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Online Gambling Laws - Excel

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					                                         SUMMARY OF SUBMISSIONS TO THE SENATE INQUIRY INTO ONLINE GAMBLING
                       Favour                  Extent of                                 Essential
                   Commonwealth             Commonwealth                                Regulatory                        Minors                            Online Problem gambling
                    Involvement              Involvement                                 Elements
                                                                                                                      Minors can be
                                  Degree of Federal involvement will
                                                                             Consumer protection is crucial to        prevented from               Can be minimised by enforcing an appropriate
                                    depend upon the ability of States
                                                                           foster player trust and international     accessing sites by       regulatory regime. Enforced breaks at regular intervals,
                                   and Territories to create and abide
                                                                         reputation for well-regulated gambling registration processes        links to help/counselling, information on and control of
   Gambling                         by a cooperative model. National
                       Yes                                                   environment. This requires strict   requiring identification     expenditure. Third party and self exclusions are another
Industry Groups                    regulatory framework is crucial to
                                                                            regulation of privacy and provider     and access requiring          means of preventing problem gambling. Sites can
                                      maintenance of high standards
                                                                           probity similar to land-based casino passwords. Inability to      regulate gambling habits and expenditure to a degree not
                                      which in turn give Australian
                                                                                      requirements.                 receive proceeds is              possible for traditional forms of gambling.
                                      providers a competitive edge.
                                                                                                                 disincentive to minors.
                                                                         Restrict access by minors, disallow use
                                    Favour Commonwealth imposed                                                                               The nature of the medium and the inherent secrecy of
                                                                          of credit cards, education programs,
                                  ban, or strict regulation with Federal                                         Access limited by 100-      problem gamblers render this medium prone to fostering
                                                                           regulate speed of spending, protect
  Community                       coordination of regulation to ensure                                           point identification test         gambling problems. Some suggest regulatory
                       Yes                                                  those vulnerable to overspending.
 Organisations                       consistent national approach or,                                            favoured; identification        possibilities to reduce impact such as expenditure
                                                                              Rigorous licensing criteria and
                                     alternatively, complete Federal                                             password to access site.      thresholds, cross-referencing of client base and game
                                                                             enforcement of criteria to ensure
                                            regulatory control.                                                                                             speed and cooling-off periods.
                                                                                   consumer protection.
                                                                              Privacy, disallow credit card use,
                                  Outright ban sought, or otherwise, if                                              Support 100-point
                                                                              warnings of dangers, expenditure                              Believe incidence of problem gambling will increase and
                                        ban not achieved, federal                                                 identification test prior
  Church and                                                                thresholds and information, operator                            extent of problems intensify as behavioural addictions to
                                     involvement in regulation with                                                to registration, access
    related            Yes                                                 probity, risks/odds information, links                             technology and gambling addictions combine. Also
                                  international cooperation on issue to                                             by PIN number and
 organisations                                                             to help for problem gamblers, control                                secrecy is an element of problem gambling that is
                                      be sought. Federal assistance                                               education programs for
                                                                           speed of gameplay, on-screen display                                            inherent in online gambling.
                                  enforcing rigorous licensing criteria.                                              school children.
                                                                                  of time and money spent.

                                   Federal involvement necessary to      Support tight, national regulation of
                                      achieve critical international      industry to reduce threat of money
                                   cooperation between police forces        laundering and fraud. Stringent
                                      and governments and urgent       reporting, record-keeping and operator
Intelligence and                     development of technical and          probity requirements are critical
       Law                             forensic expertise to enable        elements in discouraging money
                       Yes                                              laundering. Suggest requiring ISPs to          Not discussed.                             Not discussed.
  Enforcement                         detection and enforcement of
    Agencies                            crimes. State and Federal        disable access to foreign sites upon
                                   Governments need to review local         service of Notice to that effect.
                                      criminal legislation to ensure        Creation of a register of online
                                     provisions covering emerging         gambling sites in cooperation with
                                     criminal activities are in place.       other jurisdictions to assist in
                                                                       disabling foreign and unlicensed sites.




