House of RepresentativesMelissa McIntosh · House of RepresentativesTuesday 18 August 2026

Interactive Gambling Amendment (Gambling Reform) Bill 2026

Mrs McINTOSH (Lindsay) (12:51): I move opposition amendments (1) to (10) on sheet AE117, amendments (1) to (3) of sheet AE118, amendments (1) to (6) on sheet AE119, amendment (1) on sheet HG144, amendments (1) to (11) on sheet CH121, amendments (1) to (7) on sheet CH123, amendments (1) to (6) on sheet MM111 and amendment (1) on sheet TK116, circulated in my name, together: SHEET AE117 (1) Schedule 1, item 18, page 14 (lines 11 to 13), omit the definition of online simulcast service in section 62B, substitute: online radio simulcast service: see section 62FA. online television simulcast service: see section 62FA.

(2) Schedule 1, item 18, page 21 (after line 18), after section 62F, insert: 62FA Meaning of online radio simulcast service and online television simulcast service (1) For the purposes of this Part, an online radio simulcast service means a service, or a part of a service, that is provided to end-users using an internet carriage service, and that: (a) does no more than provide a stream of content that is identical to the stream of programs transmitted on: (i) a commercial radio broadcasting service provided under a commercial radio broadcasting licence; or (ii) a subscription radio narrowcasting service; or (iii) a radio broadcasting service provided by the Special Broadcasting Service Corporation; and (b) provides that stream of content simultaneously, or almost simultaneously, with the transmission of that stream of programs.

(2) For the purposes of this Part, an online television simulcast service means a service, or a part of a service, that is provided to end-users using an internet carriage service, and that: (a) does no more than provide a stream of content that is identical to the stream of programs transmitted on: (i) a commercial television broadcasting service provided under a commercial television broadcasting licence; or (ii) a subscription television broadcasting service provided under a subscription television broadcasting licence; or (iii) a subscription television narrowcasting service; or (iv) a television broadcasting service provided by the Special Broadcasting Service Corporation; and (b) provides that stream of content simultaneously, or almost simultaneously, with the transmission of that stream of programs.

(3) For the purposes of subsections (1) and (2), in determining whether a stream of content is identical to a stream of programs, disregard: (a) any differences that are attributable to the technical characteristics of the provision or transmission (for example, video resolution or sound quality); and (b) the presence or absence of: (i) any advertising content, sponsorship content or promotional content; and (ii) any watermark-type logo or insignia.

(4) Terms used in this section that are defined in the Broadcasting Services Act 1992, or in Schedule 8 to that Act, have the same meaning in this section as they have in that Act or that Schedule. (3) Schedule 1, item 18, page 32 (lines 9 to 18), omit subsection 62P(6), substitute: Exception — online simulcast services (6) Subsection (1) does not apply, to the extent that the online content service includes the provision of an online radio simulcast service or an online television simulcast service, if a notice is in force under section 62SB in relation to the simulcast service.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act). (4) Schedule 1, item 18, page 33 (lines 16 to 21), omit subsections 62P(11) and (12). (5) Schedule 1, item 18, page 34 (lines 14 to 23), omit subsection 62Q(3), substitute: Exception — online simulcast services (3) Subsection (1) does not apply, to the extent that the online content service includes the provision of an online radio simulcast service or an online television simulcast service, if a notice is in force under section 62SB in relation to the simulcast service.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act). (6) Schedule 1, item 18, page 35 (lines 21 to 26), omit subsections 62Q(8) and (9). (7) Schedule 1, item 18, page 37 (before line 27), before Division 4, insert: Division 3A — Alternative treatment of certain online radio and television simulcast services 62SB Notice of alternative treatment (1) If an online content service provider provides: (a) an online radio simulcast service; or (b) an online television simulcast service; the provider may give written notice to the ACMA stating they wish for this Division to apply to the online radio simulcast service or online television simulcast service (the simulcast service).

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (2) The notice must specify the following: (a) the day (the start day) the notice comes into force, which must not be earlier than 7 days before the day the provider gives the ACMA the notice; (b) the name of the simulcast service. (3) The notice is in force for the period that: (a) starts on the start day; and (b) ends on the day that is 12 months after the start day, or the day the notice is revoked by the provider (whichever is the earlier).

Note: When the notice is in force: (a) sections 62P and 62Q do not apply in relation to the simulcast service (see subsections 62P(6) and 62Q(3)); and (b) for an online radio simulcast service—section 62SD applies to the simulcast service; and (c) for an online television simulcast service—section 62SC applies to the simulcast service. Effect of a notice must be communicated to customers (4) The provider must, before the start day, notify potential end-users of the simulcast service that this Division applies to the simulcast service. 62SC Frequency cap for wagering advertising content — online television simulcast services Civil penalty provision — providing content (1) A person contravenes this subsection if: (a) a person provides an online television simulcast service; and (b) a notice is in force under section 62SB in relation to the online television simulcast service; and (c) wagering advertising content is provided in Australia on the online television simulcast service; and (d) the provision occurs at any time during the period (the restricted time) beginning at 5:00 am and ending at 8:30 pm; and (e) the total number of times that wagering advertising content is provided exceeds 3 (the frequency cap) during any 60 minute period that occurs during the restricted time.

Note: The time the content is provided is worked out by reference to section 62JA. Civil penalty: 1,000 penalty units. Civil penalty provision — authorising or causing provision of content (2) A person must not authorise or cause wagering advertising content to be provided in contravention of subsection (1).

