INTERACTIVE GAMBLING ACT 2001 - SECT 61NB Unauthorised disclosure of protected information

(ii) if the person is or was an employee of a licensed interactive wagering service provider--because the person is or was employed by the provider in connection with its business as such a provider; or

(iii) if the person is or was a contracted service provider of a licensed interactive wagering service provider--in connection with the person's business as such a contracted service provider; or

(iv) if the person is or was an employee of a contracted service provider of a licensed interactive wagering service provider--because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or

(v) if the person is or was the Register operator--in connection with the person's capacity as the Register operator; or

(vi) if the person is or was an employee of the Register operator--because the person is or was employed by the Register operator in connection with its business as the Register operator; or

(vii) if the person is or was a contracted service provider of the Register operator--in connection with the person's business as such a contracted service provider; or

(viii) if the person is or was an employee of a contracted service provider of the Register operator--because the person is or was employed by the contracted service provider in connection with its business as such a contracted service provider; or

(ix) if the person is or was an ACMA official--in connection with the person's capacity as an ACMA official; or

(x) if the person is or was the Secretary of a Department--in connection with the person's capacity as the Secretary of that Department; or

(xi) if the person is or was an APS employee in a Department--in connection with the person's capacity as an APS employee in that Department.

Penalty: 120 penalty units.

Civil penalty provision

(2) A person must not disclose protected information if:

(a) the person is or was:

(i) a licensed interactive wagering service provider; or

(ii) an employee of a licensed interactive wagering service provider; or

(iii) a contracted service provider of a licensed interactive wagering service provider; or

(iv) an employee of a contracted service provider of a licensed interactive wagering service provider; or

(v) the Register operator; or

(vi) an employee of the Register operator; or

(vii) a contracted service provider of the Register operator; or

(viii) an employee of a contracted service provider of the Register operator; or

(ix) an ACMA official; or

(x) the Secretary of a Department; or

(xi) an APS employee in a Department; and

(b) the information has come to the person's knowledge, or into the person's possession:

(i) if the person is or was a licensed interactive wagering service provider--in connection with the person's capacity as such a provider; or

(iii) if the person is or was a contracted service provider of a licensed interactive wagering service provider--in connection with the person's business as such a contracted service provider; or

(v) if the person is or was the Register operator--in connection with the person's capacity as the Register operator; or

(vi) if the person is or was an employee of the Register operator--because the person is or was employed by the Register operator in connection with its business as the Register operator; or

(vii) if the person is or was a contracted service provider of the Register operator--in connection with the person's business as such a contracted service provider; or

(ix) if the person is or was an ACMA official--in connection with the person's capacity as an ACMA official; or

(x) if the person is or was the Secretary of a Department--in connection with the person's capacity as the Secretary of that Department; or

(xi) if the person is or was an APS employee in a Department--in connection with the person's capacity as an APS employee in that Department.

Civil penalty: 180 penalty units.

Exceptions

(3) Subsections (1) and (2) do not apply if the disclosure was authorised by or under:

(a) subsection (4), (6) or (7); or

(b) section 61NC; or

(d) section 61NE; or

(e) section 61NF; or

(f) section 61NG; or

(g) section 61NH; or

(h) Australian Privacy Principle 12; or

(i) Part V of the Freedom of Information Act 1982 .

Note 1: 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 2: 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).

Authorised disclosure--general

(4) A person covered by paragraph (1)(b) or (2)(a) may disclose protected information:

(a) in connection with the administration or execution of this Part; or

(b) for the purposes of ensuring that a licensed interactive wagering service provider complies with this Part; or

(i) any legal proceedings arising out of or otherwise related to this Part; or

(ii) any report of any such proceedings; or

(d) in accordance with any requirement imposed by a law of the Commonwealth, a State or a Territory; or

(e) in connection with the performance of functions, or the exercise of powers, by:

(i) the Register operator; or

(ii) the ACMA; or

(f) for the purpose of obtaining legal advice in relation to this Part.

(5) For the purposes of subsection (4), this Part i ncludes:

(a) the Register rules; and

(b) any other provision of this Act, so far as that other provision relates to this Part or the Register rules; and

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

Authorised disclosure--consent

(6) A person covered by paragraph (1)(b) or (2)(a) may disclose protected information that is personal information that relates to an individual if:

(a) the individual has consented to the disclosure; and

(b) the disclosure is in accordance with that consent.

Authorised disclosure--information derived from protected information

(7) The ACMA may disclose personal information derived from protected information if the personal information is de - identified information (within the meaning of the Privacy Act 1988 ).

Offence--extended geographical jurisdiction

(8) Section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against subsection (1).

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