Legislative and Regulatory Review

The focus in 2025 has been the continuing review of the Australian gambling regulatory framework. This process commenced around seven years ago with the implementation of the National Consumer Protection Framework (NCPF) (for online wagering operators) and reviews of various aspects of the business conducted by leading casinos.

This has seen the Australian gambling regulatory regime develop, implement and now ensure enhanced compliance with measures that centre around responsible gambling and the suitability of operators (including their ownership structure and the persons involved in the conduct of the gambling business), as well as address money laundering risks.

Gambling regulators and the Australian Transaction Reports and Analysis Centre (“AUSTRAC”) (the Australian federal regulator responsible for ensuring compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (the “AML/CTF Act”) and the corresponding Rules (the “AML/CTF Laws”) have been active in ensuring continued compliance with relevant laws (including recent amendments) forming part of the Australian gambling regulatory framework.

The Northern Territory Racing and Wagering Commission (NTRWC) has been active in overseeing compliance with the Racing and Wagering Act 2024 (NT) and the Racing and Wagering Regulations 2024 (NT) (together, the “NT Wagering Laws”, which came into effect on 1 July 2024). The NTRWC has published numerous decisions that were pending from complaints received under the previous regulatory framework. The NTRWC has updated licence conditions to reflect the changes to the NT Wagering Laws and its interpretation of the licence conditions.

Prior to the federal general election held earlier this year in Australia, it was anticipated that the Australian federal government would set out its response to the recommendations of the report of the Federal Parliamentary Committee chaired by Ms Peta Murphy MP, entitled “You win some, you lose more”, relating to the online wagering sector (the “Murphy Inquiry”). The federal government did not announce its response prior to the election; however, despite being re-elected, the federal government has not announced its response as at the date of writing, and it is anticipated that its response will be released shortly.

Prior to the federal election and the release of the Murphy Inquiry’s report, there had been statements from officials of the federal government and media reports indicating that further restrictions on the advertising of online wagering services would be implemented. The enforcement actions taken by AUSTRAC against leading Australian casino operators following investigations into their compliance with the AML/CTF Laws concluded with significant penalties being imposed by the Federal Court of Australia – AUD450 million for Crown Melbourne and Crown Perth, and AUD67 million for SkyCity. The last of these cases, against The Star, is still ongoing before the Federal Court of Australia.

AUSTRAC’s review of online wagering operators and their compliance with the AML/CTF Laws that commenced in 2022 is ongoing. The status of each case publicised at the date of writing of this chapter is as follows.

• Entain Australia ‒ the investigation that commenced in September 2022 has resulted in AUSTRAC commencing civil penalty proceedings in the Federal Court of Australia against Entain. These proceedings were filed on 16 December 2024. Serious and systemic non-compliance with the AML/CTF Laws by Entain has been alleged by AUSTRAC. The case is ongoing.
• Sportsbet ‒ an enforceable undertaking has been given to AUSTRAC. The enforceable undertaking binds Sportsbet to an ongoing remedial plan to improve its AML/CTF programme, including the requirement for Sportsbet to appoint an auditor that is tasked with monitoring Sportsbet’s progress with the remediation plan and providing periodic reports to AUSTRAC.
• bet365 ‒ the bet365 enforcement investigation commenced by AUSTRAC in March 2024 is ongoing.

The principal focus of AUSTRAC in the gambling sector in 2025 has been to review compliance with the AML/CTF Laws by gambling venues (namely pubs and clubs) in Australia. This follows AUSTRAC’s 2024 Money Laundering National Risk Assessment, which identified that the pubs and clubs sector was “medium risk”, but particularly susceptible to the risk of money laundering due to the number of cash transactions.

AUSTRAC’s focus on the pubs and clubs sector resulted in Federal Court of Australia proceedings being initiated in July 2025 against Mount Pritchard District and Community Club (“Mounties”). AUSTRAC alleges serious and systemic non-compliance by Mounties with the AML/CTF Laws. Developments in the foregoing enforcement actions are anticipated in the coming months.

The Independent Panel on Gaming Reform, established by the New South Wales (NSW) government in July 2023, was tasked with advising the NSW government in relation to the conduct of cashless gaming trials in hotels and clubs in NSW, gaming reform implementation and providing recommendations for the use of funds allocated to the harm minimisation fund. The Independent Panel on Gaming Reform published its report in November 2024. Amongst the recommendations made in its report was that cashless gaming technology was not currently acceptable to patrons in venues. Recommendations were made for improvements to be adopted before mandatory cashless gaming was introduced.

