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2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Interactive Gambling Amendment (Ban on Gambling Advertisements) Bill 2023
2023
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Rebekha Sharkie MP
INTERACTIVE GAMBLING AMENDMENT (BAN ON GAMBLING ADVERTISEMENTS)
BILL 2023
OUTLINE
The Interactive Gambling Amendment (Ban on Gambling Advertisements) Bill 2023
amends the Interactive Gambling Act 2001 to ban advertising of a licensed interactive
wagering service that is a gambling service.
This will prohibit television, print, radio and online advertising of interactive gambling
services such as telephone and online gambling.
Exemptions are provided for certain types of advertising including gambling service related
employment and trade advertisements, and advertisements to reduce gambling harm.
BACKGROUND
The Victorian Responsible Gambling Foundation recently reported that an average of 948
gambling advertisements were broadcast each day in Victoria on free-to-air television
alone.
Further, the Australian Institute of Family Studies (AIFS) has painted a bleak picture of
gambling in Australia, with three in four Australians having gambled at least once in the
past year, and almost half of them (46 per cent) at risk of harm from betting.
The 2023 AIFS report highlights concerning links between gambling advertising and
increased betting, with young people reportedly more likely to bet on impulse after viewing
gambling advertisements.
Limiting advertising of gambling services during televised live sport may have contributed
to a proliferation of such advertising across other television programming.
The majority of Australians support increased restrictions and bans on gambling
advertising and there is reportedly strong support for increased government regulation of
gambling advertising.
The proposed advertising ban does not apply to, for example, excluded wagering and
excluded lottery services.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill as the 'Interactive
Gambling Amendment (Ban on Gambling Advertisements) Act 2023'.
Clause 2: Commencement
2. Clause 2 provides for the commencement of the Act the day after the end of the
period of 6 months beginning on the day after it receives Royal Assent. This is
intended to provide time for affected interactive wagering service providers and
print, online, television and radio media to prepare for the proposed prohibition on
advertisements for interactive gambling services.
Clause 3: Schedules
3. Clause 3 provides that each Act specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule. Any other item in a
Schedule to this Act has effect according to its terms.
Schedule 1 - Amendments
Interactive Gambling Act 2001
Item 1 - Section 3
Item 1 amends section 3, the simplified outline of the Act, with the insertion of paragraph
(ea) which stipulates that licensed interactive wagering services must not be advertised.
Items 2 and 3 - After paragraph 16(c) and After subparagraph 21(1)(a)(iii)
Item 2 amends section 16 and item 3 amends section 21 to insert reference to new Part
7AA Prohibition of advertising of licensed interactive wagering services.
Item 4 - After Part 7A
Item 4 inserts new Part 7AA Prohibition of advertising of licensed interactive wagering
services. This builds on the provisions of existing Part 7A which bans advertising of
prohibited interactive gambling services and unlicensed regulated interactive gambling
services.
Proposed new section 61FE inserts new definitions for the purpose of Part 7AA of the
terms broadcast, broadcasting service, broadcasting services bands, datacast, display,
exempt library, government or political matters, licensed interactive wagering service,
licensed interactive wagering service advertisement, licensed interactive wagering service
provider, periodical, program, public place, publish, section of the public and workplace.
New section 61FEA defines a licensed interactive wagering service advertisement as any
writing, still or moving picture, sign, symbol or other visual image or audible message or
combination of those things that publicises or promotes a licensed interactive wagering
service or such services in general, the trademark, domain name or URL or any words
closely associated with a licensed interactive wagering service.
This definition is subject to exceptions set out in new sections 61FEB (political
communication), 61FEC (websites and business documents), 61FED (premises of
providers), 61FEE (management advertisements), 61FEF (products or services of the
same name), 61FEG (anti-gambling advertisements) and 61FEH (advertisements of a kind
specified in regulations). These exceptions recognise that gambling itself and the
existence of gambling services is not illegal, only the advertising promotion of those
services on television, radio, in print and online.
New section 61FEJ clarifies that words include abbreviations, initials and numbers.
New section 61FEK defines publication of licensed interactive wagering service
advertisements to include an advertisement on a website, a document such as a
newspaper, magazine, program, leaflet or ticket distributed to the public, or inclusion in a
film, video, television or radio program intended to be seen or heard by the public.
This definition is subject to exceptions set out in proposed new sections 61FEL
(broadcasting or datacasting does not amount to publication), 61FEM (trade
communications), 61FEN (telephone directories), 61FEO (exempt libraries), 61FEP
(acknowledgements of assistance or support).
Section 61FEQ provides that a person:
• commits an offence if they broadcast or datacast a licensed interactive wagering
service advertisement in Australia (civil penalty of 120 penalty units);
• must not broadcast or datacast a licensed interactive wagering service
advertisement in Australia (civil penalty of 180 penalty units);
• commits an offence if they authorise or cause such an advertisement to be
broadcast or datacast in Australia (civil penalty of 120 penalty units);
• must not authorise or cause such an advertisement to be broadcast or datacast in
Australia (civil penalty of 180 penalty units);
if not permitted by section 61FER (accidental or incidental broadcast or datacast) or
61FES (broadcast or datacast of advertisements during flights of aircraft).
(A corporate multiplier of 5 applies for bodies corporate due to the operation of existing
section 64B of the Interactive Gambling Act 2001 and section 82 of the Regulatory Powers
(Standard Provisions) Act 2014.)
New sections 61FER and 61FES provide for the afore-mentioned exemptions to section
61FEQ, in the case of accidental or incidental broadcast of a licensed interactive wagering
service advertisement, or the broadcast or datacast of advertisements during a flight of an
aircraft unless it begins and ends in Australia.
