Aside from Retail Wagering conducted by Retail Wagering Licensees, bookmaking in Australia is only permitted under a sports bookmaker Licence issued in the Northern Territory Corporate Bookmaker Licence , or alternatively an on-course bookmaker Licence issued in a State or Territory On-course Bookmaker Licence to an individual or sometimes incorporated bookmaker licensed by the relevant racing controlling body On-course Bookmaker.
There is no limit on the number of Corporate Bookmaker Licences the NT may issue and Corporate Bookmakers are only permitted to operate online and via telephone. By comparison, in a practical sense there is a limit on the number of On-course Bookmaker Licences which are capable of being issued based on available stands.
On-course Bookmakers can accept bets on-course, as well as over the telephone and via the internet where appropriately licensed. Fantasy sports betting in Australia is typically permitted under a Corporate Bookmaker Licence. The only exception to this is in relation to a casino operator Licence, which typically includes permission to operate gaming machines within the casino premises.
The authors note that the relatively new casino operator Licence in NSW, issued for the Barangaroo casino, does not include permission to operate gaming machines and that the NSW government has granted exclusivity to operate gaming machines to the other major NSW casino licensee until Laws differ between the States and Territories regarding bingo.
If the gross proceeds are below a certain threshold, then in most States and Territories no Licence is required to offer bingo. As a general rule, social games no prize money and skill games no element of chance are not classified as being a gambling activity and, as such, are not generally regulated under the relevant gambling laws.
For completeness, the authors note that betting on fantasy sports in Australia is typically offered pursuant to a Corporate Bookmaker Licence. 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. Corporate Bookmakers offer fixed odds betting online and over the telephone on sport, racing and other approved events, whereas On-course Bookmakers offer fixed odds betting on-course and, subject to approval, also over the telephone and in some instances online on similar events as a Corporate Bookmaker.
Sometimes an On-course Bookmaker will be licensed to offer fixed odds betting on racing only. Gaming machines are offered in casinos, hotels and clubs. Gaming machines in WA can only be offered in the casino. Bingo is often regarded as minor gaming and may be conducted for fundraising or charitable purposes, typically by a community or other not-for-profit organisation.
A State or Territory Licence is typically required to operate a bingo centre in the relevant jurisdiction. Each State and Territory has a relevant Casino Control Act or similar legislation under which casino Licences have been issued. There are currently 14 casino Licences on issue, with a process underway for the expected development of an integrated resort and casino in northern Queensland.
A casino Licence permits the relevant casino to typically offer traditional table games and gaming machines. There is co-mingling of State and Territory totalisator pools through pooling arrangements, with three Australian totalisator pools currently in existence. Corporate Bookmakers offer online and telephone fixed-odds betting on racing, sports and other approved events. All fantasy betting typically occurs through Corporate Bookmakers in Australia.
On-course Bookmakers holding an On-course Bookmaker Licence offer fixed-odds betting at racecourses and, where appropriately licensed, over the telephone and via the internet. There are often strict local government planning requirements which must be met in relation to gaming machines. Such Licences often require the licensee to comply with complex national standards, as adopted by the relevant State or Territory.
The processes are generally quite extensive, and it can sometimes take up to 12 months or longer for State and Territory gambling regulators to complete, in relation to new applicants seeking major Licences. Casino Licences can typically only be applied for through a competitive tender process run by the relevant State or Territory.
The same applies in relation to Retail Wagering Licences and also lotteries and keno Licences. The number of Licences available is limited typically only one per State and Territory, except in the case of current casino Licences held in each of Qld, NT and NSW and the processes are very infrequent. An application for a Corporate Bookmaker Licence issued in the Northern Territory, or an application for an On-course Bookmaker Licence, typically takes between three and six months for approval and can be made at any time.
There is no prescribed maximum number of Licences which can be issued, however in a practical sense there are limitations in respect of the number of On-course Bookmaker Licences which could be issued. The same applies in relation to any permit required to operate bingo. The number of gaming machines available in each State and Territory is strictly regulated.
In the case of a casino, it will depend upon the relevant casino Licence. All Licences are subject to strict restrictions as set out in the relevant legislation and also, typically, separate Licence conditions. 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.