The NSW government introduced, with effect from 1 July 2024, a suite of responsible gambling measures aimed at the use of gaming machines in hotels and clubs. In the first quarter of 2025, it conducted consultation on the implementation of facial recognition technology.

The New Zealand (NZ) government proposes the introduction of a regulatory regime to license online casino operators to provide services to customers located in NZ. The Online Casino Gambling Bill (the “NZ Online Casino Bill”) was tabled in the NZ Parliament on 29 June 2025. At the date of writing, the NZ Online Casino Bill is being reviewed by a parliamentary select committee. The select committee conducted a public consultation on the NZ Online Casino Bill and will present a report to the NZ Parliament by 4 December 2025.

The regulatory regime is anticipated to come into effect in 2026. A number of these recent changes are discussed in further detail here.

AUSTRAC Proceedings

The Star proceedings

The civil penalty proceedings in the Federal Court of Australia commenced by AUSTRAC on 30 November 2022 against The Star Pty Limited and The Star Entertainment QLD Limited (the “Star Entities”) for alleged breaches of the AML/CTF Laws are ongoing.

Court hearings took place in June 2025. In these hearings, the court heard, among other matters, arguments by the parties in relation to the AUD400 million penalty being sought by AUSTRAC. The Star Entities claimed that the imposition of this penalty would force the Star Entities into insolvency and indicated that the penalty should not exceed AUD100 million. A decision is set to be handed by the Federal Court of Australia.

Entain proceedings

As noted in the foregoing, on 16 December 2024, AUSTRAC commenced civil penalty proceedings in the Federal Court against Entain Group Pty Ltd. AUSTRAC is alleging serious and systemic non-compliance with the AML/CTF Laws, including that Entain failed to develop and maintain a compliant AML programme, and did not conduct appropriate checks on 17 customers deemed high-risk.

It has been reported that AUSTRAC and Entain are conducting mediation to resolve the matter. Further, it was reported that, in August 2025, AUSTRAC amended the statement of claim to remove various claims made against Entain, which had alleged that it had failed to comply with obligations applicable to a remittance provider. The case is ongoing.

Mounties proceedings

On 30 July 2025, AUSTRAC commenced Federal Court civil penalty proceedings against Mounties, alleging breaches of the AML/CTF Laws including a failure to adopt and maintain a compliant AML/CTF programme. A case management hearing is scheduled for 3 December 2025.

Casino Reviews in Victoria, Western Australia, NSW and Queensland – Updates

Victoria

The Victorian Gambling and Casino Control Commission (VGCCC) concluded, in its decision published on 26 March 2024, that Crown Melbourne had returned to suitability to hold the licence to operate the casino in Melbourne, and that it was in the public interest that the Crown Melbourne casino licence remain in force.

Western Australia

The Office of the Independent Monitor and the Western Australian gaming regulator, the Gaming and Wagering Commission (GWA), conducted a final assessment of Crown Perth’s implementation of its remediation plan. The outcome of this assessment was that, on 8 July 2025, the Racing and Gaming Minister determined that no punitive action would be taken against Crown Perth and that it was suitable to continue to hold a casino gaming licence.

With effect from 1 August 2025, Paul Steel, who was the Independent Monitor of Crown Perth, was appointed to the GWA to support ongoing supervision of Crown Perth.

New South Wales

The Star

The report of Adam Bell SC published on 30 August 2024 (the “Bell 2 Report”), following a second independent inquiry into the operations and remediation of The Star in Sydney as required by the NSW Independent Casino Commission (NICC), found that The Star continued to not be suitable to be concerned in or associated with the management and operation of The Star Sydney Casino.

The Bell 2 Report acknowledged that there had been substantial reform of The Star; however, the Bell 2 Report concluded that The Star remained unsuitable. Subsequently, the NICC imposed a pecuniary penalty of AUD15 million against The Star and confirmed that the casino licence would remain suspended.

The term of the special manager appointed to supervise The Star’s operations has been extended to 31 March 2026 (the NICC had initially extended the term to 31 March 2025 following the Bell 2 Report).

Upon extending the term of the special manager, the NICC confirmed that The Star had accepted that the special manager should remain in place for a further six-month period to 31 March 2026, during which time The Star would continue its remediation and implement measures to secure its finances. The NICC continues to monitor The Star’s operations.

Crown Casino

In April 2024, the NICC determined that Crown Sydney was suitable to retain its NSW restricted gaming licence. Further, it was noted that a new regulatory agreement had been entered into between the NICC and Crown Sydney and that the licence had been amended to reflect further conditions.