      Appendix 1                                                       Online Gambling - Minority Report - Table.xls                                                                  Page 132
                                                SUMMARY OF SUBMISSIONS TO THE SENATE INQUIRY INTO ONLINE GAMBLING
                     Favour                     Extent of                               Essential
                 Commonwealth               Commonwealth                               Regulatory                     Minors                            Online Problem gambling
                  Involvement                 Involvement                               Elements
                                If any Commonwealth involvement,          Existing regulatory regime covers
                                should be limited to enforcement of prohibition and exclusion of minors
                                   State/Territory codes of practice,   from gambling; accountability of the
                                  advertising regulation, centralised       service provider; functionality,
                                                                                                               Addressed by existing      Government believes harm minimisation is adequately
    ACT              No         harm minimisation information and          security and integrity of systems;
                                                                                                                    regulations.                  addressed by existing regulations.
                                  referral services, and international player protection and privacy of player
                                   matters. Otherwise, cooperative        information; and requirements for
                                   State and Territory regulation is          service providers to promote
                                                adequate.                        responsible gambling.
                                                                                                                 The prohibition of
                                                                                                                   credit betting,
                                                                        Existing regulatory regime addresses    password security,          Recognise need to provide safeguards for those who
                                                                        high levels of provider integrity and  registration controls,       might become problem gamblers and address these
                                                                        security. Licensing conditions cover verification procedures
                                 Consider the issue to be within the                                                                      through licensing conditions imposed on providers and
                                                                              false representations, player    and the contemplated
                                legislative jurisdiction of the Island                                                                   legislative requirements. Prior to licensing Game Design
                                                                          exclusions, bet limitations, player  provision of filtering
                                      Government, and consider                                                                                must be approved taking into account consumer
Norfolk Island       No                                                      registration and identification        software are
                                 themselves able to adequately meet                                                                         protection mechanisms designed to inhibit problem
                                                                         processes, administration of player mechanisms preventing
                                their responsibilities as a competent                                                                      gambling. Gambling information, warnings, problem
                                                                          accounts, game rules and returns,         minor access.
                                                authority.                                                                                gambling information and a requirement that abnormal
                                                                         prohibition of credit betting and on Advances towards the
                                                                                                                                             betting patterns be recognised by the system and
                                                                         minors playing, privacy protection,    reliability of digital                  investigated by the provider.
                                                                         and dispute resolution procedures. signatures are noted for
                                                                                                                   possible future
                                  The WA Government has a policy                                                  implementation.
                                 of limiting the extent and character       The WA Government will not
                                  of gaming in the community and          consider regulatory options at this
                                       does not support Federal         point in time, however may passively
                                    involvement. It recognises the        adopt the Draft National Model at
                                  difficulty in prohibiting access to   some time in the future if evidence of                            Online gaming directly contradicts State Government
  Western
                     No           online gambling by WA residents       significant revenue leakage from WA       Not addressed.          policy and is arguably the most addictive and socially
  Australia
                                 and presently its position is to not       to other jurisdictions becomes                                             damaging form of gambling.
                                     license any new operators to          apparent. The Government may
                                 provide Internet gambling services        introduce legislation prohibiting
                                in WA but to allow WA residents to      advertising and use (in public venues)
                                   access online gambling services           of online gambling services.
                                           outside the State.




      Appendix 1                                                    Online Gambling - Minority Report - Table.xls                                                                 Page 133
                                            SUMMARY OF SUBMISSIONS TO THE SENATE INQUIRY INTO ONLINE GAMBLING
                 Favour                  Extent of                                 Essential
             Commonwealth             Commonwealth                                Regulatory                          Minors                          Online Problem gambling
              Involvement              Involvement                                 Elements
                                 Commonwealth action is                                                        Player authentication
                            unnecessary provided all States and   Elements enumerated in the Draft            requirements to prevent
                                                                                                                                       Self-exclusion means and expenditure limits are in place
                                 Territories participate in       National Regulatory Model, which              betting by minors, as
                                                                                                                                           to minimise the incidence and extent of problem
                            cooperative approach to designing      include probity and standards of            indicated in the Draft
 Victoria         No                                                                                                                   gambling. Betting on credit is forbidden and cooling-off
                               effective regulatory regimes.    providers, player access and protection        National Model, and it
                                                                                                                                          periods apply for revocation of a self-exclusion or
                             Victoria encourages adherence to     provisions and cross-jurisdictional            is an offence for a
                                                                                                                                                             betting limit.
                              the Draft National Model and                    cooperation.                      provider to register a
                              legislative action accordingly.                                                    minor as a player.

                                                                                                               Strict access controls
                            The Northern Territory Government           The NT Government supports the        have been implemented
                            believes State and Territory laws are   Draft National Regulatory Model, and      to confirm identity and
                                 adequate to regulate online        legislative amendments to the Gaming         eligibility to play.
                                gambling and that there is no          Control Act have implemented the           Consider control       Self-exclusion allows a player to control their own
                             compelling argument for Federal          regulatory elements contained in the        measures able to     access; a link to a counselling website provides a self-
 Northern
                  No        involvement aside from the Federal          Draft National Model and include       significantly deter the    diagnosis test for problem gamblers; records of
 Territory
                                Government's role in binding             probity of operators, integrity of        motivation and          transactions and expenditure limits are further
                                  Australia to international             operation, protection of players'     capacity for minors to mechanisms used to minimise problem gambling online.
                                agreements regulating cross-           interests, promotion of responsible      gamble online, to a
                              jurisdictional matters such as e-         gambling practices and access to         greater extent than
                                         commerce.                  filtering software from gambling sites.     existing land-based
                                                                                                                   gambling sites.

                                Commonwealth involvement in
                             policing illegal interactive gaming                                                Player registration
                                                                                                                                          General player protection provisions directed at
                            sites is the only Federal involvement The integrity and probity of operators      requirements, proof of
                                                                                                                                        minimising problem gambling and its impacts are in
                               required. Queensland supports a    and associated company officers and           age, residency and
                                                                                                                                     place. The Queensland Government recognises the need
                                national cooperative regulatory    employees, technical functionality,        identity combined with
                                                                                                                                       to monitor the social impact of online gambling on an
Queensland        No                regime by enactment of          privacy controls, advertising and         a prohibition on minor
                                                                                                                                      ongoing basis. The Queensland regulatory framework
                             complementary legislation in each     marketing controls and responsible             participation is
                                                                                                                                     provides for self and third party exclusions, a prohibition
                             State. Queensland does not support gaming initiatives are elements of the        expected to discourage
                                                                                                                                        of credit betting, detailed transaction records and an
                                  the development of a new         Queensland regulatory framework.             and prevent minors
                                                                                                                                         ability to set individual and cumulative bet limits.
                               regulatory regime by the Federal                                                   from gambling.
                                          Government.
NB No submissions from SA, NSW and Tasmanian governments




    Appendix 1                                                  Online Gambling - Minority Report - Table.xls                                                                   Page 134

				
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