information is personal information under the PA and also constitutes ‘protected information’ under section 61NA of the Act. See above for discussion of the serious consequences of unauthorised disclosure of ‘protected information’ under section 61NB of the Act.  The information set out in this section 13 is in addition to the information already provided for in subparagraphs 61JC(3)(a)(i) and(ii) of the Act.

Section 14 Variation of entry – new nominated support person

Section 14 establishes the Register operator’s processes where it receives an application from a registered individual to add a new nominated support person under section 61JI of the Act.

Subsection 14(1) authorises the Register operator to vary a registered individual’s entry in the Register by including:

(a)    a statement to the effect that another individual is a nominated support person of the registered individual; and

(b)    the email address of the other individual nominated to be a nominated support person of the registered individual.

This information is the same as the information required for a support person that is nominated in an application for registration under subsection 61JC(2) of the Act. This information is personal information under the PA and also constitutes ‘protected information’ under section 61NA of the Act. See above for discussion of the serious consequences of unauthorised disclosure of ‘protected information’ under section 61NB of the Act. 

A note to the section makes it clear that in accordance with subsection 61JI(6) of the Act, the Register operator must not add a new nominated support person to an entry in the Register if the registered individual already has 5 nominated support persons.

Subsection 14(2) provides that a new nominated support person will be notified of the same information after being added to an entry in the Register as a nominated support person that is nominated in an application for registration as described in section 13. Under subsection 14(3), the Register operator must provide this information as soon as practicable after the support person has been added to an entry (see the notification requirements under subsection 61JI(2) of the Act).

Subsection 14(4) provides that the Register operator will notify the relevant registered individual as soon as practicable after a new nominated support person has been added to their entry. This allows the registered individual to receive confirmation that their application has been actioned by the Register operator.

Section 15 Variation of entry – ceasing to be a nominated support person

Subsection 15(1) provides that if the Register operator receives an application to remove a nominated support person, it is authorised to remove that nominated support person from the relevant registered individual’s entry. This application can be made by the registered individual or the nominated support person.

Subsection 15(2) requires that the Register operator must remove the nominated support person as soon as practicable after it has received the relevant application.

Subsection 15(3) requires that, following the removal of the nominated support person, the Register operator must notify the registered individual of the removal. This is so that the registered individual is aware of changes to their support arrangements. Where the application to remove was submitted by the nominated support person, the registered individual may then consider whether they need to nominate a new support person.

Subsection 61JI(4) of the Act provides that the Register operator must notify the former nominated support person of their removal and do so as soon as practicable after their removal, as the note to subsection 15(1) makes clear.  

Section 16  Variation of entry – death of a nominated support person

Section 16 makes provision for the Register operator’s processes in the event that it becomes aware that a nominated support person has died.

Subsection 16(1) requires that the Register operator must, upon becoming aware that a nominated support person has died, delete information associated with the nominated support person from the relevant registered individual’s entry.

Subsection 16(2) provides that the Register operator must delete this information as soon as practicable after becoming aware that the nominated support person has died.

Section 17  Variation of entry – update information

Subsection 17(1) requires that the Register operator must, upon receiving an application to update information from a registered individual, update a BetStop entry as soon as practicable after being satisfied that the application was made in accordance with section 7 and the updated information is accurate.

This section includes a safeguard, which requires that the Register operator be satisfied that the updated information is accurate before varying a registered individual’s entry. There is no obligation on the Register operator to vary an entry under this section if it considers the information set out in the application to be inaccurate.

Subsection 17(2) provides that the Register operator may satisfy itself of the accuracy of the updated information under paragraph (1)(b) in a manner that it sees fit.

The Register operator can undertake appropriate checks to assure itself that the information is accurate. For example, if a registered individual is updating their phone number, the Register operator may use a unique verification code to validate that the person has access to that number. This will minimise the potential for registered individuals to update their entries with inaccurate information either through a mistake or to potentially circumvent their self-exclusion.

Subsection 17(3) requires the Register operator to notify the registered individual that their information has been updated as soon as practicable after doing so. This will ensure that the registered individual receives confirmation that their application has been actioned, or to identify if there has been unauthorised use of their account.