Queensland

The Queensland government confirmed on 27 March 2025, that The Star’s casino licence in Queensland remains suspended on a deferred basis to 30 September 2026 (this period of suspension was extended from 30 September 2025), and that the term of the special manager had been extended to reflect the extended suspension of the casino licence. This decision was taken following the report of the special manager dated 28 February 2025.

National Consumer Protection Framework

Ongoing compliance with the measures introduced under the NCPF is being monitored by gambling regulators in the Australian states and territories. There have been numerous requests by regulators requiring wagering operators to provide evidence of their compliance with the various measures.

The implementation and effectiveness of BetStop – the National Self-Exclusion Register is under review. As part of the review, a public consultation process was conducted between December 2024 and April 2025. A report on the outcome of the review is expected to be provided to the Minister of Communications in early 2026 and will subsequently be tabled in Federal Parliament.

ACMA’s BetStop Enforcement Actions

As regulator, the Australian Communications and Media Authority (ACMA) has taken several enforcement actions against wagering service providers for breaches of the BetStop rules. As of June 2025, 30,032 people had active exclusions under the BetStop scheme and, as this number grows, the ACMA has been engaged in investigations relating to potential breaches. The following are some key enforcement actions taken during the past year.

• Betchoice Corporation Pty Ltd (Unibet) – fined AUD1 million for failing to close the accounts of 954 of its customers who had registered under Betstop.
• PointsBet Australia Pty Ltd – fined AUD500,800 for 800 messages that breached spam laws. The provider also breached Betstop provisions by delaying the closure of accounts of Betstop-registered customers and by sending marketing messages to self-excluded persons.
• Buddybet Pty Ltd ‒ breached Betstop provisions related to closing Betstop-registered customers and sending marketing materials to self-excluded persons.

NSW Responsible Gambling Measures for Hotels and Clubs

Following the introduction, with effect from 1 July 2024, of responsible gambling measures applicable to clubs and hotels that conduct gaming through the operation in their licensed premises of gaming machines (also known as pokies), the NSW government conducted a consultation on the introduction of facial recognition technology to assist with the implementation and enforcement of player exclusions. The consultation included a draft code of practice for feedback. The consultation closed on 28 March 2025. The NSW government is reviewing the responses to the consultation. No timeline has been given as to the publication of the outcome of the consultation.

Victoria Update

In Victoria, a law had been introduced to prohibit Crown Melbourne (the sole casino operator in the state) from accepting from a person, for the purposes of gambling, more than AUD1,000 in cash in any 24-hour period. This restriction was scheduled to come into effect on 1 December 2025.

However, the introduction of this restriction has been postponed to 1 December 2027. This reportedly followed a submission by Crown that the technology to facilitate the transition from traditional casino games to managed cash accounts does not currently exist.

On 19 August 2025, the VGCCC announced that it had formally censured Crown Melbourne for breaching mandatory pre-commitment rules on its poker machines. The contraventions involved:

• 22 patrons who were able to continue using poker machines even after exceeding their preset time or spending limits between December 2023 and 21 July 2024; and
• ten individuals who accessed casino poker machines using player cards linked to YourPlay accounts that were not registered under their legal names, during the period from 23 December 2023 to 4 August 2024.

Since September 2025, Victoria has been trialling mandatory account-based play in 43 venues with gaming machines across Monash, Greater Dandenong and Ballarat. Scheduled to conclude in November 2025, this trial represents the initial stage of a broader roll-out of carded play on gaming machines across Victoria.

Western Australia Update

The Western Australia government introduced amendments to its gambling laws to increase the enforcement powers of the gambling regulator upon Crown and operators who fail to comply with gambling laws and directions issued by the gambling regulator.

The amendments were introduced in February 2025 following the findings and recommendations of the Perth Casino Royal Commission, which was conducted in 2022.

NZ Update

The NZ government announced in July 2024 that it proposed to introduce laws that will result in the licensing of online casino operators to provide services to customers in NZ.

The NZ Online Casino Bill was tabled in the NZ Parliament in June 2025, and (at the date of writing this chapter) is undergoing a public consultation process conducted by a select committee of the NZ Parliament.

The NZ Online Casino Bill confirms the following.