Civil penalty: 1,000 penalty units. Exception — streaming dedicated racing or wagering programs (3) Subsections (1) and (2) do not apply to the extent the online television simulcast service provides wagering advertising content on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on: (a) a dedicated racing program; or (b) a dedicated wagering program.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act). Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content). Note 3: For when a program is dedicated to racing or wagering, see section 62E.

Exception — due diligence (4) Subsections (1) and (2) do not apply in relation to a person if: (a) the provision of wagering advertising content that exceeds the frequency cap is a result of a genuine error, mistake or accident; and (b) the person took reasonable precautions, and exercised due diligence, to avoid the error, mistake or accident. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Separate contraventions (5) A person who contravenes subsection (1) or (2) commits a separate contravention of that subsection in respect of each provision of wagering advertising content that exceeds the frequency cap. 62SD Prohibition on wagering advertising content for school drop off and pick up — online radio simulcast services Civil penalty provision — providing content (1) A person contravenes this subsection if: (a) a person provides an online radio simulcast service; and (b) a notice is in force under section 62SB in relation to the online radio simulcast service; and (c) wagering advertising content is provided in Australia on the online radio simulcast service; and (d) the provision occurs during a school day, at any time during the period: (i) beginning at 8 am and ending at 9 am; or (ii) beginning at 3 pm and ending at 4 pm.

Note: The time content is provided, and whether the provision occurs on a school day, is worked out by reference to section 62JA. Civil penalty: 1,000 penalty units. Civil penalty provision — authorising or causing provision of content (2) A person must not authorise or cause wagering advertising content to be provided in contravention of subsection (1).

Civil penalty: 1,000 penalty units. Exception — streaming dedicated racing or wagering programs (3) Subsections (1) and (2) do not apply to the extent the online radio simulcast service provides wagering advertising content on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on: (a) a dedicated racing program; or (b) a dedicated wagering program.

(8) Schedule 1, item 20, page 52 (before line 15), before paragraph 64A(xn), insert: (xmd) subsection 62SC(1); or (xme) subsection 62SC(2); or (xmf) subsection 62SD(1); or (xmg) subsection 62SD(2); or (9) Schedule 1, item 22, page 53 (before line 13), before paragraph 64C(1)(xn), insert: (xmd) subsection 62SC(1); (xme) subsection 62SC(2); (xmf) subsection 62SD(1); (xmg) subsection 62SD(2); (10) Schedule 1, item 24, page 54 (before line 11), before paragraph 64D(1)(xn), insert: (xmd) subsection 62SC(1); (xme) subsection 62SC(2); (xmf) subsection 62SD(1); (xmg) subsection 62SD(2); _____ SHEET AE118 (1) Schedule 2, page 64 (after line 2), before item 9, insert: 8A Section 4 Insert: social media service has the same meaning as in the Online Safety Act 2021.

(2) Schedule 2, page 64 (after line 13), after item 10, insert: 10A After subsection 61EA(1A) Insert: (1B) Subsection (1A) does not apply to a person if subsection (4) applies to the person. 10B After subsection 61EA(2A) Insert: (2B) Subsection (2A) does not apply to a person if subsection (4) applies to the person. (3) Schedule 2, Part 2, page 64 (after line 15), at the end of the Part, add: 11A At the end of section 61EA Add: Publishing on social media (4) A person must not publish, or authorise or cause to be published, a designated interactive gambling service advertisement in Australia if: (a) the person provides an online content service; and (b) the publication is on the online content service; and (c) the online content service is a social media service.

Note: For when a designated interactive gambling service advertisement included or provided on an online content service is taken to be published in Australia, see section 61AB. Civil penalty: 5,000 penalty units. Exception (5) Subsection (4) does not apply if the person took reasonable precautions, and exercised due diligence, to avoid the contravention.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act). 11B After paragraph 64C(1)(i) Insert: (ia) subsection 61EA(4); 11C After paragraph 64D(1)(i) Insert: (ia) subsection 61EA(4); _____ SHEET AE119 (1) Schedule 1, item 18, page 33 (line 5), omit "service.", substitute "service; or".

(2) Schedule 1, item 18, page 33 (after line 5), after paragraph 62P(9)(b), insert: (c) an online radio simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on: (i) a dedicated racing program; or (ii) a dedicated wagering program; or (d) an online television simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on: (i) a dedicated racing program; or (ii) a dedicated wagering program.

(3) Schedule 1, item 18, page 33 (line 9), after "online content service", insert "or a program". (4) Schedule 1, item 18, page 35 (line 10), omit "service.", substitute "service; or". (5) Schedule 1, item 18, page 35 (after line 10), after paragraph 62Q(6)(b), insert: (c) an online radio simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on: (i) a dedicated racing program; or (ii) a dedicated wagering program; or (d) an online television simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on: (i) a dedicated racing program; or (ii) a dedicated wagering program.

(6) Schedule 1, item 18, page 35 (line 14), after "online content service", insert "or a program". _____ SHEET HG144 (1) Page 93 (before line 1), before Schedule 5, insert: Schedule 4C — Statutory review of certain Parts Interactive Gambling Act 2001 1 After section 68 Insert: 68A Review of operation of Parts 7C, 7D and 7E (1) The Minister must cause a review to be conducted of the operation of: (a) Parts 7C, 7D and 7E; and (b) the remaining provisions of this Act, so far as they relate to those Parts.

