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A breach of a Licence condition often triggers a breach of the relevant legislation, and vice versa. The main restriction of an operator Licence relates to what gambling activity can be offered and through which channel. Other restrictions include the usual requirement for regulatory approval of a new product, financial and other reporting to government and other relevant gambling regulators, strict advertising restrictions including in relation to inducements to open accounts and, in some jurisdictions, to gamble and responsible gambling obligations.
Corporate Bookmakers and On-course Bookmakers have similar Licence restrictions, although generally these are not as prescriptive as an operator Licence. A key obligation of a Corporate Bookmaker Licence is generally the requirement to establish a physical place of business in the NT thereby providing economic benefit to the NT, in addition to the Licence application fee, renewal fees and taxes , notwithstanding that most Corporate Bookmakers have head offices in other jurisdictions such as NSW or Vic.
A key obligation of an On-course Bookmaker in a number of jurisdictions is that the bookmaker must maintain a physical office on-course, even on days when racing is not occurring. In Australia, gambling harm issues are often associated with gaming machines and the Licence restrictions relating to the operation of gaming machines include more detailed responsible gambling obligations. These restrictions necessarily extend to the design, functionality and support required from gaming machine and other equipment manufacturers, software developers and technical services suppliers.
Any permit required for bingo is generally subject to very basic restrictions usually in relation to approved rules. Bingo is considered low-risk from a responsible gambling perspective. The duration of major operator Licences depends upon the legislative framework in the relevant State or Territory and is subject to possible change upon a Licence renewal or new Licence being issued.
There are various current casino Licences which are perpetual, whereas a number of others currently expire between and In relation to wagering and betting, apart from Vic and NT where the Licences expire in and , respectively and WA where retail wagering and betting is operated by the State but is currently being considered for privatisation, with a formal process now underway , the expiry dates of current Retail Wagering Licences are also similarly long-dated and range between and In the case of lotteries, aside from Tas where the Licence expires in and WA where lotteries are owned and operated by the State , the expiry dates are generally shorter than in relation to Retail Wagering; however, they still range between and Keno, as a similar product to lotteries, has a similar Licence duration.
The vulnerability of the above Licences to revocation or suspension is low. It is rare for material proceedings or other materially adverse action to be initiated by gambling regulators against major licensees. Please include in this answer any material promotion and advertising restrictions. Casino Licences provide that casinos are only permitted to offer casino games and gaming machines to patrons present within the casino. It is illegal to offer online casino gambling in Australia.
The Vic Licence includes not only wagering and betting but also a betting exchange. Corporate Bookmakers can offer fixed-odds betting on racing, sport and other approved events online and over the telephone. On-course Bookmakers offer substantially the same betting on-course and, subject to approval, also over the telephone and in some instances online.
Lotteries licensees can offer their approved lottery products through retail news agencies, other approved retail venues, third-party agents and also online. Keno licensees can offer their products through retail venues, online in-venue only in the case of NSW and online in the case of the ACT. Hotels and clubs are permitted to provide approved gaming machines in the licensed premises. There are comprehensive Federal, State and Territory advertising restrictions which apply to the lawful advertising of gambling services.
In addition to the usual responsible gambling warnings, it is an offence to advertise an inducement to open a betting account and, in some jurisdictions, to gamble. These rules have recently been extended to online streaming of live sport. Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct including through advertising. 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.
By way of example, putting aside a Federal company tax of either In addition, that licensee currently pays the State a tax of The relevant taxation amounts are reduced by the GST paid by the casino licensee in relation to these services. In addition to Vic, NSW and Qld, most States and Territories have recently introduced a POCT in respect of bets placed by their residents which is payable by the Retail Wagering Licensee, Corporate Bookmakers and any other relevant betting operator licensed in Australia, irrespective of the location of the relevant entity.
Vic, NSW and Qld also have similar compensatory arrangements. These fees are generally a percentage of turnover, or the greater of a percentage of turnover and gross margin, and depend upon the relevant product. Lotteries are subject to relatively high State and Territory taxation rates. By contrast, taxation of keno across the same three key States is Various States also set minimum player returns.
State and Territory taxes on gaming machine revenue are complicated and vary significantly. All gambling-related Licences issued by a State or Territory are subject to strict requirements relating to responsible gambling and harm minimisation. Included in this are restrictions at a State and Territory level in relation to gambling advertising and also inducements to open an account and, in some jurisdictions, to gamble.
In addition, the Federal government has also recently introduced amendments to the Interactive Gambling Act to restrict gambling advertising and odds promotion during broadcasts and online streaming of live sport, with more stringent restrictions occurring during the hours of 5.
In November , all State and Territory gaming Ministers agreed to a National Consumer Protection Framework NCPF for online wagering, which is in the process of being progressively implemented with the objective of having a nationally consistent approach to harm minimisation measures, such as a prohibition on inducements such as first deposit bonuses being offered to a prospective customer to open a betting account, mandatory opt-out pre-commitment and a national self-exclusion register which is expected to be established in Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?
Virtual currencies are not currently used as a real-money alternative for gambling in Australia by any of the major operator Licence holders. They are currently the subject of consideration by the various State and Territory gambling regulators. Notwithstanding the ongoing consideration by gambling regulators, Austrac regulates virtual currencies as a designated service. Only local operators holding relevant Licences may offer gambling products to Australian residents.