• It will be illegal to provide online casino services to customers in NZ without the appropriate licence granted by the Secretary of Internal Affairs (the “Secretary”).
• The licence will be specific to the provision of online casino games.
• The number of licences that will be granted will be capped at 15.
• A three-stage process will be adopted to allocate the licences:
1. an expression of interest to participate in the competitive process for a licence;
2. the competitive process for those operators whose expression of interest was accepted; and
3. the licence application process for those operators that would be notified by the Secretary that they may apply for a licence following the competitive process.
• The term of the licence will be three years, with a right to renew for a further five years.
• Online casino services cannot be provided legally to customers located in NZ after 1 July 2026, unless the relevant operator has either been granted a licence by the Secretary or has applied for a licence following the notification from the Secretary.

Subject to the parliamentary process, the NZ Online Casino Bill is anticipated to be enacted at the end of 2025 or early 2026.

Prior to the NZ Online Casino Bill being tabled, the Department of Internal Affairs conducted targeted consultation in relation to various matters that will be addressed in regulations. These include harm minimisation and consumer protection, advertising and fees. It is anticipated that regulations will be enacted shortly after the NZ Online Casino Bill is enacted.

The three-stage licence process outlined in the foregoing will only commence after the NZ Online Casino Bill and the regulations are enacted. The licensing process is anticipated to be conducted in the first half of 2026.

Amendments were introduced in NZ in 2024 to include a requirement for offshore online gambling operators providing online gambling services (ie, online casino type games) to customers located in NZ to pay an offshore gambling duty. The requirement came into effect from 1 July 2024. The operators are currently required to pay a 12% offshore gambling duty in addition to goods and services tax (GST). However, the NZ government has recently announced plans to increase the gambling duty to 16%, with the additional 4% to be directed towards community investment.

On 28 June 2025, the NZ government enacted an amendment to its racing laws that effectively granted a monopoly on online betting to TAB NZ (which is partnered with Entain for the provision of its wagering services to customers in NZ). With effect from the amendment, offshore wagering operators are prohibited from providing online betting services to customers located in NZ.

Recent Trends

Social gaming

From 22 September 2024, in accordance with amendments made to the Guidelines for the Classification of Computer Games (the “Guidelines”), computer games containing loot boxes or simulated gambling (including social casinos) are subject to mandatory classification requirements.

The Guidelines require that computer games:

• featuring paid loot boxes and other forms of in-game purchase linked to chance will be subject to a minimum classification of M (Mature – not recommended for children under 15 years of age); and
• being social casino games and other games containing simulated gambling will be subject to an R18+ classification (for adults only).

As a result of the new classification requirements, game providers must implement a change to the manner in which their products are presented, categorised and advertised.

Esports

Sports bookmakers licensed in the Northern Territory are permitted to take bets on certain esports official tournaments and/or competitions. However, some states do not permit betting on esports.

Esports continues to be an activity that is growing in popularity in Australia, and developments regarding esports betting should be expected with the growth of the esports sector. This was enhanced by the COVID-19 pandemic, during which esports gained more prominence because events could continue to be provided, and more operators invested in understanding and providing betting on esports.

Australian police have prosecuted individuals for match-fixing offences relating to esports events.

Fantasy sports

Where recognised as a gambling service, fantasy sports in Australia are usually provided under a sports bookmaker licence in order to be legal and, as such, are regulated under the same provisions as apply to online betting services.

Skill gaming

The regulatory approach to skill gaming in Australia varies significantly depending on the state or territory in which the offering is made. It is, therefore, important for an operator to review the applicable legislation and the regulator’s policy in each state and territory when considering whether it is legal or permitted to offer skill games.

The different approaches adopted to skill gaming make it difficult for an operator to offer skill games throughout Australia, and an in-depth understanding of the regulatory framework is required prior to making skill games available. In some states or territories, online games of skill are prohibited, which may be a reason why operators are hesitant to make their skill games available in Australia.

Blockchain or cryptocurrency

The use of blockchain technology in gambling is not permitted in Australia, and the use of cryptocurrency or any other digital currency was prohibited with effect from 11 June 2024.

Online gambling is regulated at the federal level in Australia under the Interactive Gambling Act 2001 (IGA). However, in accordance with the principles established in the IGA, Australian states and territories separately regulate online gambling in their respective jurisdictions under the relevant legislation.

Betting

Under the IGA, betting is considered to be an “excluded wagering service”. Accordingly, online betting may be provided legally under the IGA as a “regulated interactive gambling service” when offered by an operator that holds a licence granted by an Australian state or territory.

Bingo

The treatment of online bingo games is unclear under the IGA. The authorities, however, view online bingo as being prohibited under the IGA, and as unable to be provided legally to persons present in Australia.

Casinos

The offering of online casinos is prohibited under the IGA and cannot be offered legally to persons physically present in Australia.