Timing of review (2) The persons conducting the review must commence the review as soon as practicable after the end of the period of 3 years starting on the day this section commences. Public consultation (3) The review must make provision for public consultation. Minister to be given report of review (4) The persons conducting the review must give the Minister a written report of the review before the end of the period of 6 months starting on the day the review commences.

Minister to table copy of report of review (5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report. _____ SHEET CH121 (1) Schedule 1, item 18, page 12 (after line 17), after the paragraph beginning "Wagering advertising content must" in section 62A, insert: ‚ Wagering advertising content must not be broadcast, datacast, or provided on certain streaming services, during children's programming.

(2) Schedule 1, item 18, page 13 (after line 16), after the definition of broadcast in section 62B, insert: broadcasting video on demand service has the same meaning as in Part 9E of the Broadcasting Services Act 1992. (3) Schedule 1, item 18, page 13 (after line 18), after the definition of channel in section 62B, insert: children means individuals under 18 years of age.

(4) Schedule 1, item 18, page 15 (after line 6), after the definition of section of the public in section 62B, insert: subscription video on demand service has the same meaning as SVOD service in Part 8C of the Broadcasting Services Act 1992. (5) Schedule 1, item 18, page 24 (after line 16), after section 62J, insert: 62JA Working out what time etc. applies for providing content on online content services Working out time (1) Subsection (2) applies in working out the time when content is provided on an online content service to an end-user for the purposes of this Part.

(2) The time of the provision of the content is taken to be the legal time where the end-user of the online content service is located. Working out school days (3) Subsection (4) applies in working out whether content is provided on an online content service to an end-user on a school day for the purposes of this Part. (4) The day of the provision of the content to taken to be a school day if the day is not a Saturday, Sunday, public holiday or public school holiday where the end-user of the online content service is located.

(6) Schedule 1, item 18, page 40 (before line 15), before section 62V, insert: Subdivision A — Prohibitions relating to children's programming 62UA Prohibition relating to wagering advertising content during programs directed towards children Civil penalty provision — broadcasting, datacasting or providing content on certain streaming services (1) A person contravenes this subsection if: (a) either: (i) the person broadcasts or datacasts wagering advertising content in Australia; or (ii) the person provides an online content service that is a broadcasting video on demand service or a subscription video on demand service and wagering advertising content is provided in Australia on the online content service; and (b) the broadcast, datacast or provision on the online content service of the wagering advertising content occurs during a program that is wholly or principally directed towards children; and (c) the broadcast, datacast or provision on the online content service of the wagering advertising content occurs at any time during the period beginning at 5:00 am and ending at 8:30 pm.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content. Note 2: For the meaning of broadcasting video on demand service, children and subscription video on demand service, see section 62B. Note 3: The time of a broadcast or datacast is worked out by reference to section 62J.

For working out time in relation to when content is provided on an online content service, see section 62JA. Civil penalty: 1,000 penalty units. Civil penalty provision — authorising or causing broadcasting, datacasting or provision of content on certain streaming services (2) A person must not authorise or cause wagering advertising content to be broadcast, datacast or included in content provided on an online content service that is a broadcasting video on demand service or a subscription video on demand service, in contravention of subsection (1).

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content. Civil penalty: 1,000 penalty units. Relationship with other provisions (3) To avoid doubt, this section applies in addition to sections 62P and 62Q.

(4) If conduct constitutes a contravention of subsection (1) and subsection 62UB(1), proceedings may be started against a person in relation to the contravention of either or both of those subsections. However, the person is not liable to more than one pecuniary penalty in relation to the same conduct. 62UB Prohibition relating to wagering advertising content during programs likely to be viewed by children Civil penalty provision — broadcasting, datacasting or providing content on certain streaming services (1) A person contravenes this subsection if: (a) either: (i) the person broadcasts or datacasts wagering advertising content in Australia; or (ii) the person provides an online content service that is a broadcasting video on demand service or a subscription video on demand service and wagering advertising content is provided in Australia on the online content service; and (b) the broadcast, datacast or provision on the online content service of the wagering advertising content occurs during a program that is classified: (i) G under the Classification (Publications, Films and Computer Games) Act 1995; or (ii) as a C program or P program under the Broadcasting Services (Australian Content and Children's Television) Standards 2020; and (c) the broadcast, datacast or provision on the online content service of the wagering advertising content occurs at any time during the period: (i) beginning at 6 am and ending at 8:30 am; or (ii) beginning at 4 pm and ending at 7 pm.

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content. Civil penalty: 1,000 penalty units. Exception — dedicated racing or wagering program, channel or online content service (3) Subsections (1) and (2) do not apply if the wagering advertising content is broadcast, datacast or provided on: (a) a dedicated racing program, channel or online content service; or (b) a dedicated wagering program, channel or online content service; or (c) an online radio simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on: (i) a dedicated racing program; or (ii) a dedicated wagering program; or (d) an online television simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on: (i) a dedicated racing program; or (ii) a dedicated wagering program.

Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act). Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content). Note 3: For when a program, channel or online content service is dedicated to racing or wagering, see section 62E.

Relationship with other provisions (4) To avoid doubt, this section applies in addition to sections 62P and 62Q. (5) If conduct constitutes a contravention of subsection (1) and subsection 62UA(1), proceedings may be started against a person in relation to the contravention of either or both of those subsections. However, the person is not liable to more than one pecuniary penalty in relation to the same conduct.