The Interactive Gambling Act provides that it is unlawful for overseas-based operators not holding a relevant State or Territory Licence to provide online gambling services to Australian residents. The regulator responsible for enforcing the Interactive Gambling Act, ACMA, was recently given extended consumer protection responsibilities and powers as part of the Review of Illegal Offshore Wagering, relating to the enforcement of prohibitions on providing or advertising illegal interactive gambling services.
Casino licensees cannot offer online casino games in Australia it is prohibited under the Interactive Gambling Act, which also prohibits online poker. Retail Wagering Licensees, Corporate Bookmakers, On-course Bookmakers and other licensed betting operators can offer online betting. Lotteries licensees can also offer their products online.
The ACT keno licensee can offer its product online and the NSW keno licensee can offer its product online in hotel and club venues only using geo-fencing technology. Such betting is limited to telephone betting and betting within a Retail Wagering environment. Some Australian casinos have started introducing skill-based gaming machines.
Aside from gaming, Retail Wagering Licensees own and operate electronic betting terminals EBTs in retail venues in a TAB, on-course, in hotels and in clubs to facilitate totalisator and fixed-odds betting. EBTs may be used to place live bets on sport. Most Retail Wagering Licensees also offer virtual racing in retail venues. State and Territory laws contain a broad range of provisions relating to gambling which imposes obligations on licensees, associates of licensees, staff, suppliers and sometimes customers.
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. As regulation tightens, it is expected that this will change going forward and that directors and other officers will be actively pursued in relation to alleged breaches of relevant gambling and related laws.
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. State and Territory licensees are expected to have appropriate controls in place to ensure that they comply with their Licence obligations, including relevant laws and any conditions attaching to their Licence. State and Territory-based gambling regulators have shown a willingness to work cooperatively with licensees in relation to possible breaches of local laws; however, recent prosecutions for breaches of advertising restrictions relating to inducements demonstrate that some offences will not be tolerated where appropriate warnings have been given and operators fail to meet the necessary standards.
Enforcement action by ACMA is also likely to increase given the breadth of their powers in relation to gambling advertising and odds promotion during live sport. The recent and proposed implementation of the various NCPF measures will also most likely result in increased enforcement action.
There are no international laws which would impact on liability or enforcement of local Federal, State or Territory laws in Australia relating to gambling service providers. Notwithstanding this, local regulatory authorities work closely with their international counterparts, including in relation to intelligence and information sharing. Gambling debts legally incurred are enforceable in Australia, however, any such debts are only likely to arise in relation to casinos in particular, with their VIP clients.
Corporate Bookmakers and On-course Bookmakers operating online were banned from offering credit to their customers in as part of the implementation of measures announced in relation to the NCPF. Have fines, licence revocations or other sanctions been enforced in your jurisdiction? Recent action by State and Territory based gambling regulators against Australian licensees have included a breach of Licence conditions by a casino and also breach of advertising restrictions by Retail Wagering Licensees, Corporate Bookmakers and other licensed Australian betting operators.
It is rare for material proceedings, or other materially adverse action, to be initiated by gambling regulators against major licensees. In NSW there is a current inquiry underway by ILGA in respect of this major casino licensee, which includes under its terms of reference the requirement to inquire and report on whether the licensee is a suitable person to continue to give effect to its licence.
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. Enforcement action by ACMA is likely to increase given the breadth of their powers in relation to gambling advertising and odds promotion during live sport.
The implementation of the NCPF will also most likely result in increased enforcement action. The key changes are: i the full implementation of the NCPF measures which are being progressively implemented through State and Territory laws and other instruments , as noted in question 2. This is likely to involve the establishment of the Australian Sports Wagering Scheme, in respect of which SIA are currently undertaking consultations with key stakeholders; and iii the possible legalisation of online poker as a game of skill.
Senet Legal Pty Ltd. Australia: Gambling Laws and Regulations ICLG - Gambling Laws and Regulations - Australia covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability — in 37 jurisdictions. Chapter Content Free Access 1. Relevant Authorities and Legislation 2. Application for a Licence and Licence Restrictions 3.
Enforcement and Liability 5. Anticipated Reforms. Relevant Product Who regulates it in digital form? Who regulates it in land-based form? See detailed response below table. Poker ACMA. Bingo Online bingo is regulated by the State and Territory gambling regulators detailed below.
Bingo is regulated by the State and Territory gambling regulators detailed below. Betting Betting Online betting is regulated by the regulators detailed below. Land-based betting is regulated by the regulators detailed below. There is currently no land-based betting on fantasy sports in Australia. Lotteries Lotteries Online lotteries are regulated by the regulators detailed below. Retail lottery sales are regulated by the regulators detailed below. Federal level The Australian Constitution provides the Federal government with powers to regulate and govern, among other things, telecommunications, money and trade amongst the States and Territories.
Set out below are the relevant regulatory bodies and a brief description of how they regulate gambling: 1. Relevant legislation As detailed above in question 1. Casino Control Act Vic. By way of example, Part 9. Relevant Act. Crimes Act Criminalises the possession, trafficking, use and administration of steroids. Schedule 1 lists a large number of Anabolic Steroids, most of which appear on the List. Poisons and Therapeutic Goods Act Criminalises the possession and trafficking of steroids.
Links key definitions to the TG Act. Drugs Misuse Act Imprisonment for 20 years for trafficking and possession. Drugs, Poisons and Controlled Substances Act
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