{"id":153920,"date":"2026-11-04T12:25:08","date_gmt":"2026-11-04T12:25:08","guid":{"rendered":"https:\/\/www.legal500.com\/guides\/?post_type=comparative_guide&#038;p=153920"},"modified":"2026-11-04T13:23:29","modified_gmt":"2026-11-04T13:23:29","slug":"australia-gambling-law","status":"publish","type":"comparative_guide","link":"https:\/\/www.legal500.com\/guides\/chapter\/australia-gambling-law\/","title":{"rendered":"Australia: Gambling Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-153920","comparative_guide","type-comparative_guide","status-publish","hentry","guides-gambling-law","jurisdictions-australia"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Addisons<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/10\/addisons.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Addisons<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/10\/addisons.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Gambling Law laws and regulations applicable in Australia<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal definition of gambling?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Australia, an activity will be regarded as gambling if the activity generally involves all the following elements:<\/p>\n<p style=\"padding-left: 40px\">a) the consideration element: the staking of money or any other provision of consideration of real-world value;<\/p>\n<p style=\"padding-left: 40px\">b) the chance element: the outcome of an event or game is determined by an element of chance or mixed chance and skill; and<\/p>\n<p style=\"padding-left: 40px\">c) the prize element: the prospect of winning a prize (whether money or anything else of value).<\/p>\n<p>If an activity does not involve one or more of the above elements, it is unlikely to be considered gambling under Australian law.<\/p>\n<p>However, Australia is a federation \u2013 gambling activities are regulated at both the Federal and State and Territory levels. Federal legislation and State and Territory legislation have distinct definitions of gambling (the definitions differ slightly between the Federal legislation and each State and Territory legislation).<\/p>\n<p>This has the effect that:<\/p>\n<p style=\"padding-left: 40px\">a) an activity may be considered gambling in some Australian States and Territories, but not in others \u2013 this issue often arises in relation to \u2018skill-based\u2019 games; and<\/p>\n<p style=\"padding-left: 40px\">b) it may be unclear if a particular type of activity falls within the scope of the definition of gambling \u2013 this issue often arises in relation to \u2018social\u2019 games, as it is unclear under Australian law if in-game purchases satisfy the consideration element or if additional play prizes (or other prizes that do not have real-world value) satisfy the prize element.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to gambling? Please provide a summary of the legal\/regulatory framework.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Legislative power for online gambling in Australia is divided between the Federal government and the governments of Australia\u2019s eight constituent States and Territories.<\/p>\n<p><em>Interactive (online) gambling services<\/em><\/p>\n<p>Very generally, Federal gambling legislation regulates interactive (online) gambling services, whilst State and Territory gambling legislation sets out the framework within which interactive gambling services permitted under Federal gambling legislation can be licensed, conducted and promoted.<\/p>\n<p>The principal piece of Federal legislation which applies to interactive gambling services is the <em>Interactive Gambling Act 2001<\/em> (<strong>IGA<\/strong>). The general principle under the IGA is that the provision (and advertisement) of interactive gambling services is prohibited unless that service is specifically excluded from the prohibition (and provided in accordance with State and Territory law, including under a licence issued by an Australian gambling regulator). Only certain types of online gambling activities can be licensed in Australia \u2013 for example, online casinos cannot be licensed in Australia, and it is prohibited to provide those services in Australia under the IGA.<\/p>\n<p>In August 2026, the Australian Federal Parliament passed the <em>Interactive Gambling Amendment (Gambling Reforms) Bill 2026<\/em> (Cth) (the <strong>IGA Amendment<\/strong> <strong>Act<\/strong>) to amend the IGA.<\/p>\n<p>Principally, the IGA Amendment Act introduces the following changes, which will come into effect on 1 January 2027:<\/p>\n<ul>\n<li>Restrictions on wagering advertising (including sponsorship and endorsement arrangements;<\/li>\n<li>Restrictions on inducements to certain customers and commissions paid to third parties;<\/li>\n<li>Requirements for online content services (including social media platforms) to prevent restricted users from accessing gambling content;<\/li>\n<li>Disruption of illegal gambling services;<\/li>\n<li>Implementing recommendations arising from the Statutory Review of Australia\u2019s National Self-Exclusion Register, BetStop;<\/li>\n<li>Prohibitions on lottery-style products (being online keno and foreign matched lotteries);<\/li>\n<li>Clarification of the scope of the\u00a0trade promotion gambling services\u00a0exemption to the general prohibition in the IGA (to exclude certain subscription-based trade promotion business models); and<\/li>\n<li>The introduction of a national Wagering Advertising Opt-out Register.<\/li>\n<\/ul>\n<p>In order for an interactive gambling service to be provided lawfully in Australia, the service must comply with both the IGA and the law of any State or Territory in which that service is provided to customers. This means that services which are provided Australia-wide must comply with the IGA as well as the laws of all of Australia\u2019s eight constituent States and Territories.<\/p>\n<p>Despite each Australian State and Territory having its own gambling laws, Australia\u2019s Federal legislation prevails if there is any inconsistency between the Federal Legislation and State and\/or Territory gambling law.<\/p>\n<p><em>Land-based gambling services<\/em><\/p>\n<p>Very generally, all types of land-based gambling services are regulated under State and Territory gambling legislation. Separate legislation exists for each type of gambling service.<\/p>\n<p><em>Example \u2013 Federal v New South Wales<\/em><\/p>\n<p>An example of the myriad of legislation that applies to gambling activities in Australia under Federal legislation and New South Wales (State) legislation is set out below \u2013 note that the lists of Federal gambling legislation and New South Wales legislation is not exhaustive. Various rules, guidelines, directions, orders and standards that are issued by the Federal or New South Wales regulator and\/or the responsible Minister also apply to the gambling sector and must be complied with. There are also other State and Territory legislation that will apply.