Document ID: chunk:federal_register_of_legislation:C2024C00646:section:8aa
Version: federal_register_of_legislation:C2024C00646
Segment Type: section
Provision Reference: s 8AA
Character Range: 23729–26226

8AA  Telephone betting service
 (1) For the purposes of this Act, a telephone betting service is a gambling service, where:
 (a) the service is provided on the basis that dealings with customers are wholly by way of voice calls made using a carriage service; and
 (aa) the service does not relate to betting on the outcome of a lottery; and
 (ab) the service does not relate to betting on a contingency that may or may not happen in the course of the conduct of a lottery; and
 (b) the conditions (if any) determined under subsection (2) have been satisfied.
 (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(b).
 (3) For the purposes of this section, voice call means:
 (a) a voice call (within the ordinary meaning of that expression) the content of which consists wholly of a spoken conversation between individuals; or
 (b) if a call covered by paragraph (a) is not practical for a particular customer with a disability (for example, because the customer has a hearing impairment)—a call that is equivalent to a call covered by that paragraph.
 (4) The following are examples of calls that are not covered by paragraph (3)(a):
 (a) a call the content of which includes a recorded or synthetic voice;
 (b) a call the content of which includes one or more tone signals.
 (5) Paragraph (3)(a) and subsection (4) have effect subject to subsections (6) and (7).
 (6) For the purposes of this section, in determining whether a call is covered by paragraph (3)(a), disregard any recorded or synthetic voice used for either or both of the following purposes:
 (a) call waiting;
 (b) a menu system for transferring callers to an extension.
 (7) For the purposes of this section, in determining whether a call is covered by paragraph (3)(a), disregard any tone signal used for the sole purpose of a menu system for transferring callers to an extension.
 (8) Despite subsection (1), if a gambling service is provided on the basis that any or all of the following information can be provided by a customer otherwise than by way of a voice call:
 (a) a selection of a bet;
 (b) a selection of a bet type;
 (c) a nomination of a bet amount;
 (d) a confirmation of a bet;
 (e) information of a kind determined under subsection (9);
the service is not a telephone betting service for the purposes of this Act.
 (9) The Minister may, by legislative instrument, determine one or more kinds of information for the purposes of paragraph (8)(e).