Subsection 17(4) requires that the Register operator must, upon receiving an application to update information from a nominated support person made in accordance with section 7, vary the relevant information in the entry identified in the application and do so as soon as practicable.

Subsection 17(5) requires the Register operator to notify the nominated support person that their information in the entry has been varied as soon as practicable after doing so, so the support person is aware that their application has been actioned by the Register operator.

This section does not limit APP 13 under the PA or Part V of the Freedom of Information Act 1982 (FOI Act), which provide another framework for individuals to correct their personal information. Further, section 61JN of the Act empowers the Register operator to correct entries in BetStop outside of this section 17 process, including in compliance with written directions from the ACMA.

Section 18 Correction of entries

Subsection 18(1) requires that the Register operator must, upon receiving an application to correct an entry from a registered individual, correct a BetStop entry as soon as practicable after being satisfied that the application was made in accordance with section 7 and the corrected information is accurate.

This section includes a safeguard, similar to subsection 17(1), which requires that the Register operator be satisfied that the corrected information is accurate before varying a registered individual’s entry.

Subsection 18(2) provides that the Register operator may satisfy itself of the accuracy of the corrected information under paragraph (1)(b) in a manner that it sees fit.

There is no obligation on the Register operator to vary an entry under this section if it considers the information set out in the application to be inaccurate. The Register operator can undertake appropriate checks to assure itself that the information is accurate. For example, if a registered individual is updating their phone number, the Register operator may use a unique verification code to validate that the person does have access to that number. This will minimise the potential for registered individuals to submit correction applications with incorrect or false information either through a mistake or in an effort to circumvent their self‑exclusion.

Subsection 18(3) requires the Register operator to notify the registered individual that the relevant information has been corrected in the entry as soon as practicable after doing so. This will ensure that the registered individual receives confirmation that their application has been actioned by the Register operator.

Subsection 18(4) requires that the Register operator must, upon receiving an application to correct information in an entry from a nominated support person made in accordance with section 7, correct the relevant information and do so as soon as practicable.

Subsection 18(5) requires the Register operator to notify the nominated support person that the relevant information in the entry has been corrected as soon as practicable after it is done, so the support person is aware that their application has been actioned by the Register operator.

This section does not limit APP 13 under the PA or Part V of the FOI Act, which provide another mechanism for individuals to correct their personal information. Further, section 61JN of the Act empowers the Register operator to correct entries in the Register outside of this section 18 process, including in compliance with written directions from the ACMA.

Part 5 – Access to the Register – registered individuals and nominated support persons

Section 19 Requests for access

Section 19 provides that registered individuals and nominated support persons may access the information about them in an entry on BetStop via the BetStop website or by using the BetStop telephone number. In practice, individuals with a BetStop account will be able to log into their account and view the information held about them.

The Register operator is required to comply with the PA and the APPs. Specifically, section 19 does not limit APP 12 or Part V of the FOI Act, which provide another framework for individuals to access personal information about themselves.

Section 20 Obligations on Register operator to comply with request for access

Section 20 sets out requirement for how the Register operator will comply with requests from registered individuals and nominated support persons to access information about them in an entry on BetStop under section 19.

Subsection 20(1) requires that the Register operator must take reasonable steps to verify the information provided by a registered individual or nominated support person who has made a request for access in order to confirm that the requestor is who they claim to be. These steps could consist of the Register operator making reasonable enquiries and efforts to satisfy itself, such as the use of a password and/or another authentication process. These steps may depend on the circumstances and whether a registered individual or nominated support person is requesting access. This will provide the Register operator with sufficient flexibility to prevent unauthorised access to an entry in BetStop. The steps taken by the Register operator under this subsection 20(1) do not have to be the same as the applicable identification procedure outlined in section 9.

Subsection 20(2) provides that the Register operator may comply with a request made by a registered individual or nominated support person under section 20 in such manner as it sees fit. This would typically involve the Register operator complying with a request in the same manner as it was made, meaning by providing access to a relevant entry or information in an entry via the BetStop website for website applications or over the telephone for telephone applications. However, the Register operator is provided appropriate flexibility so that access to a relevant entry or information in an entry may be provided in a different manner than the one in which the request was made. This will allow for convenience and flexibility in how registered individuals and nominated support persons are afforded access to BetStop.   