Subdivision B — Other prohibitions and restrictions (7) Schedule 1, item 20, page 52 (after line 15), after paragraph (xn), insert: (xna) subsection 62UA(1); or (xnb) subsection 62UA(2); or (xnc) subsection 62UB(1); or (xnd) subsection 62UB(2); or (8) Schedule 1, item 22, page 53 (after line 13), after paragraph (xn), insert: (xna) subsection 62UA(1); (xnb) subsection 62UA(2); (xnc) subsection 62UB(1); (xnd) subsection 62UB(2); (9) Schedule 1, item 24, page 54 (after line 11), after paragraph (xn), insert: (xna) subsection 62UA(1); (xnb) subsection 62UA(2); (xnc) subsection 62UB(1); (xnd) subsection 62UB(2); (10) Schedule 5, item 3, page 93 (line 20), after "subsection", insert "62UA(1), 62UB(1) and".

(11) Schedule 5, item 3, page 93 (line 26), after "subsection", insert "62UA(1), 62UB(1) and". _____ SHEET CH123 (1) Schedule 2, item 17, page 68 (after line 12), after the paragraph beginning "The ACMA may issue" in section 3, insert: ‚ The ACMA may also issue a notice to a hosting service provider to cease hosting a designated interactive gambling service.

(2) Schedule 2, item 20, page 69 (line 7), omit paragraph (c) of the definition of removal notice, substitute: (c) section 61EJ; or (d) section 61EJA. (3) Schedule 2, item 22, page 70 (line 25), at the end of the heading to section 61EJ, add "—advertisements". (4) Schedule 2, item 22, page 71 (after line 4), after section 61EJ, insert: 61EJA Removal notice given to a hosting service provider — designated interactive gambling services (1) If: (a) a designated interactive gambling service is, or has been, provided on an online content service; and (b) the designated interactive gambling service is hosted by a hosting service provider; the ACMA may give the hosting service provider a written notice (a removal notice) requiring the provider to: (c) take all reasonable steps to cease hosting the designated interactive gambling service; and (d) do so within: (i) 24 hours after the notice was given to the provider; or (ii) such longer period as the ACMA allows.

(2) So far as is reasonably practicable, the designated interactive gambling service must be identified in the removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice. (3) For the purposes of this section, a designated interactive gambling service ceases being hosted if the service is neither accessible to, nor delivered to, any end-users in Australia.

(5) Schedule 2, item 22, page 71 (line 7), omit "or 61EJ", substitute ", 61EJ or 61EJA". (6) Schedule 5, item 11, page 96 (line 6), before "Division 5A", insert "(1)". (7) Schedule 5, item 11, page 96 (after line 9), at the end of the item, add: (2) Section 61EJA of the new IGA Act applies in relation to a removal notice given on or after the commencement day, whether the designated interactive gambling service is provided before, on or after the commencement day. _____ SHEET MM111 (1) Amendment (7), after paragraph 64C(1)(xzd), insert: (xzda) subsection 62ZSA(1); (2) Amendment (8), after paragraph 64D(1)(xzd), insert: (xzda) subsection 62ZSA(1); (3) Amendment (11), omit section 62ZN, substitute: 62ZN Meaning of designated customer (1) For the purposes of this Part, an individual is a designated customer on a day if subsection (2), (3) or (4) applies to the individual on that day.

Previously registered individuals (2) This subsection applies to an individual on a day if: (a) the individual ceased to be a registered individual within the period of 90 days before that day; or (b) the individual: (i) ceased to be a registered individual more than 90 days before that day; and (ii) has not, in the time since that 90-day period, expressly consented to receiving restricted direct marketing messages.

New account holders (3) This subsection applies to an individual on a day if, on that day: (a) the individual has a licensed interactive wagering service account; and (b) the account has been open for 14 days or less. Individuals identified as at risk of gambling-related harm (4) This subsection applies to an individual on a day if: (a) on or before that day, the individual has been identified by a licensed interactive wagering service provider, in accordance with section 62ZSA, as someone who may reasonably be considered to be at risk of gambling-related harm (an at-risk customer); and (b) on that day, either: (i) the person is an at-risk customer; or (ii) the person ceased to be an at-risk customer within the period of 90 days before that day.

Note: Section 62ZSA imposes an obligation on licensed interactive wagering service providers to monitor customer activity to identify individuals who may be at risk of gambling-related harm. (4) Amendment (11), paragraph 62ZS(1)(b), after "designated customer", insert "(within the meaning of subsection (2) of the definition of designated customer in section 62ZN)".

(5) Amendment (11), after section 62ZS, insert: 62ZSA Ongoing customer harm minimisation monitoring (1) A licensed interactive wagering service provider must monitor the customer activity of individuals who use the licensed interactive wagering service to identify individuals that may reasonably be considered to be at risk of gambling-related harm. Civil penalty: 1,000 penalty units.

(2) Without limiting subsection (1), in identifying whether a customer is at risk of gambling-related harm, the licensed interactive wagering service provider must have regard to the following: (a) escalating wagering expenditure; (b) the number of deposits into a licensed interactive wagering service account within a session; (c) wagering at unusual hours; (d) failed or declined deposits into a licensed interactive wagering service account; (e) removal or relaxation of gambling minimisation measures; (f) any other indicators determined in an instrument made under subsection (3).

