National Self-exclusion Register (Cost Recovery Levy) Act 2019

Administered by Department of Social Services

Legislation au C2019A00128 In force Act

Legislation content

 

 

 

 

 

 

National Self‑exclusion Register (Cost Recovery Levy) Act 2019

 

No. 128, 2019

 

 

 

 

 

An Act to impose a levy on persons who provide licensed interactive wagering services, and for related purposes

 

 

 

Contents

1 Short title

2 Commencement

3 Act to bind Crown

4 Extension to external Territories

5 Extra‑territorial application

6 Definitions

7 Imposition of levy

8 By whom levy payable

9 Amount of levy

10 Limit on total amount of levies

11 Designated levy periods and applicable percentages

12 The ACMA’s upfront Register costs

 

 

 

National Self-exclusion Register (Cost Recovery Levy) Act 2019

No. 128, 2019

 

 

 

An Act to impose a levy on persons who provide licensed interactive wagering services, and for related purposes

[Assented to 12 December 2019]

The Parliament of Australia enacts:

 

1  Short title

  This Act is the National Self‑exclusion Register (Cost Recovery Levy) Act 2019.

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.  The whole of this Act

At the same time as the Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019 commences.

13 December 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Note: This table relates only to the provisions of this Act as originally enacted.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  Act to bind Crown

  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.

4  Extension to external Territories

  This Act extends to every external Territory.

5  Extra‑territorial application

  This Act extends to acts, omissions, matters and things outside Australia.

6  Definitions

  In this Act:

ACMA means the Australian Communications and Media Authority.

applicable percentage, in relation to a designated levy period, has the meaning given by section 11.

cost, in relation to the ACMA, means an amount that, in accordance with accrual‑based accounting principles, is treated as a cost of the ACMA.

designated levy period has the meaning given by section 11.

  interim period means the period:

 (a) beginning at the start of 30 November 2018; and

 (b) ending immediately before the proclaimed start day.

levy means levy imposed by this Act.

levy period means:

 (a) the period:

 (i) beginning at the start of the proclaimed start day; and

 (ii) ending at the end of 30 June next following the proclaimed start day; or

 (b) the financial year beginning on 1 July next following the proclaimed start day; or

 (c) a later financial year.

licensed interactive wagering service provider has the same meaning as in Part 7B of the Interactive Gambling Act 2001.

proclaimed start day has the same meaning as in Part 7B of the Interactive Gambling Act 2001.

Register means the National Self‑exclusion Register kept under section 61HA of the Interactive Gambling Act 2001.

Register arrangement means an arrangement under subsection 61HA(1) of the Interactive Gambling Act 2001.

Register operator has the same meaning as in Part 7B of the Interactive Gambling Act 2001.

Register rules has the same meaning as in Part 7B of the Interactive Gambling Act 2001.

the ACMA’s upfront Register costs has the meaning given by section 12.

7  Imposition of levy

  Levy is imposed on a person for a levy period if:

 (a) the person was a licensed interactive wagering service provider during the whole or a part of the levy period; and

 (b) the person made at least one request to the Register operator under subsection 61NC(1) of the Interactive Gambling Act 2001 during the levy period.

8  By whom levy payable

  Levy imposed on a person for a levy period is payable by the person.

9  Amount of levy

 (1) The amount of levy imposed on a person for a levy period is the amount worked out in accordance with a method determined by the ACMA by legislative instrument.

 (2) Before making a determination under subsection (1), the ACMA must consult the Minister.

10  Limit on total amount of levies

 (1) The total amount of the levies imposed on persons for a levy period must not exceed the sum of the following:

 (a) the amounts paid, during the levy period, by the ACMA (on behalf of the Commonwealth) to the Register operator under a Register arrangement;

 (b) the costs incurred, during the levy period, by the ACMA in managing a Register arrangement;

 (c) the costs incurred, during the levy period, by the ACMA in relation to:

 (i) monitoring or promoting compliance with provisions of Part 7B of the Interactive Gambling Act 2001; or

 (ii) investigating whether persons have contravened provisions of Part 7B of the Interactive Gambling Act 2001; or

 (iii) taking action under the Regulatory Powers (Standard Provisions) Act 2014, so far as that Act relates to Part 7B of the Interactive Gambling Act 2001;

 (d) the costs incurred, during the levy period, by the ACMA in relation to the performance of its functions, or the exercise of its powers, under:

 (i) Part 7B of the Interactive Gambling Act 2001; or

 (ii) this Act;

 (e) the costs incurred, during the levy period, by the ACMA in relation to a procurement process that resulted in, or was intended to result in, the ACMA entering into a Register arrangement;

 (f) any other costs incurred, during the levy period, by the ACMA in relation to:

 (i) the development of the Register; or

 (ii) the operation of the Register;

 (g) if the levy period is a designated levy period—the applicable percentage of the ACMA’s upfront Register costs.

11  Designated levy periods and applicable percentages

 (1) The ACMA may, by legislative instrument, determine that, for the purposes of this Act:

 (a) each of 2 or more consecutive levy periods specified in the determination is a designated levy period; and

 (b) the applicable percentage for a particular designated levy period is the percentage specified in the determination.

 (2) Different percentages may be specified for different designated levy periods.

 (3) The total of the applicable percentages must not exceed 100%.

 (4) Before making a determination under subsection (1), the ACMA must consult the Minister.

