National Self-exclusion Register (Cost Recovery Levy) Determination 2022

National Self‑exclusion Register (Cost Recovery Levy) Determination 2022

made under subsections 9(1) and 11(1) of the

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

Compilation No. 1

Compilation date:    11 August 2023

Includes amendments up to: F2023L01074

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the National Self exclusion Register (Cost Recovery Levy) Determination 2022 that shows the text of the law as amended and in force on 11 August 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Part 1—Preliminary

1  Name

This is the National Self-exclusion Register (Cost Recovery Levy) Determination 2022.

2  Commencement

This instrument commences at the start of the day fixed by Proclamation for the purposes of subsection 61GC(1) of the Interactive Gambling Act 2001.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

This instrument is made under subsections 9(1) and 11(1) of the National Self-exclusion Register (Cost Recovery Levy) Act 2019.

4  Definitions

In this instrument:

  ACMA means the Australian Communications and Media Authority.

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

designated levy period 1 means the period beginning at the start of the proclaimed start day and ending at the end of 30 June 2024.

designated levy period 2 means the financial year beginning on 1 July 2024.

designated levy period 3 means the financial year beginning on 1 July 2025.

  request for access means a request by a licensed interactive wagering service provider to the Register operator under subsection 61NC(1) of the Interactive Gambling Act 2001.

Note: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) designated levy period;

(b) levy;

(c) levy period;

(d) licensed interactive wagering service provider;

(e) proclaimed start day; and

(f) Register operator.

5  References to other instruments

  In this instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

Part 2— Amount of levy and designated levy periods

6  Method for calculating amount of levy

The amount of levy imposed on a person under subsection 9(1) of the Act for a levy period is the amount calculated in accordance with the following method:

A = (B ÷ C) × D,

where:

(a) A is the levy payable by a licensed interactive wagering service provider for a levy period;

(b) B is the total number of individuals specified in all requests for access by the licensed interactive wagering service provider during the levy period;

(c) C is the total number of individuals specified in all requests for access by all licensed interactive wagering service providers during the levy period; and

(d) D is the total of the amounts and costs set out in paragraphs 10(1)(a) to (g) of the Act that are recoverable by the ACMA during the levy period.

Note:  Section 10 of the Act sets out the limits on the total amounts of levies imposed on persons for a levy period.

7  Designated levy periods and applicable percentages

For the purpose of subsection 11(1) of the Act:

(a)   each of the levy periods specified in the table below is a designated levy period; and

(b)  the applicable percentage for a designated levy period is the percentage specified in the table below:

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history