<\/p>\n<p>The table below identifies the laws that apply at the Federal level and in New South Wales respectively:<\/p>\n<table width=\"624\">\n<thead>\n<tr>\n<td width=\"274\"><strong>Federal<\/strong><\/td>\n<td width=\"350\"><strong>New South Wales<\/strong><\/td>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td width=\"274\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Interactive Gambling Act 2001<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Interactive Gambling Regulations 2019<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Interactive Gambling (National Self-exclusion Register) Register Rules 2022<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Anti-Money Laundering and Counter-Terrorism Financing Act 2006<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No 1)<\/td>\n<td width=\"350\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Betting and Racing Act 1998<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Betting and Racing Regulation 2022<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Betting Tax Act 2001<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Casino Control Act 1992<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Casino Control Regulation 2019<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Community Gaming Act 2018<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Community Gaming Regulation 2020;<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Gambling (Two-Up) Act 1998<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Gaming and Liquor Administration Act 2007<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Gaming and Liquor Administration Regulation 2024<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Gaming Machine Act 2001<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Gaming Machine Regulation 2019<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Gaming Machine Tax Act 2001<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Public Lotteries Act 1996<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Public Lotteries Regulation 2016<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Totalizator Act 1997<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Totalizator Regulation 2022<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Totalizator Agency Board Privatisation Act 1997<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Unlawful Gambling Act 1998<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Unlawful Gambling Regulation 2021<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Bookmaker Declared Betting Events Betting Rules<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p><em>Other legislation<\/em><\/p>\n<p>As raised above, other Australian legislation may apply to various aspects of gambling activities (despite not being specifically gambling-related) \u2013 this may include:<\/p>\n<ul>\n<li>classifications laws;<\/li>\n<li>online safety laws;<\/li>\n<li>consumer protection laws;<\/li>\n<li>privacy laws;<\/li>\n<li>taxation laws; and<\/li>\n<li>financial services laws.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which body\/ies regulate gambling?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The key regulatory bodies responsible for supervising gambling in Australia are set out in the table below:<\/p>\n<table width=\"614\">\n<thead>\n<tr>\n<td width=\"180\"><strong>Jurisdiction<\/strong><\/td>\n<td width=\"435\"><strong>Regulator \/ Body<\/strong><\/td>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td width=\"180\"><strong>Australia (Federal)<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Australian Communications and Media Authority (<strong>ACMA<\/strong>)<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Australian Transaction Reports and Analysis Centre (<strong>AUSTRAC<\/strong>)<\/td>\n<\/tr>\n<tr>\n<td width=\"180\"><strong>New South Wales<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Liquor &amp; Gaming NSW<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Independent Liquor &amp; Gaming Authority<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 NSW Independent Casino Commission<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Department of Creative Industries, Tourism, Hospitality and Sport<\/td>\n<\/tr>\n<tr>\n<td width=\"180\"><strong>Victoria<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Victorian Gambling and Casino Control Commission<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Department of Justice and Community Safety<\/td>\n<\/tr>\n<tr>\n<td width=\"180\"><strong>Queensland<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Office of Liquor and Gaming Regulation<\/td>\n<\/tr>\n<tr>\n<td width=\"180\"><strong>Australian Capital Territory (ACT)<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 ACT Gambling and Racing Commission<\/td>\n<\/tr>\n<tr>\n<td width=\"180\"><strong>Northern Territory (NT)<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Northern Territory Wagering Commission (<strong>NTWC<\/strong>)<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Licensing NT<\/td>\n<\/tr>\n<tr>\n<td width=\"180\"><strong>South Australia<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Consumer and Business Services<\/td>\n<\/tr>\n<tr>\n<td width=\"180\"><strong>Tasmania<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Liquor and Gaming Commission<\/td>\n<\/tr>\n<tr>\n<td width=\"180\"><strong>Western Australia<\/strong><\/td>\n<td width=\"435\">\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Gaming and Wagering Commission<\/p>\n<p>\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Department of Local Government, Industry Regulation and Safety<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are licences available? If so: a) What is the duration of a licence? b) What types of licences are available? c) Are there different types of licences for B2C and B2B operators? d) Do software suppliers need to be licensed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Australian legislative framework for the gambling sector distinguishes between interactive (online) and land-based gambling.<\/p>\n<p>As indicated above, interactive (or online) gambling services are regulated at the Federal and State and Territory levels, while land-based gambling is regulated mostly at the State and Territory level. At the State and Territory level, the distinction is due in part to the different regulatory frameworks that exist for the different types of gambling services, such as casinos and gaming machines.<\/p>\n<p>Generally, there is a prohibition under all Australian gambling legislation on the conduct and promotion of gambling. However, legislative exemptions exist for gambling activities that are conducted under a <u>licence<\/u>. These activities include:<\/p>\n<p style=\"padding-left: 40px\">a. Lotteries (both in venues and online), including instant scratch (in-venue only), but excluding, from 1 January 2027, foreign matched lotteries and online keno-style lotteries ;<\/p>\n<p style=\"padding-left: 40px\">b. wagering and sports betting (both in venues and online), excluding betting on the outcome of lotteries;<\/p>\n<p style=\"padding-left: 40px\">c. gaming machines (also known as poker machines) (in venues only); and<\/p>\n<p style=\"padding-left: 40px\">d. land-based casinos where casino games, including poker, baccarat and blackjack (among others) can be played.<\/p>\n<p>In addition, certain activities, such as trade promotions, charitable lotteries, raffles, bingo and football tipping can be conducted under State and Territory legislation. These activities are considered to be <u>soft<\/u>er forms of gambling and are subject to specific restrictions and, in certain jurisdictions, are only able to be conducted where a permit has been issued by the relevant regulator.<\/p>\n<p>It is generally understood under principles of Australian constitutional law that online gambling services provided under a licence issued in any State or Territory of Australia are able to be provided to residents of other Australian States and territories. This principle was confirmed by the decision of the High Court of Australia in <em>Betfair Pty Ltd and Another v. Western Australia<\/em> (2008) 244 ALR 32.<\/p>\n<p><em>Land-based gambling licences<\/em><\/p>\n<p>Land-based licences (including casinos, lotteries and retail betting) are generally difficult to obtain.<\/p>\n<p>An exclusive licence has been granted in each State or Territory to:<\/p>\n<p style=\"padding-left: 40px\">a. conduct off-course betting in retail venues; and<\/p>\n<p style=\"padding-left: 40px\">b. provide lottery products in retail venues (principally, newsagents).