Commonwealth Consolidated Acts Commonwealth Consolidated ActsOffence
(1) A person commits an offence if:
(a) the person is a licensed interactive wagering service provider; and
(b) the person sends, or causes to be sent, regulated direct marketing material to an individual; and
(c) the individual is a registered individual; and
(d) in a case where paragraph 61GH(1)(f) applies to the material--the person sends, or causes to be sent, the regulated direct marketing material to the individual by a postal service or other like service.
Civil penalty provision
(2) A licensed interactive wagering service provider must not send, or cause to be sent, regulated direct marketing material to a registered individual if:
(a) paragraph 61GH(1)(d) or (e) applies to the material; or
(b) in a case where paragraph 61GH(1)(f) applies to the material--the licensed interactive wagering service provider sends, or causes to be sent, the regulated direct marketing material to the registered individual by a postal service or other like service.
Civil penalty: 180 penalty units.
Exception
(3) Subsections (1) and (2) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.
Note 1: The Register operator must, if requested to do so by a licensed interactive wagering service provider, inform the provider whether an individual is a registered individual (see section 61NC).
Note 2: In a prosecution for an offence against subsection (1), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code) .
Note 3: In proceedings for a civil penalty order for a contravention of subsection (2), a defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
Offence--extended geographical jurisdiction
(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection (1).