How can an interactive gambling operator reasonably be expected to differentiate customers located in Australia from customers located outside Australia?
Clause 15 of the IGA provides for a defence of ‘reasonable diligence’ to the offence of providing an interactive gambling service to customers in Australia. In other words, an interactive gambling service provider facing a charge under the main offence provision of the IGA would have to demonstrate that it put in place reasonable measures to prevent Australian customers from accessing its services. Various technologies and methods exist for ascertaining the physical location of a customer of a service on the internet. These range from advanced geographical location software to a requirement that customers prove their identity and location offline before the service is provided. There is recognition that none of these methods is failsafe. The IGA does not mandate any particular technology or method for interactive gambling service providers to use. Instead, it describes various elements that a court could take into account in assessing a defence of reasonable diligence. These matters in
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