Lotteries

Under the IGA, a lottery will be considered an “excluded lottery service” if it is a service for the conducting of a lottery or a service for the supply of lottery tickets. Accordingly, online lotteries may be conducted legally as a “regulated interactive gambling service” when offered by an operator that holds a licence granted by an Australian state or territory.

Online scratch lotteries and any other online instant lotteries are specifically excluded from the definition of “excluded lottery service” and are, therefore, prohibited under the IGA.

The federal government released an Issues Paper in July 2024 to seek feedback to assist the government in understanding the impact of keno-type lotteries and foreign-matched lottery products and their gambling harm risks.

Fantasy Sports

Fantasy sports are treated as a betting activity under Australian law.

Social Gaming

A game constitutes a gambling service if the following three elements are present:

• prize element – the game is played for money or anything else of value;
• chance element – the game is a game of chance or mixed chance and skill; and
• consideration element – a customer of the service pays, or agrees to pay, to play or enter the game.

Generally, the prize element and/or consideration element will not be present in a social game. In such circumstances, social games would not constitute a gambling service under the IGA and would not require a licence to be offered.

Classification requirements were introduced on 22 September 2024 in relation to computer games and social games containing gambling-like content (see 1.1 Current Outlook and Recent Changes).

Poker

Under the IGA, poker is considered a gambling service and is prohibited. It cannot be offered legally online to persons physically present in Australia.

Land-based gambling is regulated at the state and territory level. Unlike online gambling, there is no legislation regulating land-based gambling specifically at the federal level. It should be noted that certain federal laws are applicable; for example, the AML/CTF Laws. Each state and territory has specific legislation for the regulation of land-based gambling.

Betting

Land-based betting can be provided on-course by licensed bookmakers in all Australian states and territories (some of these bookmakers also provide services online or over the telephone).

In each state and territory, licensed entities can conduct off-course betting. However, a subsidiary of Tabcorp Holdings Ltd (a company listed on the Australian Securities Exchange) holds the off-course betting licence in all states and territories, except for Western Australia. The licensee is also granted a statutory monopoly to conduct totalisator betting. In Western Australia, the licence is held by a government entity.

Poker

Licensed casinos can conduct land-based poker. Poker may also be played in hotels and clubs, provided that no third party collects a share or percentage from the amounts paid by the players to participate in the poker game.

Bingo

Land-based bingo games are treated differently under the laws of each state and territory. Generally, a licence will not be required if the prize is below a threshold established in the applicable legislation.

Casinos

Casino games are offered in land-based casinos under the licence(s) issued in each state and territory. The games that may be offered under a casino licence are table games (including poker) and gaming machines.

Gaming Machines

Gaming machines that offer slots games – known as poker machines in Australia – are permitted in land-based casinos licensed in each state and territory. Slots are also permitted in clubs and hotels in all states and territories (except Western Australia) under the relevant legislation.

Lotteries

Land-based lotteries can be conducted in Australia under a licence issued by each state and territory. An exclusive licence is granted in each state and territory to conduct a lottery. The Lottery Corporation Limited (a company listed on the Australian Securities Exchange), through its subsidiaries, holds the lottery licence in each state and territory, except for Western Australia. Lottery tickets are available for purchase through newsagents and convenience stores, as well as online.

The following list of Australian gambling legislation at various levels is not exhaustive. Various rules, guidelines, directions, orders and standards that are issued by the regulator and/or the responsible minister also apply to the gambling sector and must be complied with.

Federal

The following laws apply at the federal level:

• IGA;
• Interactive Gambling Regulations 2019;
• Interactive Gambling (National Self-exclusion Register) Register Rules 2022;
• AML/CTF Act; and
• Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No 1).

New South Wales

The following laws apply in NSW:

• Betting and Racing Act 1998;
• Betting and Racing Regulation 2022;
• Betting Tax Act 2001;
• Casino Control Act 1992;
• Casino Control Regulation 2019;
• Community Gaming Act 2018;
• Community Gaming Regulation 2020;
• Gambling (Two-Up) Act 1998;
• Gaming and Liquor Administration Act 2007;
• Gaming and Liquor Administration Regulation 2024;
• Gaming Machines Act 2001;
• Gaming Machines Regulation 2019;
• Gaming Machine Tax Act 2001;
• Public Lotteries Act 1996;
• Public Lotteries Regulation 2016;
• Totalizator Act 1997;
• Totalizator Regulation 2022;
• Totalizator Agency Board Privatisation Act 1997;
• Unlawful Gambling Act 1998;
• Unlawful Gambling Regulation 2021; and
• Bookmaker Declared Betting Events Betting Rules.

