Interactive Gambling Amendment (Gambling Reform) Bill 2026
Ms CHANEY (Curtin) (16:17): I move: SHEET 1 (1) Clause 4, page 2 (line 21), after "Part 7C", insert "or 7D". (2) Schedule 1, item 1, page 4 (lines 5 to 8), omit the item, substitute: 1 Section 3 (after paragraph (f)) Insert: ‚ ; (g) licensed interactive wagering services must not be advertised. 1A Section 3 (note) Omit "Note", substitute "Note 1". 1B At the end of section 3 Add: Note 2: Some of the prohibitions mentioned in paragraph (g) begin on 1 January 2027 (see Part 7C), and the remainder are phased-in over a period of 3 years starting on that date (see Part 7D).
(3) Schedule 1, item 10, page 8 (after line 7), after paragraph 16(e), insert: (f) Part 7D; (4) Schedule 1, item 12, page 8 (after line 12), after subparagraph 21(1)(a)(v), insert: (vi) Part 7D; (5) Schedule 1, item 14, page 8 (line 22), omit "or 7C", substitute ", 7C or 7D". (6) Schedule 1, item 14, page 9 (line 24), omit "or 7C", substitute ", 7C or 7D". (7) Schedule 1, item 18, page 12 (lines 1 and 2), omit the heading to Part 7C, substitute: Part 7C — Initial prohibitions on advertising etc. licensed interactive wagering services (8) Schedule 1, item 18, page 51 (after line 24), after Part 7C, insert: Part 7D — Expanded prohibitions on advertising etc. licensed interactive wagering services Note: See Division 8 for the phased implementation of this Part.
Division 1 — Preliminary 62ZK Relationship between this Part and Part 7C To avoid doubt: (a) this Part applies in addition to Part 7C; and (b) this Part does not limit, and is not limited by, Part 7C. Division 2 — Interpretation: definitions 62ZKA Definitions Note: A number of expressions used in this Part are defined in section 4, including the following: (a) broadcasting service; (b) datacasting service; (c) online content service.
In this Part: broadcast means transmit by means of a broadcasting service. datacast means transmit by means of a datacasting service. display includes continue to display. exempt library means: (a) a public library; or (b) a library of a tertiary educational institution; or (c) a library of an authority of the Commonwealth or of a State or Territory. government or political matters means government or political matters relating to any level of government in Australia, and includes any of the following matters: (a) participation in, association with and communications in relation to any election or appointment to public office; (b) political views or public conduct relating to activities that have become the subject of political debate; (c) the performance, conduct, capacity or fitness for office of a person elected or appointed to, or seeking election or appointment to, any public office; (d) the actions or policies, or proposed actions or policies, of any government in Australia or any Australian political party. licensed interactive wagering service means a regulated interactive gambling service that: (a) is a wagering service (see section 4); and (b) has an Australian-customer link (see section 8); and (c) is not provided in contravention of subsection 15AA(3). licensed interactive wagering service advertisement has the meaning given by Division 3. licensed interactive wagering service provider means a person who provides a licensed interactive wagering service. periodical means an issue (however described) of a newspaper, magazine, journal, newsletter, or other similar publication, issues of which are published at regular or irregular intervals. program has the same meaning as in the Broadcasting Services Act 1992. public place means a place, or a part of a place, to which the public, or a section of the public, ordinarily has access, whether or not by payment or by invitation (including, for example, a shop, restaurant, hotel, cinema or club). publishes, in relation to a licensed interactive wagering service advertisement, has the meaning given by Division 4. section of the public includes: (a) the members of a particular club, society or organisation; and (b) a group consisting only of persons with a common workplace or a common employer. workplace means premises in which employees or contractors work, other than any part of such premises that is primarily used as a private dwelling.
Division 3 — Interpretation: licensed interactive wagering service advertisement 62ZKB Basic meaning of licensed interactive wagering service advertisement (1) For the purposes of this Part, a licensed interactive wagering service advertisement is any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote: (a) a licensed interactive wagering service; or (b) licensed interactive wagering services in general; or (c) the whole or part of a trade mark in respect of a licensed interactive wagering service; or (d) a domain name or URL that relates to a licensed interactive wagering service; or (e) any words that are closely associated with a licensed interactive wagering service (whether also closely associated with other kinds of services or products).
