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Report of the Law Reform Committee on Online Gaming and Singapore

  • (c)

    lottery services;

  • (d)

    gaming services that are provided to customers in a public place;

  • (e)

    services that have a designated broadcasting or datacasting link;

  • (f)

    services pursuant to certain contracts which are exempt from gaming or

wagering under the Corporations Act 2001; and

(g)

any service declared exempt by the Minister.

117

The rationale for excluding wagering services is that the Internet is merely a

new mechanism for placing bets. Australians can still access overseas-based websites in Australia, subject to the effectiveness of the complaints scheme and investigations

following the lodgement of complaints (see para 118 below).

118

It is a defence to the offence of providing a prohibited interactive gambling

service in Australia if the provider of the service did not know or could not with reasonable diligence have ascertained that the service was being provided to customers

physically within Australia.137 knowledge.

The burden is on the defendant to show such lack of

119 The

IGA also

Australians

to make

establishes an industry-based complaints scheme complaints to the Australian Communications

that and

allows Media

Authority (“ACMA”) about prohibited interactive gambling services the prohibited Internet gambling content is hosted in Australia, and

on the Internet. If ACMA considers

that

the

complaint

must

be

referred

to

the

Australian

police

force,

such

referral

must

be

made accordingly. If the Australia, ACMA must: (a)

prohibited Internet notify the content to

gambling content is hosted outside Internet service providers (“ISPs”) so

that the ISPs can industry code or

deal with the content in accordance with industry standard; and (b) if the ACMA

procedures specified in an considers that the content

should be referred to a of an Australian police

law enforcement agency, further notify force. Bodies and associations have the

the content to a member option of contributing to

the development of a code by a representative body that would content filters to be made available to Australian Internet users.

provide

for

approved

(3)

Advertising

120

The IGA prohibits the broadcasting of interactive gambling service

advertisements in Australia.138

The prohibition extends to all forms of media both

137

IGA, s 15(3).

138

IGA, s 61DA.

34

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