Queensland

The following laws apply in Queensland:

• Betting Tax Act 2018;
• Breakwater Island Casino Agreement Act 1984;
• Brisbane Casino Agreement Act 1992;
• Cairns Casino Agreement Act 1993;
• Casino Control Act 1982;
• Casino Control Regulation 1999;
• Casino Gaming Rule;
• Charitable and Non-Profit Gaming Act 1999;
• Charitable and Non-Profit Gaming Regulation 1999;
• Charitable and Non-Profit Gaming Rule 2010;
• Gaming Machine Act 1991;
• Gaming Machine Regulation 2002;
• Interactive Gambling (Player Protection) Act 1998;
• Interactive Gambling (Player Protection) Regulation 1998;
• Jupiters Casino Agreement Act 1983;
• Keno Act 1996;
• Keno Regulation 2007;
• Keno Rule;
• Lotteries Act 1997;
• Lotteries Regulation 2007;
• Lotteries Rule;
• Queen’s Wharf Brisbane Act 2016;
• Queen’s Wharf Brisbane Regulation 2016;
• Racing Act 2002;
• Racing Regulation 2023;
• Racing Integrity Act 2016;
• Racing Integrity Regulation 2016;
• Wagering Act 1998;
• Wagering Regulation 1999; and
• Wagering Rule 2010.

Victoria

The following laws apply in Victoria:

• Casino (Management Agreement) Act 1993;
• Casino Control Act 1991;
• Casino Control Regulations 2023;
• Casino Control (Fees) Regulations 2015;
• Gambling Regulation Act 2003;
• Gambling Regulations 2015;
• Gambling Regulation (Pre-Commitment and Loyalty Scheme) Regulations 2014;
• Gambling Taxation Act 2023;
• Racing Act 1958;
• Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024;
• Victorian Ministerial Direction for Responsible Gambling Codes of Conduct for Venue Operators dated 21 February 2020;
• Victorian Ministerial Direction for Responsible Gambling Codes of Conduct dated 31 March 2023; and
• Victorian Ministerial Direction for Harm Minimisation dated 6 July 2022.

Northern Territory

The following laws apply in the Northern Territory:

• Gaming Control Act 1993;
• Gaming Control (Community Gaming) Regulations 2006;
• Gaming Control (Gaming Machines) Regulations 1995;
• Gaming Control (Internet Gaming) Regulations 1998;
• Gaming Control (Licensing) Regulations 1995;
• Gaming Control (Reviewable Decisions) Regulations 2014;
• Gaming Control (Taxes and Levies) Regulations 2015;
• Gaming Machine Act 1995;
• Gaming Machine Regulations 1995;
• Gaming Machine Rules 2001;
• Racing and Wagering Act 2024;
• Racing and Wagering Regulations 2024;
• Totalisator Licensing and Regulation Act 2000;
• Totalisator Licensing and Regulation Regulations 2000;
• Totalisator Licensing and Regulation (Arbitration) Regulations 2000;
• Northern Territory Code of Practice for Gaming Harm Minimisation 2023;
• NT Internet Gaming Code of Practice Harm Minimisation 2025;
• Northern Territory Code of Practice for Responsible Gambling 2022;
• Northern Territory Code of Practice for Responsible Online Gambling 2019; and
• Northern Territory Code of Practice for Responsible Service of Online Gambling 2019.

Australian Capital Territory

The following laws apply in the Australian Capital Territory:

• Casino Control Act 2006;
• Casino Control Regulation 2006;
• Casino (Electronic Gaming) Act 2017;
• Casino (Electronic Gaming) Regulation 2018;
• Gambling and Racing Control Act 1999;
• Gambling and Racing Control (Code of Practice) Regulation 2002;
• Gaming Machine Act 2004;
• Gaming Machine Regulation 2004;
• Gambling Machine (Offset Amounts) Regulation 2018;
• Interactive Gambling Act 1998;
• Interactive Gambling Regulation 1998;
• Lotteries Act 1964;
• Pool Betting Act 1964;
• Race and Sports Bookmaking Act 2001;
• Race and Sports Bookmaking Regulation 2001;
• Racing Act 1999;
• Racing Regulation 2010;
• Totalisator Act 2014;
• Unlawful Gambling Act 2009; and
• Unlawful Gambling Regulation 2010.