(2) This section has effect subject to sections 62ZKC, 62ZKD, 62ZKE, 62ZKF, 62ZKG, 62ZKH and 62ZKI. 62ZKC Exception — political communication (1) To avoid doubt, if: (a) something (the advertisement) does not promote, and is not intended to promote, any particular licensed interactive wagering service or services; and (b) the advertisement relates solely to government or political matters; the advertisement is not a licensed interactive wagering service advertisement for the purposes of this Part.
(2) Without limiting paragraph (1)(a), the use in an advertisement of the whole name of a licensed interactive wagering service provider does not, of itself, constitute promotion of a licensed interactive wagering service or licensed interactive wagering services for the purposes of paragraph (1)(a). (3) Subsection (2) does not apply in relation to the use of a name referred to in that subsection in a way prohibited by regulations made for the purposes of this subsection.
(4) Section 62ZKB does not apply to the extent (if any) that it would infringe any doctrine of implied freedom of political communication. 62ZKD Exception — websites etc. and business documents Words, signs or symbols that appear: (a) on the website of a licensed interactive wagering service that is provided to customers using an internet carriage service, or on or at an equivalent point of provision of any other licensed interactive wagering service; or (b) as part of the standard wording of an invoice, statement, order form, letterhead, business card, cheque, manual, or other document ordinarily used in the normal course of the business of a licensed interactive wagering service provider (whether or not the document is in electronic form); do not, when so appearing, constitute a licensed interactive wagering service advertisement (but this does not prevent a still or moving screen shot of a website or equivalent point of provision referred to in paragraph (a), or a still or moving picture or other visual image of a document referred to in paragraph (b), from being a licensed interactive wagering service advertisement). 62ZKE Exception — premises of providers Words, signs or symbols that appear in or on land or buildings occupied by a licensed interactive wagering service provider do not, when so appearing, constitute a licensed interactive wagering service advertisement (but this does not prevent a still or moving picture, or other visual image, of words, signs or symbols that so appear from being a licensed interactive wagering service advertisement). 62ZKF Exception — management advertisements etc.
To avoid doubt, none of the following constitutes a licensed interactive wagering service advertisement: (a) the doing of anything that is, or apart from this Part would be, required to be done by any other law of the Commonwealth or by any law of a State or Territory; (b) an advertisement (for example, an advertisement for staff or calling for tenders), relating to the internal management of the business of a licensed interactive wagering service provider, that does not promote a licensed interactive wagering service; (c) the taking of any action to prevent persons becoming victims of fraud or any other dishonest or unethical conduct. 62ZKG Exception — products or services having the same name as a licensed interactive wagering service (1) If: (a) apart from this section, something (the advertisement) that relates to a product, or a service, that is not a licensed interactive wagering service would, technically, be a licensed interactive wagering service advertisement because the name, or part of the name, of the product or service is the same as, or substantially similar to, the name, or part of the name, of: (i) a licensed interactive wagering service; or (ii) a licensed interactive wagering service provider; and (b) the manufacturer, distributor or retailer of the product, or the provider of the service, is not associated in any way with the licensed interactive wagering service provider concerned; then, despite section 62ZKB, the advertisement is not a licensed interactive wagering service advertisement for the purposes of this Part.
Related bodies corporate taken to be associated with each other (2) Without limiting the circumstances in which 2 persons would, apart from this subsection, be taken to be associated with each other for the purposes of subsection (1), 2 bodies corporate that are related to each other are taken to be associated with each other for the purposes of that subsection.
(3) For the purposes of subsection (2), the question whether 2 bodies corporate are related to each other is to be determined in the same way as the question would be determined under the Corporations Act 2001. 62ZKH Exception — anti-gambling advertisements If: (a) apart from this section, something (the advertisement) would, technically, be a licensed interactive wagering service advertisement; and (b) it is clear from the advertisement that its sole or principal purpose is to discourage the use of gambling services or particular kinds of gambling services or to reduce harm caused by gambling services or particular kinds of gambling services; then, despite section 62ZKB, the advertisement is not a licensed interactive wagering service advertisement for the purposes of this Part. 62ZKI Exception — advertisements of a kind specified in the regulations The regulations may provide that an advertisement of a kind specified in the regulations is not a licensed interactive wagering service advertisement for the purposes of this Part. 62ZKJ Meaning of words In this Division: words includes abbreviations, initials and numbers.