Exception—premises of providers Exceptions—management advertisements etc Exception—advertisements of a kind specified in the regulations Publish does not include broadcast or datacast Exception—trade communications Exception—advertisements in telephone directories Exception—ordinary activities of exempt libraries Exception—acknowledgments of assistance or support Accidental or incidental broadcast or datacast permitted Broadcast or datacast of advertisements during flights of aircraft Accidental or incidental publication permitted Publication by person not receiving any benefit permitted Publication of advertisements during flights of aircraft Failure to broadcast, datacast or publish advertisement not actionable if this Part would be contravened Application of Criminal Code Conduct by directors, employees and agents Civil penalty provisions—formal warnings Civil penalty provisions—enforcement Civil penalty provisions—infringement notices Civil penalty provisions—injunctions Service of notices Application of the Broadcasting Services Act Operation of State and Territory laws This Act may be cited as the Interactive Gambling Act In this Act, unless the contrary intention appears:.
Australia , when used in a geographical sense, includes the external Territories. Australian police force means:. To avoid doubt, the fact that a club or association provides services to its members does not prevent those services from being services provided in the course of carrying on a business.
Federal Court means the Federal Court of Australia. For this purpose, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act Unless the contrary intention appears, a reference in this Act to the use of a thing is a reference to the use of the thing either:.
For the purposes of this Act, credit is provided by a person the creditor to another person the debtor if, under a contract, arrangement or understanding:. This Act extends to every external Territory. Unless the contrary intention appears, this Act extends to acts, omissions, matters and things outside Australia. If a person the first person has reason to believe that another person has contravened a provision of:. If a person has reason to believe that:.
A person is not entitled to make a complaint under this Division unless the person is:. Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith:. Internet content may be notified in accordance with this Division by:. The following is a simplified outline of this Part. For the purposes of this Act, an industry code is a code developed under this Part whether or not in response to a request under this Part.
For the purposes of this Act, an industry standard is a standard determined under this Part. For the purposes of this Act, the following matters are designated internet gambling matters :. Matters that must be dealt with by industry code or industry standard. The ACMA may issue a formal warning if an internet service provider contravenes an industry code registered under this Part. A standard under this subsection is to be known as an industry standard.
However, this subsection does not affect:. The ACMA may issue a formal warning if an internet service provider contravenes an industry standard registered under this Part. The ACMA may, by legislative instrument, vary an industry standard that applies to internet service providers if it is satisfied that it is necessary or convenient to do so to provide appropriate community safeguards in relation to either or both of the designated internet gambling matters.
For the purposes of this Act, each of the following is an online provider rule :. The ACMA may issue a formal warning if a person contravenes an online provider rule. Civil proceedings do not lie against an internet service provider in respect of anything done by the provider in compliance with:. In this Part, unless the contrary intention appears:.
Words, signs or symbols that appear in or on land or buildings occupied by a designated interactive gambling service provider do not, when so appearing, constitute a designated interactive gambling service advertisement but this does not prevent a still or moving picture, or other visual image, of words, signs or symbols that so appear from being a designated interactive gambling service advertisement.
To avoid doubt, none of the following constitutes a designated interactive gambling service advertisement:. Related bodies corporate taken to be associated with each other. The regulations may provide that an advertisement of a kind specified in the regulations is not a designated interactive gambling service advertisement for the purposes of this Part. For the purposes of this Part, the broadcasting or datacasting of a designated interactive gambling service advertisement by a person does not amount to the publication of the advertisement by the person.
For the purposes of this Part, the communication of information that is or includes a designated interactive gambling service advertisement to a group of people all of whom are involved in the provision of designated interactive gambling services, does not, of itself, amount to a publication of the designated interactive gambling service advertisement.
Nothing that a person does for the purposes of the ordinary activities of an exempt library amounts, for the purposes of this Part, to a publication of a designated interactive gambling service advertisement.
For the purposes of this Part, the publication of an acknowledgment of assistance or support does not amount to the publication of a designated interactive gambling service advertisement if it complies with regulations made for the purposes of this section that permit the publication of such acknowledgments.
Civil proceedings do not lie against a person for refusing or failing to broadcast, datacast or publish a designated interactive gambling service advertisement if the broadcast, datacast or publication is prohibited by this Part. Provision of a broadcasting service under a class licence. The ACMA may issue a formal warning if a person contravenes:. In addition to other methods of giving a notice, a notice under this Act may be given by fax. The following provisions of the Broadcasting Services Act have effect as if each reference in those provisions to that Act included a reference to this Act:.
This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act. Endnote 1—About the endnotes. The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:. The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4. Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended or will amend the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision generally section or equivalent level.
It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. The Legislation Act authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms.
Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments. A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. Endnote 2—Abbreviation key. Endnote 3—Legislation history. Application, saving and transitional provisions. Corporations Repeals, Consequentials and Transitionals Act Endnote 4—Amendment history. Skip to primary navigation Skip to primary content.
Interactive Gambling Act Act No. CC Table of contents. Interactive Gambling Act No. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
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