South Australia

The following laws apply in South Australia:

• Authorised Betting Operations Act 2000;
• Authorised Betting Operations Regulations 2016;
• Casino Act 1997;
• Casino Regulations 2013;
• Gambling Administration Act 2019;
• Gambling Administration Regulations 2020;
• Gaming Machines Act 1992;
• Gaming Machines Regulations 2020;
• Gaming Offences Act 1936;
• Gaming Offences Regulation 2021;
• Lotteries Act 2019;
• Lotteries Regulation 2021;
• Problem Gambling Family Protection Orders Act 2004;
• State Lotteries Act 1966;
• Gambling Codes of Practice Notice;
• Gaming Machine Code of Practice;
• State Lotteries Gambling Code of Practice;
• Casino Gambling Code of Practice; and
• Authorised Betting Operations Gambling Code of Practice.

Western Australia

The following laws apply in Western Australia:

• Betting Control Act 1954;
• Betting Control Regulations 1978;
• Betting Tax Act 2018;
• Betting Tax Assessment Act 2018;
• Casino (Burswood Island) Agreement Act 1985;
• Casino Control Act 1984;
• Casino Control (Burswood Island) (Licensing of Employees) Regulations 1985;
• Gaming and Wagering Commission Act 1987;
• Gaming and Wagering Commission Regulations 1988;
• Gaming and Wagering Commission (Continuing Lotteries Levy) Act 2000;
• Gaming and Wagering Commission (Continuing Lotteries Levy) Regulations 2000;
• Gaming and Betting (Contracts and Securities) Act 1985;
• Racing and Wagering Western Australia Act 2003;
• Rules of Wagering 2005;
• Racing and Wagering Western Australia Regulations 2003;
• Racing Restriction Act 2003;
• Racing Bets Levy Act 2009;
• Racing Bets Levy Regulations 2009;
• Racing Penalties (Appeals) Act 1990; and
• Racing Penalties (Appeals) Regulations 1991.

Tasmania

The following laws apply in Tasmania:

• Gaming Control Act 1993;
• Gaming Control Regulations 2014;
• Gaming Control Amendment (Gaming Operator) Regulations 2023;
• TT Line Gaming Act 1993;
• TT Line Gaming Regulations 2014; and
• Responsible Gambling Code of Practice for Tasmania.

As explained in 2.1 Online Gambling, only online gambling is defined at the federal level, under the IGA. The laws of the Australian states and territories broadly define the term “gambling” to capture land-based and online gambling that has a connection with the relevant state or territory. In some cases, skill-based games are treated as gambling.

It is necessary to refer to the relevant legislation in each state and territory for a definition of land-based gambling. Legislation in various Australian states and territories makes reference to an “unlawful game”, rather than specifically defining “gambling”.

Section 4 of the IGA defines a “gambling service” as a service:

• for the placing, making, receiving or acceptance of bets;
• the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets;
• for the conduct of a lottery;
• for the supply of lottery tickets;
• for the conduct of a game, where the game is played for money or anything else of value, the game is a game of chance or of mixed chance and skill, and a customer of the service gives ‒ or agrees to give – consideration to play or enter the game; or
• that is not covered by any of the foregoing but is understood to be a gambling service within the ordinary meaning of that expression.

The key offences vary from one jurisdiction to another. However, generally, key offences comprise the conduct, offering, provision and/or facilitation of unlawful gambling services or prohibited gambling services.

Penalties that apply in respect of the conduct, offering, provision and/or facilitation of the provision of unlawful gambling or prohibited gambling services vary between Australian jurisdictions.

The penalties for a contravention of the IGA are substantial. For example, the following penalties apply under the IGA for a breach of Section 15 (prohibited interactive gambling services not to be provided to customers in Australia):

• criminal offence – for an individual, up to AUD1.65 million per day, and up to five times that for a corporation (ie, AUD8.35 million per day); and
• civil offence – for an individual, up to AUD2.475 million per day, and up to five times that for a corporation (ie, AUD12.375 million per day).

The key regulatory bodies responsible for supervising gambling in Australia are:

• Australia (ie, the federal regulator) – the ACMA and AUSTRAC;
• Australian Capital Territory – the Australian Capital Territory Gambling and Racing Commission;
• NSW – the Liquor & Gaming NSW (LGNSW), the Independent Liquor & Gaming Authority and the NICC;
• Northern Territory – the NTRWC and Licensing NT;
• Queensland – the Office of Liquor and Gaming Regulation;
• South Australia – Consumer and Business Services;
• Tasmania – the Liquor and Gaming Commission;
• Victoria – the VGCCC and the Department of Justice and Community Safety; and
• Western Australia – the GWA and the Department of Local Government, Sport and Cultural Industries.