Division 4 — Interpretation: publication of licensed interactive wagering service advertisements 62ZKL Basic meaning of publishes a licensed interactive wagering service advertisement (1) For the purposes of this Part, a person publishes a licensed interactive wagering service advertisement if the person does any of the following things: (a) the person includes the advertisement, or something that contains the advertisement, on a website; (b) the person includes the advertisement in a document (including, for example, a newspaper, magazine, program, leaflet or ticket) that is available, or distributed, to the public or a section of the public; (c) the person includes the advertisement in a film, video, television program or radio program that is, or is intended to be, seen or heard by the public or a section of the public; (d) the person: (i) sells, hires or supplies the advertisement, or something containing the advertisement, to the public or a section of the public; or (ii) offers the advertisement, or something containing the advertisement, for sale or supply to, or hire by, the public or a section of the public; (e) the person displays, screens or plays the advertisement, or something that contains the advertisement, so that it can be seen or heard in or from: (i) a public place; or (ii) public transport; or (iii) a workplace; (f) the person otherwise: (i) brings the advertisement, or something that contains the advertisement, to the notice of; or (ii) disseminates the advertisement, or something that contains the advertisement, to; the public, or a section of the public, by any means (including, for example, by means of a film, video, computer disk or electronic medium).
(2) This section has effect subject to sections 62ZKM, 62ZKN, 62ZKO, 62ZKP and 62ZKQ. 62ZKM Publish does not include broadcast or datacast For the purposes of this Part, the broadcasting or datacasting of a licensed interactive wagering service advertisement by a person does not amount to the publication of the advertisement by the person. 62ZKN Exception — trade communications For the purposes of this Part, the communication of information that is or includes a licensed interactive wagering service advertisement to a group of people all of whom are involved in the provision of licensed interactive wagering services, does not, of itself, amount to a publication of the licensed interactive wagering service advertisement. 62ZKO Exception — advertisements in telephone directories (1) For the purposes of this Part, the publication of the name of a licensed interactive wagering service provider in a telephone directory does not, of itself, amount to the publication of a licensed interactive wagering service advertisement.
(2) Subsection (1) does not apply if: (a) the publication is on the internet; and (b) the entry for the provider contains a link to a website for the provider that relates to a licensed interactive wagering service. 62ZKP Exception — ordinary activities of exempt libraries Nothing that a person does for the purposes of the ordinary activities of an exempt library amounts, for the purposes of this Part, to a publication of a licensed interactive wagering service advertisement. 62ZKQ Exception — acknowledgements of assistance or support For the purposes of this Part, the publication of an acknowledgement of assistance or support does not amount to the publication of a licensed interactive wagering service advertisement if it complies with regulations made for the purposes of this section that permit the publication of such acknowledgements.
Division 5 — Broadcasting or datacasting of licensed interactive wagering service advertisements in Australia 62ZKR Licensed interactive wagering service advertisements not to be broadcast or datacast in Australia (1) A person commits an offence if: (a) the person broadcasts or datacasts a licensed interactive wagering service advertisement in Australia; and (b) the broadcast or datacast is not permitted by section 62ZKS; and (c) the broadcast or datacast is not permitted by section 62ZKT; and (d) the broadcast or datacast is not permitted by section 62ZKU; and (e) the broadcast or datacast is not permitted by section 62ZKV.
Penalty: 120 penalty units. (2) A person must not broadcast or datacast a licensed interactive wagering service advertisement in Australia if: (a) the broadcast or datacast is not permitted by section 62ZKS; and (b) the broadcast or datacast is not permitted by section 62ZKT; and (c) the broadcast or datacast is not permitted by section 62ZKU; and (d) the broadcast or datacast is not permitted by section 62ZKV.
Civil penalty: 180 penalty units. (3) A person commits an offence if: (a) the person authorises or causes a licensed interactive wagering service advertisement to be broadcast or datacast in Australia; and (b) the broadcast or datacast is not permitted by section 62ZKS; and (c) the broadcast or datacast is not permitted by section 62ZKT; and (d) the broadcast or datacast is not permitted by section 62ZKU; and (e) the broadcast or datacast is not permitted by section 62ZKV.