(3) The Minister may, by legislative instrument, determine indicators for the purposes of paragraph (2)(f). Separate contravention (4) A licensed interactive wagering service provider who contravenes subsection (1) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).

Exception (5) Subsection (1) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention. (6) Amendment (13), after item 12C, insert: 12D Application provision — designated customers (1) Section 62ZN applies in relation to an individual if the individual is covered by subsection (2), (3) or (4) of that section on or after a day specified in an instrument made under subitem (2).

(2) The Minister may, by notifiable instrument, specify a day for the purposes of subitem (1). (3) A day specified in a notifiable instrument made under subitem (2) must be after the commencement day. 12E Application provision — ongoing harm minimisation monitoring (1) Section 62ZSA applies in relation to an individual who uses a licensed interactive wagering service on or after a day specified in an instrument made under subitem (2).

(2) The Minister may, by notifiable instrument, specify a day for the purposes of subitem (1). (3) A day specified in a notifiable instrument made under subitem (2) must be after the commencement day. _____ SHEET TK116 (1) Page 93 (before line 1), before Schedule 5, insert: Schedule 4B — Wagering Advertising Opt-out Register Part 1 — Main amendments Interactive Gambling Act 2001 1 After Part 7D Insert: Part 7E — Wagering Advertising Opt-out Register Division 1 — Introduction 62ZZA Simplified outline of this Part ‚ This Part establishes the Wagering Advertising Opt-out Register.

An individual can choose to be on the Wagering Advertising Opt-out Register. If the individual does so, an online content service provider that is implementing the triple lock system set out in subsection 62P(2) must not provide wagering advertising content to the individual on an online content service. This choice is in addition to the requirement for online content service providers that are implementing the triple lock system to have their own opt-out system, as set out in subsection 62P(2).

Under the triple lock system, an individual can elect, in relation to a particular online content service, not to receive wagering advertising content on that service. An online content service provider that provides, on an online content service, wagering advertising content to an individual who is on the Wagering Advertising Opt-out Register contravenes the civil penalty provision in subsection 62Q(1).

The costs of administering the Wagering Advertising Opt-out Register are recovered through a levy imposed under the Interactive Gambling (Cost Recovery Levy) Act 2026. Part 7F of this Act deals with collection of the levy. 62ZZB Definitions In this Part: gambling-related lobbying has the meaning given by section 61GB. Opt-out Register operator has the meaning given by subsection 62ZZD(9).

Opt-out Register proclaimed start day has the meaning given by section 62ZZC. Opt-out Register protected information has the meaning given by section 62ZZN. Opt-out Register rules means rules made under section 62ZZX. 62ZZC Opt-out Register proclaimed start day (1) For the purposes of this Part, Opt-out Register proclaimed start day means the day fixed by Proclamation for the purposes of this subsection.

Note: The proclaimed start day is the first day on which an individual can apply to be registered in the Wagering Advertising Opt-out Register: see subsection 62ZZE(4). (2) A Proclamation under subsection (1) is taken to be a commencement instrument for the purposes of the Legislation Act 2003. Division 2 — Wagering Advertising Opt-out Register 62ZZD Wagering Advertising Opt-out Register (1) The ACMA must keep, or arrange for a body corporate to keep on behalf of the ACMA, a register to be known as the Wagering Advertising Opt-out Register.

Note 1: An online content service provider that provides, on an online content service, wagering advertising content to an individual who is registered on the Wagering Advertising Opt-out Register contravenes a civil penalty provision: see subsection 62Q(1). Note 2: An online content service provider must display prominently, on the online content service, information about the Wagering Advertising Opt-out Register: see section 62S.

(2) The register may also be known by a name specified in the Opt-out Register rules. (3) The register is to be kept in electronic form. (4) The register is not a legislative instrument.

Payments to the Opt-out Register operator (5) An arrangement under subsection (1) may provide for the ACMA, on behalf of the Commonwealth, to make payments to the Opt-out Register operator. Opt-out Register operator must not provide a gambling service or undertake gambling-related lobbying etc. (6) The ACMA must not make an arrangement under subsection (1) with a body corporate that: (a) provides a gambling service; or (b) is a member of the same related company group as a body corporate that provides a gambling service; or (c) holds an ownership interest in a body corporate that provides a gambling service; or (d) undertakes gambling-related lobbying; or (e) is a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or (f) holds an ownership interest in a body corporate that undertakes gambling-related lobbying.

(7) The ACMA must ensure that an arrangement under subsection (1) is subject to a condition that the Opt-out Register operator must not: (a) provide a gambling service; or (b) be a member of the same related company group as a body corporate that provides a gambling service; or (c) hold an ownership interest in a body corporate that provides a gambling service; or (d) undertake gambling-related lobbying; or (e) be a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or (f) hold an ownership interest in a body corporate that undertakes gambling-related lobbying.

(8) The Minister may, by notifiable instrument, substitute a Department, agency or authority of the Commonwealth for the ACMA for the purposes of this section. (9) The person or body that operates the Wagering Advertising Opt-out Register is the Opt-out Register operator. Division 3 — Registration on the Wagering Advertising Opt-out Register 62ZZE Application for registration (1) An individual may apply to the Opt-out Register operator to be registered on the Wagering Advertising Opt-out Register.

