Document ID: chunk:federal_register_of_legislation:C2024C00646:section:15c:p2
Version: federal_register_of_legislation:C2024C00646
Segment Type: section
Provision Reference: s 15C (pt 2/2)
Character Range: 52596–55020

credit card;
 (b) an account, service or facility in which payment is made from a credit card linked to the account, service or facility;
 (c) digital currency;
 (d) a method of a kind determined by the Minister by legislative instrument for the purposes of this paragraph.

Exceptions
 (5) Subsections (1), (1A), (3) and (3A) do not apply if the person:
 (a) did not know; and
 (b) could not, with reasonable diligence, have ascertained;
that the customer, or prospective customer, as the case may be, was physically present in Australia.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
 (5A) Subsections (1A) and (3A) do not apply if the person:
 (a) did not know; and
 (b) could not, with reasonable diligence, have ascertained;
that the person was accepting, or offering to accept, payment using a method mentioned in subsection (4A).
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
 (6) For the purposes of subsection (5), in determining whether the person could, with reasonable diligence, have ascertained that the customer, or prospective customer, as the case may be, was physically present in Australia, the following matters are to be taken into account:
 (a) whether the customer, or prospective customer, as the case may be, was informed that Australian law prohibits the provision of credit to, or payment by the methods mentioned in subsection (4A) from, customers, or prospective customers, who are physically present in Australia;
 (b) whether the person required customers to provide personal details and, if so, whether those details suggested that the customer was not physically present in Australia;
 (c) whether the person has network data that indicates that customers were physically present outside Australia:
 (i) when the relevant customer account was opened; and
 (ii) throughout the period when the service was provided to the customer;
 (d) any other relevant matters.

Extended geographical jurisdiction of offences
 (8) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (1A).