Penalty: 120 penalty units. (4) A person must not authorise or cause a licensed interactive wagering service advertisement to be broadcast or datacast in Australia if: (a) the broadcast or datacast is not permitted by section 62ZKS; and (b) the broadcast or datacast is not permitted by section 62ZKT; and (c) the broadcast or datacast is not permitted by section 62ZKU; and (d) the broadcast or datacast is not permitted by section 62ZKV.
Civil penalty for contravention of this subsection: 180 penalty units. 62ZKS Accidental or incidental broadcast or datacast permitted (1) A person may broadcast or datacast a licensed interactive wagering service advertisement if: (a) the person broadcasts or datacasts the advertisement as an accidental or incidental accompaniment to the broadcasting or datacasting of other matter; and (b) the person does not receive any direct or indirect benefit (whether financial or not) for broadcasting or datacasting the advertisement (in addition to any direct or indirect benefit that the person receives for broadcasting or datacasting the other matter).
(2) Subsection (1) only has effect for the purposes of this Part. 62ZKT Broadcast or datacast of advertisements during flights of aircraft (1) A person may broadcast or datacast a licensed interactive wagering service advertisement in an aircraft during a flight of the aircraft unless the flight begins at a place in Australia and is intended to end at another place in Australia.
(2) For the purposes of subsection (1), each sector of a flight of an aircraft is taken to be a separate flight. (3) Subsection (1) only has effect for the purposes of this Part. 62ZKU Broadcast or datacast of advertisements on dedicated racing channels A person may broadcast or datacast a licensed interactive wagering service advertisement if the sole or dominant purpose of the relevant broadcasting or datacasting service is to provide an excluded wagering service within the meaning of subsection 8A(1).
Note: Such services relate to horse racing, harness racing and greyhound racing. 62ZKV Broadcast or datacast of advertisements on small community radio services In the 2 year period beginning when this Part commences, a person may broadcast or datacast a licensed interactive wagering service advertisement if the relevant broadcasting or datacasting service is a small community radio service.
Division 6 — Publication of licensed interactive wagering service advertisements in Australia 62ZKW Licensed interactive wagering service advertisements not to be published in Australia (1) A person commits an offence if: (a) the person publishes a licensed interactive wagering service advertisement in Australia; and (b) the publication is not permitted by section 62ZKX; and (c) the publication is not permitted by section 62ZKY; and (d) the publication is not permitted by section 62ZKZ; and (e) the publication is not permitted by section 62ZL.
Penalty: 120 penalty units. (2) A person must not publish a licensed interactive wagering service advertisement in Australia if: (a) the publication is not permitted by section 62ZKX; and (b) the publication is not permitted by section 62ZKY; and (c) the publication is not permitted by section 62ZKZ; and (d) the publication is not permitted by section 62ZL. Civil penalty: 180 penalty units.
(3) A person commits an offence if: (a) the person authorises or causes a licensed interactive wagering service advertisement to be published in Australia; and (b) the publication is not permitted by section 62ZKX; and (c) the publication is not permitted by section 62ZKY; and (d) the publication is not permitted by section 62ZKZ; and (e) the publication is not permitted by section 62ZL.
Penalty: 120 penalty units. (4) A person must not authorise or cause a licensed interactive wagering service advertisement to be published in Australia if: (a) the publication is not permitted by section 62ZKX; and (b) the publication is not permitted by section 62ZKY; and (c) the publication is not permitted by section 62ZKZ; and (d) the publication is not permitted by section 62ZL.
Civil penalty: 180 penalty units. (5) For the purposes of this section, a licensed interactive wagering service advertisement that is included on a website is taken to be published in Australia if, and only if: (a) the website is accessed, or is available for access, by end-users in Australia; and (b) having regard to: (i) the content of the website; and (ii) the way the website is advertised or promoted; it would be concluded that it is likely that a majority of persons who access the website are physically present in Australia. 62ZKX Periodicals distributed outside Australia — acts of publication permitted (1) A person may do, with a periodical that contains a licensed interactive wagering service advertisement, something that amounts to publishing the advertisement if the periodical is not principally intended for distribution or use in Australia.
(2) Subsection (1) only has effect for the purposes of this Part. 62ZKY Accidental or incidental publication permitted (1) A person may publish a licensed interactive wagering service advertisement if: (a) the person publishes the advertisement as an accidental or incidental accompaniment to the publication of other matter; and (b) the person does not receive any direct or indirect benefit (whether financial or not) for publishing the advertisement (in addition to any direct or indirect benefit that the person receives for publishing the other matter).
