Gaming Legislation In Australia

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Australia has yet to fully embrace online gambling. It has made progress when compared to the United States, but is far behind European countries.

Published under the Legislation Revision and Publication Act 2002 1 South Australia. Lottery and Gaming Act 1936. An Act relating to lotteries and gaming. Part 1—Preliminary. 3A Commencement of. Lottery and Gaming Act Amendment Act (No. 4 Interpretation. 4AB Act subject to other Acts authorising gambling. Act No: 050 of 1987. Assent Date: 8 Oct 1987. Portfolio: Minister for Racing and Gaming. Agency: Gaming and Wagering Commission of Western Australia. Consolidated Version. The Gaming and Wagering Commission Act 1987 consolidates the law relating to minor gaming in Western Australia and provides the opportunity for clubs and charities to raise funds through lotteries, Bingo, Two-up and gaming events. The ACT Gambling and Racing Commission legislative authority stems from the Gambling and Racing Control Act 1999. The following list are links to the relevant Gaming Laws and Subordinate Laws that are administered by the Commission. Authorised versions of the ACT Gaming Laws are available from the ACT Legislation Register.

Published under the Legislation Revision and Publication Act 2002 1 South Australia. Gambling Administration Act 2019. An Act to regulate and control gambling activities in the State, to repeal the. Gambling Administration Act 1995. And for other purposes. Part 1—Preliminary. 3 Purpose and objects.

The main form of legislation that covers online gambling in Australia is the Interactive Gambling Act. It was enacted in 2001. The Act only covers the actions of companies offering gambling, not players. Australia law forbids the marketing of unregulated online forms of gambling. No such law covers the action of players at gaming sites.

Sports betting, racing and lotteries are the only forms of online gambling that are legal under the Interactive Gambling Act. There are restrictions on what companies may spread in terms of games.

Which online gambling games are legal in Australia?

[toc]There are no legal restrictions on the games available to players. Online poker, blackjack, craps, roulette, slots, video poker and table games that include cards are all legal to play. Companies that offer these games may not advertise to Australian residents. This means that no licensed sites spread poker and casino games.

The main internet games specifically permitted by law to Australian betting shops involve sports and racing. Traditional pari-mutuel betting on horses is legal for online betting. Sports wagers that involve straight bets, parlays, teasers and futures are also completely legal. The only sports betting niche not legal under the Interactive Gambling Act in on-play.

Interactive Gambling Act

Australia passed the Interactive Gambling Act in 2001. The country enacted this law to deal with the explosion of online gambling during that era. The Interactive Gambling Act banned companies from marketing online poker and casino games. It effectively barred Australian gaming companies from accepting players from within the country for those services.

(1) For the purposes of this Act, an excluded wagering service is:

(a) a service to the extent to which it relates to betting on, or on a series of, any or all of the following:

(i) a horse race;

(ii) a harness race;

(iii) a greyhound race;

(iv) a sporting event;

(b) a service to the extent to which it relates to betting on:

(i) an event; or

(ii) a series of events; or

(iii) a contingency;

that is not covered by paragraph (a).

Australian gambling sites are specifically permitted to offer poker and casino games to players outside of the country. The main condition of this exclusion is that these sites must add other countries to the excluded list upon request from the government.

This did little to prevent online gambling in Australia. Online poker and casino sites located outside the country entered it and accepted Australian players. This annoyed local betting shops that were unable to accept players at restricted games from inside the country.

Australian betting companies are permitted to enter sports betting and racing. Those forms of gaming have a long history of popularity in Australia. Companies that operate bricks-and-mortar shops may accept online sports wagers.

The only exception to the online sports betting exemption is in-play betting. This is where bets are placed on games that are in-progress. This type of wager is illegal over the Internet in Australia, as noted in the quoted law below. They are accepted in person and over the phone. This restriction does not seem to apply to “Click to call” apps that basically provide a workaround to the online restriction by using voice instead of clicks to place wagers.

(1A) Subsection (1) does not apply to a service unless such other conditions (if any) as are specified in the regulations have been satisfied.

(2) Paragraphs (1)(a) and (b) do not apply to a service to the extent to which:

(a) the service relates to betting on the outcome of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event; or

(b) the service relates to betting on a contingency that may or may not happen in the course of a sporting event, where the bets are placed, made, received or accepted after the beginning of the event.

Australia has yet to pursue offshore operators of poker and casino sites. It does not seem to be a priority for the government. There is talk about modifying the Interactive Gambling Act to help it apply better to the constantly evolving online gaming market.

Potential player safety situation caused by Interactive Gambling Act

One of the biggest problems with the Interactive Gambling Act is that it prevents brands familiar with Australian players from participating in the country’s internet poker and casino industry. This opens the door for offshore sites that feel that they are outside of the enforcement arm of Australian law. While many poker and casino sites that accept Australian players are legitimate, there are some that are scams that operate with the sole intent of stealing deposited funds from players.

The lack of access to this market by companies in Australia makes it possible for dodgy operators to enter the market. There is no gaming commission to punish rogue operators. Players have no recourse if they become victims of a scheme.

