Report of the Law Reform Committee on Online Gaming and Singapore
gaming services that are provided to customers in a public place;
services that have a designated broadcasting or datacasting link;
services pursuant to certain contracts which are exempt from gaming or
wagering under the Corporations Act 2001; and
any service declared exempt by the Minister.
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).
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
establishes an industry-based complaints scheme complaints to the Australian Communications
Authority (“ACMA”) about prohibited interactive gambling services the prohibited Internet gambling content is hosted in Australia, and
on the Internet. If ACMA considers
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.
The IGA prohibits the broadcasting of interactive gambling service
advertisements in Australia.138
The prohibition extends to all forms of media both
IGA, s 15(3).
IGA, s 61DA.