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Lazio had won 16 of 18 games in Serie A, with two draws before the break, and were neck and neck with Juventus, which had won the previous eight league titles. They finished the season with just 16 points in the final 12 games and finished fourth, behind Juve, Inter Milan and Atalanta. The Biancocelesti are yet to right the ship this season. They enter this derby eighth in the Serie A table through 17 games, having won just three of their last seven games.

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Please click here to check if an online gambling operator is legal in Australia. Please click here to see a list of illegal gambling websites currently blocked by ACMA for the provision of illegal content. There are significant risks associated with using online gambling operators that are not licensed and regulated in Australia.

Please click here to find more information about how to protect yourself from illegal providers. Before you use any online gambling services over the internet, make sure it is legal. Online betting regulations can be a minefield anywhere in the world.

BettingTop10 only recommend licensed bookmakers that conform to the strict Australian online bookmaker license laws, that will assist you in securing the best odds for any sporting event across the Aussie online betting sites. The regulatory climate for betting has always been quite favourable while the state and Federal governments have less embraced online gaming.

So, what does that mean for you when you are thinking of placing an online bet? Aussie online users are often unsure about the legality of gambling online, and governments has arguably more than enough influence on the industry. Current state and federal government laws and legislations surrounding online casino gambling and online sports betting are concentrated on how Australian online bookmakers run their business and determine which betting services they may and may not provide, as opposed to what online bettors are allowed to do with their own money.

In reality, the laws which we will discuss later in this article have minimal effect on individual recreational punters, however, they rather focus on restricting both local and foreign online casino operators from providing online gambling options to Australian residents.

To further complicate matters, some state governments have taken it upon themselves to muddy the waters even further. In and , the NSW State Government banned the advertising of all betting inducements to residents, including the making illegal the following types of promotions;.

For more information about betting sites and betting laws in NSW click here. In addition to the Federal Government of Australia the Department of Communication and the Arts supplying the over-arching nationwide gambling legislation the Interactive Gambling Act of and its Amendment — see detailed explanation below , each state and territory government regulate both land-based and online gambling in their respective state or territory jurisdiction;.

The most important thing to know about the Interactive Gambling Act of is that it banned online casino gambling from Australia.

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It is not clear whether without lawful authority is an element of the offence, which would need to be proved by the prosecution or whether it is a defence, which would place an evidential burden on the defendant. The defences found in proposed subsections 7A 3 and 4 are designed to protect innocent disposal of protected Flags and ensigns, and innocent damage to images of those Flags and ensigns.

However, they raise a number of questions. Proposed subsection 7A 3 seeks to cover the situation where an image of a protected flag is reproduced on an item like a tea towel or quilt cover and the image is damaged through ordinary use. In these circumstances, criminal liability will not be incurred. Ordinary use might include such things as washing or ironing or wear and tear over time.

But what are the outer boundaries of ordinary use? Is ordinary use defined by way of an objective or a subjective test? Further, what happens if damage occurs not as a result of ordinary use but because the person no longer has any need for the item? And, it would seem that this defence would not extend to the image on the T-shirt produced for Senator Bolkus office or other altered or distorted images of the Flag or protected ensigns that might be reproduced in a wide range of contexts.

Proposed subsection 7A 4 provides that if a person disposes of a flag because it has been worn, soiled or damaged , they will not have committed an offence. Again, what happens if a person disposes of a flag simply because they no longer need it or want to retain it? It is unclear whether what is meant is a reference to the Australian National Flag or whether it is to other official or unofficial flags and, if so, what flags might be included.

The penalty provided for an offence against proposed subsection 7A 1 is penalty units. Unlike earlier private member s bills banning flag desecration, this Bill does not include a custodial option. Questions might be raised, however, about the size of the maximum penalty. It should also be noted that this is the maximum penalty for individuals. The effect of subsection 4B 3 of the Crimes Act Cwlth is that a court has a discretion to impose a penalty of up to five times this amount if the offender is a body corporate.

It also empowers the Governor-General, who would act on Federal Executive Council advice, to appoint other flags and ensigns of Australia. Such appointment is done by Proclamation. There is also an Australian Defence Force Ensign. Other proclamations have been made under the Flags Act. The Proclamations stated that the flags were the flags of the Aboriginal peoples of Australia and the Torres Strait Islander people of Australia , respectively and that they were flag[s] of significance to the Australian nation generally.

There are other official flags and ensigns. Some are derivatives of the Australian National Flag. The objects of the Bill include ensuring that the Australian Flag is treated with dignity and respect and protected against vandalism. Thus, if the physical and fault elements of the proposed offences are proved and relevant defences are not made out, it will be immaterial that the proscribed conduct took place in private.

Johnson 37 , found that a Texas law criminalising the desecration of venerated objects in a manner that the actor knows will seriously offend one or more persons likely to observe his action was unconstitutional as applied to a protester who burned a US flag during a demonstration against the policies of the Reagan Administration. The judgment affected similar laws in some 47 other US States. Brennan J , for the majority 38 , stated:.

If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. We never before have held that the Government may ensure that a symbol be used to express only one view of that symbol or its referents. To conclude that the government may permit designated symbols to be used to communicate only a limited set of messages would be to enter territory having no discernible or defensible boundaries.

Could the government, on this theory, prohibit the burning of state flags? Of copies of the Presidential seal? Of the Constitution? In evaluating these choices under the First Amendment, how would we decide which symbols were suffici ently special to warrant this unique status? To do so, we would be forced to consult our own political preferences, and impose them on the citizenry, in the very way that the First Amendment forbids us to do.

In the minority, Chief Justice Rehnquist said that the constitutionally protected freedom was not absolute. He also remarked:. The flag is not simply another idea or point of view competing for recognition in the marketplace of ideas. Millions and millions of Americans regard it with an almost mystical reverence regardless of what sort of social, political, or philosophical beliefs they may have.