Australian Online Betting FAQ

Is online sports betting legal in Australia?

Yes. Most Australian betting shops offer internet sites.

Is online horse racing legal in Australia?

Yes. The same companies that offer online sports betting also accept wagers on horse races.

Gaming Legislation In Australia Immigration

What sites accept sports bets from Australian players?

Betway,Bet365, William Hill and Ladbrokes are among the most popular Australian betting sites.

Is online poker legal in Australia?

Online poker is not technically illegal in Australia. Offshore companies that do not market gambling operate in a gray area. Companies located in Australia may not.

Are online casino games legal in Australia?

The same online poker gray area applies to casino games. All sites are located offshore similar to New Zealand.

Gaming Legislation In Australia

Have any online poker or casino operators been convicted in Australia?

The Australian government has never taken legal action against offshore gambling sites.

Gaming law

Liquor & Gaming NSW is responsible for the implementation of government policies designed to balance sustainable business development with the need to reduce harms associated with problem gambling.

In the gaming area, L&GNSW is responsible for:

  • advising in relation to the development and implementation of government policy
  • ensuring compliance
  • monitoring revenue collected from gaming activity
  • overseeing technical standards for gaming machines

The Office of Responsible Gambling and Responsible Gambling Fund Trust is responsible for administering the Responsible Gambling Fund, which funds services for problem gamblers.

Gaming Legislation In Australia

Wagering law

Wagering is regulated in NSW under the Betting and Racing Act 1998 and the Totalizator Act 1997, which prescribe:

  • who may offer betting services
  • the events on which betting is permitted
  • requirements that betting service providers must comply with.

Liquor & Gaming NSW Telephone, Electronic and Declared Betting Event authorities

The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses (on-course) or other approved premises (off-course) approved by the relevant racing controlling body, Racing NSW, Harness Racing or Greyhound Welfare Integrity Commission.

An application for these authorities must be made to both the Racing Controlling Body AND the Minister (Liquor & Gaming NSW).

Application process

In conjunction with any application to your controlling body, an application can be made in the form of an email to the Liquor & Gaming Revenue Assurance and Integrity Unit, requesting authority to conduct telephone, electronic and/or declared events betting under the Act. Your application should be addressed to the Manager Compliance, Revenue Assurance and Integrity Unit, and contain:

  • Name
  • Address
  • Confirmation of your status as a licensed bookmaker
  • Racing controlling body who has licensed you as a bookmaker
  • What authorities you are applying for
  • Any additional information you see necessary

In support of your application you are also required to provide the following information (if applicable) in the form of a Statutory Declaration:

  • The location you wish to conduct Telephone, Electronic and/or Declared Events Betting;
  • Whether the approved office or premise is open, or available for use by, the public or a section of the public;
  • Which electronic betting system will be used to facilitate betting in the on-course office or approved premises;
  • Which telephone betting system will be used to facilitate betting in the on-course office or approved premises;
  • Whether you will have a staff member in attendance at all relevant times, to determine and process any bet;
  • Whether a website and/or an application will be used to facilitate electronic betting;
  • If a website and/or application will be used to facilitate electronic betting, please provide the details of the name and web address;
  • Whether the website and/or application will contain a privacy policy and code of practice and if so, could this please be provided;
  • Whether the website and/or application will clearly publish guidelines regarding cancellation of bets and how that process will be managed and if so, could this please be provided;
  • Whether the website and/or application will provide for the promotion of responsible wagering;
  • What guarantees do you have with the NSW Bookmakers Co-operative; and
  • Address any issues that might adversely affect your application or raise questions regarding integrity.

It is noted that L&GNSW may request further information throughout this process and will liaise with the relevant controlling body regarding the application.

Any betting authority issued will be subject to, but not limited to the:

  • Betting and Racing Act 1998
  • Totalizator Act 1997
  • Betting and Racing Regulations 2012
  • The Minister’s NSW Bookmaker Telephone and Electronic Betting Conditions and any further conditions imposed under 16(5) of the Act
  • Any rules or conditions imposed for Declared Events Betting under Division 2 & 2A of the Act
  • Any rules and conditions imposed by the relevant controlling body

Please note, the approvals of these authorities do not pertain to the approval of laying totalizator odds or dealing in totalizator tickets off a licensed racecourse (whether or not it is from an approved premise) and is an offence under section 88 of the Totalizator Act 1997. There is no exception to section 88 of the Totalizator Act 1997.

The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses or other approved premises.

The Minister for Better Regulation and Innovation can declare sports and other events as betting events in NSW. Declared events are listed in the: Schedule of Declared Betting Events and Approved Forms of Betting PDF, 274.62 KB.

This schedule forms part of the Bookmaker Declared Betting Events Betting Rules PDF, 149.52 KB.

The Betting Glossary of Terms PDF, 13.85 KB defines the various form of betting available.

In December 2015, changes were made to the application process and requirements for new declared betting events and bet types. For further information on these reforms, please see Sports wagering in NSW

Gaming Legislation In Australia New Zealand

Relevant Acts

Gaming Legislation In Australia South Africa

Visit Legislation NSW for all Acts and Regulations.