Discover all the intricacies of gambling regulations and issues related to problem gambling in Australia.
The realm of gambling in Australia, including online wagering, sports betting, and lotteries, is meticulously regulated and subject to licensing requirements. Therefore, any entities seeking to venture into the Australian gambling market must conduct a thorough examination of the regulations within the specific states where they intend to operate.
It’s crucial for companies to give particular attention to responsible gambling policies, as Australia contends with gambling addiction issues. A recent report highlights a distressing statistic of 184 suicides linked to gambling in Victoria alone.
Let’s delve into the domain of Australian gambling regulations.
Who’s Impacted?
Compliance requirements in Australia can vary, contingent on the state or territory and the nature of the gambling activity. Nonetheless the following categories of gambling and gaming activities are subject to regulations:
· Casinos: Brick-and-mortar casinos within Australia are obliged to adhere to stringent regulations and licensing prerequisites dictated by state authorities.
· Gaming Machine Operators: Those engaged in the operation of gaming machines, often referred to as “pokies” or slot machines, must comply with the pertinent state and territory regulations encompassing all aspects of operating and maintaining gaming machines.
· Bookmakers, Online Betting and Gambling Operators: Entities offering race and sports betting, as well as other online betting and gambling services in Australia, must conform to the regulations prescribed by the respective state and territory authorities. Additionally, the Australian Communications and Media Authority (ACMA) mandates regulatory oversight in this sector.
· Lotteries and Keno Operators: Operators of lotteries and keno games are mandated to adhere to regulations specific to their respective jurisdictions.
· Gaming and Betting Equipment Manufacturers and Suppliers: Businesses involved in the production, supply, or servicing of gambling equipment, encompassing gaming machines, betting terminals, and associated software, must comply with regulations governing their industry at state and territory levels.
· Charities: Organizations conducting fundraising events involving games of chance or gambling, such as raffles or bingo, are obligated to adhere to particular regulations governing the conduct of these activities, which may differ among states and territories.
· Advertising and PR Agencies: Companies and individuals engaged in promoting gambling services via advertising and sponsorship agreements must ensure compliance with regulations governing the content and placement of gambling advertisements. The ACMA holds the responsibility for enforcing these rules.
· Individuals: Individuals participating in gambling activities must also observe relevant regulations, which may include age restrictions and responsible gambling practices.
Illegal gambling activities in Australia encompass:
· Casino-style games (e.g., poker, blackjack, and roulette)
· Scratch-and-win games
· In-play betting on sporting events
· Sports betting services lacking Australian licenses
· Betting on the outcomes of lotteries
The Surge of Online Gambling
Online gambling in Australia has experienced an 8% growth from 2020 to 2022 and continues to expand. More online gambling operators are entering the market, and a growing number of individuals are participating in diverse online betting forms, including sports betting, casino games, poker, and more.
Gambling Challenges in Australia
According to the Australian Institute of Health and Welfare, “gambling is a major public policy issue in Australia, affecting the health and wellbeing of individuals and families in a range of ways.” Australia grapples with various gambling-related challenges, such as:
· High gambling participation: The nation exhibits one of the world’s highest rates of gambling participation, with a significant segment of the adult population engaging in sports betting, poker machines (pokies), casino gambling, and lotteries.
· Problem gambling prevalence: A subsection of the population experiences harm associated with gambling, leading to issues like problem gambling or gambling addiction. Studies indicate that estimated problem gambling prevalence rates fall between 0.5% and 1.0%, with an additional 1.4–2.1% at risk of developing problems. This equates to over 395,000 Australians. Problem gambling often manifests as a recurring condition, with relapse rates around 75%.
In response to these issues, a credit card betting ban was introduced to prevent individuals in Australia from gambling with funds they don’t possess.
· Youth gambling: Concerns have been raised about the growing prevalence of youth gambling in Australia. Young people are exposed to gambling advertisements and may engage in sports betting and other forms of gambling at an early age.