<\/p>\n<p>Further, licensed venue operators are permitted to conduct land-based machine gaming (such as gaming machines (also known as poker machines)). Licensed venue operators include casinos, pubs and clubs. The sole exception to this principle is Western Australia, where gaming machines are only permitted in casinos. There are restrictions that are imposed on the operation of gaming machines by licensed venue operators, including a cap on the total number of gaming machines in a particular venue (or in the relevant State or Territory itself).<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a> The regulatory regime in respect of gaming machines differs from jurisdiction to jurisdiction.<\/p>\n<p>There are a limited number of casino licences granted in each State and Territory, with only one licence being granted in each of Victoria, South Australia and Western Australia.<\/p>\n<p>The licences for land-based gaming services are typically granted on a long-term basis and often involve the payment of substantial licence fees and taxes.<\/p>\n<p><em>Interactive (online) gambling licences<\/em><\/p>\n<p>The Northern Territory is the leading online gambling licensing authority in Australia, and there is no limit on the number of online licences that may be granted by the Northern Territory regulator.<\/p>\n<p>Generally speaking, licensed operators may offer online gambling services in the form of sports betting and wagering. There are no requirements specifying the online platforms or devices on which a gambling product may be offered to customers.<\/p>\n<p>The duration of an online gambling licence varies; however, for operators licensed in the Northern Territory, it is typically a term of 5 years for online sports bookmakers and 20 years for online lotteries (subject to annual licence fees).<\/p>\n<p><em>Other licences <\/em><\/p>\n<p>In addition to the principal licences granted to an online or land-based gambling operator, ancillary licences may be required to facilitate the conduct of the operator\u2019s gambling business.<\/p>\n<p>For example, in relation to land-based gambling operators that conduct gambling activities in a casino, pub or club, separate licences are required to be held by manufacturers and suppliers of gaming machines, as well as testing agents.<\/p>\n<p>These ancillary licences are more readily available. They are usually valid until the gaming machine licence is surrendered or cancelled, rather than for a specific period. Where licenses are granted for a specific period, the licence holder must extend or renew their licence on a periodic basis, as appropriate.<\/p>\n<p>Other service providers (including software suppliers) will generally not require a licence to offer their services to Australian operators. However, the service provider\u2019s systems may be subject to review or approval processes as a condition of the licence granted to the operator that uses their system.<\/p>\n<p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> Of note, in August 2026 the New South Wales government announced major reforms in respect of gambling, including an accelerated reduction in the number (and increase in forfeiture rate) of gaming machines in New South Wales. However, to date, no steps have been taken to implement the announced reforms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are any types of gambling products prohibited?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As mentioned above, there is a general prohibition under Australian law on the conduct and promotion of online gambling \u2013 the IGA specifically prohibits the supply of online gambling services (such as online casino games and online poker) to Australian residents. From 1 January 2027, the prohibition will extend to the conduct and promotion of certain lotteries (being foreign matched lotteries and online keno-style lotteries).<\/p>\n<p>However, this prohibition does not apply to other types of online gambling services provided under a licence granted in an Australian State or Territory \u2013 including sports betting and wagering (except for online in-play sports betting as this is restricted to bets placed over the telephone or in venues).<\/p>\n<p>In any event, licences granted to online gambling operators often impose restrictions on the manner in which the licensed operator may conduct its gambling business. For example, gambling operators licensed by the NTWC are required to locate various aspects of their gaming operations in the Northern Territory. In addition, various restrictions also exist at the State or Territory level, and apply to licensed online wagering operators that provide services to residents in the relevant State or Territory. These restrictions apply irrespective of the State or Territory in which the operator is licensed and can include requirements for payment of taxes (such as a point of consumption tax in respect of bets made by residents in that State or Territory), advertising, and pre-commitment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the headline application procedure? Please include any eligibility and other application requirements, including approximate application costs and any need to establish a local presence.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The process for applying for a licence to conduct a gambling business in Australia will depend on the type of licence and the jurisdiction in which it is sought. However, the documentation required for Australian land-based or online gambling licences are generally similar.<\/p>\n<p>In order to be eligible to obtain a licence, applicants must be registered in Australia as a corporate entity under the <em>Corporations Act 2001<\/em> (Cth).<\/p>\n<p>In addition to the eligibility requirement, an applicant must demonstrate the financial viability and suitability of the applicant company, its shareholders and directors, and that of the holding companies and ultimate beneficial owners. This will generally involve a due diligence or \u2018probity\u2019 process.<\/p>\n<p>The applicant (and its corporate group) is generally required to provide the following:<\/p>\n<p style=\"padding-left: 40px\">a. the applicant\u2019s certificate of registration and a copy of its constitution;<\/p>\n<p style=\"padding-left: 40px\">b. a business plan;<\/p>\n<p style=\"padding-left: 40px\">c. prescribed financial information (including assets, liabilities and financial forecasts);<\/p>\n<p style=\"padding-left: 40px\">d. legal and regulatory compliance information;<\/p>\n<p style=\"padding-left: 40px\">e. technical (systems) and\/or venue documentation;<\/p>\n<p style=\"padding-left: 40px\">f. the current prescribed licence fee; and<\/p>\n<p style=\"padding-left: 40px\">g. a Deed of Release and Authorisation to enable the regulator to conduct all necessary inquiries.<\/p>\n<p>For land-based licences, this may also entail further examination of details of the premises to be used to offer the gambling services.<\/p>\n<p>Generally, the regulatory and\/or licensing authority in each jurisdiction will require any person or company associated or connected with a gambling operator to be the subject of a probity investigation to determine their suitability. Probity investigations can be onerous and will usually require the person or company being investigated to disclose sensitive information including educational history, employment history, criminal history, financial records, tax returns and a statement of assets and liabilities.