Note: The effect of being registered on the Register is that an online content service provider must not provide, on an online content service, wagering advertising content to the individual: see subsection 62Q(1). (2) An application under subsection (1) must be made in a manner prescribed by the Opt-out Register rules. (3) An application under subsection (1) must: (a) include a statement to the effect that the applicant is ordinarily resident in Australia; and (b) include such information relating to the applicant as is prescribed by the Opt-out Register rules.

Proclaimed start day (4) An individual is not entitled to make an application under subsection (1) before the Opt-out Register proclaimed start day. 62ZZF Registration (1) After receiving an application under section 62ZZE from an individual, the Opt-out Register operator must: (a) register the relevant individual by making an entry for the individual in the Wagering Advertising Opt-out Register; and (b) do so within the period determined in accordance with the Opt-out Register rules.

(2) The entry must include: (a) the relevant individual's contact details as prescribed by the Opt-out Register rules; and (b) any other information prescribed by the Opt-out Register rules. (3) A registration of an individual remains in force unless the individual is deregistered under section 62ZZI or 62ZZJ. 62ZZG Variation of the Wagering Advertising Opt-out Register The Opt-out Register rules may authorise the Opt-out Register operator to vary entries in the Wagering Advertising Opt-out Register. 62ZZH Application for deregistration (1) An individual who is registered on the Wagering Advertising Opt-out Register may apply to the Opt-out Register operator to remove the individual's entry from that Register.

(2) An application under subsection (1) must: (a) be in writing; and (b) include such information (if any) as is prescribed by the Opt-out Register rules. 62ZZI Deregistration (1) The Opt-out Register operator must remove an individual's entry from the Wagering Advertising Opt-out Register if the individual makes an application under section 62ZZH. (2) The Opt-out Register operator must remove the individual's entry from the Wagering Advertising Opt-out Register as soon as practicable. 62ZZJ Deregistration — other grounds (1) The Opt-out Register operator must remove a registered individual's entry from the Wagering Advertising Opt-out Register if the Opt-out Register operator is aware that: (a) the individual is not ordinarily resident in Australia; or (b) the individual has died.

(2) For the purposes of this section, an individual is not ordinarily resident in Australia unless the individual: (a) is a permanent resident within the meaning of the Australian Citizenship Act 2007; or (b) has resided in Australia for 200 or more days in at least 3 of the past 5 calendar years. 62ZZK Re-registration If an individual's entry is removed from the Wagering Advertising Opt-out Register, this Act does not prevent the Opt-out Register operator from subsequently re-registering the individual under subsection 62ZZF(1). 62ZZL Correction of the Wagering Advertising Opt-out Register (1) The Opt-out Register operator may correct entries in the Wagering Advertising Opt-out Register.

(2) The ACMA may give written directions to the Opt-out Register operator relating to the exercise of its powers under subsection (1). (3) The Opt-out Register operator must comply with a direction under subsection (2). (4) The Opt-out Register rules may require the Opt-out Register operator to correct entries in the Wagering Advertising Opt-out Register in the circumstances prescribed by the Opt-out Register rules.

(5) The Opt-out Register operator must remove an entry from the Wagering Advertising Opt-out Register if the entry was made in error. (6) The Opt-out Register rules may require the Opt-out Register operator to remove entries from the Wagering Advertising Opt-out Register in the circumstances prescribed by the Opt-out Register rules. (7) This section does not, by implication, limit: (a) section 62ZZG (variation of the Wagering Advertising Opt-out Register—other matters); or (b) Australian Privacy Principle 13; or (c) Part V of the Freedom of Information Act 1982. 62ZZM Opt-out Register rules may make further provision in relation to the Wagering Advertising Opt-out Register The Opt-out Register rules may make further provision in relation to the Wagering Advertising Opt-out Register.

Division 4 — Disclosure of Opt-out Register protected information 62ZZN Opt-out Register protected information For the purposes of this Part, Opt-out Registerprotected information means: (a) information about whether an individual is or was registered on the Wagering Advertising Opt-out Register; or (b) any other information that is or was included in an entry in the Wagering Advertising Opt-out Register; or (c) information about, or included in, an application made by an individual under Division 3 or the Opt-out Register rules. 62ZZO Access to the Wagering Advertising Opt-out Register protected information by an online content service provider (1) An online content service provider may request the Opt-out Register operator to inform the provider whether the contact details, prescribed for the purposes of paragraph 62ZZF(2)(a), of one or more specified individuals are registered on that Register as at the time when the request is made.

(2) A request under subsection (1) must include, for each individual covered by the request: (a) the contact details of the individual; and (b) such other information as is prescribed by the Opt-out Register rules. (3) The Opt-out Register operator must: (a) comply with a request under subsection (1); and (b) do so within the period determined in accordance with the Opt-out Register rules.

(4) The Opt-out Register rules may make provision for and in relation to either or both of the following: (a) the manner in which a request under subsection (1) is to be made, which must involve the use of an internet carriage service; (b) the manner in which the Opt-out Register operator is to comply with a request under subsection (1). Connectivity obligations of online content service provider (5) An online content service provider must take all reasonable steps to ensure that the provider: (a) has a computer system; and (b) is continuously supplied with an internet carriage service; that (when considered together) enable the provider to obtain information at any time about whether an individual's contact details are registered on the Wagering Advertising Opt-out Register. 62ZZP Confirmation of contact details by individuals An individual may confirm with the Opt-out Register operator whether the individual's contact details are registered on the Wagering Advertising Opt-out Register. 62ZZQ Disclosure of de-identified Opt-out Register protected information to Ministers The Opt-out Register operator may disclose de-identified Opt-out Register protected information to: (a) the Minister; or (b) the Secretary of the Department; or (c) an APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this section. 62ZZR Disclosure of Opt-out Register protected information for purposes of enforcement An ACMA official may disclose Opt-out Register protected information for the purposes of the performance of functions, or the exercise of powers, by the ACMA under Part 7C or this Part.

