Document ID: chunk:federal_register_of_legislation:C2019A00127:clause:1_61ma
Version: federal_register_of_legislation:C2019A00127
Segment Type: clause
Provision Reference: sch 1 cl 61MA
Character Range: 53881–55457

61MA  Licensed interactive wagering service account must not be opened for 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 opens a licensed interactive wagering service account for an individual; and
 (c) the individual is a registered individual.
Penalty: 120 penalty units.

Civil penalty provision
 (2) A licensed interactive wagering service provider must not open a licensed interactive wagering service account for 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).