<\/p>\n<p>Whether a person is sufficiently associated or connected with the gambling operator to be the subject of a probity investigation is usually determined at the discretion of the regulatory authority. This may extend to directors, officers, employees and any person or company with a direct or indirect ownership interest in the applicant. In addition, employees or persons involved in the day-to-day operation of the company may also be required to undergo a separate licensing process (e.g. as a key employee).<\/p>\n<p>The timing of the licensing and probity process will vary depending (again) on the type of licence and the jurisdiction in which the licence is being sought. For example:<\/p>\n<p style=\"padding-left: 40px\">a. For an online gambling licence granted in the Northern Territory, the licensing and probity process will typically take a period of three to six months. The application fee is AUD$29,800; and<\/p>\n<p style=\"padding-left: 40px\">b. For a land-based casino licence, the probity process is likely to last at least a year and the applicable fees may be substantial.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do individuals within the business need to be personally licensed or authorised? If so, please provide headline requirements.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As mentioned above, key employees or individuals sufficiently associated or connected with a gambling operator (often referred to as a <em>close associate<\/em>), are required to either hold a separate key person licence or an approval from the regulator and\/or licensing authority prior to commencing their role. This includes an individual that is:<\/p>\n<p style=\"padding-left: 40px\">a. a shareholder, director or executive officer of the licensed operator; and<\/p>\n<p style=\"padding-left: 40px\">b. involved in the management or operation of the business of the licensed operator and has a significant influence over the licensee\u2019s business.<\/p>\n<p>Separately, a personal licence may be required in respect of an individual that provides certain services to a land-based gambling operator or venue. For example, an individual that is involved in the installation and maintenance of gaming machines must hold a gaming machine technician licence.<\/p>\n<p>The application process for a personal licence or approval requires the completion of an application form and a background and\/or police check. The details that are required for a personal licence (e.g. a key person licence or gaming machine technician licence) are less onerous than the details required to be submitted for a probity review in connection with an operator\u2019s gambling licence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is advertising of gambling permitted and, if permitted, how is it regulated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, advertising of gambling services offered by operators licensed in Australia is permitted, subject to strict requirements. Pure branding (i.e. the display of a logo) is not usually considered advertising (and is permitted), but this will depend on the context.<\/p>\n<p>There is a complex arrangement of laws and regulations which set out the framework for gambling advertising. These apply at the State and Territory level (and vary between jurisdictions and gambling products). In addition, the introduction of the IGA Amendment Act has the effect that wagering advertising in Australia will also be regulated at the Federal level. There are relevant industry and media codes, as well as more broadly applicable laws, such as Federal consumer protection laws (which prohibit misleading and deceptive conduct), anti-spam laws and privacy laws.<\/p>\n<p>For example, in respect of online wagering operators:<\/p>\n<p>a) the IGA Amendment Act will introduce a more restrictive regulatory framework for wagering advertising across television, radio, streaming services, social media and other online content services. The IGA Amendment Act adopts a broad concept of \u201cwagering advertising content\u201d, expanding regulation beyond traditional advertising to capture a wide range of sponsorship and promotional activities. The main changes to be introduced include the following (amongst others):<\/p>\n<p style=\"padding-left: 40px\">i. Triple Lock function: online content service providers will be required to take reasonable steps to implement a \u201ctriple lock\u201d feature in order to publish any wagering advertising content on an online content service which is accessible by Australian users. This requires online content services providers to:<\/p>\n<p style=\"padding-left: 80px\">a. ensure that any end-user in Australia that may be able to access wagering advertising:<\/p>\n<p style=\"padding-left: 120px\">i. is using a registered account;<\/p>\n<p style=\"padding-left: 120px\">ii. has confirmed that they are over 18 years of age (using age assurance measures \u2013 this should be consistent with those implemented in compliance with Australia\u2019s Online Safety Regime); and<\/p>\n<p style=\"padding-left: 120px\">iii. has had the opportunity to opt out of receiving wagering advertising content (and has not done so); and<\/p>\n<p style=\"padding-left: 40px\">b. ensure that it has in place (and follows) appropriate governance, control and risk management policies and procedures in relation to the implementation of the \u201ctriple lock\u201d feature.<\/p>\n<p>ii. Frequency Caps: wagering advertisements will not be permitted to be broadcast or datacast more than 3 times within any 60-minute period between 5:00am and 8:30pm (on a rolling 60-minute basis);<\/p>\n<p>iii. Restrictions during School Pick-Up\/Drop-Offs: wagering advertisements will not be permitted to be broadcast on radio during school pick-up and drop-off times (from 8:00am to 9:00am and 3:00pm to 4:00pm on school days);<\/p>\n<p>iv. Restrictions during Live Sporting Events: wagering advertisements will not be permitted to be broadcast in connection with the live coverage of a sporting event (except during scheduled and unscheduled breaks between 8:30pm and 5:00am). A similar restriction applies to wagering advertisements shown on an online content service (save for the fact that those advertisements can be shown during scheduled or unscheduled breaks in the sporting event at any time of the day);<\/p>\n<p>v. Prohibition of the promotion of betting odds: there will be a blanket ban on wagering advertisements that include the promotion of betting odds to be broadcast or datacast in Australia (except on dedicated racing and wagering channels and programs);<\/p>\n<p>vi. Restriction on advertising wagering services: wagering advertising displayed in conjunction with the live coverage of a sporting event must not include a wagering representative where that representative is not clearly identified, is a commentator, or appears at or around the sporting event venue;<\/p>\n<p>vii. In-Venue and Uniform Advertisements: wagering advertisements will be prohibited from being shown in sporting venues or on sporting uniforms (e.g. jersey sponsorships), though pre-existing commitments will be grandfathered (up until 2031). International sports teams (and officials) that are visiting Australia will be expected to comply with this restriction. However, sporting events which take place outside Australia (in venues outside Australia) are not intended to be captured; and<\/p>\n<p>viii. \u201cNotable Person\u201d Ban: there will be a prohibition on licensed wagering operators from entering into a contract or arrangement with a notable person which relate to the sponsorship, participation or involvement of the notable person with the promotion of that operator. Licensed wagering operators will also be prohibited from publishing (or authorising) wagering advertising which features a notable person. A notable person is defined broadly (intentionally) to include current or former:<\/p>\n<p style=\"padding-left: 40px\">a. Celebrities;<\/p>\n<p style=\"padding-left: 40px\">b. Influencers;<\/p>\n<p style=\"padding-left: 40px\">c. Professional athletes;<\/p>\n<p style=\"padding-left: 40px\">d. Prominent individuals; or<\/p>\n<p style=\"padding-left: 40px\">e. Other persons designated by the Minister.