Document ID: chunk:federal_register_of_legislation:C2024C00646:section:61lb
Version: federal_register_of_legislation:C2024C00646
Segment Type: section
Provision Reference: s 61LB
Character Range: 157410–158979

61LB  Regulated telemarketing calls must not be made to a registered individual

Offence
 (1) A person commits an offence if:
 (a) the person is a licensed interactive wagering service provider; and
 (b) the person makes, or causes to be made, a regulated telemarketing call to another person; and
 (c) the other person is a registered individual.
Penalty: 120 penalty units.

Civil penalty provision
 (2) A licensed interactive wagering service provider must not make, or cause to be made, a regulated telemarketing call to a registered individual.
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).