Division 5 — Miscellaneous 62ZZS Computerised decision-making (1) The Opt-out Register operator may arrange for the use, under that operator's control, of computer programs for any purposes for which the operator may, or must, under this Part or the Opt-out Register rules: (a) make a decision; or (b) exercise any power or comply with any obligation; or (c) do anything else related to making a decision, exercising a power or complying with an obligation.

(2) For the purposes of this Part and the Opt-out Register rules, the Opt-out Register operator is taken to have: (a) made a decision; or (b) exercised a power or complied with an obligation; or (c) done something else related to the making of a decision, the exercise of a power or the compliance with an obligation; that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

(3) The Opt-out Register operator may substitute a decision for a decision (the initial decision) made by the operation of a computer program under an arrangement under subsection (1) if the Opt-out Register operator is satisfied that the initial decision is incorrect. 62ZZT Dealing with complaints (1) The Opt-out Register rules may prescribe procedures that must be followed by the Opt-out Register operator in order to deal with complaints about the administration or operation of the Wagering Advertising Opt-out Register.

(2) If: (a) a person has reason to believe that another person has contravened a provision of: (i) this Part; or (ii) the Opt-out Register rules; and (b) the person makes a complaint to the Opt-out Register operator about the matter; the Opt-out Register operator must refer the complaint to the ACMA. 62ZZU Application of the Privacy Act 1988 to the Opt-out Register operator For the purposes of the Privacy Act 1988, if the Wagering Advertising Opt-out Register is kept by the Opt-out Register operator under a particular contract, each of the following: (a) the keeping of the Wagering Advertising Opt-out Register by the Opt-out Register operator; (b) the operation of the Wagering Advertising Opt-out Register by the Opt-out Register operator; (c) the performance of a function, or the exercise of a power, by the Opt-out Register operator under: (i) this Part; or (ii) the Opt-out Register rules; is taken to be the provision of a service to the ACMA under the contract. 62ZZV Application of the Freedom of Information Act 1982 to the Opt-out Register operator For the purposes of the Freedom of Information Act 1982, if the Wagering Advertising Opt-out Register is kept by the Opt-out Register operator under a particular contract, then: (a) the contract is taken to be a Commonwealth contract; and (b) each of the following is taken to be the provision of a service under the contract in connection with the performance of the functions or the exercise of the powers of the ACMA: (i) the keeping or operation of that Register by the Opt-out Register operator; (ii) the performance of a function, or the exercise of a power, by the Opt-out Register operator under this Part or the Opt-out Register rules. 62ZZW Implied freedom of political communication (1) This Part does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

(2) Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act. 62ZZX Opt-out Register rules (1) The ACMA may, by legislative instrument, make rules (Opt-out Register rules) prescribing matters required or permitted by this Part to be prescribed by the Opt-out Register rules. (2) The Opt-out Register rules may make provision for or in relation to a matter by empowering the Opt-out Register operator to make decisions of an administrative character.

(3) Before making Opt-out Register rules, the ACMA must consult the Minister. Part 7F — Collection of cost recovery levy 62ZZY Definitions In this Act: cost recovery late payment penalty has the meaning given by subsection 62ZZZA(2). cost recovery levy means levy imposed by the Interactive Gambling (Cost Recovery Levy) Act 2026. 62ZZZ When cost recovery levy is due and payable Cost recovery levy is due and payable at the time determined in accordance with the regulations. 62ZZZA Cost recovery late payment penalty (1) If an amount of cost recovery levy payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount calculated at the rate of: (a) 20% per annum; or (b) if the regulations specify a lower percentage—that lower percentage per annum; on the amount unpaid, calculated from the start of the day after that time occurred until the end of the day before the day when the amount of levy is paid in full.

(2) Penalty payable under subsection (1) is to be known as cost recovery late payment penalty. Remission of cost recovery late payment penalty (3) The ACMA may remit the whole or a part of an amount of cost recovery late payment penalty. Review of decisions (4) Applications may be made to the Administrative Review Tribunal for review of a decision of the ACMA to refuse to remit the whole or a part of an amount under subsection (3). 62ZZZB Recovery of cost recovery levy and late payment penalty Cost recovery levy, or cost recovery late payment penalty: (a) is a debt due to the ACMA on behalf of the Commonwealth; and (b) may be recovered by the ACMA, on behalf of the Commonwealth, in: (i) the Federal Court; or (ii) the Federal Circuit and Family Court of Australia (Division 2); or (iii) a court of a State or Territory that has jurisdiction in relation to the matter. 62ZZZC Refund of overpayment of cost recovery levy and late payment penalty If there is an overpayment of: (a) cost recovery levy; or (b) cost recovery late payment penalty; the overpayment is to be refunded by the ACMA on behalf of the Commonwealth.

