Interactive Gambling (Sporting Events and Excluded Wagering Services) Determination 2017

Interactive Gambling Act 2001

I, MITCH FIFIELD, Minister for Communications make the following determination.

Dated: 11 December 2017

MITCH FIFIELD

Minister for Communications

Part 1—Introduction

1  Name

  This instrument is the Interactive Gambling (Sporting Events and Excluded Wagering Services) Determination 2017.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under the following provisions of the Interactive Gambling Act 2001:

 (a) subsection 8A(4);

 (b) subsection 10A(2);

 (c) subsection 10A(3).

4  Definitions

  In this instrument:

Act means Interactive Gambling Act 2001.

day of play:

 (a) in relation to a multiple-day cricket match, means the part, or all of the parts, of the match that occur on a particular day (in the local time where the match occurs); and

 (b) in relation to a multiple-day golf tournament, means the part, or all of the parts, of the tournament that occur on a particular day (in the local time where the tournament occurs).

day of racing, in relation to a multiple-day cycling race, means the part, or all of the parts, of the race that occur on a particular day (in the local time where the race occurs).

multiple-day cricket match means a cricket match that occurs on more than one day (in the local time where the match occurs).

multiple-day cycling race means a cycling race that occurs on more than one day (in the local time where the race occurs).

multiple-day golf tournament means a golf tournament that occurs on more than one day (in the local time where the tournament occurs).

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) bet;

(b) excluded wagering service;

(c) sporting event.

Part 2—Sporting Events

5  Things taken not to be sporting events

  For the purposes of subsection 10A(3) of the Act, each of the following things is taken not to be a sporting event:

 (a) a multiple-day cricket match;

 (b) a multiple-day cycling race;

 (c) a multiple-day golf tournament.

6  Things taken to be sporting events

  For the purposes of subsection 10A(2) of the Act, each of the following things is taken to be a sporting event, and the outcomes of each of those things is taken not to be a contingency for the purposes of paragraph 10B(b) of the Act:

 (a) a day of play of a multiple-day cricket match;

 (b) a day of racing of a multiple-day cycling race;

 (c) a day of play of a multiple-day golf tournament.

Note 1: Due to section 5 and this section:

(a) each day of play of a multiple-day cricket match is a sporting event; and

(b) the multiple-day cricket match is a series of sporting events.

Note 2: Due to section 5 and this section:

(a) each day of racing of a multiple-day cycling race is a sporting event; and

(b) the multiple-day cycling race is a series of sporting events.

Note 3: Due to section 5 and this section:

(a) each day of play of a multiple-day golf tournament is a sporting event; and

(b) the multiple-day golf tournament is a series of sporting events.

Part 3—Excluded wagering services

7  Conditions

Scope

 (1) This section determines conditions under subsection 8A(4) of the Act for the purposes of services mentioned in subsection 8A(3) of the Act.

Note: Due to subsection 8A(3) of the Act, a service will be an excluded wagering service:

(a)     to the extent to which the service relates to betting on, or on a series of, sporting events; and

(b)     to the extent to which the service is not an in-play betting service;

so long as the conditions determined in this section (and any other conditions determined under subsection 8A(4) of the Act) are satisfied.

Conditions—multiple-day cricket match, cycling race or golf tournament

 (2) It is a condition of a service mentioned in subsection 8A(3) of the Act that the service does not relate to betting on the outcome of, or on a contingency that may or may not happen in the course of:

 (a) a multiple-day cricket match; or

 (b) a day of play of a multiple-day cricket match;

where the bets are placed, made, received or accepted during a period:

 (c) beginning at the start of any day of play of the match; and

 (d) ending at the conclusion of that day of play.

 (3) It is a condition of a service mentioned in subsection 8A(3) of the Act that the service does not relate to betting on the outcome of, or on a contingency that may or may not happen in the course of:

 (a) a multiple-day cycling race; or

 (b) a day of racing of a multiple-day cycling race;

where the bets are placed, made, received or accepted during a period:

 (c) beginning at the start of any day of racing of the race; and

 (d) ending at the conclusion of that day of racing.

 (4) It is a condition of a service mentioned in subsection 8A(3) of the Act that the service does not relate to betting on the outcome of, or on a contingency that may or may not happen in the course of:

 (a) a multiple-day golf tournament; or

 (b) a day of play of a multiple-day golf tournament;

where the bets are placed, made, received or accepted during a period:

 (c) beginning at the start of any day of play of the tournament; and

 (d) ending at the conclusion of that day of play.