I cannot agree that the First Amendment invalidates the Act of Congress and the laws of 48 of the 50 States, which make criminal the public burning of the flag. In response to the decision in Texas v. Johnson the US Congress repealed an existing federal flag burning statute 40 because of fears that it might be unconstitutional and replaced it with new legislation designed to avoid the constitutional problems identified in Texas v. The Flag Protection Act made it an offence to knowingly mutilate, deface, physically defile, burn or trample the US flag.

In the US Supreme Court held in two cases that the Act was unconstitutional because it violated the free speech right guaranteed by the First Amendment to the Constitution. The cases were US v. Eichman 42 and US v. Protected flags or reproductions of those flags might conceivably be dishonoured, destroyed or mutilated as a political protest or as part of a campaign for a new Australian flag.

Part of the debate about flag destruction laws has centred on whether such laws would impermissibly infringe the implied freedom of political communication contained in the Commonwealth Constitution. For instance, in her tabling speech, Mrs Draper stated:. I expect during this debate to hear the argument that this bill infringes on the right to protest.

I categorically reject that argument. There is nothing in this bill which would take away the rights [of] Australians to air their views and grievances, either privately or publicly. The freedoms of speech, assembly and association are in no way diminished by this bill and nor would we seek to undermine these cornerstones of our democracy.

But you can protest without burning our flag, you can speak your mind without desecrating our national symbol and you can criticise the system without humiliating the people. The reality is you could have free political speech without having to set fire to a flag as an accompaniment.

On the other hand, the WA Attorney-General, Jim McGinty , said that advice from the WA Solicitor-General was that the Bill would be very likely to be found to be invalid for infringing the implied freedom of political communication. Two High Court judgments Lange and Levy may be relevant in the context of flag burning laws. Both were decided in The High Court agreed unanimously in Lange v Australian Broadcasting Corporation 47 t hat two questions must be asked when deciding whether a law infringes the implied freedom.

They are:. A law will only be unconstitutional if the answers to these questions are 'Yes' and 'No', respectively. Levy v Victoria 49 also considered the implied freedom. In this case, an animal rights activist wanted to enter a duck shooting area and retrieve and display dead and injured animals.

However, the Wildlife Hunting Season Regulations prohibited anyone who did not hold a game licence from entering a permitted hunting area. Levy asked the High Court for a declaration that one of the regulations regulation 5 was invalid because it infringed his constitutionally protected freedom of political communication. The Court held that regulation 5 was valid as a reasonable restriction in the interests of public safety because it was appropriate and adapted to one of its stated objectives to ensure a greater degree of safety of persons in hunting areas during the open season for duck in The Court re-stated its earlier position that the implied freedom is not an absolute one.

However, a number of things are important about the decision. It re-affirmed the implied freedom. It said that expressive conduct was protected by the implied freedom. It is interesting to note that when the youth who had burned a flag in Western Australia early in was charged with disorderly conduct under section 54 of the Police Act, his lawyer argued that his actions were an exercise of his implied freedom of political communication and that section 54 should not be construed as abrogating that freedom.

Flag protection laws in some overseas jurisdictions are set out in the Appendix. One of the consistent features of similar provisions in overseas laws is that destruction or dishonouring must be done publicly before it is an offence. Whosoever, in such a manner that the act becomes known to the general public, in a malicious way, insults and brings into contempt the Austrian Republic and its States, is liable for imprisonment for up to one year.

Whosoever, in the manner described in Paragraph 1, in a malicious manner and at a public occasion or a function open to the public, insults, brings into contempt or belittles the flag displayed for official purposes or the national or state anthems of the Austrian Republic or its States, is liable for imprisonment of up to 6 months or a fine of up to times the fixed daily rate. Canada currently has no legislation but there have been attempts by private members to introduce flag burning legislation.

Under the Criminal Code the penalty for insulting the national flag is up to three years imprisonment. An extract from an unofficial translation of the Code reads:. Chinese Criminal Code. Article Whoever purposely insults the national flag, national emblem of the PRC in a public place with such methods as burning, destroying, scribbling, soiling, and trampling is to be to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprived of political rights.

A similar penalty was introduced into Hong Kong after its return to China. Although it was challenged in the Hong Kong courts, the appeal court stated that that the law was necessary for national cohesion despite its conflict with international human rights instruments. The American Civil Liberties Union commented:. In urging senators to reject the proposed amendment, the ACLU also stressed the parallels between China, a country known for its violations of human rights, and congressional efforts to adopt flag protection legislation.

A person who desecrates the national flag or national emblem by publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 years. The following summary of a case on desecrating the flag appeared in a report to the European Parliament by the European Commission on the Special Administrative Region of Hong Kong.

A further legal test case with individual freedom implications relates to the interpretation of provisions on the desecration of national and regional flags. On 15 December, the Court of Final Appeal issued its judgment. The Court stressed in its reasoning that the type of restrictions on the freedom of speech contained in the Ordinance were limited and justified by the need to protect other values, which were also worthy of constitutional protection.

The CFA cited as reference decisions of Italian and German courts upholding the constitutionality of laws which protect the national flag and punish, by imprisonment or imposition of fines, the non-respect of their provisions. According to the London Times , France passed a law in which makes it an offence to insult the national flag or anthem. The penalty is a fine or up to 6 months imprisonment. It is possible that the new French law would not be upheld if a complaint is made to the European Court of Human Rights.

The article from the Times is reproduced below:. French face jail for insulting the flag. By Charles Bremner in Paris. The Times, 15 February , p. ANYONE who jeers at the Marseillaise or insults the Tricolour may be jailed or fined for "offending against the dignity of the Republic" under a new law that symbolises President Chirac 's promise to impose order in France.

The legal protection for the national anthem and flag is part of a package of "internal security" measures that will become law next week amid strong public support but criticism from civil rights groups and intellectuals.

