Document ID: chunk:federal_register_of_legislation:C2024C00646:section:61ea
Version: federal_register_of_legislation:C2024C00646
Segment Type: section
Provision Reference: s 61EA
Character Range: 106902–109098

61EA  Designated interactive gambling service advertisements not to be published in Australia
 (1) A person commits an offence if:
 (a) the person publishes a designated interactive gambling service advertisement in Australia; and
 (b) the publication is not permitted by section 61EB; and
 (d) the publication is not permitted by section 61ED; and
 (e) the publication is not permitted by section 61EE; and
 (f) the publication is not permitted by section 61EF.
Penalty: 120 penalty units.
 (1A) A person must not publish a designated interactive gambling service advertisement in Australia if:
 (a) the publication is not permitted by section 61EB; and
 (b) the publication is not permitted by section 61ED; and
 (c) the publication is not permitted by section 61EE; and
 (d) the publication is not permitted by section 61EF.
Civil penalty: 180 penalty units.
 (2) A person commits an offence if:
 (a) the person authorises or causes a designated interactive gambling service advertisement to be published in Australia; and
 (b) the publication is not permitted by section 61EB; and
 (d) the publication is not permitted by section 61ED; and
 (e) the publication is not permitted by section 61EE; and
 (f) the publication is not permitted by section 61EF.
Penalty: 120 penalty units.
 (2A) A person must not authorise or cause a designated interactive gambling service advertisement to be published in Australia if:
 (a) the publication is not permitted by section 61EB; and
 (b) the publication is not permitted by section 61ED; and
 (c) the publication is not permitted by section 61EE; and
 (d) the publication is not permitted by section 61EF.
Civil penalty: 180 penalty units.
 (3) For the purposes of this section, a designated interactive gambling service advertisement that is included on a website is taken to be published in Australia if, and only if:
 (a) the website is accessed, or is available for access, by end‑users in Australia; and
 (b) having regard to:
 (i) the content of the website; and
 (ii) the way the website is advertised or promoted;
  it would be concluded that it is likely that a majority of persons who access the website are physically present in Australia.