(2) Subsection (1) only has effect for the purposes of this Part. 62ZKZ Publication by person not receiving any benefit permitted (1) A person may publish a licensed interactive wagering service advertisement if: (a) the publication is not in the course of the provision of licensed interactive wagering services; and (b) the person publishes the advertisement on the person's own initiative; and (c) the person does not receive any direct or indirect benefit (whether financial or not) for publishing the advertisement.
(2) Subsection (1) only has effect for the purposes of this Part. 62ZL Publication of advertisements during flights of aircraft (1) A person may publish a licensed interactive wagering service advertisement in an aircraft during a flight of the aircraft unless the flight begins at a place in Australia and is intended to end at another place in Australia. (2) For the purposes of subsection (1), each sector of a flight of an aircraft is taken to be a separate flight.
(3) Subsection (1) only has effect for the purposes of this Part. Division 7 — Miscellaneous 62ZLA Recommendations relating to compensation (1) The ACMA may make recommendations to the Minister in relation to compensation payable by the Commonwealth in respect of economic losses caused by the operation of this Part. (2) The Minister is not bound to follow any advice given under subsection (1). 62ZLB Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened Civil proceedings do not lie against a person for refusing or failing to broadcast, datacast or publish a licensed interactive wagering service advertisement if the broadcast, datacast or publication is prohibited by this Part. 62ZLC Additional conditions for licences under the Broadcasting Services Act 1992 Commercial television broadcasting licence (1) Each commercial television broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast a licensed interactive wagering service advertisement.
Commercial radio broadcasting licence (2) Each commercial radio broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast a licensed interactive wagering service advertisement. Community broadcasting licence (3) Each community broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast a licensed interactive wagering service advertisement.
Subscription television broadcasting licence (4) Each subscription television broadcasting licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast a licensed interactive wagering service advertisement. Provision of a broadcasting service under a class licence (5) The provision by a person of a broadcasting service under a class licence is subject to the condition that the licensee will not, in contravention of this Part, broadcast a licensed interactive wagering service advertisement.
Datacasting licence (6) Each datacasting licence is subject to the condition that the licensee will not, in contravention of this Part, datacast a licensed interactive wagering service advertisement. Definitions (7) In this section: class licence has the same meaning as in the Broadcasting Services Act 1992. commercial radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. community broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. subscription television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
Division 8 — Phased implementation of this Part 62ZLE Phase 1 (1) In the 12 month period beginning when this Part commences: (a) Division 5 (broadcasting or datacasting of licensed interactive wagering service advertisements in Australia) has effect only to the extent that it prohibits: (i) broadcasting or datacasting of a licensed interactive wagering service advertisement during news and current affairs programs; and (ii) broadcasting of a licensed interactive wagering service advertisement on a commercial radio broadcasting service during the period beginning at 8:30 am and ending at 9:00 am and the period beginning at 3:30 pm and ending at 4:00 pm; and (b) Division 6 (publication of licensed interactive wagering service advertisements in Australia) has effect only to the extent that it prohibits publication of a licensed interactive wagering service advertisement on a social media service or on an online content service. 62ZLF Phase 2 In the 12 month period beginning on the first anniversary of the commencement of this Part, Divisions 5 and 6 have effect (in addition to the effect as provided by section 62ZLE) only to the extent that they prohibit: (a) any licensed interactive wagering service advertisements during live coverage of a sporting event; and (b) any odds advertising or odds commentary from one hour before the start of the live coverage until one hour after the end of the live coverage; and (c) in-stadia advertising, including logos, marks or words relating to a licensed interactive wagering service appearing on players' uniforms or sports equipment, and any publication of the same. 62ZLG Phase 3 In the 12 month period beginning on the second anniversary of the commencement of this Part: (a) Division 5 has effect only to the extent that is provided by sections 62ZLE and 62ZLF and to the extent that it prohibits all broadcasting or datacasting of licensed interactive wagering service advertisements between 6:00 am and 10:00 pm; and (b) Division 6 has effect only as provided by sections 62ZLE and 62ZLF. 62ZLH Phase 4 On and after the third anniversary of the commencement of this Part, this Part has effect according to its terms.