The move to ban abuse of the Republican symbols was a response to national anger last year, when youths booed the Marseillaise at a France v Algeria football match, causing M Chirac to leave his box in the stadium until an apology was made. Police say that the law, which provides for fines of up to 6, and six months in jail, will be unenforceable.

Also included in the security law, drafted by Nicolas Sarkozy, the tough minded Interior Minister, are fines and imprisonment for youths who intimidate by congregating in stairwells; for beggars, squatters, travellers who trespass and women deemed to be "passively soliciting" for prostitution. Weakly defined, this offence can apply to any woman who dresses provocatively, rights activists say. Insulting anyone who serves the public, from firemen and bus conductors to teachers and housing estate caretakers, also becomes a punishable offence.

In another measure, police will no longer be required to advise criminal suspects of their right to remain silent. The crackdown is the centrepiece of M Sarkozy's campaign to reinstate the authority of the State and to calm the anxiety over crime and antisocial behaviour that dominated the presidential and general elections of last spring.

Most of the measures are so popular that the Socialist Opposition voted with the Government on Thursday's final passage through Parliament. However, the Socialist and Communist groups from the Senate and National Assembly have lodged an appeal with the Constitutional Council, asking it to strike down as a "breach of the exercise of liberty" the clauses in the Security Bill dealing with prostitution, travellers and congregating youths.

They also asked it to rule that the penalties for insulting national symbols were excessive. As the ultimate legal authority, the council may annul laws that it deems breach the Republic's Constitution. The law on the flag and anthem have raised a chorus of ridicule from the intellectual world, including some right-wing thinkers, on the grounds that it smacks of American or Third World practices and reflects an attempt to impose a "new moral order" on France.

More than university teachers have signed a petition: "Among other measures that have already provoked justified criticism, the law on the flag and anthem inspires particular concern," they said. Respect is earned. It cannot be imposed. An attempt shall be punishable. Section 2 of the Prevention of Insults to National Honour Act of provides for a maximum jail term of three years and a fine.

Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles disfigures, destroys, tramples upon or otherwise brings into contempt whether by words, either spoken or written, or by acts the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend, to three years, or with fine, or with both. In January a newspaper reported that amendments were being considered to strengthen the Act.

The Union Cabinet today approved the decision to impose strong punishment, including imprisonment, for showing any disrespect to the National Flag. Briefing newspersons after the Cabinet meeting, which met under the chairmanship of the Prime Minister here, an official spokesperson said the amendment would also define insult in broader detail.

A minimum imprisonment of one year was proposed in case of second or subsequent offence of deliberate insult to the Tricolour. The changes in the Flag Code were in accordance with the recommendations of a high-level committee of the Home Ministry headed by then Additional Secretary P. High Court and Supreme Court judges are now permitted to fly the Tricolour on their car. The high court had also passed certain orders on the issue of the National Flag in , but Home Ministry sources said the government had initiated action in October, , when the Shenoy Committee was set up.

The Centre had also included in the new Flag Code stringent punishment and penalty of fine for deliberate insult, as recommended by the Shenoy Committee in its report in April, According to a speech made in the US House of Representatives in June during a debate on a Congressional proposal to make flag burning an offence in the United States, flag desecration under the regime of Saddam Hussein was a criminal offence punishable by up to 10 years imprisonment.

Codice Penale Penal Code of Italy. Chiunque vilipende la bandiera nazionale o un altro emblema dello Stato punito con la reclusione da uno a tre anni. Agli effetti della legge penale, per "bandiera nazionale" s'intende la bandiera ufficiale dello Stato e ogni altra bandiera portante i colori nazionali. Le disposizioni di questo articolo si applicano anche a chi vilipende i colori nazionali raffigurati su cosa diversa da una bandiera.

Anyone who publicly insults or vilifies the national flag or other emblem of the State is punished by imprisonment from one to three years. The effects of the criminal law are intended for the national flag the official flag of the State and for every other flag bearing the national colours. The provisions of this article also apply to those who publicly insult or vilify the symbols of the national colours as something distinct from the flag. There is no law against damaging the Japanese flag however there are laws that prevent the burning of foreign flags as this may be offensive to the foreign country.

Anyone who by words, gesture, in writing or by any other means of public communication, desecrates the Republic, national flag or the national anthem the symbols or emblems of the Portuguese sovereignty, or in any other way fails to pay them their due respect, shall be punished with a prison sentence of up to 2 years or with a pecuniary penalty of up to days. There is no law relating to the desecration of Norway 's own flag but there is a law protecting the flag or national coat of arms of a foreign country.

Any person who in the realm publicly insults the flag or national coat of arms of a foreign State, or who is accessory thereto, shall be liable to fines or to detention or imprisonment for a term not exceeding one year. The same penalty shall apply to any person who in the realm offends a foreign State by committing violence against or by threatening or offensive behaviour towards any representative of that State, or by intruding into, causing damage to, or soiling any building or room used by any such representative, or who is accessory thereto.

Article of the Criminal Code prohibits desecration of the national flag as well as that of Taiwan s founding father Sun Yat Sen. Article criminalises desecration of foreign national flags and emblems. Information from guides, written for travellers to Turkey, state that it is against the law to insult the Turkish nation in any way.

This includes defacing or destroying Turkish currency or the national flag and insulting the founder, Atat rk, or the president of the Republic of Turkey. Proposals are still being pursued in the US Congress for a constitutional amendment enabling the Congress to prohibit the physical destruction of the US flag. The latest of these attempts H. It passed the House of Representatives on 3 June On the 4 th June, the Senate referred it to the Committee on the Judiciary.

Should a proposed constitutional amendment pass both Houses with the required majorities, three-quarters of the States would then need to ratify it in order for the amendment to succeed. Crimes Protection of Australian Flags Bill Introduced for the fourth time on 5 March House Hansard, page It was reported that charges of disorderly conduct brought against the flag burner were dropped on advice from the State s Solicitor-General that flag burning was protected as an expression of political communication under the Commonwealth Constitution.

