Online Gambling Legislation Australia
- There is no single overarching statute regulating gambling activities in Australia, nor is there a single overarching gambling authority. Instead, gambling in Australia is regulated at both the State/Territory and Federal level.
- Until recently, the Interactive Gambling Act was the only law regulating the legality of online gambling in Australia. The Interactive Gambling Amendment Bill of 2016 is recent legislation that has passed through the legislative process successfully and is awaiting to be signed into law.
- Online Gambling
- Online Gambling Legislation Australia 2020
- Online Gambling Legislation Australia Immigration
Australia is a gambling nation. It is one of the most trafficked markets in the country through legal brick-and-mortar channels, but online gambling is a different story. This page is dedicated to explaining the full legal structure of gambling in Australia and has information on the standing laws, any amendments, the regulatory bodies in charge and more. You will learn about which gambling options are legal and which ones to avoid. Australia is a vast gambling community, but it is well regulated. Use this page as a legal resource for gambling options in Australia and our homepage as a resource for gambling laws by country.
Is Gambling Legal In Australia?
Yes, but only certain forms of gambling. Australian gambling laws were quite lenient in the past, allowing for brick-and-mortar establishments and some online gambling options. The current legal gambling framework still permits brick-and-mortar gambling, but online options are scarce due to tighter restrictions. There are explanations of the laws below.
Australia’s online gambling laws, specifically the Interactive Gambling Bill of 2001, prohibit casino gaming, or “interactive” gambling. While bookmakers can apply for an online license, casinos are strictly land-based operations.
Gambling Laws In Australia
Interactive Gambling Act 2001 – The Interactive Gambling Act was Australian Parliament’s way of addressing online gambling. At the time, Aussies were able to access locally based sites for real money games. Offshore gambling sites were also an option. This law targeted domestic operators and made it illegal for them to offer services to residents. It also made it an illegal offense to advertise Australian online gambling products and services locally (including all forms of media). The law permitted domestically based online sites to offer services to ‘designated countries,’ but not local citizens. The only form of domestic online wagering allowed was sports betting through a local service. You can find more information on our Interactive Gambling Act 2001 page.
Interactive Gambling Amendment Bill 2016 – Australian gambling laws remained the same for more than a decade. It wasn’t until 2016 that changes were made. These changes came through the Interactive Gambling Amendment Bill 2016. The new IGA tightened restrictions on online gambling by banning almost all digital gambling forms, no matter if they are licenced offshore or not. The amendment also ceased all gambling advertisements during sporting events. Any online operator wishing to do business in Australia must obtain a licence through the proper regulatory channels. In-play betting was another target of this bill and made it illegal for local punters to participate in. Learn more about the specifics of this law on our Interactive Gambling Amendment Bill 2016 page.
Regional Laws – Gambling legislation is divvied up between individual states and provinces. These laws are similar in nature but have minute differences between them. As such, it is important to understand the different territorial legal codes pertaining to gambling based on where you reside in Australia. Our Australian Regional Laws page has more information on the individual laws.
Who Regulates Gambling In Australia?
Gambling regulation in Australia is twofold. There are some federal departments tasked with widespread regulation, but the bulk of responsibility lies with individual states and provinces. This site focuses on the federal end of regulation and covers:
- The Australian Communications and Media Authority
- Polices telephone and online (remote) gambling
- The Australian Transaction Reports and Analysis Centre
- Regulates money laundering activities
- The Australian Federal Police
- Enforces interactive gambling and financial legislation
Forms Of Legal Gambling In Australia
There are multiple land-based gambling establishments that are considered legal in Australia. These include brick-and-mortar casinos which host slots, table games, poker (including pokies, or virtual poker machines) and more. Sports and race betting is considered legal in Australia, but only through properly licenced and regulated outlets. In fact, sports betting is the only form of online gambling legally permitted to be offered to Australian residents from domestically based sites. The largest online platform is known as TAB and hosts sports gambling and racing bets. There is no in-play betting allowed per the local gambling laws.
Minimum Gambling Age in Australia
In Australia, the minimum gambling age is standard nationwide. To enter a casino in Australia, regardless of state, requires gamblers to meet the minimum age of eighteen. This fixed legal age applies to lottery ticket purchasing, sports betting and race betting, bingo, casino games, poker and all real money betting.
Curtailing Gambling Addiction In Australia
The reason why gambling laws are so stringent is that Australia has a high number of cases of problem gambling. Gambling addiction is taken very seriously in the country and there are multiple regulations in place to keep it in check. This is why in-play betting is considered illegal and not allowed via any licenced and regulated Australian betting outlet. The government made changes to protocols in the time leading up to the IGA 2016. These changes were meant to help problem bettors in the country. For example, there is a self-exclusion register for online bookmakers. This helps to keep problem gamblers from accessing sites. There is another option for bookmakers to establish a betting limit to help gamblers avoid getting into financial hardships. Some bookmakers used to be allowed to offer lines of credit, however, this practice has since been disallowed.
Any Reformations Planned For The Near Future?
There may some further amendments to the IGA. If anything, these would strengthen the restrictions on licenced offshore gambling sites. As things stand now, individuals are not targeted for using offshore sites. Some sites’ IP addresses may be blocked, but there are others still accessible to Aussie punters. Perhaps new legislation would tighten reinforcements on individuals as opposed to just operators.
Gambling Laws Lead To Gambling Operator Exit
Since the gambling laws have gotten so restrictive, many online operators decided to leave the Australian market. For example, notable online poker sites like 888Poker left with the passing of the reformed IGA. The new laws create potential financial hardships and limit these operators’ access to a lucrative gambling pool, so it makes sense why they would leave. Some groups are lobbying for certain operators to be permitted, but the current framework makes it difficult for any licenced online gambling operator to have a legitimate chance in this market. As of now, there are no concrete plans to change the legislation.
Gambling Help Resources In Australia
Australia has yet to fully embrace online gambling. It has made progress when compared to the United States, but is far behind European countries.
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.
Online Gambling
Is online horse racing legal in Australia?
Yes. The same companies that offer online sports betting also accept wagers on horse races.
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.
Online Gambling Legislation Australia 2020
Have any online poker or casino operators been convicted in Australia?
Online Gambling Legislation Australia Immigration
The Australian government has never taken legal action against offshore gambling sites.