This section does not limit the Register operator’s obligations under APP 12 or Part V of the FOI Act, which provide another framework for individuals to access personal information about themselves.

Part 6 – Complaints Management

Section 21 Register operator procedures for dealing with complaints about the administration or operation of the Register

This section provides for complaints to be made about the administration or operation of BetStop, and outlines the procedures that the Register operator must follow in dealing with those complaints.

Subsection 21(1) provides that a person may make a complaint about the administration or operation of BetStop via the BetStop website or by telephone using the BetStop telephone number.

Subsection 21(2) provides that, where such a complaint is received, the Register operator has 3 business days to acknowledge the receipt of the complaint and 28 days to provide a written response to the complainant outlining how the complaint was investigated and the outcome of the investigation.

Subsection 21(3) provides that a dissatisfied complainant may request the Register operator to review the investigation.

Subsection 21(4) provides that, where a request for a review is received, the Register operator has the same time periods as specified in subsection 21(2) to acknowledge and respond to the request.

Should a complainant still be dissatisfied with the outcome of a review, subsection 21(5) provides that the complainant may request the matter be transferred by the Register operator to the ACMA for further consideration.

This complaint handling process is outlined in the Rules so that stakeholders may have increased confidence about how the Register operator will handle complaints about the administration or operation of BetStop, including the timeframes for responding and the review process.

The note to section 21 notes that the Register operator must refer a complaint made under subsection 61QB(2) of the Act about alleged contraventions of Part 7B of the Act or the Rules to the ACMA.

Part 7 – Licensed interactive wagering service providers – access, notifications and promotion

Section 22 Request for access by licensed interactive wagering service provider

Section 22 provides for the manner in which a licensed interactive wagering service provider may submit requests to the Register operator under subsection 61NC(1) of the Act to be informed of the self-exclusion status of one or more current or prospective customers.

Paragraph 22(1)(a) provides that a licensed interactive wagering service provider must make a request for access to the Register operator via the application programming interface that is operated by the Register operator. Licensed interactive wagering service providers will need to take steps to be able to connect to BetStop through the application programming interface as directed by the Register operator, including security arrangements to manage access to BetStop.

Licensed interactive wagering service providers will need to determine when to make a request to the Register operator under subsection 61NC(1) of the Act, based on how they engage with their customers, in order to comply with the Act and not provide a prohibited service to self-excluded individuals.

Paragraph 22(1)(b) outlines the information relating to each individual covered by a request that a licensed interactive wagering service provider must include in a request for access, being their:

(a)    full name;

(b)    email address and mobile phone number;

(c)    date of birth; and

(d)    residential postcode.

A licensed interactive wagering service provider will not be able to submit a valid request without this information, noting that this information is necessary for each request for access to facilitate effective data matching by the Register operator. Allowing licensed interactive wagering services providers to make requests with incomplete data would reduce confidence in the Register operator’s response as to whether the individual or individuals covered by a request is self-excluded. This would undermine the effectiveness of this important consumer safeguard.

Section 23 Obligations on Register operator to comply with a request for access by licensed interactive wagering service provider

Subsection 23(1) provides that the Register operator must respond to a request for access from a licensed interactive wagering service provider as soon as practicable, and in any event:

(a)    within one second, where the request is in relation to one individual; or

(b)    within 15 minutes, where the request covers more than one individual.

These timeframes apply from the time that the Register operator receives a request for access from a licensed interactive wagering service provider, until the time that the Register operator sends a response to that provider, noting that the Register operator cannot control the systems or internet speeds of the licensed interactive wagering service providers accessing BetStop.

The timeframes outlined in subsection 23(1) are maximum timeframes, with the general obligation being on the Register operator to comply with a request for access as soon as practicable. The timeframe specified in paragraph 23(1)(b) is set at 15 minutes as it must allow for a time that would enable the Register operator to respond to requests that comprise the entire customer database of the largest interactive wagering service providers which may include hundred of thousands or millions of customer records.