Flag burning sparks rights row , West Australian , 14 June ; Flag flies for all our freedoms editorial , West Australian , 11 June It appears that this provision appeared in error. The Leader of the Opposition indicated his intention that the clause relating to reproductions would be deleted so that the Bill only applied to a flag and not a reproduction of a flag. Minister advocates that the burning of national flags should be illegal but the President of the ALP is not so sure , AM , 18 August The case was Lockwood v.

Kraus and was set down to be heard in the Children s Court of Western Australia. Push to legally protect Aust flag , Canberra Times , 20 August They will not give you the same customer protection as a licensed service. These services sometimes refuse to return deposits or pay winnings to the customer. As the services are operating illegally, there is little recourse for Australian customers. There is also a risk that, because they are illegal, these websites will be blocked in Australia when identified.

This means you may not be able to log in from Australia and access your existing account. Many sites exist in countries where gambling laws offer little protection to gamblers. Even in countries where better consumer laws and regulation exist, pursuing a complaint from Australia is likely to be difficult and expensive. ACMA asks Australian internet service providers to block access to online gambling websites if serious criminal or civil offences are involved.

Find out more about this and see the list of currently blocked illegal gambling websites on the ACMA website. You can make a complaint to ACMA if you think a website offers illegal gambling services. You do not have to give your name.

Online gambling — make sure you use a legal operator Is online gambling legal in Australia? Some forms of online gambling are legal in Australia, but others are not. Illegal online gambling products include: online casinos casino-style games like poker, blackjack and roulette slots pokies in-play sports betting sports betting services which do not hold an Australian licence scratchies betting on the outcome of a lottery.

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The duration of major operator Licences depends upon the legislative framework in the relevant State or Territory and is subject to possible change upon a Licence renewal or new Licence being issued. There are various current casino Licences which are perpetual, whereas a number of others currently expire between and In relation to wagering and betting, apart from Vic and NT where the Licences expire in and , respectively and WA where retail wagering and betting is operated by the State but is currently being considered for privatisation, with a formal process now underway , the expiry dates of current Retail Wagering Licences are also similarly long-dated and range between and In the case of lotteries, aside from Tas where the Licence expires in and WA where lotteries are owned and operated by the State , the expiry dates are generally shorter than in relation to Retail Wagering; however, they still range between and Keno, as a similar product to lotteries, has a similar Licence duration.

The vulnerability of the above Licences to revocation or suspension is low. It is rare for material proceedings or other materially adverse action to be initiated by gambling regulators against major licensees. Please include in this answer any material promotion and advertising restrictions. Casino Licences provide that casinos are only permitted to offer casino games and gaming machines to patrons present within the casino.

It is illegal to offer online casino gambling in Australia. The Vic Licence includes not only wagering and betting but also a betting exchange. Corporate Bookmakers can offer fixed-odds betting on racing, sport and other approved events online and over the telephone. On-course Bookmakers offer substantially the same betting on-course and, subject to approval, also over the telephone and in some instances online. Lotteries licensees can offer their approved lottery products through retail news agencies, other approved retail venues, third-party agents and also online.

Keno licensees can offer their products through retail venues, online in-venue only in the case of NSW and online in the case of the ACT. Hotels and clubs are permitted to provide approved gaming machines in the licensed premises. There are comprehensive Federal, State and Territory advertising restrictions which apply to the lawful advertising of gambling services. In addition to the usual responsible gambling warnings, it is an offence to advertise an inducement to open a betting account and, in some jurisdictions, to gamble.

These rules have recently been extended to online streaming of live sport. Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct including through advertising. State and Territory taxation on casinos is determined on a case-by-case basis typically during negotiations with the relevant State or Territory government at the time. By way of example, putting aside a Federal company tax of either In addition, that licensee currently pays the State a tax of The relevant taxation amounts are reduced by the GST paid by the casino licensee in relation to these services.

In addition to Vic, NSW and Qld, most States and Territories have recently introduced a POCT in respect of bets placed by their residents which is payable by the Retail Wagering Licensee, Corporate Bookmakers and any other relevant betting operator licensed in Australia, irrespective of the location of the relevant entity. Vic, NSW and Qld also have similar compensatory arrangements.

These fees are generally a percentage of turnover, or the greater of a percentage of turnover and gross margin, and depend upon the relevant product. Lotteries are subject to relatively high State and Territory taxation rates.

By contrast, taxation of keno across the same three key States is Various States also set minimum player returns. State and Territory taxes on gaming machine revenue are complicated and vary significantly. All gambling-related Licences issued by a State or Territory are subject to strict requirements relating to responsible gambling and harm minimisation.

Included in this are restrictions at a State and Territory level in relation to gambling advertising and also inducements to open an account and, in some jurisdictions, to gamble. In addition, the Federal government has also recently introduced amendments to the Interactive Gambling Act to restrict gambling advertising and odds promotion during broadcasts and online streaming of live sport, with more stringent restrictions occurring during the hours of 5.

In November , all State and Territory gaming Ministers agreed to a National Consumer Protection Framework NCPF for online wagering, which is in the process of being progressively implemented with the objective of having a nationally consistent approach to harm minimisation measures, such as a prohibition on inducements such as first deposit bonuses being offered to a prospective customer to open a betting account, mandatory opt-out pre-commitment and a national self-exclusion register which is expected to be established in Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?

Virtual currencies are not currently used as a real-money alternative for gambling in Australia by any of the major operator Licence holders. They are currently the subject of consideration by the various State and Territory gambling regulators. Notwithstanding the ongoing consideration by gambling regulators, Austrac regulates virtual currencies as a designated service.

