Interactive Gambling (National Self‑exclusion Register Start Day) Proclamation 2023
I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Proclamation.
Signed and Sealed with the
Great Seal of Australia on
6 July 2023
David Hurley
Governor‑General
By His Excellency’s Command
Michelle Rowland
Minister for Communications
Contents
1 Name
2 Commencement
3 Authority
4 Proclaimed start day
1 Name
This instrument is the Interactive Gambling (National Self‑exclusion Register Start Day) Proclamation 2023.
2 Commencement
(1) Each provision of this instrument 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. The whole of this instrument | The day after this instrument is registered. | 12 July 2023 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 61GC(1) of the Interactive Gambling Act 2001.
4 Proclaimed start day
21 August 2023 is fixed for the purposes of subsection 61GC(1) of the Interactive Gambling Act 2001.
Overview
The Interactive Gambling (National Self-exclusion Register Start Day) Proclamation 2023 was made by General the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, on 6 July 2023. This proclamation was issued under the authority of subsection 61GC(1) of the Interactive Gambling Act 2001, with the advice of the Federal Executive Council. The primary objective of this proclamation is to establish a specific date, 21 August 2023, for the commencement of the National Self-exclusion Register as stipulated in the Interactive Gambling Act 2001. This initiative aims to address the gap in responsible gambling measures by providing a national system that allows individuals to voluntarily exclude themselves from participating in interactive gambling activities. The commencement of this register is set to enhance the regulatory framework governing online gambling in Australia, aligning with the overarching policy of promoting safer gambling practices and protecting vulnerable individuals from potential harms associated with gambling addiction.
Scope and Application
The Interactive Gambling (National Self-exclusion Register Start Day) Proclamation 2023, issued under the authority of the Governor-General of the Commonwealth of Australia and coming into effect on 12 July 2023, sets the date of 21 August 2023 as the commencement day for the National Self-exclusion Register, as outlined in subsection 61GC(1) of the Interactive Gambling Act 2001. This Act applies to individuals who engage in interactive gambling activities, as well as entities providing such services within Australia. The geographic reach of this legislation is national, encompassing all states and territories of Australia. The Act's purpose is to provide a framework for self-exclusion, allowing individuals to voluntarily exclude themselves from participating in interactive gambling activities. The proclamation does not specify any exclusions or exemptions, and the application of the Act may be further extended or restricted through subordinate instruments made under the authority of the Interactive Gambling Act 2001.
Key Provisions
The Interactive Gambling (National Self-exclusion Register Start Day) Proclamation 2023 (hereafter referred to as the Proclamation) sets out the commencement date for the National Self-exclusion Register, as required under the Interactive Gambling Act 2001 (the Act). The whole of the Proclamation commences on 12 July 2023, the day after the instrument is registered (Section 2(1)). Specifically, Section 4 of the Proclamation fixes 21 August 2023 as the date for the commencement of the National Self-exclusion Register as per subsection 61GC(1) of the Interactive Gambling Act 2001.
Under the Act, the National Self-exclusion Register is a critical mechanism designed to help individuals exclude themselves from interactive gambling services in Australia. Operators of interactive gambling services are required to comply with several obligations. Firstly, they must establish and maintain a system to record and verify self-exclusion requests (Section 61GA). They must also provide a clear and accessible process for individuals to request self-exclusion, which includes providing necessary information on how to opt-in to the register (Section 61GB). Furthermore, operators are mandated to regularly update their systems to ensure that self-exclusion requests are honoured and enforced across all platforms and services they provide (Section 61GC).
Failure to comply with the requirements of the Act and the Proclamation can lead to significant consequences. Under Section 61HA of the Interactive Gambling Act 2001, operators who fail to comply with the self-exclusion obligations may be subject to civil penalties. The maximum penalty for a corporation is $2.1 million, while the penalty for an individual officer is $210,000. Additionally, under Section 61HB, operators who knowingly facilitate access to interactive gambling services for self-excluded individuals face a maximum penalty of $1.05 million for corporations and $105,000 for individual officers. These provisions underscore the importance of strict adherence to the legislative requirements to avoid severe financial and legal repercussions.