Recently, the ACMA has also taken the step of warning social media influencers about the risks and potential penalties involved with them promoting illegal gambling websites and apps. Further, the ACMA has also been very active in engaging with overseas regulators and other parties concerning the illegal offering of online gambling products in Australia. It is worth noting also that significant fines in the hundreds of millions have been levied against the Vic, NSW and Qld best casino in brisbane licensees to date and other fines are possible as regulatory processes continue.
Recently, there have been increasing calls for a ban on or stricter restrictions for gambling ads as well as implementing cashless gambling cards with preset limits. More online gambling operators like Gigabet and Titanbet are entering the market, and more people are participating in various forms of online betting, including sports betting, casino games, poker, and more. There has been significant growth in this area with various business models implemented (including ‘membership-style’ businesses) which have been investigated by regulatory authorities and are the subject of litigation in the SA. In a land-based context, the Victorian regulator has been particularly active in targeting underage gambling in pubs and clubs in particular – a practice that is illegal in all Australian jurisdictions. At the time of writing, casino licensees in NSW and Qld have been deemed unsuitable to hold the licences issued in those jurisdictions. Other regulatory action has been taken for responsible gambling, advertising-related and other matters. The use of digital currencies (including cryptocurrency) for gambling purposes is not common in the jurisdiction and, in the case of online wagering and betting, was expressly prohibited following amendments to the Interactive Gambling Act in 2024.
For completeness, it is worth noting that, to a lesser extent, local government bodies in most states and territories also regulate gambling from a local government and town planning perspective, but typically only as it relates to gaming machines and their operation within the relevant municipal district. Each of Australia’s eight mainland states and territories separately regulates gambling activities within each of their respective jurisdictions. Such sweepstakes games can be differentiated from ‘trade promotion lotteries’ which are common in the jurisdiction. Unlike other jurisdictions, sweepstakes models which involve redemptions outside the platform are not operated in this jurisdiction (at least in any overt manner). "Every study shows that the person who gets in trouble with gambling, if they set their limits, money and time before they're in front of that mesmerising machine, actually set much more sensible limits," he said. Gamblers will be required to set limits for how long they play, how much they spend and lose, and will no longer be able to play when they reach any of these benchmarks.
Enforcement action by the ACMA is also likely to continue following the implementation of various legislative changes, including in relation to illegal gambling sites and following the recent commencement of the NSER. AUSTRAC has also recently commenced the first prosecution of a prominent licensed club group for alleged breaches of the AML/CTF Act related to its operation of gaming machines. The introduction of the power for particular regulators to issue penalty infringement notices for certain gambling-related offences as an alternative to commencing court action has been a recent development in this jurisdiction. 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.
An application for a Corporate Bookmaker Licence issued in the NT, 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. Casino licences can typically only be applied for through a competitive tender process run by the relevant state or territory. Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities are also required to hold a relevant licence (including providers of gaming machine monitoring services). There are often strict local government planning requirements that must be met in relation to gaming machines.
This resulted in the introduction of credit card betting ban legislation in Australia, which aims to prevent people in Australia from betting with money they don’t have. Online gambling service providers are mandated to complete Applicable Customer Identification Procedures (ACIP) before creating an online gambling account or providing any designated services. Operators must follow the requirements regarding the minimum share capital of the company depending on the type of game it offers. Online gambling in Australia is regulated at the federal level by the Interactive Gambling Act 2001 (Cth) (IGA) which outlines the general regulation of online gambling in Australia. However, licensing responsibilities remain with state and territory regulators rather than the ACMA. In Australia, gambling compliance requirements vary by state or territory and by the type of gambling service offered.
Queensland does not have specific laws prohibiting players from accessing these services, though the law prohibits Australian-based companies from offering such services without proper licensing. Any new operator must secure approval through Queensland’s rigorous licensing process, which protects both workers and consumers during ownership transitions." "The probity concerns affecting Star Entertainment highlight the importance of robust regulatory frameworks.
Separately, SkyCity Group (SA) was ordered by the Federal Court to pay a $67 million penalty in June 2024, after AUSTRAC launched civil penalty proceedings against it for breaches of the AML/CTF legislation. This has included action taken by AUSTRAC in relation to casino licensees in Vic, NSW, Qld, WA and also SA examining money laundering issues (including those concerning ‘junket operators’). The ACMA has also been particularly active in relation to enforcement action in connection with spam legislation where infringements by a number of wagering operators have been identified.
Legislation prohibits bets being taken by a Corporate Bookmaker on the outcome of a lottery (that is, ‘synthetic lotteries’). The regulator responsible for enforcing the Interactive Gambling Act, the ACMA, has consumer protection responsibilities and powers relating to the enforcement of prohibitions on providing or advertising illegal interactive gambling services. The Interactive Gambling Act provides that it is unlawful for overseas-based operators not holding a relevant state or territory licence to advertise or provide online gambling services to Australian residents. Advocates of cashless gaming consider that it will assist in identifying and preventing improper use of poker machines and mitigate gambling harm when coupled with the use of mandatory pre-commitment limits.