Australian Wagering Compliance

On 12 December, the Interactive Gambling Amendment (National Self-exclusion Register) Bill 2019 received assent¹.  Our October blog analysed efforts by the Australian Communications and Media Authority (ACMA) to procure an Operator for the NSER ahead of this bill formally passing.

Purpose

The legislation makes clear that the policy objective of the NSER is to reduce the harm of online wagering to Australian punters, particularly those who are at risk of or already facing significant harm.

Simply put, the legislation prohibits bookmakers from nine actions (or inactions).  The following four relate specifically to trading and direct relationships with punters:

1. Providing interactive wagering services to individuals registered on the NSER
2. Opening a new account for registered individuals
3. Not closing an account for individuals who becomes registered on the NSER
4. Marketing to registered individuals (email, voice calls or direct marketing material).

Features

The legislation aligns with the position agreed to by all Australian governments in National Consumer Protection Framework for Online Wagering².  Of 14 principles set out in the Framework, there are six which we expect to translate directly as priorities for bookmakers, enabled by technology:

1. Self-exclusion takes immediate effect from the time of registration
2. Self-exclusion periods can last from 3 months to permanent exclusion
3. Upon registration, all funds must be returned to punter once all wagers/bets are settled
4. Tailored business processes to account for revocation of registration
5. Tailored business processes to account for re-instatement of a punter’s account
6. Be industry funded, which means bookmakers will likely pay the NSER Operator to perform its enforcement and compliance role.

As experts in self-exclusion technology and techniques, we look forward to supporting you with the NSER and its implications for your responsible wagering obligations.

Notes:

1. Explanatory Memorandum for the Interactive Gambling Amendment (National Self-exclusion Register) Bill 2019 as circulated by the authority of the Minister for Families and Social Services, Senator the Hon Anne Ruston
2. National Consumer Protection Framework for Online Wagering