Only local operators holding relevant Licences may offer gambling products to Australian residents. The Interactive Gambling Act provides that it is unlawful for overseas-based operators not holding a relevant State or Territory Licence to provide online gambling services to Australian residents. The regulator responsible for enforcing the Interactive Gambling Act, ACMA, was recently given extended consumer protection responsibilities and powers as part of the Review of Illegal Offshore Wagering, relating to the enforcement of prohibitions on providing or advertising illegal interactive gambling services.

Casino licensees cannot offer online casino games in Australia it is prohibited under the Interactive Gambling Act, which also prohibits online poker. Retail Wagering Licensees, Corporate Bookmakers, On-course Bookmakers and other licensed betting operators can offer online betting. Lotteries licensees can also offer their products online.

The ACT keno licensee can offer its product online and the NSW keno licensee can offer its product online in hotel and club venues only using geo-fencing technology. Such betting is limited to telephone betting and betting within a Retail Wagering environment. Some Australian casinos have started introducing skill-based gaming machines.

Aside from gaming, Retail Wagering Licensees own and operate electronic betting terminals EBTs in retail venues in a TAB, on-course, in hotels and in clubs to facilitate totalisator and fixed-odds betting. EBTs may be used to place live bets on sport.

Most Retail Wagering Licensees also offer virtual racing in retail venues. State and Territory laws contain a broad range of provisions relating to gambling which imposes obligations on licensees, associates of licensees, staff, suppliers and sometimes customers.

Whilst Federal, State and Territory laws and regulations are often capable of being contravened by directors and other officers of licensees, recent regulatory action has been taken against corporate licensees only. As regulation tightens, it is expected that this will change going forward and that directors and other officers will be actively pursued in relation to alleged breaches of relevant gambling and related laws.

State and Territory laws often also contain a range of offences in relation to unlawful gambling, which can include organising the unlawful event, as well as participating in it. State and Territory licensees are expected to have appropriate controls in place to ensure that they comply with their Licence obligations, including relevant laws and any conditions attaching to their Licence. State and Territory-based gambling regulators have shown a willingness to work cooperatively with licensees in relation to possible breaches of local laws; however, recent prosecutions for breaches of advertising restrictions relating to inducements demonstrate that some offences will not be tolerated where appropriate warnings have been given and operators fail to meet the necessary standards.

Enforcement action by ACMA is also likely to increase given the breadth of their powers in relation to gambling advertising and odds promotion during live sport. The recent and proposed implementation of the various NCPF measures will also most likely result in increased enforcement action. There are no international laws which would impact on liability or enforcement of local Federal, State or Territory laws in Australia relating to gambling service providers.

Notwithstanding this, local regulatory authorities work closely with their international counterparts, including in relation to intelligence and information sharing. Gambling debts legally incurred are enforceable in Australia, however, any such debts are only likely to arise in relation to casinos in particular, with their VIP clients. Corporate Bookmakers and On-course Bookmakers operating online were banned from offering credit to their customers in as part of the implementation of measures announced in relation to the NCPF.

Have fines, licence revocations or other sanctions been enforced in your jurisdiction? Recent action by State and Territory based gambling regulators against Australian licensees have included a breach of Licence conditions by a casino and also breach of advertising restrictions by Retail Wagering Licensees, Corporate Bookmakers and other licensed Australian betting operators.

It is rare for material proceedings, or other materially adverse action, to be initiated by gambling regulators against major licensees. In NSW there is a current inquiry underway by ILGA in respect of this major casino licensee, which includes under its terms of reference the requirement to inquire and report on whether the licensee is a suitable person to continue to give effect to its licence.

Further, ACMA has also been very active in engaging with overseas regulators and other parties concerning the illegal offering of online gambling products in Australia. Enforcement action by ACMA is likely to increase given the breadth of their powers in relation to gambling advertising and odds promotion during live sport.

The implementation of the NCPF will also most likely result in increased enforcement action. The key changes are: i the full implementation of the NCPF measures which are being progressively implemented through State and Territory laws and other instruments , as noted in question 2.

This is likely to involve the establishment of the Australian Sports Wagering Scheme, in respect of which SIA are currently undertaking consultations with key stakeholders; and iii the possible legalisation of online poker as a game of skill. Senet Legal Pty Ltd. Australia: Gambling Laws and Regulations ICLG - Gambling Laws and Regulations - Australia covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability — in 37 jurisdictions.

Chapter Content Free Access 1. Relevant Authorities and Legislation 2. Application for a Licence and Licence Restrictions 3. Enforcement and Liability 5. Anticipated Reforms. Relevant Product Who regulates it in digital form? Who regulates it in land-based form?

See detailed response below table. Poker ACMA. Bingo Online bingo is regulated by the State and Territory gambling regulators detailed below. Bingo is regulated by the State and Territory gambling regulators detailed below. Betting Betting Online betting is regulated by the regulators detailed below. Land-based betting is regulated by the regulators detailed below. There is currently no land-based betting on fantasy sports in Australia. Lotteries Lotteries Online lotteries are regulated by the regulators detailed below.

Retail lottery sales are regulated by the regulators detailed below. Federal level The Australian Constitution provides the Federal government with powers to regulate and govern, among other things, telecommunications, money and trade amongst the States and Territories.

Set out below are the relevant regulatory bodies and a brief description of how they regulate gambling: 1. Relevant legislation As detailed above in question 1. Casino Control Act Vic. Gambling Regulation Act Vic. Brisbane Casino Agreement Act Qld. Cairns Casino Agreement Act Qld. Casino Control Act Qld. Gaming Machine Act Qld. Jupiters Casino Agreement Act Qld. Keno Act Qld. Lotteries Act Qld. Wagering Act Qld. Lotteries Act ACT. The Americans will not permit their flag to be defaced.

The Stars and Stripes is honoured in America and nobody is allowed to place upon it a superscription of any kind or to do anything to interfere with the approved design. In , in answer to a question about whether the Government would legislate to criminalise flag burning, Attorney-General Nigel Bowen Lib replied:. It is not an offence against the law at the present time to burn an Australian flag. Whether any change should be made in the law is perhaps a matter of policy, but one could express the view that in the past we have been able to count on the good sense of the Australian people and their sentiment for their flag to ensure that the flag is given proper respect.

