Australian police force — the ACMA must:
(i) refer the complaint to a member of an
Australian police force...”.
Under section 15 of the IGA, it is an
offence for a person to intentionally provide
an interactive gambling service with an
Australia-customer link. The penalty for
such an offence is 2000 penalty units per
day during which the contravention
continues. Higher penalties are applicable
for corporations under the
Crimes Act
1914.
Period of Offence
Throughout the ACMA assessment period
of 29 June 2015 the content was available
for Australians to access. It is highly likely
the prohibited content is still being
provided.
Incident Type
Date/Time Incident Start: Unknown
Date/Time Incident End: Unknown
Property/Fraud Value
Unknown
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various locations, have results in the ACMA forming the view that the content is hosted in
Australia.
Under the
Interactive Gambling Act 2001 (the IGA), the ACMA is not permitted to
investigate complaints relating to prohibited gambling content hosted in Australia. The
ACMA may, if it is considered warranted, refer the complaints to the AFP.
Under the IGA, the criminal offence is specific to providing an interactive gambling
service to customers in Australia.
Reason for referral to the AFP
The ACMA considers it is warranted to refer the matter to the AFP for investigation as:
•
The content assessed at URL
may be providing an
interactive gambling service to customers in Australia; and
•
The service is provided by an Australian registered business:
SUPPORTING DOCUMENTATION
(Evidence gathered in relation to offences identified. Please attach copies of relevant
documents and an Evidence Matrix)
Have you attached supporting documentation?
YES / NO
If yes, list the documents attached and the relevant benefit to the investigation:
File note of 24 July 2015 regarding
ADDITIONAL RELEVANT INFORMATION
The use of simulated telephone betting services on the internet continues to be an
issue reported in the media, and reflected in the complaints to the ACMA.
CONSIDERATION FOR A JOINT INVESTIGATION
Would your agency like this matter to be considered as a referral for joint
investigation? If so, the reason why and indicate your agency’s commitment in
providing resources as required. (For Criminal Investigation referrals only)
PART B – PROCEEDS OF CRIME
Additional consideration and information required for Proceeds of Crime Referral:
Has this matter been considered for proceeds of crime referral?
YES / NO
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Has pre-referral consultation occurred with the AFP Financial Investigation
Team (FIT)
YES / NO
Provide a statement of known and/or potential assets, accounts (etc)
suspected to be held by the suspect/s, defendants or relevant third parties.
Provide an analysis of all debt collection activity undertaken or planned by
your agency.
Your agency to provide a commitment to ongoing and forensic accounting
support in relation to the referral (if required).
Your agency is to be responsible for providing supporting material in an
appropriate form in order to support proceeds of crime recovery process.
PART C – REQUEST SEARCH WARRANT ASSISTANCE
Refer also: http://www.afp.gov.au/what-we-do/operational-support/search-warrants-
procedures.aspx
Location of search warrant(s)
Proposed timings of warrants and/or details of any critical time frame
Is your agency prepared to met any additional cost (ie. out of metropolitan
travel costs and any consumables utilised by the AFP)
YES / NO
Is the affidavit attached? (An investigator can consult the Commonwealth Director
of Public Prosecution (CDPP) before applying for a warrant. CDPP can assist with
checking warrants for format and technical issues, whilst the AFP is available to
check content)
YES / NO
If applicable, provide a nominated CDPP case officer
Has your agency considered all powers available, by virtue of their own
specific legislation, in order to gather evidence?
YES / NO
Any relevant circumstances (ie: the need for simultaneous warrants, multiple
suspects or anticipated requirement for AFP Forensic Services)
Other issues to be considered by your agency:
Whether the evidential material required is suitable for a criminal prosecution and not
for disciplinary, administrative or civil proceedings
Assurance that all relevant costs will be met by the requesting department (in
accordance with AFP guidelines)
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The agency’s capacity to ensure safekeeping of seized items and an undertaking to
account to the AFP as per guidelines
An undertaking to provide appropriate resources
Consideration of whether the execution of a search warrant is the most appropriate
course to pursue at the time
Determination of the department’s resource capacity to assist in the execution of the
search including specialist teams (ie: computer forensics)
Consideration of utilising the assistance of the AFP Financial Investigation, Forensic
Services or Information Management teams
Approval (at appropriate level) on behalf of the agency for the proposed course of
action to be taken
PART D – REQUEST FOR FORENSIC ASSISTANCE
What forensic capacity does the referring agency have or have access
to, including the use of private forensic consultants?
(Considering the nature of the investigation, the referral request, it may be
inappropriate to utilise private consultants.)
What Forensic assistance is sought from the AFP?
Handwriting and signature comparisons
(Determination of authorship, detection of simulations)
Typewriting examinations
(Identification of source typewriter, linking of documents, ribbon transcriptions)
Printed document examination
(Examination for latent handwriting indentations, detection and interpretation of
obliterations, erasures and alterations, document reconstructions tear line
matching and other forms of image enhancement)
Ink and paper examinations
(Differentiation of links, differentiations of papers)
Passport and identity document examinations
(Examination of counterfeit and altered passports, Australian and other
nationalities), travel visas, drivers licences and other forms of identification)
Determination of authenticity
(Examination of birth certificates, naturalisation certificates, security documents
and other official documentation)
High value document examinations
(Examination of travellers cheque, bank and personal cheques, Australian and
foreign currencies)
Credit card examination
(Examination of counterfeit and altered credit cards)
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Preliminary examinations
(Preliminary over the counter advice on most examination can provide the
investigator with valuable information that may impact on the direction of an
investigation)
Computer Forensics
Other (indicate if other Forensic assistance is sought)
Approved by:__________________________________________________
Phyllis Fong
Manager Community Broadcasting and Safeguards Section
Australian Communication and Media Authority
Date: 24 July 2015
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