Part 2 — Consequential amendments Interactive Gambling Act 2001 2 Section 3 (at the end of the first dot point) Add: ‚ ; (i) wagering advertising content must not be provided by an online service content provider to an individual who is registered on the Wagering Advertising Opt-out Register. 3 Section 4 Insert: cost recovery late payment penalty has the meaning given by section 62ZZY. cost recovery levy has the meaning given by section 62ZZY.

Opt-out Register rules has the meaning given by section 62ZZX. provider opt-out mechanism has the meaning given by paragraph 62S(1)(a). Wagering Advertising Opt-out Register means the register kept under section 62ZZD. 4 After paragraph 16(e) Insert: (g) Part 7E; 5 After subparagraph 21(1)(a)(v) Insert: or (vii) Part 7E; 6 Subparagraph 22A(1)(a)(i) Omit "Part 2, 2A, 2C, 7A or 7C", substitute "Part 2, 2A, 2C, 7A, or any of Parts 7C to 7F". 7 Paragraph 22A(2)(o) Omit "Part 2, 2A, 2C, 7A or 7C", substitute "Part 2, 2A, 2C, 7A, or any of Parts 7C to 7F". 8 At the end of paragraph 62H(d) Add ", whether through the provider opt-out mechanism or the Wagering Advertising Opt-out Register". 9 At the end of subsection 62P(3) Add: ; and (d) confirming, at least every 14 days, or any other period prescribed by the Opt-out Register rules, that the Wagering Advertising Opt-out Register does not contain the contact details of any person to or by whom wagering advertising content would otherwise be delivered, or accessed, on the online content service provided by the online content service provider. 10 Paragraph 62S(1)(a) Omit "effective and easily accessible means", substitute "effective, prominent and easily accessible means (the provider opt-out mechanism)". 11 Paragraph 62S(1)(b) Repeal the paragraph, substitute: (b) display, in a way that is prominent to individuals using the service, information on the online content service about: (i) the provider opt-out mechanism; and (ii) after the Opt-out Register proclaimed start day—the Wagering Advertising Opt-out Register.

The coalition approaches gambling reform from a clear set of principles. We believe in personal choice and personal responsibility. Millions of Australians have an occasional punt without gambling harm, and government must respect their choices.

But we also believe there must be strong protections for children and vulnerable Australians, as well as tough action to prevent predatory conduct. Seriously addressing gambling harm is an issue of strong conviction for many Australians. There is a middle ground, and that is what these amendments seek to deliver.

The government's legislation, as it stood, was riddled with deficiencies. Labor opposed a Senate inquiry. The inquiry proved exactly why scrutiny matters.

It exposed the weaknesses with Labor's legislation, issues which the coalition have been clear and consistent about, on predatory inducements, on ads being served to children, on sport online and on advertising of illegal gambling. The government hoped that the public wouldn't notice, but the coalition is not here to carve. The bill is far from perfect, and gambling is taking a terrible toll on many Australian families.

The coalition is pleased the government has accepted substantial repairs to its legislation. These amendments ensure stronger protection against the direct marketing of inducements to vulnerable Australians. There is an obvious distinction between an adult choosing to place a bet and adult being actively pursued by someone who knows they are vulnerable to keep them gambling.

These amendments are targeted protections directed at foreseeable harm. The amendments ensure stronger protections for children. Unbelievably, Labor's original bill left open the prospect of gambling advertisements continuing to be shown during programming watched by children.

The amendments stop that happening. The amendments strengthen protections around live sport broadcasts online. Sport time is family time, and it made no sense for a family watching the same game to receive weaker protections simply because they streamed it through an app rather than watching it on broadcast television.

The amendments ensure that illegal and unlicensed gambling, which is increasingly promoted to Australians through social media, is strongly addressed by imposing strict prohibitions on publishers. If a gambling service is not lawful, digital platforms must not be promoting advertisements for it. These significant commonsense amendments will help protect vulnerable consumers from foreseeable gambling harm while preserving a lawful industry and pastime for many Australians.

I commend them to the House. The SPEAKER: The member for Warringah on a point of order? Ms Steggall: I am only seeking to raise a procedural concern, Mr Speaker.

These amendments weren't circulated, and one copy has been able to be provided. So we have no capacity. They haven't been read onto the record and they've not been circulated.

The SPEAKER: I understand they are available. Ms Steggall: Just now. They have only just been made available.

They were not circulated prior to being tabled. I've been able to obtain one copy. The SPEAKER: I understand they have been available here during this debate, and it was the same for the government amendments as well.

I'm unaware of the process for— Ms Steggall: They're to be read and explained if they're not circulated in advance. The SPEAKER: Yes. They are available here at the table, as is required under the standing orders.

I understand they may not have been circulated before, but they were available here during the debate. Ms Steggall: They have to be explained in full during the debate. The suggestion that a substantial number of amendments can be tabled and given first opportunity to see them now with a five-minute speech without any reading into the record as to the detail of these amendments is procedurally incredibly unfair.

We have no visibility on what the effect of these amendments are and, after five minutes of speech, we are being asked to vote on them. The SPEAKER: I understand that the shadow minister has detailed her explanation for the amendments that she is moving in her name on behalf of the opposition. The minister has done the same.

So I'll put the question that the amendments moved by the opposition be agreed to.

SourceHouse of Representatives, Tuesday 18 August 2026 — official recordTA-260818-house-3c50651fdca4:s009

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