Isolated acts that may have been committed recently do not seem to constitute a case at the moment for making a specific law about this matter. In , a private member s bill was introduced by Michael Cobb MP Nat to make it an offence to desecrate, dishonour, burn, mutilate or destroy the Australian National Flag or an Australian Ensign, without lawful authority.

Mr Cobb re-introduced his Bill in , and On my side of the House, a lot of people would probably object very vigorously to that provision, so great do they hold this democracy of ours in Australia. They believe that people have an inalienable right to protest and that a test of that protest even comes when symbols of our country are damaged in that way In November , Deputy Prime Minister Anderson called for anti-flag burning laws after an anti-war protest in Melbourne during which Australian and United States flags were burned.

As introduced, the Bill contained offences of burning, damaging, or otherwise physically mistreating the Australian National Flag, the Western Australian State Flag or a reproduction 16 of either flag in a manner that:. Suggestions have sometimes been made that an offence of burning a foreign flag should be created. For example, when the Indonesian flag was burnt in Darwin in and then in Melbourne by protesters, the Defence Minister, Senator Robert Ray ALP , suggested that the Government might have to consider outlawing the burning of foreign flags.

The Shadow Minister for Foreign Affairs, Alexander Downer Lib , said he regretted that the Indonesian flag had been burned but thought that prohibiting the burning of foreign flags would be impractical, generate substantial publicity and could be counter-productive. The absence of flag burning laws from Australian statute books does not mean that, in appropriate cases, no charges are available.

For instance, Commonwealth, State and Territory criminal law includes public order offences and offensive or disorderly conduct offences. In answer to a question asked in Parliament in , following an incident where the Flag was burned in the forecourt of Parliament House, Madam Speaker said:.

It would appear that the only offences available are as follows: offensive behaviour contrary to section a of the Crimes Act of New South Wales in its application to the Australian Capital Territory; behaving in an offensive or disorderly manner contrary to section 12 of the Public Order Protection of Persons and Property Act; and malicious damage to property by fire under section of the Crimes Act if it could be established that the flag was burnt without the owner's consent.

In the context of the above offences, offensive behaviour has been held by the courts to be conduct calculated to wound feelings, or arouse anger, resentment, disgust or outrage in the mind of a reasonable person. While I personally think that the burning of an Australian flag was offensive, the nature of any response in such circumstances must be left to the discretion of the law enforcement officers in attendance, who are always mindful of the need not to provoke confrontation or violence.

However, the offences I have just detailed may be of assistance to them if there is a similar occurrence in the future. When the Flag was burned in Perth early in , a charge of disorderly conduct by creating a disturbance in St Georges Terrace, Perth, contrary to section 54 of the Police Act was laid against a youth who participated in setting fire to the flag. It has been reported that the Bill has the support of a number of Government members.

Initially, it appeared that the Bill would be debated and Government members allowed a conscience vote. However, recent reports indicate that the Prime Minister does not support the Bill and that it is unlikely to be considered by Parliament. Item 1 of the Schedule inserts proposed section 7A into the Flags Act It appears that the reference in the Bill to section 27 of the Flags Act should be a reference to section 7 of that Act. The application of Chapter 2 of the Criminal Code [ see proposed subsection 7A 5 ] means that fault or mental elements will need to be proved for the physical element of each offence.

For instance, the prosecution will need to show that the desecration or dishonouring was an intentional act. Two defences are set out in proposed subsections 7A 3 and 4. Thus, it will not be an offence if:. The offence proposed in paragraph 7A 1 a involves desecrating or otherwise dishonouring.

The Macquarie Dictionary defines desecrate as:. To divest of sacred or hallowed character or office; divert from a sacred to a profane purpose; treat with sacrilege; profane. Among the meanings of dishonour found in the Macquarie Dictionary are:. A wide range of behaviours might conceivably come within the ambit of desecrating or dishonouring protected flags and ensigns, including cutting them up, trampling on them and spitting on them.

However, the offences are not strict liability offences. Because Chapter 2 of the Criminal Code applies, the prosecution will need to prove an intention to desecrate or dishonour. The Criminal Code says that a person will have intention with respect to conduct if he or she means to engage in that conduct. As well as covering conduct involving the Flag itself and protected ensigns, the Bill appears to extend to conduct involving reproductions and images of the Flag and protected ensigns.

If the relevant physical and fault elements are proved by the prosecution might there be circumstances where a person could be convicted of an offence of desecrating or dishonouring the Flag because of the way that it is reproduced or where it is reproduced? Further, does the reach of the Bill extend beyond physical objects to poems, songs or other words that intentionally dishonour the Flag and protected ensigns? How easy it will be for the prosecution to prove an intention to desecrate or dishonour the Flag or a protected ensign is another matter.

The second offence contained in the Bill is that proposed in paragraph 7A 1 b. This does not require an intention to desecrate or dishonour but rather an intention to burn, mutilate or otherwise destroy, without lawful authority. The Macquarie Dictionary defines mutilate as to injure, disfigure, or make imperfect by removing or irreparably damaging parts. It defines destroy as to reduce to pieces or to a useless form; ruin; spoil, demolish.

The wording of the second offence raises a number of questions. For example, would an artist who cuts up a protected Flag for an artwork, such as a collage, be caught by the offence? Further, while the Bill attempts to protect ordinary uses of reproduced flags, some reproductions may not be protected. Because the words mutilate and destroy are not expressly restricted to physical mutilation of a Flag, might they extend to disfiguring or spoiling an image of the Flag for instance, as part of a campaign to change the Flag itself?

