Gambling reforms Department of Social Services, Australian Government
For placing bets on racing and sports, online providers include TAB, Ladbrokes, neds, Sportsbet, Unibet and bet365. The main reason there is no one legal definition of gambling in Australia is that regulation occurs at a state and territory level in addition to the Commonwealth. This means that gambling laws vary across the country and are overseen by different authorities, including within some states themselves. All online gambling providers must use the same messaging about the risks and potential harm of gambling. Many legal online wagering operators in Australia are licensed in the Northern Territory, so clients can apply to the Northern Territory Government to ban themselves from multiple operators.
Find out more about this and see the list of currently blocked illegal gambling websites on the ACMA website. Despite the huge sums of money running through online gambling operators, some have overseen a slump in their reported profits, which has raised eyebrows. Sometime in the next few weeks, the federal government will impose restrictions on gambling advertising that will fall far short of the blanket ban for which many are calling. Minister Bill Shorten said a ban on gambling adverts would only undermine these networks, which are “under attack” from digital media platforms last week.
Online gambling – make sure you use a legal operator
AUSTRAC has also commenced proceedings against The Star and undertaken enforcement investigations in relation to global corporate bookmakers. 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. The NSER, which operates under the name ‘BetStop’, commenced operations in August 2023 and is currently under review, with consultations expected later in 2024 and the consultant appointed to conduct the review expected to report his findings within 18 months. Some argue that the prohibition of online casinos and pokies has driven Australian residents to offshore websites, which may pose greater risks due to their lack of regulation. There is also the issue of potential tax revenue that the Australian government could collect if online gambling services were legalized and regulated. Only local operators holding relevant licences may offer gambling products to Australian residents.
In all, the state has more than 85,000 poker machines in clubs, pubs and casinos, a situation that has sparked an uproar from even the union movement which earlier this year called for an urgent reduction in pokie numbers. "There are casinos on every corner," one American operator then complained to your correspondent. Back in the mid-1980s, Las Vegas emissaries arrived in Sydney en masse, frothing at the prospect of a government-sanctioned monopoly casino in what appeared to be gambling heaven.
- Online gambling service providers cannot provide credit to people who gamble on their site or app (with limited exemptions).
- All licences are subject to strict restrictions as set out in the relevant legislation and also, typically, separate licence conditions and agreements with the licensing bodies.
- Casino licensees cannot offer online casino games in Australia (it is prohibited under the Interactive Gambling Act, which also prohibits online poker).
- Notwithstanding the ongoing consideration by gambling regulators including the NTRWC, AUSTRAC regulates digital/virtual currencies as involving ‘designated services’.
How do I make a complaint about a licensed online gambling provider?
The Interactive Gambling Act provides that it is unlawful for overseas-based operators not holding a relevant state or territory licence to advertise or provide online gambling services to Australian residents. State and territory governments have responsibility for the licensing and regulation of all gambling products and services, including interactive gambling services and land-based gambling (e.g. pokies and casinos). These offshore websites are not subject to Australian laws and regulations, meaning they can legally offer online gambling services to Australian residents. Since Australian-based operators are not permitted to offer casino login au online casinos and pokies, many residents turn to offshore gambling websites to access these services. 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).
Online gambling and online casino gaming laws and regulations in Australia
You can make a complaint to ACMA if you think a website offers illegal gambling services. Symptoms of online gambling addiction withdrawal refer to the reactions that occur when an individual with a gambling addiction attempts to stop or reduce their gambling activities. Casino table gaming and gaming machines, Retail Wagering, lotteries and keno all require an operator licence, which is typically long-dated and is granted by the relevant Australian state or territory.
There are comprehensive federal, state and territory advertising restrictions that apply to the lawful advertising of gambling services. In addition to the compulsory responsible gambling messages and warnings, it is an offence to advertise an inducement to open a betting account or to refer another person to open a betting account and, in some jurisdictions, to gamble or to gamble more frequently. Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities are also required to hold a relevant licence (including providers of gaming machine monitoring services). Such licences often require the licensee to comply with complex national standards, as adopted by the relevant state or territory. While online casinos and pokies operating within Australia are prohibited under the IGA, online sports betting and lotteries are legal in Australia, provided they are offered by licensed operators. In other words, while it is illegal for companies to offer online casinos and pokies to Australian residents, it is not explicitly illegal for Australian residents to use these services.
Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct (including through advertising). Various codes of conduct also apply to the advertising of gambling in Australia. The authors note that in January 2024, the Special Manager of Crown Melbourne submitted his final report to the Victorian regulator setting out his assessment of the effectiveness and sustainability of Crown Melbourne’s reforms. The Victorian regulator subsequently announced in March 2024 that it was satisfied that Crown Melbourne was suitable to operate the casino and that it was in the public interest for the casino licence to remain in force. Gaming machine permits/licences have typically been perpetual in Australia, other than in certain states such as Vic, which currently run for a period of 10 years (however, the term has been extended to 20 years in relation to entitlements that operate from August 2022 onwards). There’s no harm in exploring your options to take a break or block yourself from gambling online.
It is different in New Zealand, however, with online casinos and pokies being legal. NZ punters can claim promotions such as no deposit free spins when joining an online casino. BetStop – the National Self-Exclusion RegisterTM lets you exclude yourself from all Australian licensed online and phone wagering services in a single step. The government introduced the register under the National Consumer Protection Framework.
The Australian gambling landscape is complex, with each state and territory having its jurisdiction over gambling regulations. However, there is overarching federal legislation – the Interactive Gambling Act 2001 (IGA) – that sets the foundation for online gambling across the country. The IGA was introduced to protect Australian residents from the potential harms of interactive gambling services, including online casinos and pokies. At a federal level and in relation to anti-money laundering and counter-terrorism financing compliance, a large Australian gambling company paid a civil penalty of AUS $45 million to AUSTRAC in relation to admitted breaches of the AML/CTF Act. More recently, AUS $450 million and AUS $67 million civil penalties have been applied to two operators in the casino sector.
Australia’s leading specialist gambling law, regulatory and compliance advisory. Beginning from 26 November 2018, the measures within the National Framework have been implemented www.qld.gov.au progressively. Some measures are already in place through the Commonwealth’s Interactive Gambling Amendment Act 2017 and state and territory regulations. Interactive gambling consists of gambling activities which take place on broadcasting, datacasting and online platforms. The reason broadcasters can pay such huge amounts for rights is, in addition to the huge audience, the betting operators are a large source of income to enable the widescale distribution of the product.