<\/p>\n<p>Importantly, the IGA Amendment Act provides for a carve out exemption to the above advertising restrictions for broadcast and datacast (including simulcasts) channels and programs, and online content services, that relate wholly or principally to racing.<\/p>\n<p>b) the IGA Amendment Act also introduces the national AdStop register, which enabling individuals to opt out of receiving wagering advertising online. In effect, wagering advertising content online must not be sent to individuals registered on AdStop.<\/p>\n<p>c) there are overlapping requirements under State and Territory laws which make it an offence to publish or otherwise advertise online wagering services that, among other things:<\/p>\n<p style=\"padding-left: 40px\">i. encourage a breach of the law;<\/p>\n<p style=\"padding-left: 40px\">ii. depict children under the age of 18, or target children under the age of 18;<\/p>\n<p style=\"padding-left: 40px\">iii. suggest that winning will be a definite outcome of participating in gambling activities, or exaggerate claims relating to winning;<\/p>\n<p style=\"padding-left: 40px\">iv. suggest that participation in gambling activities is likely to improve a person\u2019s prospects;<\/p>\n<p style=\"padding-left: 40px\">v. promote the consumption of alcohol while engaging in gambling activities;<\/p>\n<p style=\"padding-left: 40px\">vi. are offensive, or are not published in accordance with decency, dignity or good taste; or<\/p>\n<p style=\"padding-left: 40px\">vii. offer an inducement to participate, or participate frequently in a gambling activity, including an inducement to open a betting account.<\/p>\n<p>d) Further, there are strict laws that apply specifically to advertising of online wagering operators, including:<\/p>\n<p style=\"padding-left: 40px\">i. restrictions on advertising published in traditional media, such as on print, television and radio advertising. Restrictions are imposed on wagering operators in respect of the advertising of live odds during sporting events and the promotion of gambling services on television and radio during peak times;<\/p>\n<p style=\"padding-left: 40px\">ii. the National Self-Exclusion Register (BetStop) prohibits online wagering and telephone-based operators from sending electronic marketing material and making telemarketing calls to an individual who is registered with BetStop; and<\/p>\n<p style=\"padding-left: 40px\">iii. requirements to include a prescribed responsible gambling tagline and call to action (responsible gambling helpline phone number and website information) in any advertising material. The tagline that must be included depends on several factors, including the format and duration of the advertisement and the platform to which the advertisement is published.<br \/>\nLand-based advertising in pubs, clubs and hotels where retail betting is offered is also subject to strict restrictions.<\/p>\n<p><em>Advertising of prohibited gambling operators<\/em><\/p>\n<p>The IGA prohibits the publication in Australia of any advertisement (writing, still or moving picture, sign, symbol or other visual image, or audible message (or any combination of two or more of these things)) that either gives publicity to or is intended to promote gambling services that are prohibited or unlicensed (including offshore gambling operators). The prohibition applies to the advertising of the service itself (including an associated trade mark, domain name, URL or any other word that is closely associated).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are marketing affiliates permitted? If so, are they licensed or regulated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Gambling marketing affiliates have historically been permitted under Australian law, provided that they comply with relevant Federal and State, and Territory laws and regulations, for example:<\/p>\n<p style=\"padding-left: 40px\">a. at the Federal level affiliates were prohibited from promoting illegal online casinos or offshore gambling services; and<\/p>\n<p style=\"padding-left: 40px\">b. in the Northern Territory, a licensed sports betting or wagering operator must request the NTWC\u2019s prior approval for any partnerships entered into where the licensed operator provides compensation to the other party for the referral of customers to the licensed operator).<\/p>\n<p>However, from 1 January 2027, the arrangements with gambling marketing affiliates in Australia that were permitted will change significantly. The IGA Amendment Act has introduced a prohibition on licensed wagering operators from providing a commission to any third party where the relevant commission relates to customer activity. These restrictions will apply to all affiliates and will capture most influencer arrangements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the penalties for offering, facilitating or marketing unlawful gambling, and can the gambler be penalised for participating in unlawful gambling?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The penalties that apply to the offer, provision or facilitation of the provision of, a prohibited or unlicensed gambling service varies between the Federal and State and Territory legislation and will depend on the type of gambling service being provided or advertised (and in turn, which law has been breached).<\/p>\n<p>Generally, penalties are much lower for contraventions of State and Territory laws than Federal laws (i.e. the IGA). For example, the following penalties apply at the Federal level:<\/p>\n<p>a) The provision of (or the facilitation of the provision of) a prohibited or unlicensed online gambling service will attract the following penalties:<\/p>\n<p style=\"padding-left: 40px\">a. criminal offence \u2013 for an individual, up to AUD$1,820,000 per day, or up to five times that for a corporation (i.e. AUD$9,100,000 per day); or<\/p>\n<p style=\"padding-left: 40px\">b. civil offence \u2013 for an individual, up to AUD$2,730,000 per day, or up to five times that for a corporation (i.e. AUD$13,650,000 per day).<\/p>\n<p>b) The publication (or the facilitation of the publication) of marketing or advertising materials relating to a prohibited or unlicensed online gambling service will attract a fine of up to AUD$364,000 for an individual and AUD$1,820,000 for a corporation.<\/p>\n<p><em>Individuals<\/em><\/p>\n<p>Generally, liability is placed on the operator of a prohibited or unlicensed gambling service rather than an individual that uses the operator\u2019s services. However, liability may be placed on individual users of prohibited or unlicensed gambling services in limited circumstances (although it is unlikely from a policy perspective that authorities will seek to prosecute individuals under these provisions).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly detail key requirements for licensees, including ongoing payment and reporting requirements.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A licensed gambling operator will be subject to various requirements to demonstrate ongoing suitability to hold a gambling licence (or be a <em>close<\/em> <em>associate <\/em>of a licensed gambling operator). The requirements are imposed by the relevant regulatory authority and vary between States and Territories, and between gambling activities. Generally, the requirements relate to ongoing reporting and disclosure obligations in respect of operational (and technical), financial, corporate and legal matters (including matters that may impact the licensee\u2019s <em>suitability<\/em> to hold their relevant licence). Updated probity investigations may be conducted from time to time.