(9) Schedule 1, item 20, page 52 (line 27), omit "62ZE(3).", substitute "62ZE(3);". (10) Schedule 1, item 20, page 52 (after line 27), after paragraph 64A(xz), insert: (xza) subsection 62ZKR(2); or (xzb) subsection 62ZKR(4); or (xzc) subsection 62ZKW(2); or (xzd) subsection 62ZKW(4). (11) Schedule 1, item 22, page 53 (line 25), omit "62ZE(3).", substitute "62ZE(3);".
(12) Schedule 1, item 22, page 53 (after line 25), after paragraph 64C(1)(xz), insert: (xza) subsection 62ZKR(2); or (xzb) subsection 62ZKR(4); or (xzc) subsection 62ZKW(2); or (xzd) subsection 62ZKW(4). (13) Schedule 1, item 24, page 54 (line 23), omit "62ZE(3).", substitute "62ZE(3);". (14) Schedule 1, item 24, page 54 (after line 23), after paragraph 64D(1)(xz), insert: (xza) subsection 62ZKR(2); or (xzb) subsection 62ZKR(4); or (xzc) subsection 62ZKW(2); or (xzd) subsection 62ZKW(4). _____ SHEET 2 (1) Clause 2, page 2 (after table item 2), insert: 2A.
Schedule 4A Immediately after the commencement of the provisions covered by table item 2. 1 January 2027 (2) Schedule 1, page 51 (after line 24), at the end of Division 6, add: 62ZJA Independent review of this Part (1) The Minister must cause an independent review to be conducted of the operation of this Part. (2) Without limiting the requirement in subsection (1) that the review must be independent, the Minister must ensure that the person who conducts the review: (a) is not an APS employee; and (b) would be regarded by a reasonable person as being able to conduct the review without any real or apparent conflict of interest.
(3) The review must commence soon as practicable after the end of the period of 2 years beginning on the day this Part commences. (4) The person conducting the review must complete the review, and must give the Minister a written report of the review, within the period of 12 months beginning on the day the review commences. (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.
(3) Page 92 (after line 28), after Schedule 4, insert: Schedule 4A — Statutory duty of care Interactive Gambling Act 2001 1 Section 3 (before the paragraph beginning "The ACMA may, on its own initiative") Insert: ‚ A licensed interactive wagering service provider has a duty to take reasonable steps to prevent and minimise foreseeable harm to individuals arising from the use of the provider's services. 2 After Part 1 Insert: Part 1A — Statutory duty of care to prevent harm 14A Definitions for this Part In this Part: licensed interactive wagering service has the same meaning as in Part 7B. licensed interactive wagering service provider has the same meaning as in Part 7B. 14B Licensed interactive wagering service providers must take reasonable steps to prevent harm etc.
(1) A licensed interactive wagering service provider must take reasonable steps to prevent and minimise foreseeable harm to individuals arising from the use by those individuals of a licensed interactive wagering service provided by the provider. Civil penalty: 1,000 penalty units. Harm arising from use of a service (2) For the purposes of subsection (1), and without limiting that subsection: (a) harm includes financial and psychological harm; and (b) harm may arise from the use of a licensed interactive wagering service because of the way that the service is designed or operated.
Relevant matters (3) Without limiting subsection (1), in determining whether a licensed interactive wagering service provider has taken reasonable steps for the purposes of that subsection, regard may be had to the following matters: (a) whether the provider has systems in place to identify patterns of behaviour indicating risk of harm, including but not limited to rapid or escalating loss patterns, chasing losses, and extended session duration; (b) whether the provider intervenes when such patterns are identified, including by contacting the individual, imposing precommitment limits, or restricting access to the service; (c) whether the design of the service (including its interface, incentives, and promotional features) avoids features known to encourage compulsive or harmful use; (d) whether the provider provides individuals with accessible tools to set and enforce their own deposit, loss, and time limits; (e) whether the provider's staff are trained to identify and respond to signs of gambling harm.
Necessary steps (4) A licensed interactive wagering service provider is taken to contravene subsection (1) if the provider does not take the steps (if any) specified by the ACMA, under subsection (5), for the purposes of this subsection. Note: A provider that takes the steps (if any) specified by the ACMA for the purposes of this subsection is not guaranteed to satisfy the requirement in subsection (1).
