In Australia, gambling compliance requirements vary by state or territory and by the type of gambling service offered. Due to the nature of gambling and its potential risks, it is crucial for operators to comply with regulations designed to protect consumers and promote responsible gambling. Recently, there have been increasing calls for a ban on or stricter restrictions for gambling ads as well as implementing cashless gambling cards with preset limits. More online gambling operators like Gigabet and Titanbet are entering the market, and more people are participating in various forms of online betting, including sports betting, casino games, poker, and more.
New South Wales uses the Betting and Racing Act 1998 for wagering, and Queensland relies on the QOLGR for licensing. The IGA 2001 handles online gambling at the federal level, while states and territories regulate land-based and some online activities. This section covers the differences between federal and state laws, pokies regulations, and private gambling rules.
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). The federal government has enacted ‘rules’ that restrict gambling advertising and odds promotion during broadcasts of live sport, with one key objective being to limit its exposure to children. Hotels and clubs are permitted to provide approved gaming machines in the licensed premises. Lotteries licensees can offer their approved lottery products through retail newsagencies, other approved retail venues, third-party agents, resellers and also online.
Other regulatory action has been taken for responsible gambling, advertising-related and other matters. Legislation prohibits bets being taken by a Corporate Bookmaker on the outcome of a lottery (that is, ‘synthetic lotteries’). The state and/or territory taxes that apply to gambling products depend upon the relevant licence under which the product is being offered, the type of product and also the jurisdiction in which the product is offered.
Have fines, licence revocations or other sanctions been enforced in your jurisdiction? What appetite for and track record of enforcement does your local regulatory authority have? State and territory laws often also contain a range of offences in relation to unlawful gambling, which can include organising the unlawful event, as well as participating in it. Whilst federal, state and territory laws and regulations are often capable of being contravened by directors and other officers of licensees, recent regulatory action has been taken against corporate licensees only. The regulator responsible for enforcing the Interactive Gambling Act, the ACMA, has consumer protection responsibilities and powers relating to the enforcement of prohibitions on providing or advertising illegal interactive gambling services. 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. Advocates of cashless gaming consider that it will assist in identifying and preventing improper use of poker machines and mitigate gambling harm when coupled with the use of mandatory pre-commitment limits.
Gamblers will be required to set limits for how long they play, how much they spend and lose, and will no longer be able to play when they reach any of these benchmarks. Mandatory carded play will require patrons to swipe or tap a card before they can gamble, even if playing with cash. Identity verification, cash limits and a compulsory code of conduct for "safer gambling" are among sweeping reforms to Queensland casinos, passed this week. Queensland casinos to have cash limits, new penalties in gambling reforms prompted by Star Entertainment Group Brisbane report There has been significant growth in this area with various business models implemented (including ‘membership-style’ businesses) which have been investigated by regulatory authorities and are the subject of litigation in the SA. The ACMA has a range of enforcement tools available to it which include directing internet service providers to block sites which are deemed to be operating in breach of the Interactive Gambling Act. The ACMA has been particularly active in taking action against illegal gambling operators offering or promoting their services to Australians.
In 2023, the National Consumer Protection Framework for Online Wagering introduced measures like BetStop, the National Self-Exclusion Register. These bodies license operators, enforce rules, and promote responsible gambling. The Interactive Gambling Act 2001 (IGA) is the main federal law governing online gambling in Australia.
For completeness, the authors note that the list of gambling- related legislation below is not an exhaustive list. Any skill games and competitions with no element of chance are not typically regarded as gambling, but may still fall within certain gaming regimes when operated in a land-based context. Any skill games and competitions with no element of chance are not typically regarded as gambling, but may fall within certain ‘interactive gaming’ regimes when operated online and be regulated by state and territory gambling regulators.