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly detail key anti-money laundering requirements.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The key anti-money laundering legislation is the <em>Anti-Money Laundering and Counter-Terrorism Financing Act 2006 <\/em>(<strong>AML\/CTF Act<\/strong>). This is supplemented by the <em>Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No 1)<\/em> and the <em>Anti-Money Laundering and Counter-Terrorism Financing Rules 2025<\/em> (the <strong>AML\/CTF Rules<\/strong>).<\/p>\n<p>The AML\/CTF Act and AML\/CTF Rules set out various requirements and prohibitions that are aimed at prohibiting and restricting money laundering and terrorism financing in Australia. The regulator, <strong>AUSTRAC<\/strong>, is established by the AML\/CTF Act and monitors and enforces the controls set out in the AML\/CTF Act and AML\/CTF Rules.<\/p>\n<p>As gambling (excluding the provision of a lottery service) is included as a \u201c<em>designated service<\/em>\u201d under the AML\/CTF Act,\u00a0 licensed gambling operators are therefore considered \u201creporting entities\u201d which are subject to obligations under the AML\/CTF laws. These obligations include:<\/p>\n<p style=\"padding-left: 40px\">a) enrolling with AUSTRAC;<\/p>\n<p style=\"padding-left: 40px\">b) preparing and implementing an AML\/CTF program \u2013 the program must include:<\/p>\n<p style=\"padding-left: 80px\">a. a risk assessment;<\/p>\n<p style=\"padding-left: 80px\">b. senior management or board approval and adoption of the program;<\/p>\n<p style=\"padding-left: 80px\">c. appointment of an AML\/CTF compliance officer;<\/p>\n<p style=\"padding-left: 80px\">d. an employee due diligence program;<\/p>\n<p style=\"padding-left: 80px\">e. a risk awareness training program for staff;<\/p>\n<p style=\"padding-left: 80px\">f. procedures for ongoing customer due diligence \u2013 including collecting and verifying \u201cknow your customer\u201d information;<\/p>\n<p style=\"padding-left: 80px\">g. a process for independent reviews of the program;<\/p>\n<p style=\"padding-left: 40px\">c) adopting risk-based systems and controls for mitigating and managing money-laundering and terrorism-financing risks associated with the designated service, including adopting know-your-customer (KYC) requirements;<\/p>\n<p style=\"padding-left: 40px\">d) reporting requirements, including suspicious transactions, certain business activities and transactions and annual reports;<\/p>\n<p style=\"padding-left: 40px\">e) keeping records; and<\/p>\n<p style=\"padding-left: 40px\">f) staff training.<\/p>\n<p>More specifically, online wagering operators are also required to verify a new customer prior to providing a designated service. This means online wagering operators must conduct customer identity verification prior to a new customer opening an account with the operator.<\/p>\n<p>AUSTRAC has been increasingly active in its review and enforcement of gambling operators. It has commenced various investigations, Federal Court of Australia proceedings and other enforcement action, in respect of land-based gambling operators and venues (including casinos) and online wagering operators \u2013 most recently, for example:<\/p>\n<ol>\n<li>The Star \u2013 In November 2022, AUSTRAC commenced proceedings against The Star Pty Limited, operator of The Star Sydney, and The Star QLD, for systemic deficiencies in the entities\u2019 AML\/CTF controls, including transaction monitoring, enhanced customer due diligence and the identification and management of high-risk customers and channels.\u00a0AUSTRAC alleged 1,189 customer due diligence contraventions by The Star Pty Limited and 325 by The Star QLD, together with contraventions of AML\/CTF program requirements on an \u201cinnumerable number of occasions\u201d from 30 November 2016.\u00a0On 28 October 2026, The Federal Court ordered The Star Pty Limited and The Star Entertainment QLD Limited (The Star QLD) to pay AUD$260 million over 19 months (with the first payment of $65 million to be made within 28 days) as a penalty in respect of contraventions of the AML\/CTF laws.<\/li>\n<\/ol>\n<ul>\n<li>Entain &#8211; In 2022, AUSTRAC commenced its review of online wagering operators and their compliance with the AML\/CTF Laws. The review resulted in AUSTRAC commencing proceedings against Entain on 16 December 2024, for serious and systemic non-compliance with the AML\/CTF laws. The proceeding is ongoing, with a trial to commence on 30 November 2026. Entain has provided for approximately AUD$102.4 million for any potential fine.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly detail key responsible gambling (or safer gambling) requirements.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Responsible gambling requirements are a key component of the Federal and State and Territory gambling regulation framework.<\/p>\n<p>At the Federal level, the National Consumer Protection Framework (<strong>NCPF<\/strong>) for online wagering sets the national policy between the Federal and State and Territory governments for consumer protection. There are ten NCPF measures which include:<\/p>\n<p style=\"padding-left: 40px\">a) a restriction on inducements;<\/p>\n<p style=\"padding-left: 40px\">b) an obligation to verify customers;<\/p>\n<p style=\"padding-left: 40px\">c) a requirement to provide responsible service of online gambling training to staff;<\/p>\n<p style=\"padding-left: 40px\">d) a requirement to provide activity statements to customers;<\/p>\n<p style=\"padding-left: 40px\">e) the implementation of consistent gambling messaging;<\/p>\n<p style=\"padding-left: 40px\">f) voluntary opt-out and pre-commitment tools; and<\/p>\n<p style=\"padding-left: 40px\">g) BetStop \u2013 the Self-Exclusion Register.<\/p>\n<p>In addition, the introduction of AdStop embeds a further responsible gambling measure with which wagering operators will be required to comply.<\/p>\n<p>At the State and Territory level, requirements apply to both land-based gambling operators and online gambling operators. The requirements that apply vary depending on the type of licence held by the operator, and the State or Territory in which the operator is licensed. Several jurisdictions publish responsible gambling codes of practice or require relevant licensed operators to have a responsible gambling code.<\/p>\n<p>Generally, a gambling operator or service provider is required to provide customers with:<\/p>\n<p style=\"padding-left: 40px\">a) an option to self-exclude from the gambling services provided by the operator;<\/p>\n<p style=\"padding-left: 40px\">b) options for imposing voluntary pre-commitment limits; and<\/p>\n<p style=\"padding-left: 40px\">c) information about responsible gambling support services.<\/p>\n<p>A gambling operator or service provider will be required to display responsible gambling messages (in accordance with specific requirements based on the type of service being provided).<\/p>\n<p>In addition, land-based gambling service providers (such as pubs, clubs and hotels) are subject to additional responsible gambling measures. For example, this includes requirements to have a responsible gambling officer on duty in an area where gaming machines are available, a gambling incident register to keep a record of gambling-related incidents and the provision of training and management plans for staff.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly detail shareholder reporting and approval threshold(s).