Subsection 23(2) provides that the Register operator must comply with a request for access from a licensed interactive wagering service provider via the same application programming interface through which providers will submit their requests for access under subsection 22(1). In responding, the Register operator will advise, for every individual in the request, whether:

(a)    the individual is a registered individual;

(b)    the individual is not a registered individual; or

(c)    it is unknown if the individual is a registered individual or not as there has been some sort of error, for example, a data or network error.  

Note that where a provider receives an error response from the Register operator, it may have to undertake further action to ensure that it complies with its obligations under the Act, such as submitting a further request for access where the initial request did not contain all required information fields.

It is expected that a licensed interactive wagering services provider will use the response from the Register operator to inform whether it should provide wagering services to that individual. As an example, if the relevant registered individual is a prospective customer the provider must not open a licensed interactive wagering services account for that registered individual, as per section 61MA of the Act. 

Section 24 Notifications where current or prospective customer is a registered individual

Where a licensed interactive wagering services provider is informed that a current or prospective customer if self-excluded, the provider will need to take steps to avoid providing wagering services to that individual and contravening the Act. Section 24 provides for how a licensed interactive wagering service provider should interact with a current or prospective customer who the provider has been informed is a registered individual.

Subsection 24(1) requires that, upon being informed by the Register operator that a current customer is a registered individual, a licensed interactor wagering service provider must, as soon as practicable, inform the individual:

(a)    that the provider has been informed that the individual is a registered individual;

(b)    that the provider is prohibited from providing wagering services to the individual;

(c)    that the individual’s account will be closed in accordance with the Act, as soon as practicable or, if the individual’s account has pending bets, as soon as practicable after those bets are resolved in accordance with the Act; and

(d)    about relevant available support services with the intention that the individual may benefit from support services to supplement their decision to self-exclude. This reinforces the general responsible gambling obligations licensed interactive wagering service providers have.

The note to subsection 24(1) makes it clear that licensed interactive wagering service providers have obligations under sections 61MB and 61MC of the Act relating to the closure of an account where an individual becomes a registered individual.

Subsection 24(2) requires that, upon being informed by the Register operator that a prospective customer is a registered individual, a licensed interactor wagering service provider must, as soon as practicable, inform the individual:

(a)    that the provider has been informed that the individual is a registered individual;

(b)    that the individual cannot open a new licensed interactive wagering service account; and

(c)    about relevant available support services.

Section 25 Promoting the Register to customers

Section 25 sets out requirements on licensed interactive wagering service providers to take specified action for the purposes of promoting BetStop to their current and prospective customers so that these customers are made aware of the BetStop service. This section further specifies actions that providers must take directed towards ensuring that their customers are aware of, and can readily access, the website of BetStop.  These requirements are prescribed so that BetStop is promoted to customers and those at risk of, or already experiencing, harm from interactive wagering are made aware of the service that BetStop provides, and so that this information is easily available and prominently displayed on licensed interactive wagering service provider websites and apps.

Subsection 25(1) sets out the minimum action that a licensed interactive wagering service provider must take to promote BetStop where it operates a website or an app in connection with its services. This includes making reference to BetStop, a statement to the effect that BetStop is the national self-exclusion register, and providing a hyperlink to the BetStop website.

These requirements must be met on the website or app’s home page, responsible gambling pages, and any other pages that promote the provider’s own self-exclusion service (if it has one).

Subsection 25(2) sets out placement and prominence requirements for the requirements included in subsection 25(1) to ensure that this information about BetStop is easy to find. These requirements include that the information about BetStop prescribed in subsection 25(1) must be:

(a)    Prominently displayed, so that the information is readily noticeable on the page.

(b)    Clear and legible so that the information is clear enough to read and not in any way obscured by the provider.  

(c)    In a font size consistent with other text on the page, so that the information is not deliberately or inadvertently made difficult to read by appearing in small text.

(d)    Positioned in close proximity to any other information on the page about other responsible gambling or consumer protection measures, so that individuals seeking responsible gambling information are also made aware of BetStop. The term ‘in close proximity’ will have its ordinary meaning and will depend on the specific lay out and content of the relevant page.