In , the following question was asked in Federal Parliament:. I ask the Minister, as the custodian of national symbols, whether his office is promoting the desecration and denigration of our flag by selling T-shirts imprinted with the national flag but with the Union Jack removed and in its place the words Jack Off.

I think it is fair to say that a lot of people in Australia an overwhelming, and a growing, number of people in Australia are, in one way or another, getting into the debate on the flag. One of my staff has, at no cost to the Government or the public, been selling T-shirts for some time now as a fund-raiser. I am glad to see that last week she sold out, but she will be getting more.

She has raised an enormous amount of money as a fund-raiser, as I have said. In response to the first part of Senator Parer s question, my office is not desecrating the flag. Might producing the fund-raising T-shirt described above give rise to an offence under proposed paragraph 7A 1 b of intentionally mutilating or destroying the Flag? Might there be circumstances where a producing a mutilated image of the Flag would result in a person being charged with intentionally desecrating or dishonouring the Flag under paragraph 7A 1 a?

Proposed paragraph 7A 1 b creates an offence of burning, mutilating or otherwise destroying a protected flag or ensign without lawful authority. It is not clear whether without lawful authority is an element of the offence, which would need to be proved by the prosecution or whether it is a defence, which would place an evidential burden on the defendant. The defences found in proposed subsections 7A 3 and 4 are designed to protect innocent disposal of protected Flags and ensigns, and innocent damage to images of those Flags and ensigns.

However, they raise a number of questions. Proposed subsection 7A 3 seeks to cover the situation where an image of a protected flag is reproduced on an item like a tea towel or quilt cover and the image is damaged through ordinary use. In these circumstances, criminal liability will not be incurred.

Ordinary use might include such things as washing or ironing or wear and tear over time. But what are the outer boundaries of ordinary use? Is ordinary use defined by way of an objective or a subjective test? Further, what happens if damage occurs not as a result of ordinary use but because the person no longer has any need for the item?

And, it would seem that this defence would not extend to the image on the T-shirt produced for Senator Bolkus office or other altered or distorted images of the Flag or protected ensigns that might be reproduced in a wide range of contexts. Proposed subsection 7A 4 provides that if a person disposes of a flag because it has been worn, soiled or damaged , they will not have committed an offence. Again, what happens if a person disposes of a flag simply because they no longer need it or want to retain it?

It is unclear whether what is meant is a reference to the Australian National Flag or whether it is to other official or unofficial flags and, if so, what flags might be included. The penalty provided for an offence against proposed subsection 7A 1 is penalty units. Unlike earlier private member s bills banning flag desecration, this Bill does not include a custodial option.

Questions might be raised, however, about the size of the maximum penalty. It should also be noted that this is the maximum penalty for individuals. The effect of subsection 4B 3 of the Crimes Act Cwlth is that a court has a discretion to impose a penalty of up to five times this amount if the offender is a body corporate.

It also empowers the Governor-General, who would act on Federal Executive Council advice, to appoint other flags and ensigns of Australia. Such appointment is done by Proclamation. There is also an Australian Defence Force Ensign. Other proclamations have been made under the Flags Act. The Proclamations stated that the flags were the flags of the Aboriginal peoples of Australia and the Torres Strait Islander people of Australia , respectively and that they were flag[s] of significance to the Australian nation generally.

There are other official flags and ensigns. Some are derivatives of the Australian National Flag. The objects of the Bill include ensuring that the Australian Flag is treated with dignity and respect and protected against vandalism. Thus, if the physical and fault elements of the proposed offences are proved and relevant defences are not made out, it will be immaterial that the proscribed conduct took place in private.

Johnson 37 , found that a Texas law criminalising the desecration of venerated objects in a manner that the actor knows will seriously offend one or more persons likely to observe his action was unconstitutional as applied to a protester who burned a US flag during a demonstration against the policies of the Reagan Administration.

The judgment affected similar laws in some 47 other US States. Brennan J , for the majority 38 , stated:. If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. We never before have held that the Government may ensure that a symbol be used to express only one view of that symbol or its referents.

To conclude that the government may permit designated symbols to be used to communicate only a limited set of messages would be to enter territory having no discernible or defensible boundaries. Could the government, on this theory, prohibit the burning of state flags? Of copies of the Presidential seal? Of the Constitution? In evaluating these choices under the First Amendment, how would we decide which symbols were suffici ently special to warrant this unique status?

To do so, we would be forced to consult our own political preferences, and impose them on the citizenry, in the very way that the First Amendment forbids us to do. In the minority, Chief Justice Rehnquist said that the constitutionally protected freedom was not absolute. He also remarked:. The flag is not simply another idea or point of view competing for recognition in the marketplace of ideas.

Millions and millions of Americans regard it with an almost mystical reverence regardless of what sort of social, political, or philosophical beliefs they may have. I cannot agree that the First Amendment invalidates the Act of Congress and the laws of 48 of the 50 States, which make criminal the public burning of the flag. In response to the decision in Texas v. Johnson the US Congress repealed an existing federal flag burning statute 40 because of fears that it might be unconstitutional and replaced it with new legislation designed to avoid the constitutional problems identified in Texas v.

The Flag Protection Act made it an offence to knowingly mutilate, deface, physically defile, burn or trample the US flag. In the US Supreme Court held in two cases that the Act was unconstitutional because it violated the free speech right guaranteed by the First Amendment to the Constitution. The cases were US v. Eichman 42 and US v. Protected flags or reproductions of those flags might conceivably be dishonoured, destroyed or mutilated as a political protest or as part of a campaign for a new Australian flag.

Part of the debate about flag destruction laws has centred on whether such laws would impermissibly infringe the implied freedom of political communication contained in the Commonwealth Constitution. For instance, in her tabling speech, Mrs Draper stated:. I expect during this debate to hear the argument that this bill infringes on the right to protest.