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A licensed gambling operator will be subject to disclosure or approval requirements in relation to its shareholders by virtue of State and Territory legislation or the conditions of their licence. The requirements vary between each Australian State and Territory (and between each type of gambling operator). However, typically, the relevant legislation or licence conditions require a gambling operator to disclose or seek approval for any change to the ownership structure of the gambling operator (including changes relating to indirect shareholders).<\/p>\n<p>Whilst disclosure requirements generally arise in circumstances where there is an acquisition of a direct or indirect shareholding interest in a gambling operator (in any amount), approval requirements arise in circumstances where there is an acquisition of a direct or indirect shareholding interest of more than 5 or 10 per cent in the operator. A full probity investigation is likely to be conducted by a regulatory authority in respect of the shareholder that is acquiring the relevant interest.<\/p>\n<p>Importantly, a regulatory authority will maintain the discretion to conduct any investigation that it considers necessary (and at any time) to satisfy itself that any shareholder is <em>suitable <\/em>to be associated with the gambling operator. As a result, a shareholder of a licensed gambling operator that has been approved by a regulatory authority will itself be subject to ongoing disclosure obligations in respect of limited matters (such as financial, corporate and legal matters).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly detail the regulator\u2019s enforcement powers, including sanctions and common themes.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Federal gambling regulator, ACMA, and the State and Territory gambling regulators, each have broad investigative and enforcement powers; however, the nature of the regulators\u2019 power are different due to the separate regulatory frameworks that exist at the Federal and the State and Territory level.<\/p>\n<p>For example, under the IGA, the ACMA has the power to:<\/p>\n<p style=\"padding-left: 40px\">a) issue formal warnings and infringement notices;<\/p>\n<p style=\"padding-left: 40px\">b) notify the Department of Home Affairs (Australia\u2019s immigration and border protection agency) of the names of directors to be included on the Movement Alert List;<\/p>\n<p style=\"padding-left: 40px\">c) impose pecuniary penalties;<\/p>\n<p style=\"padding-left: 40px\">d) notify foreign regulators of a gambling operator\u2019s breaches of the IGA; and\/or<\/p>\n<p style=\"padding-left: 40px\">e) seek an order from the Federal Court of Australia to impose substantial civil penalties.<\/p>\n<p>Over the last year, the ACMA has taken several enforcement actions against wagering service providers for breaches of the BetStop rules, including:<\/p>\n<ul>\n<li>Puntaa Pty Ltd trading as Picklebet (October 2026) \u2013 paid a penalty of AUD$19,800 for providing wagering services to an individual registered with BetStop.<\/li>\n<li>Dabble Sports Pty Ltd (September 2026) \u2013 fined AUD$1,069,200 for contraventions of the online gambling self-exclusion rules, including sending messages to 165 individuals registered with BetStop, failing to close the accounts of 157 self-excluded individuals, and distributing more than 2,000 push notifications to 45 customers without including mandatory self-exclusion information.<\/li>\n<li>Entain Group Pty Ltd (May 2026) \u2013 entered into an 18-month enforceable undertaking following the identification of more than 500 breaches of the BetStop self-exclusion rules (relating to opening accounts and providing wagering services to self-excluded individuals and failing to close accounts of registered individuals).<\/li>\n<li>Tabcorp (January 2026) \u2013 fined AUD$112,680 and entered into an enforceable undertaking to implement staff training of their BetStop obligations and to commission an external review of its customer verification processes, after it was found to have failed to comply with the national self-exclusion rules by permitting registered individuals to open wagering accounts and access wagering services or receive marketing communications.<\/li>\n<li>LightningBet, Betfocus, TempleBet and BetChamps (January 2026) \u2013 for permitting individuals registered with BetStop to open wagering accounts and access wagering services or receive marketing communications, Betfocus, LightningBet and TempleBet were each issued remedial directions requiring independent audits of their systems and implementation of resulting recommendations, and BetChamps received a formal warning.<\/li>\n<\/ul>\n<p>In contrast, State and Territory regulators have the power to:<\/p>\n<p style=\"padding-left: 40px\">a) require the supply of documents and information;<\/p>\n<p style=\"padding-left: 40px\">b) impose pecuniary penalties;<\/p>\n<p style=\"padding-left: 40px\">c) commence civil and criminal proceedings; and\/or<\/p>\n<p style=\"padding-left: 40px\">d) conduct licence reviews, vary licence conditions, or suspend or cancel the licence.<\/p>\n<p>A common theme across both the ACMA and State and Territory regulators is the use of broad investigative powers to obtain information, investigate suspected non-compliance, and enforce gambling laws through financial and regulatory sanctions. Regulatory enforcement actions vary depending on the level and extent of non-compliance, ranging from warnings and infringement notices to significant pecuniary penalties and court action for serious breaches. State and Territory regulators also utilise their extensive license-based powers to impose conditions, conduct reviews, and suspend or cancel licences where regulatory concerns arise.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the tax rate?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The taxes payable by a licensed gambling operator or service provider vary greatly, depending on the type of licence held by the operator or service provider, and the State or Territory in which the operator or service provider is licensed.<br \/>\nA specific gambling tax will be payable to the relevant regulatory authority of the State or Territory in which the gambling operator is licensed. This tax is generally payable as a percentage of net or gross revenue. In some circumstances, the tax payable may increase annually, be capped at a certain amount or be payable after a threshold is met. In addition, a gambling operator may be required to pay gambling taxes to other regulatory authorities (in States and territories outside the jurisdiction in which the operator is licensed).<\/p>\n<p>For example, the gambling tax that is applicable to gambling operators licensed in the Northern Territory is as follows:<\/p>\n<p style=\"padding-left: 40px\">a) For online gaming operators \u2013 the tax rate is 50% of net profits. There is no cap on the maximum tax payable per financial year.<\/p>\n<p style=\"padding-left: 40px\">b) For online wagering operators \u2012 the tax payable is:<\/p>\n<p style=\"padding-left: 80px\">a) 5% of net profits or commissions; and<\/p>\n<p style=\"padding-left: 80px\">b) is capped at AUD2.98 million per financial year.<\/p>\n<p>An online wagering operator, irrespective of the jurisdiction in which it is licensed, will also be subject to a point-of-consumption tax. This is charged based on net wagering revenue in the following States and territories (subject to certain thresholds being achieved):<\/p>\n<p style=\"padding-left: 40px\">a) South Australia \u2013 15%;<\/p>\n<p style=\"padding-left: 40px\">b) New South Wales \u2013 15%;<\/p>\n<p style=\"padding-left: 40px\">c) Victoria \u2013 15%;<\/p>\n<p style=\"padding-left: 40px\">d) Queensland \u2013 20%;<\/p>\n<p style=\"padding-left: 40px\">e) Australian Capital Territory \u2013 25%;<\/p>\n<p style=\"padding-left: 40px\">f) Western Australia \u2013 15%; and<\/p>\n<p style=\"padding-left: 40px\">g) Tasmania \u2013 15%.