Subsection 25(3) includes minimum requirements where a provider sends a ‘regulated electronic message’. This is defined in section 61GF of the Act and is, in essence, an electronic message, the purpose or one of the purposes of which is to offer or advertise interactive wagering services. Such messages must include, at a minimum, the reference, statement, and hyperlink relating to BetStop that are referred to in subsection 25(1).

Subsection 25(4) provides a qualification to the requirements in subsection 25(3) where a regulated electronic message is sent via SMS. In these circumstances, a provider will comply with its obligation if the message includes a hyperlink to a separate webpage and that website includes the reference, statement, and hyperlink referred to in subsection 25(3). For example, if the SMS is promoting a service and the message includes a hyperlink to information about the promotion, the website that the hyperlink takes the user to  must include the information set out in subsection 25(3). This qualification has been included because of the character limitations of SMS messages.

Subsection 25(5) imposes minimum requirements on a provider to promote BetStop in its activity statements to customers, being to include the reference, statement, and hyperlink regarding BetStop that are referred to in subsection 25(1). Activity statements have been introduced as a measure under the National Consumer Protection Framework for online wagering so that consumers may receive meaningful information about their wagering activity. Activity statements are an appropriate channel for a licensed interactive wagering service provider to promote BetStop as a customer may wish to consider and take action about their gambling behaviour based on the information provided in their statement.  

Subsection 25(6) provides for circumstances in which a customer makes a voice call or sends an electronic message to a provider to discuss:

(a)    placing limits or controls on their gambling;

(b)    responsible gambling options, including self-exclusion; or

(c)    general assistance with problem gambling behaviour.

In these circumstances, the provider must, at a minimum, let the customer know about the existence of BetStop and provide them with the BetStop telephone number and website address as soon as possible after receiving the voice call or electronic message. These requirements mean that a provider must promote BetStop to their customers where their interactions indicate that the customer may be at risk of, or already experiencing, harm from interactive wagering.

The requirements in section 25 have been prescribed as safeguards to increase awareness of BetStop, make BetStop easily accessible for consumers and encourage use of BetStop by consumers who may benefit from the service. Furthermore, the requirements acknowledge that inadequate promotion of BetStop or general undermining of the scheme could have detrimental impacts on consumer protection outcomes.

The note to section 25 makes indicates that the requirements in section 25 are made for the purpose of subsections 61JP(1) and (2) of the Act.  Failure of a licensed interactive wagering service provider to take the actions specified in section 25 may constitute an offence under subsection 61JP(3) of the Act and a contravention of a civil penalty provision under subsection 61JP(5) of the Act.

Part 8 – Collection of cost recovery levy

Section 26 When levy is due and payable

Section 26 provides that the levy imposed under the National Self-exclusion Register (Cost Recovery Levy) Act 2019 will be due and payable by a licensed interactive wagering service provider 30 days after the date the relevant invoice was issued to that provider.

Further aspects of the levy are determined in the instrument made by the ACMA under the National Self-exclusion Register (Cost Recovery Levy) Act 2019, including the method for calculating the amount of levy imposed on a person for a levy period.

Under subsection 61PB(1) of the Act, where an amount of levy payable by a person remains unpaid after the due date (set out in an invoice issued under section 26) that person may be liable to pay a late payment penalty.

Attachment B

Statement of compatibility with human rights

Prepared by the Australian Communications and Media Authority under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011

Interactive Gambling (National Self-exclusion Register) Register Rules 2022

Overview of the instrument

The ACMA must arrange for a body corporate (the Register operator) to keep, on behalf of the ACMA, a register to be known as the National Self-exclusion Register. The Register will allow individuals to voluntarily exclude themselves from being provided licensed interactive wagering services in a single process.

Subsection 61QH(1) of the Interactive Gambling Act 2001 (the Act) provides that the ACMA may, by legislative instrument, make the Register rules (the Rules) prescribing matters required or permitted by Part 7B of the Act. The Rules establish administrative, operational, and technical details of the Register, including how individuals interact with the Register operator and make applications to self‑exclude.

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument engages the following rights:

• the right to privacy (Article 17 of the International Covenant on Civil and Political Rights);
• the right to freedom of opinion and expression (Article 19 of the International Covenant on Civil and Political Rights); and
• the right to health (Article 12 of the International Covenant on Economic, Social and Cultural Rights).

