Document ID: chunk:federal_register_of_legislation:C2024C00646:section:61mc:p2
Version: federal_register_of_legislation:C2024C00646
Segment Type: section
Provision Reference: s 61MC (pt 2/3)
Character Range: 174765–177556

units.
 (4) Subsection (3) does not apply if the person 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 (3), a defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Civil penalty provision
 (5) If:
 (a) an individual becomes a registered individual; and
 (b) immediately before becoming a registered individual:
 (i) the individual had a licensed interactive wagering service account with a licensed interactive wagering service provider; and
 (ii) the individual had one or more outstanding or pending bets that are attributable to the provision of one or more licensed interactive wagering services by the provider; and
 (c) those bets are subsequently resolved (whether at the same time or at different times);
then:
 (d) if, at the time, or the latest time, when those bets were resolved, the individual did not owe any debts to the provider that could lawfully be recovered by way of deduction from the account—the provider must, as soon as practicable after the time, or the latest time, when those bets were resolved:
 (i) close the account; and
 (ii) if the account has a credit balance—pay the individual an amount equal to the credit balance; and
 (e) if, at the time, or the latest time, when those bets were resolved, the individual owed one or more debts to the provider that could lawfully be recovered by way of deduction from the account—the provider must, as soon as practicable after the time, or the latest time, when those bets were resolved:
 (i) close the account; and
 (ii) if the account would have a credit balance if the total amount of those debts were deducted from the account—pay the individual an amount equal to the difference between the balance of the account and the total amount of those debts; and
 (f) if the individual ceases to be a registered individual before the closure of the account—the provider must ensure that the account is not used in relation to the provision, or prospective provision, of one or more licensed interactive wagering services to the individual after the cessation; and
 (g) if the account has been closed—the provider must not reopen, reactivate or reinstate the account.
Civil penalty: 180 penalty units.
 (6) Paragraph (5)(f) does not prevent the licensed interactive wagering service provider from opening a new licensed interactive wagering service account for the individual if the individual ceases to be a registered individual.
 (7) Subsection