· Impacts on mental health, finances, and society: Problem gambling can have severe repercussions on mental health, contributing to conditions like anxiety, depression, and, in extreme cases, suicidal thoughts or actions. The social costs of gambling are substantial, estimated at approximately $7 billion in Victoria alone (source: Victorian Responsible Gambling Foundation, November 2017).
These challenges have prompted rigorous monitoring and regulation of the gambling industry to strike a balance between safeguarding consumers, promoting responsible gambling, and preserving economic interests.
Regulatory Oversight in Australia, there is no single overarching gambling authority. Each state has its own regulator, responsible for granting licenses, ensuring compliance, and overseeing legal enforcement. Here are some of the key state regulators:
· Australian Capital Territory (ACT): The Gambling and Racing Commission functions as the independent gambling authority overseeing licensing, compliance, and education.
· New South Wales (NSW): Licensing and compliance are managed by the Liquor and Gaming New South Wales (L&GNSW), while the Independent Liquor and Gaming Authority (ILGA) handles various casino, liquor, registered club, and gaming machine regulatory functions. Some ILGA licensing responsibilities are delegated to the L&GNSW.
· Northern Territory (NT): Compliance and licensing responsibilities fall under the purview of the Northern Territory Racing Commission (NTRC).
· Queensland (Qld): The Queensland Office of Liquor and Gaming Regulation (QOLGR) manages licensing and compliance. The Office of Regulatory Policy (QORP) handles policy development and legislation concerning liquor, gaming, and fair trading.
· South Australia (SA): Policy, licensing, and compliance related to betting activities, as well as casinos, gaming machines, and lotteries, are governed by the Consumer and Business Services (CBS).
· Tasmania (Tas): Licensing and compliance are overseen by the Tasmanian Liquor and Gaming Commission (TLGC).
· Victoria (Vic): The Victorian Gambling and Casino Control Commission (VGCCC) is an independent gambling authority responsible for licensing and compliance, while the Office of Liquor, Gaming, and Racing manages policy, legislation, and regulation.
· Western Australia (WA): All matters related to policy, licensing, and compliance are supervised by the Western Australian Department of Racing, Gaming, and Liquor.
At the federal level, the Australian Communications and Media Authority (ACMA) is responsible for setting advertising guidelines and regulations pertaining to the content and placement of gambling advertisements. The ACMA has taken measures to block illegal offshore gambling websites, directing internet service providers to restrict access to these sites.
Key Regulations
Online gambling in Australia is regulated at the federal level by the Interactive Gambling Act 2001 (Cth) (IGA), which outlines the overarching online gambling policy for the country. However, Australian states and territories independently govern online gambling within their jurisdiction, aligning with the principles outlined in the IGA.