Right to privacy

Article 17 of the International Covenant on Civil and Political Rights establishes the right to privacy.

The Rules engage the right to privacy by requiring the collection, use and disclosure of personal information to give effect to an individual’s decision to self-exclude for licensed interactive wagering services. The Rules engage this right under a clear legal basis in order to enable individuals to be added to the Register and to facilitate their own  self-exclusion under the Register scheme.

All personal information that is collected, used and disclosed under the Rules is reasonable, necessary for, or directly related to the functionality of the Register scheme, and proportionate to achieving the legitimate policy objective of the scheme of reducing the prevalence of gambling harm in Australia. The Rules also detail how an individual can access, vary or correct the information held about them by the Register operator. The ACMA and the Register operator are additionally required to comply with the Privacy Act 1988 (the PA) and the ACMA has put in place robust contractual arrangements around privacy and the privacy-preserving measures that the Register operator must implement.  For example, consistent with section 95B of the Privacy Act, the ACMA’s contract with the Register operator requires it to not to do an act, or engage in any practice, that would breach an Australian Privacy Principle.

The structure of the arrangements for the collection, use and disclosure of personal information under the instrument, the Act and the PA provide a range of safeguards for the protection of the right to privacy. The personal information that is collected, used and disclosed under the instrument constitutes personal information under the PA and must be handled by the Register operator, the ACMA and all other persons in accordance with the Australian Privacy Principles in Schedule 1 to the PA.

Furthermore, some information is also given a special the status of ‘protected information’ under section 61NA of the Act. ‘Protected information’ includes information such as whether an individual is or was a registered individual, any other information that is or was included in an entry on the Register or information about, or included in, an application made by an individual under Division 3 of Part 7B of the Act or the Rules. Importantly, the Act provides protections around the use and disclosure of ‘protected information’ through the creation of civil penalty and criminal offence provisions for the unauthorised disclosure of ‘protected information’.

Disclosure of ‘protected information’ can only be undertaken in accordance with the strict requirements set out in subsections 61NB(3), (4), (6) and (7) of the Act. These offence and civil penalty provisions in section 61NB promote the right to privacy and are intended to be proportionate to the privacy impacts of unauthorised disclosure of sensitive information about individuals registering for self-exclusion.

Right to freedom of opinion and expression

Article 19 of the International Covenant on Civil and Political Rights mandates freedom of opinion and expression, including in relation to the restriction of access to information on the internet. This right includes the freedom to seek, receive and impart information and ideas of all kinds, and through any medium.

The Rules engage the right to freedom of opinion and expression by setting the operational details for a regulatory scheme that involves limiting access to interactive wagering services and prohibiting the direct marketing of interactive wagering services to registered individuals. In particular, the Rules set out how licensed interactive wagering services providers are to interact with the Register operator to determine whether a current or prospective customer is self-excluded, in order to give effect to an individual’s decision to not engage with interactive wagering services. Further, the Rules set out requirements on how licensed interactive wagering service providers must promote the Register to their customers.

This right is engaged with a clear legal basis and in a manner that is necessary for the protection of people in vulnerable circumstances. The provisions that limit access to services and impose requirements on wagering providers to impart certain information are reasonable, necessary and proportionate to achieve the legitimate policy objective of the Register scheme.

Right to health

Article 12 of the International Covenant on Economic, Social and Cultural Rights recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

The Rules promote the right to health by facilitating the effective operation of the Register scheme through establishing its operational and administrative details. The Register will meet a critical gap in consumer protections in Australia and assist individuals who are at risk of or already experiencing harm from interactive wagering.

The Rules impose obligations on licensed interactive wagering service providers to promote the Register to their customers, including to those customers seeking assistance with responsible gambling options or other controls, so that they are made aware of the service. These obligations are intended to increase awareness of the Register and allow consumers to make an informed decision as to whether self-exclusion is the right option for them, which will promote health outcomes for target consumers of the Register.

Conclusion

The instrument is compatible with human rights because it promotes the right to health, and to the extent that it engages the right to privacy and the right to freedom of opinion and expression it does so in a way that is reasonable, necessary and proportionate to achieve the legitimate policy objectives of the Register.