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Upper Austrian Provincial Law Gazette No 41/2018 – issued on 30 May 2018 3 of 3

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PROVINCIAL LAW GAZETTE

FOR UPPER AUSTRIA

Volume 2018 Issued on 30 May 2018 www.ris.bkba.gv.at

No 41 Provincial Act: Provincial Act amending the Upper Austrian Betting Act (28th Legislative Period: Government Bill Supplement No 564/2017, Committee Report Supplement No 697/2018, 25th Provincial Parliament session; Directive (EU) 2015/849, OJ L 141, 5.6.2015, p. 73 [CELEX No: 32015L0849])

Provincial Act


Article I

The Upper Austrian Betting Act, Provincial Law Gazette No 72/2015, is amended as follows:
The Upper Austrian Betting Act, Provincial Law Gazette No 72/2015, is amended as follows:

1. The following wording is added to § 3(3) subparagraph 2:

‘a commercial owner as defined by § 2 subparagraph 3 of the Financial Market Anti-Money Laundering Act, Federal Law Gazette I No 118/2016, as amended by the Federal Act published in Federal Law Gazette I No 136/2017, also fulfils these requirements and’

2. The following paragraph 3 is added after § 5(2):
2. The following paragraph 3 is added after Section 5(2):

‘(3) Betting outlets must remain closed in the period between 12 a.m. and 6 a.m. If the betting outlet is located on the premises of an establishment authorised under trade law, the hours of operation of the business establishment shall also apply to the betting outlet. Proof of the hours of operation that are approved under trade law must be furnished to the Provincial Government as part of the communication pursuant to paragraph 1.’
‘(3) Betting outlets must remain closed in the period between 12 a.m. and 6 a.m. If the betting outlet is located on the premises of an establishment authorised under trade law, the hours of operation of the business establishment shall also apply to the betting outlet. Proof of the hours of operation that are approved under trade law must be furnished to the Provincial Government as part of the communication pursuant to paragraph 1.’

3. In § 6(5), the word ‘four’ is replaced by the word ‘eight’.

4. § 7(1) shall read as follows:

‘(1) Only individuals who have turned 18 may be allowed to participate in a bet and only they may be solicited as betting customers. In cases of doubt, the presence of this condition must be verified by presentation of an official photo ID which complies with the requirements laid down in § 6(2) subparagraph 1 of the Financial Market Anti-Money Laundering Act, Federal Law Gazette I No 118/2016, as amended by the Federal Act published in Federal Law Gazette I No 136/2017.’
‘(1) Only individuals who have turned 18 years of age may be allowed to participate in a bet and only they may be solicited as betting customers. In cases of doubt, the presence of this condition must be verified by presentation of an official photo ID which complies with the requirements laid down in § 6(2) subparagraph 1 of the Financial Market Anti-Money Laundering Act, Federal Law Gazette I No 118/2016, as amended by the Federal Act published in Federal Law Gazette I No 136/2017.’

5. The following paragraph 2a is inserted after § 7(2):

‘§ 8
Measures against money laundering

(1) By way of measures designed to prevent money laundering and the financing of terrorism, the betting company shall fulfil all commitments arising on their behalf from the analogous application of the following provisions of the Gaming Act, Federal Law Gazette No 620/1989, as amended by the Federal Act published in Federal Law Gazette I No 107/2017: § 31c(1), § 31c(2) subparagraph 3 and § 31c(2) subparagraph 4, whereby an identity check as per § 31c(2) subparagraph 1 must also be performed in any event in these instances, and § 31c(2) subparagraph 6, § 31c(3) subparagraph 1 and § 31c(3) subparagraph 2 for the area of betting terminals.
(1) By way of measures designed to prevent money laundering and the financing of terrorism, the betting company shall fulfil all commitments arising on their behalf from the analogous application of the following provisions of the Gaming Act, Federal Law Gazette No 620/1989, as amended by the Federal Act published in Federal Law Gazette I No 107/2017: § 31c(1), § 31c(2) subparagraph 3 and § 31c(2) subparagraph 4, whereby an identity check as per § 31c(2) subparagraph 1 must also be performed in any event in these instances, and § 31c(2) subparagraph 6, § 31c(3) subparagraph 1 and § 31c(3) subparagraph 2 for the area of betting terminals.

(2) The Provincial Government must ensure that the betting companies receive information within the meaning of § 31c(4) of the Gaming Act, Federal Law Gazette No 620/1989, as amended by the Federal Act published in Federal Law Gazette I No 107/2017.
(2) The Provincial Government must ensure that the betting companies receive information within the meaning of § 31c(4) of the Gaming Act, Federal Law Gazette No 620/1989, as amended by the Federal Act published in Federal Law Gazette I No 107/2017.

(3) When exercising their supervisory powers under this Provincial Act on the prevention of money laundering and the financing of terrorism, the Provincial Government shall apply, mutatis mutandis, the provisions of § 25(2) of the Financial Market Anti-Money Laundering Act, Federal Law Gazette I No 118/2016, as amended by the Federal Act published in Federal Law Gazette I No 136/2017.
(3) When exercising their supervisory powers under this Provincial Act on the prevention of money laundering and the financing of terrorism, the Provincial Government shall apply, mutatis mutandis, the provisions of § 25(2) of the Financial Market Anti-Money Laundering Act, Federal Law Gazette I No 118/2016, as amended by the Federal Act published in Federal Law Gazette I No 136/2017.

(4) If it is suspected by the authority responsible for verification, or if there are justifiable grounds for believing, that a transaction is for the purpose of money laundering, the Financial Intelligence Unit shall be notified of this immediately.’

7. In § 9 subparagraph 3, the full stop is replaced by ‘, or’; the following points 4 and 5 are added to subparagraph 3:
7. In § 9 subparagraph 3, the full stop is replaced by ‘, or’; the following points 4 and 5 are added to subparagraph 3:

‘4. Bets where the value of the stake exceeds EUR 500, or

5. live bets, excluding bets placed on a (numerical) interim or final result or an event deriving therefrom, or on which individual or team will next improve their standing (e.g. scores the next goal or obtains the next point).’

8. The following paragraphs 2a to 2d are inserted after § 15(2):
8. The following paragraphs 2a to 2d are inserted after § 15(2):

‘(2a) If the transgressions as per paragraph 1 subparagraph 9 concern serious, repeated or systematic transgressions or a combination of the same, the fine shall be up to double the amount of the profits realised as a result of the transgression, if these amounts can be quantified, or up to one million euros.


Article II

(1) This Provincial Act shall enter into force on the day following its announcement in the Provincial Law Gazette for Upper Austria.
(1) This state act shall enter into force on the day of its publication in the State Law Gazette for Upper Austria.

(2) Betting companies must adapt their betting conditions and betting slips and carry out the analyses as per Article I subparagraph 6 (§ 8) within three months of the entry into force of this Provincial Act.
(2) Betting companies must adapt their betting conditions and betting slips and carry out the analyses as per Article I subparagraph 6 (§ 8) within 3 months of the entry into force of this Provincial Act.

(3) This Provincial Act has been subjected to an information procedure within the meaning of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification), OJ L 241, 17.9.2015, p. 1.
(3) This Provincial Act has been subjected to an information procedure within the meaning of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification), OJ L 241, 17.9.2015, p. 1.

Page 3
The First President
of the Upper Austrian Provincial Parliament: The Governor: Viktor Sigl Mag. Stelzer

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