Land-based gambling within Australia is regulated at the state and territory levels. Each of Australia’s eight states and territories autonomously regulates gambling, gaming, and betting activities within their geographical boundaries. The following is a selection of relevant regulations across regions:
· New South Wales
· Betting and Racing Act 1998 (NSW)
· Casino Control Act 1992 (NSW)
· Community Gaming Act 2018 (NSW)
· Gaming Machines Act 2001 (NSW)
· Public Lotteries Act 1996 (NSW)
· Northern Territory
· Racing and Betting Act 1983 (NT)
· Gaming Control Act 1993 (NT)
· Gaming Machine Act 1995 (NT)
· Unlawful Betting Act 1989 (NT)
· Totalisator Licensing and Regulation Act 2000 (NT)
· Queensland
· Breakwater Island Casino Agreement Act 1984 (Qld)
· Brisbane Casino Agreement Act 1992 (Qld)
· Cairns Casino Agreement Act 1993 (Qld)
· Casino Control Act 1982 (Qld)
· Charitable and Non-Profit Gaming Act 1999 (Qld)
· Gaming Machine Act 1991 (Qld)
· Interactive Gambling (Player Protection) Act 1998 (Qld)
· South Australia
· Authorized Betting Operations Act 2000 (SA)
· Gambling Administration Act 2019 (SA)
· Casino Act 1997 (SA)
· Tasmania
· Gaming Control Act 1993 (Tas)
· Victoria
· Casino (Management Agreement) Act 1993 (Vic)
· Casino Control Act 1991 (Vic)
· Gambling Regulation Act 2003 (Vic)
· Western Australia
· Betting Control Act 1954 (WA)
· Casino (Burswood Island) Agreement Act 1985 (WA)
· Casino Control Act 1984 (WA)
· Racing and Wagering Western Australia Act 2003 (WA)
· Racing Bets Levy Act 2009 (WA)
· Australian Capital Territory
· Casino Control Act 2006 (ACT)
· Gaming Machine Act 2004 (ACT)
· Interactive Gambling Act 1998 (ACT)
· Race and Sports Bookmaking Act 2001 (ACT)
· Racing Act 1999 (ACT)
· Totalisator Act 2014 (ACT)
· Unlawful Gambling Act 2009 (ACT)
This is a non-exhaustive list of regulations.
Anti-Money Laundering (AML) Regulations
The federal Anti-Money Laundering and Counter-Terrorism Financing Act 2006 is applicable across all territories. It mandates that all casinos, betting entities, and gaming companies in Australia must comply with the country’s AML regulations. Except for lotteries, gambling and betting companies must:
· Register with the Australian Transaction Reports and Analysis Centre (AUSTRAC)
· Conduct Know Your Customer (KYC) checks
· Maintain records
· Implement anti-money laundering and counter-terrorism financing programs
· Report suspicious transactions
Operator Requirements in Australia
Operators wishing to provide services to Australian gamblers must establish a legal entity within Australia. They must also obtain the necessary licenses and authorizations from the regulators. If the company is foreign, it must appoint a local manager residing in Australia to engage with the competent authorities and have the authority to enter contracts on its behalf.
Operators must open a bank account with an Australian bank to handle player funds. Licensed remote gaming operators are solely permitted to make payments to players through payment processors approved by the regulator.
The share capital of the company must adhere to stipulated requirements, contingent on the type of games offered.
Operators must submit a monthly declaration detailing income from games of chance and associated fees to the local regulator.
Compliance involves adhering to local state regulations, safeguarding minors, and adhering to guidelines regarding the content and placement of promotional materials.
Gambling Activities Requiring Licensing Various forms of gambling activities require licensing in Australia, including:
· Casinos, encompassing table games and gaming machines, typically subject to competitive tender processes for licensing
· Lotteries and scratch-lotteries, with just one operator licensed for all Australian states and territories (excluding Western Australia)
· Keno, conducted in land-based retail venues under separate licenses
· Gaming machines, including poker machines or “pokies,” which may be operated in casinos, hotels, and clubs under license. Certain states and territories impose limits on the number of licensed gaming machines. In Western Australia, gaming machines can only be legally operated in casinos.
· Betting, which includes totalizator betting. Currently, one operator is licensed to conduct off-course betting and totalizator betting in all Australian states and territories, except Western Australia, where off-course betting is managed by a government entity.
Eligibility for a land-based gambling license is contingent upon meeting the requirements outlined in the relevant statutes of each state and territory. Operators must ensure that all players are at least 18 years of age.
Online gambling, as outlined in the Interactive Gambling Act 2001 (IGA), generally prohibits interactive gambling services. Nevertheless, it makes an exception for:
· Regulated interactive gambling services, such as lottery, gaming, wagering, and betting with a license
· Games are not classified as either a banned interactive gambling service or a regulated interactive gambling service. These may be offered without the need for a license.
Operators have the option to secure a license for a regulated interactive gambling service from an applicable state or territory in Australia. Once licensed, they are authorized to offer their services throughout all states and territories.