12  The ACMA’s upfront Register costs

  For the purposes of this Act, the ACMA’s upfront costs are the sum of the following:

 (a) the amounts paid, during the interim period, by the ACMA (on behalf of the Commonwealth) to the Register operator under a Register arrangement;

 (b) the costs incurred, during the interim period, by the ACMA in managing a Register arrangement;

 (c) the costs incurred, during the interim period, by the ACMA in relation to the performance of its functions, or the exercise of its powers, under:

 (i) Part 7B of the Interactive Gambling Act 2001; or

 (ii) this Act;

 (d) the costs incurred, during the interim period, by the ACMA in relation to a procurement process that resulted in, or was intended to result in, the ACMA entering into a Register arrangement;

 (e) any other costs incurred, during the interim period, by the ACMA in relation to:

 (i) preparing to establish the Register; or

 (ii) the establishment of the Register; or

 (iii) the development of the Register; or

 (iv) the operation of the Register.

[Minister’s second reading speech made in—

House of Representatives on 27 November 2019

Senate on 5 December 2019]

(225/19)

 

Overview

The National Self-exclusion Register (Cost Recovery Levy) Act 2019 was enacted by the Parliament of Australia to address the financial burden associated with the establishment and maintenance of the National Self-exclusion Register, which is designed to help problem gamblers exclude themselves from interactive wagering services. This Act introduces a levy on licensed interactive wagering service providers to ensure the sustainability of the Register, allowing the Australian Communications and Media Authority (ACMA) to recover its costs related to the Register's operation. The levy is imposed on entities that provide these services and have made requests to the Register operator during the specified levy period. The Act also allows the ACMA to set the amount of the levy, subject to consultation with the Minister, and ensures that the total levies collected do not exceed the ACMA’s costs associated with managing the Register and related compliance activities. The levy is payable by the liable entities and is designed to align with the financial responsibilities of those benefiting from the Register's services. The Act commenced on 13 December 2019, the same day as the Interactive Gambling Amendment (National Self-exclusion Register) Act 2019. It extends to all external territories and applies extraterritorially, binding the Crown in right of each State, the Australian Capital Territory, and the Northern Territory, but not the Commonwealth. The policy objective of the Act is to ensure the financial sustainability of the National Self-exclusion Register, thereby supporting its role in mitigating the harms associated with problem gambling.

Scope and Application

The National Self-exclusion Register (Cost Recovery Levy) Act 2019 applies to persons who provide licensed interactive wagering services and are subject to a levy as specified within the Act. This levy is applicable to levy periods, defined as periods beginning on a specified start date and ending either at the end of 30 June following that start date, or at the end of a financial year, or a later financial year. The Act applies to all States, the Australian Capital Territory, and the Northern Territory, binding the Crown in these areas but not the Commonwealth. It also extends to external territories and applies extra-territorially to acts, omissions, matters, and things outside Australia. The Act sets out definitions for terms such as "ACMA", "designated levy period", "levy", and "levy period", and it imposes a levy on persons who were licensed interactive wagering service providers during any part of the levy period and made at least one request to the Register operator under the Interactive Gambling Act 2001 during that period. The amount of the levy is determined by the Australian Communications and Media Authority (ACMA) by legislative instrument, subject to consultation with the Minister. The total amount of levies imposed must not exceed certain costs incurred by the ACMA, including those related to the ACMA's upfront Register costs, which are the sum of specific costs incurred by the ACMA during the interim period. The Act allows the ACMA to determine designated levy periods and applicable percentages, provided that the total of these percentages does not exceed 100%.

Key Provisions

The National Self-exclusion Register (Cost Recovery Levy) Act 2019 imposes a levy on certain entities for providing licensed interactive wagering services (sections 7 and 8). Specifically, the levy applies to any person who was a licensed interactive wagering service provider during a levy period and made at least one request to the Register operator under the Interactive Gambling Act 2001 (section 7). The amount of the levy is determined by the Australian Communications and Media Authority (ACMA) through a legislative instrument, after consulting with the Minister (section 9). The Act stipulates that the total amount of the levies for a levy period cannot exceed the sum of specific costs incurred by the ACMA, including payments to the Register operator, costs related to managing a Register arrangement, monitoring and compliance activities, investigation and enforcement costs, and costs related to the development and operation of the Register (section 10). Additionally, if a levy period is designated, the total amount of the levies must also include the applicable percentage of the ACMA's upfront Register costs (section 10(1)(g)). The obligations imposed by the Act on the parties it governs primarily revolve around the payment of the levy. Licensed interactive wagering service providers who meet the criteria specified in section 7 are required to pay the levy for the applicable levy period (section 8). The ACMA is responsible for determining the amount of the levy through a legislative instrument, after consulting with the Minister (section 9). The Act also places the onus on the ACMA to ensure that the total amount of levies collected does not exceed the specified costs (section 10). Furthermore, the ACMA has the authority to designate levy periods and set applicable percentages, subject to consultation with the Minister and the condition that the total of these percentages does not exceed 100% (section 11). Breach of the provisions of the National Self-exclusion Register (Cost Recovery Levy) Act 2019 could lead to various consequences, although the Act itself does not explicitly state the penalties for non-compliance. Typically, failure to pay the levy as required could be considered an offence under related legislation, such as the Interactive Gambling Act 2001 or the Regulatory Powers (Standard Provisions) Act 2014. Penalties for such offences could include fines, with the exact amount depending on the specific breach and the relevant legislation. Additionally, ongoing non-compliance could result in further enforcement actions, such as legal proceedings or additional penalties, as stipulated by the applicable laws.

Legal classification tags

Area of Law
Commercial Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Imposition of levy
Limit on total amount of levies
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.