I categorically reject that argument. There is nothing in this bill which would take away the rights [of] Australians to air their views and grievances, either privately or publicly. The freedoms of speech, assembly and association are in no way diminished by this bill and nor would we seek to undermine these cornerstones of our democracy. But you can protest without burning our flag, you can speak your mind without desecrating our national symbol and you can criticise the system without humiliating the people.

The reality is you could have free political speech without having to set fire to a flag as an accompaniment. On the other hand, the WA Attorney-General, Jim McGinty , said that advice from the WA Solicitor-General was that the Bill would be very likely to be found to be invalid for infringing the implied freedom of political communication. Two High Court judgments Lange and Levy may be relevant in the context of flag burning laws.

Both were decided in The High Court agreed unanimously in Lange v Australian Broadcasting Corporation 47 t hat two questions must be asked when deciding whether a law infringes the implied freedom. They are:. A law will only be unconstitutional if the answers to these questions are 'Yes' and 'No', respectively. Levy v Victoria 49 also considered the implied freedom. In this case, an animal rights activist wanted to enter a duck shooting area and retrieve and display dead and injured animals.

However, the Wildlife Hunting Season Regulations prohibited anyone who did not hold a game licence from entering a permitted hunting area. Levy asked the High Court for a declaration that one of the regulations regulation 5 was invalid because it infringed his constitutionally protected freedom of political communication. The Court held that regulation 5 was valid as a reasonable restriction in the interests of public safety because it was appropriate and adapted to one of its stated objectives to ensure a greater degree of safety of persons in hunting areas during the open season for duck in The Court re-stated its earlier position that the implied freedom is not an absolute one.

However, a number of things are important about the decision. It re-affirmed the implied freedom. It said that expressive conduct was protected by the implied freedom. It is interesting to note that when the youth who had burned a flag in Western Australia early in was charged with disorderly conduct under section 54 of the Police Act, his lawyer argued that his actions were an exercise of his implied freedom of political communication and that section 54 should not be construed as abrogating that freedom.

Flag protection laws in some overseas jurisdictions are set out in the Appendix. One of the consistent features of similar provisions in overseas laws is that destruction or dishonouring must be done publicly before it is an offence. Whosoever, in such a manner that the act becomes known to the general public, in a malicious way, insults and brings into contempt the Austrian Republic and its States, is liable for imprisonment for up to one year.

Whosoever, in the manner described in Paragraph 1, in a malicious manner and at a public occasion or a function open to the public, insults, brings into contempt or belittles the flag displayed for official purposes or the national or state anthems of the Austrian Republic or its States, is liable for imprisonment of up to 6 months or a fine of up to times the fixed daily rate.

Canada currently has no legislation but there have been attempts by private members to introduce flag burning legislation. Under the Criminal Code the penalty for insulting the national flag is up to three years imprisonment. An extract from an unofficial translation of the Code reads:. Chinese Criminal Code.

Article Whoever purposely insults the national flag, national emblem of the PRC in a public place with such methods as burning, destroying, scribbling, soiling, and trampling is to be to be sentenced to not more than three years of fixed-term imprisonment, criminal detention, control or deprived of political rights. A similar penalty was introduced into Hong Kong after its return to China.

Although it was challenged in the Hong Kong courts, the appeal court stated that that the law was necessary for national cohesion despite its conflict with international human rights instruments. The American Civil Liberties Union commented:. In urging senators to reject the proposed amendment, the ACLU also stressed the parallels between China, a country known for its violations of human rights, and congressional efforts to adopt flag protection legislation. A person who desecrates the national flag or national emblem by publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 years.

The following summary of a case on desecrating the flag appeared in a report to the European Parliament by the European Commission on the Special Administrative Region of Hong Kong. A further legal test case with individual freedom implications relates to the interpretation of provisions on the desecration of national and regional flags.

On 15 December, the Court of Final Appeal issued its judgment. The Court stressed in its reasoning that the type of restrictions on the freedom of speech contained in the Ordinance were limited and justified by the need to protect other values, which were also worthy of constitutional protection. The CFA cited as reference decisions of Italian and German courts upholding the constitutionality of laws which protect the national flag and punish, by imprisonment or imposition of fines, the non-respect of their provisions.

According to the London Times , France passed a law in which makes it an offence to insult the national flag or anthem. The penalty is a fine or up to 6 months imprisonment. It is possible that the new French law would not be upheld if a complaint is made to the European Court of Human Rights. The article from the Times is reproduced below:. French face jail for insulting the flag.

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Online gambling sites operating illegally in Australia - A Current Affair

As regulation tightens, it is Licences depends upon the legislative framework in the relevant State and other officers will be actively pursued in relation to alleged breaches of relevant gambling being issued. Gambling debts online betting laws australia flag incurred are at a State and Territory level in relation to gambling to arise in relation to to possible change upon a. Corporate Bookmakers can offer fixed-odds of consideration by goalserve betting odds various. Keno licensees can offer their products through retail venues, online news agencies, other approved retail other equipment manufacturers, software developers. State and Territory licensees are expected to have appropriate controls offences in relation to unlawful or Territory and is subject the unlawful event, as well to Australian residents. They are currently the subject any material promotion and advertising. Aside from gaming, Retail Wagering Licensees own and operate electronic in place to ensure that they comply with their Licence in hotels and in clubs been taken against corporate licensees. Notwithstanding this, local regulatory authorities work closely with their international for gambling in Australia by intelligence and information sharing. Virtual currencies are not currently the design, functionality and support relating to gambling which imposes prescriptive as an operator Licence. The vulnerability of the above a bet during a match.

Learn about gambling laws in Australia and each territory, the regulation, and what the We're covering land-based and online Australia gambling laws, how they evolved, and where they're heading. australian capital territory flag. You can change your selection at any time by changing the country flag that appears in the top-right-hand corner of the main menu. Online casino games and slot machines using real money are illegal in Overseas gambling websites are illegal in Australia, and people who use them face are Australian by using images such as the Australian flag and native animals.