New section 61FET provides that a person:
• commits an offence if they publish a licensed interactive wagering service
advertisement in Australia (civil penalty of 120 penalty units);
• must not publish a licensed interactive wagering service advertisement in Australia
(civil penalty of 180 penalty units);
• commits an offence if they authorise or cause such an advertisement to be
published in Australia (civil penalty of 120 penalty units);
• must not authorise or cause such an advertisement to be published in Australia
(civil penalty of 180 penalty units);
if not permitted by section 61FEU (periodicals distributed outside of Australia), section 61
FEV (accidental or incidental publication), section 61FEW (publication by person not
receiving any benefit), or 61FEX (publication of advertisements during flights of aircraft).
New sections 61FEU and 61FEV provide for exemptions to section 61FET, in the case of
periodicals distributed outside of Australia and accidental or incidental publication of a
licensed interactive wagering service advertisement. New sections 61FEW and 61FEX
provide for exemptions to section 61FET in the cases of publication of such
advertisements by a person not receiving any benefit, or during a flight of an aircraft unless
it begins and ends in Australia.
New section 61FEY provides that civil proceedings do not lie against a person for refusing
or failing to broadcast, datacast or publish a licensed interactive wagering service
advertisement if it is prohibited by this Part.
New section 61FEZ sets out additional conditions for licences and licencees under the
Broadcasting Services Act 1992 such that each commercial television broadcasting
licence, commercial radio broadcasting licence, community broadcasting licence,
subscription television broadcasting licence, class licence for a broadcasting service and
datacasting licence is subject to the condition that the licensee will not broadcast or
datacast a licensed interactive wagering service advertisement in contravention of this
Part. Contravention of this section could give rise to a breach of licence conditions under
the Broadcasting Services Act 1992 and associated penalties.
Following paragraph 64A(i), four new subsections are inserted, providing that the ACMA
may issue a formal warning for contravention of the following new provisions:
• (ia): subsection 61FEQ(2) (prohibition on broadcast or datacast of a licensed
interactive wagering service advertisement in Australia);
• (ib): subsection 61FEQ(4) (prohibition on authorising or causing such an
advertisement to be broadcast or datacast in Australia);
• (ic): subsection 61FET(2) (prohibition on publication of such an advertisement in
Australia);
• (id): subsection 61FET(4) (prohibition on authorising or causing such an
advertisement to be published in Australia).
Following paragraph 64C(1)(i), four new subsections are inserted, providing that the
following new subsections are subject to an infringement notice under Part 5 of the
Regulatory Powers (Standard Provisions) Act 2014:
• (ia): subsection 61FEQ(2) (prohibition on broadcast or datacast of a licensed
interactive wagering service advertisement in Australia);
• (ib): subsection 61FEQ(4) (prohibition on authorising or causing such an
advertisement to be broadcast or datacast in Australia);
• (ic): subsection 61FET(2) (prohibition on publication of such an advertisement in
Australia);
• (id): subsection 61FET(4) (prohibition on authorising or causing such an
advertisement to be published in Australia).
Following paragraph 64D(1)(i), four new subsections are inserted, providing that the
following new subsections are enforceable under Part 7 of the Regulatory Powers
(Standard Provisions) Act 2014:
• (ia): subsection 61FEQ(2) (prohibition on broadcast or datacast of a licensed
interactive wagering service advertisement in Australia);
• (ib): subsection 61FEQ(4) (prohibition on authorising or causing such an
advertisement to be broadcast or datacast in Australia);
• (ic): subsection 61FET(2) (prohibition on publication of such an advertisement in
Australia);
• (id): subsection 61FET(4) (prohibition on authorising or causing such an
advertisement to be published in Australia).
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Interactive Gambling Amendment (Ban on Gambling Advertisements) Bill 2023
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
The Interactive Gambling Amendment (Ban on Gambling Advertisements) Bill 2023 aims
to lessen gambling harm by banning the broadcasting, datacasting and publication of
advertising for licensed interactive gambling services (e.g. telephone and online gambling).
Human rights implications
By extending existing prohibitions in the Act on gambling advertising, the bill further
engages the right to freedom of expression in Article 19, including the right to seek,
receive and impart information. The aim of this further curtailment of freedom of
expression is to limit promotion of gambling activity which causes harm to individuals,
families and the community.
The exercise of the right to freedom of expression carries with it special duties and
responsibilities. It may therefore be subject to restrictions by law such as are necessary,
including for the protection of public health.
The Australian Institute of Family Studies reports that three in four Australians have
gambled at least once in the past year, with almost half of them (46 per cent) at risk of
harm from betting. The Institute reports concerning links between gambling advertising
and increased betting, with young people reportedly more likely to bet on impulse after
viewing gambling advertisements. Australians have been increasingly targeted by
gambling advertising, which leaves many at risk of gambling harm.
The limitations proposed on freedom of expression in the bill are compatible with human
rights because the Bill advances the legitimate public health objectives of reducing the
financial, social and mental health harms caused to individuals, families and the
community by harmful gambling activity, and protecting young people from such activity.
The Bill does not seek to ban gambling. Rather it restores Australians', including young
Australians', right to enjoy media without seeing or hearing hundreds of gambling
advertisements each day. Any limitations placed on individuals or industry are considered
to be reasonable, necessary and proportionate in response to high levels of community
concern about the pervasive spread and impacts of gambling advertising across all media.
Conclusion
This bill is compatible with human rights because to the extent that it may limit human
rights, those limitations are reasonable, necessary and proportionate.
Rebekha Sharkie MP