Australian Communications and Media Authority v Jones (No 4) [2023] FCA 834

Australian Communications and Media Authority v Jones (No 4) [2023] FCA 834

A penalty of $5,000,000 was appropriate because Diverse Link deliberately provided an unregulated prohibited interactive gambling service for 395 days, received at least approximately $4,200,000 in deposits linked to the contravening conduct, caused significant risk and loss to the Australian community, did not cooperate with the ACMA or the proceedings, and the first civil penalty proceedings under s 15(2A) required a penalty sufficient for general deterrence that was above the cost of doing business but not oppressive.

Jurisdiction
Australia
Judgment Date
24 July 2023
Procedural Posture
Civil Penalty Proceeding for Contraventions of S 15(2 A) of the Interactive Gambling Act 2001 (cth) / Penalty Fixed After Default Judgment and Declarations in Australian Communications and Media Authority V Jones (no 3) [2023] FCA 511
Outcome
Penalty fixed against the second respondent.
Legal Topics
['prohibited Interactive Gambling Service' 'australian Customer Link' 'civil Penalty Assessment' 'general Deterrence' 'totality Principle' 'default Judgment']
['corporations' 'regulator and Consumer Protection' 'interactive Gambling Regulation' 'civil Penalties'] ['prohibited Interactive Gambling Service' 'australian Customer Link' 'civil Penalty Assessment' 'general Deterrence' 'totality Principle' 'default Judgment']

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Procedural Posture

Civil Penalty Proceeding for Contraventions of S 15(2 A) of the Interactive Gambling Act 2001 (cth) / Penalty Fixed After Default Judgment and Declarations in Australian Communications and Media Authority V Jones (no 3) [2023] FCA 511

Legal Issues

  1. 1 ['What pecuniary penalty should be imposed on Diverse Link Pty Ltd for contraventions of s 15(2A) of the Interactive Gambling Act 2001 (Cth).' 'Whether the proposed penalty of $5,000,000 was appropriate to achieve general deterrence without oppressive severity.' 'How the maximum penalty, the duration and seriousness of the contravening conduct, deposits received, lack of cooperation, and statutory penalty factors should inform the penalty.']

Ratio Decidendi

A penalty of $5,000,000 was appropriate because Diverse Link deliberately provided an unregulated prohibited interactive gambling service for 395 days, received at least approximately $4,200,000 in deposits linked to the contravening conduct, caused significant risk and loss to the Australian community, did not cooperate with the ACMA or the proceedings, and the first civil penalty proceedings under s 15(2A) required a penalty sufficient for general deterrence that was above the cost of doing business but not oppressive.

Court Disposition

Penalty fixed against the second respondent.

Orders

  • ['The second respondent, Diverse Link Pty Ltd ACN 641 292 088, pay to the Commonwealth a penalty for the contraventions of s 15(2A) of the Interactive Gambling Act 2001 (Cth) in the sum of $5,000,000.00.']