<\/p>\n<p>All the above taxes are calculated in a slightly different manner.<br \/>\nAn online wagering operator will also be required to pay:<\/p>\n<ol>\n<li>product fees to Australian sporting and racing bodies (for the rights to take wagers on sports matches and races); and<\/li>\n<li>fees to the ACMA to check whether an individual is registered on BetStop (for the 2024 \u2013 2025 financial year, the fee payable was 0.118 cents per check).<\/li>\n<\/ol>\n<p>In addition to specific gambling taxes, gambling operators will also be required to pay corporate taxes and goods and services tax (GST).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is cryptocurrency permitted for online gambling and, if permitted, how is it regulated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The IGA generally prohibits the use of credit (including credit cards) and digital currencies (i.e. cryptocurrency) for online and telephone wagering services. Online and telephone wagering operators in Australia are prohibited from accepting (or offering to accept) payments in the form of cryptocurrency.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any proposals for changing gambling laws and regulations in the next 12-24 months? If so, please provide an overview of the proposed changes and likely timing.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The enactment of the IGA Amendment Act in August 2026 is the most significant change to Australia\u2019s online gambling legal and regulatory framework for many years. The IGA Amendment Act will come into effect on 1 January 2027.<\/p>\n<p>The key details of the IGA Amendment Act are set out above.<\/p>\n<p>Notably, the IGA Amendment Act:<\/p>\n<p style=\"padding-left: 40px\">a) Will likely have a flow-on effect on Australia\u2019s Federal regulation (with numerous guidelines to be issued to give clarity to the amendments introduced by the IGA Amendment Act). Also, the creation and implementation of the AdStop register will require standalone \u2018rules\u2019 in respect of its operation and enforcement; and<\/p>\n<p style=\"padding-left: 40px\">b) embeds a requirement to review the operation of its amendments to the IGA, to inform the need for future reforms to address the effectiveness of the relevant provisions. This review is required to take place 3 years following the commencement of the IGA Amendment Act (for clarity, the first review will take place before 1 January 3030).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What key regulatory developments are proposed or on the horizon in the next 12-24 months?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Over the next 12 to 24 months, the most significant regulatory developments are likely to arise in respect of the implementation of the changes to Australia\u2019s online gambling legal and regulatory framework as a result of the IGA Amendment Act.<\/p>\n<p>As set out above, the IGA Amendment Act substantially expands the scope of the IGA. In addition, the IGA Amendment Act enhances the ACMA\u2019s powers to disrupt and take enforcement action against the conduct and promotion of illegal gambling services, and extends the remit of ACMA\u2019s powers to matters which were traditionally dealt with by State and Territory regulators, reflecting an increased focus on proactive regulatory intervention.<\/p>\n<p>As a result, the Federal enforcement environment will be increasingly active. The ACMA will have responsibility not only for traditional IGA compliance matters but also for monitoring compliance with the new advertising, inducement and consumer protection measures. This is likely to result in increased regulatory scrutiny of marketing practices, customer acquisition strategies, affiliate arrangements and harm minimisation frameworks, particularly in circumstances where customers are identified as being at risk of gambling-related harm.<\/p>\n<p>At the State and Territory level, regulators are also expected to continue their focus on customer protection, harm minimisation and responsible gambling. In particular, harm minimisation measures, including enhanced customer intervention requirements, self-exclusion programs, risk-monitoring initiatives, and increased compliance expectations for licensed operators, are likely to remain key regulatory priorities.<\/p>\n<p>In parallel, AML\/CTF compliance will continue to be a key regulatory focus. Recent reforms to Australia\u2019s AML\/CTF framework (which do not relate to gambling services) and ongoing enforcement activity by AUSTRAC within the gambling industry, indicate that gambling operators can expect heightened scrutiny of their AML\/CTF programs, customer due diligence processes, transaction monitoring systems and governance arrangements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do you foresee any imminent risks to the growth of the gambling market in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general trend in Australia is towards a more regulated gambling market.<br \/>\nThis is clearly evidenced by the introduction of the IGA Amendment Act, which (amongst other matters) imposes further restrictions on wagering advertising (including sponsorship and endorsement arrangements), arrangements for the payment of commissions to third parties (such as VIP managers and affiliates), restrictions on inducements to certain customers, requirements on online content services (including social media platforms) to prevent restricted users from accessing gambling content, prohibitions on lottery-style products (being online keno and foreign matched lotteries) and the introduction of a national Wagering Advertising Opt-out Register.<\/p>\n<p>Alongside these reforms is an increased regulatory and enforcement focus on compliance with gambling laws (including licence obligations) and AML\/CTF laws.<\/p>\n<p>However, it is important to note that Australia is a mature gambling market and, while there are increasingly restrictive measures in place for the operation of a gambling business, the gambling market remains strong. It is important for gambling businesses to respond to this regulatory and social risk by proactively demonstrating compliance and effective harm minimisation measures.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If a gambling start-up was looking for a jurisdiction in which to commence its activities, why would it choose yours?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Whilst Australia is a mature gambling market, and established gambling businesses perform well, it is difficult for a gambling start-up to commence business in Australia. There are multiple barriers to entry into the Australian market for traditional gambling operators, most notably the costs involved (with both setting up business and ongoing operational costs).<\/p>\n<p>However, having said that, there are opportunities for start-up gambling businesses to establish a presence in Australia, particularly where those businesses are not traditional gambling operators. For new market entrants of innovative gaming products (including those that utilise new technologies in non-traditional applications), the Australian regulatory framework is less rigid than for traditional gambling businesses, and there is opportunity to engage with regulatory authorities to establish a business that remain within the parameters of the regulatory framework. Additionally, the size of the market remains an attractive opportunity for operators seeking to enter the Australian market.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">8488<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/153920","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=153920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}