Taking those steps is necessary, but not sufficient, for satisfying the requirement in subsection (1). (5) The ACMA may, by legislative instrument, specify steps for the purposes of subsection (4). 3 Before paragraph 16(a) Insert: (aa) Part 1A; or 4 Before subparagraph 21(1)(a)(i) Insert: (ia) Part 1A; or 5 Subparagraph 22A(1)(a)(i) Omit "Part 2", substitute "Part 1A, 2". 6 Paragraph 22A(1)(o) Omit "Part 2", substitute "Part 1A, 2". 7 Before paragraph 64A(a) Insert: (aa) subsection 14B(1); or 8 Before paragraph 64C(1)(a) Insert: (aa) subsection 14B(1); 9 Before paragraph 64D(1)(a) Insert: ; (aa) subsection 14B(1); There have been lots of speeches in this House about the harm done by the gambling industry and the normalisation of gambling as part of sport, and it's been jarring to hear those same members profess to believe that this complicated bill full of loopholes will actually fix this problem.
I don't think most of them actually believe it. The crossbench and the Greens have been pretty clear about the flaws in this bill. The coalition has been a bit all over the place, with some standing up to the gambling industry and others negotiating a package of amendments that bring to mind lipstick on a pig.
A number of Labor members have spoken about the harm they or their loved ones have experienced from gambling. Many have spoken about honouring the legacy of Peta Murphy. Last week in their speeches about this gambling reform bill, I counted about 10 Labor members who effectively said that this is a step in the right direction but there's more reform to do.
This is the equivalent of wild dissent in today's Labor Party, and the country is worse for it. There are many in this House who know that their communities want them to support a full gambling phase-out, but they're primarily answerable to their party bosses, so they obediently do what the gambling industry wants, and it breaks my heart. My first sheet of amendments would implement the flagship recommendation of the unanimous Murphy review, recommendation 26, which is a full phase-out over a three-year period of ads for online gambling.
Australians should be able to expect that reform is based on evidence. Now, let me remind you about four pieces of evidence we have about the partial restrictions being proposed. Firstly, the evidence clearly shows partial restrictions don't work.
After the 2017 media reforms which restricted gambling advertising around live sport, the total volume of gambling advertising in prime-time metro TV increased by 40 per cent. The Murphy report found that harmful industries have shown they will identify and capitalise on any gaps in marketing restrictions. Secondly, in relation to the proposed TV rules, there is no evidence to back up three ads per hour or the 8.30 pm watershed.
Research shows that 83 per cent of children aged 11 to 16 continue watching sport after 8.30 pm, meaning the government's defined threshold does not achieve even its own stated purpose of protecting children. How can three ads per hour not have a normalisation effect? Thirdly, the evidence shows that the opt-out approach won't work for digital platforms, whether platform by platform or one off.
One in 800 subscribers have used the opt-out function on SBS. That's the only evidence we have about the effectiveness of opt-out, and the government knew this when they decided that this was the way to go. The amendment agreed with the coalition so you only have to opt-out once is a small change.
To be even mildly effective, it would need to be accompanied by a widespread public promotion campaign. And it raises more questions: what if I own the streaming subscription, but my family members have profiles and we want to make different decisions about opting out? Fourthly the department's impartial impact assessment showed that, compared to the partial restrictions being proposed, a full ban would have the lowest regulatory burden on industry, cost the least to implement and have a more significant positive impact on Australians, especially those experiencing gambling harm.
That is what the evidence shows us. A full ban is supported not only by three-quarters of Australians but also by the AMA, the Alliance for Gambling Reform and all the academics. The next amendment I'm proposing here is a statutory duty of care.
This is given effect to by amendments (1) and (3) on sheet 2. Licensed interactive wagering providers should be required to take all reasonable steps to prevent and reduce gambling harm. They are so far from doing that.
This is a predatory industry where profit is directly connected to harm. The last amendment I'm proposing here is a statutory review. This is given effect to by amendment (2) on sheet 2.
I'm pleased to hear the government will now agree to a review of the operation of the ad restrictions, the inducements and the opt-out register. A review will leave the door open for a future braver government to actually deal with this problem. As each member of this House casts their vote on these amendments for a full ban, a duty of care and a two-year review, I encourage them to remember they were sent here to represent Australians and their communities, not to represent the gambling industry or primarily their political party.
That is the choice now available to every single member of this House.