The IGA takes a prohibitionist approach regarding the regulation of online gambling in Australia. The IGA is drafted in a manner that prohibits all online gambling in Australia except for those activities that:

• are considered regulated interactive gambling services (interactive gambling services that are licensed); or
• are not considered to be prohibited interactive gambling services.

Generally, the state and territory regulatory authorities adopt a more prescriptive and interventionist approach in their legislative scheme in order to minimise gambling harm.

Various B2C licences are issued by states and territories to conduct online or land-based gambling (as defined in the respective state or territory).

A personal licence may be required at the state and territory level. For the installation and repair of gaming machines in the land-based market, for example, gaming machine technician licences may be required.

Companies may also be required to obtain a B2B licence in the land-based market to offer their services – for example:

• a gaming machine dealer’s/supplier’s licence;
• a service technician’s licence; or
• a gaming machine testing facility licence.

Permits or approvals must be granted by the regulatory body in most states or territories to operate gaming machines in licensed premises.

Land-based licences relating to casinos, lotteries and betting are not readily available. The licences for these activities are granted for a long term and may be granted on an exclusive basis. These licences are subject to an onerous and lengthy licensing process, and to the payment of substantial licence fees and taxes.

Approvals or permits to provide land-based poker machines in clubs and/or hotels are more readily available; however, there may be restrictions or a cap on the number of poker machines available in the state or territory. It should be noted that poker machines in Western Australia are installed only in the casino.

Online licences for sports bookmakers and/or lotteries are also available. 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.

Permits to conduct on-course bookmaking are more generally available. An increasing number of NSW and Victorian on-course bookmakers have also moved online since early 2020.

Land-Based

The duration of the licences issued for land-based activities varies in each state and territory, but is usually long. The following examples detail the duration of licences that have been granted.

• Casino licence ‒ licences have been granted for a term of up to 99 years. Certain licences have been granted on an exclusive basis for a substantial period and/or exclusivity for a certain area of the state or territory – for example, the licence granted in the Australian Capital Territory was issued in 1992 for a term of 99 years, which included a period of exclusivity.
• Lottery licence ‒ the licence in NSW expires in 2050, and the South Australian licence expires in 2052. Both are granted on an exclusive basis.
• Gaming machine licence ‒ licences for gaming machines are not usually granted for a specified period and are valid until the gaming machine licence is surrendered or cancelled. In some cases, these are for a specific period, and must be extended or renewed as appropriate.
• Wagering licence ‒ the expiry dates for some of the exclusive wagering licences are:
1. 2044 in Victoria;
2. 2098 in Queensland;
3. 2064 in the Australian Capital Territory;
4. 2097 in NSW; and
5. 2100 in South Australia.
• Two keno licences in Victoria were granted, each for a 20-year term commencing 15 April 2022.

Online Gambling Licence

The duration of an online gambling licence varies. However, for sports bookmakers licensed in the Northern Territory, it is generally a maximum term of 20 years under the New NT Wagering Laws.

The basic documentation requirements when applying for either a land-based gambling licence or an online gambling licence are similar.

Due diligence will be conducted to determine the suitability of the applicant company, and of its shareholders and directors, as well as that of the holding companies and ultimate beneficial owners. Furthermore, the business plan, financial documents and forecasts, and technical documentation in the Northern Territory, and the contribution the gambling business will make to the state or territory will all be assessed in respect of any gambling licence (whether land-based or online).

Further detailed information – for example, details of the premises to be used to offer the gambling services and the impact the operation will have on the state and territory – may also be required in respect of any land-based licence application.

Further documentation may be required in the case of an application for a gambling licence where the gambling service is part of a larger project.

The documents that directors and owners are required to submit include:

• details of their employment history;
• a statement of their assets and liabilities;
• details of their involvement and experience in the gambling industry;
• supporting documents; and
• police clearance certificates.

The disclosure thresholds for shareholders differ between states and territories (and the types of gambling licence); generally, the applicable percentage is 10%, but in certain cases it may be 5% or lower.

Land-Based Licence Applications

The timescale for a land-based licence application varies between states and territories, and also depends on the type of licence for which the application is being made. For example, the Department of Justice and Community Safety in Victoria issued expressions of interest:

• in 2021, seeking prospective applicants for the next wagering and betting licence to be granted upon the August 2024 expiration date of the licence – the licence was granted to Tabcorp for a 20-year term commencing on 16 August 2024; and
• on 24 October 2024, to initiate the process to identify the next operator of the monitoring licence, which expires on 15 August 2027.

Online Licence Applications

The period that will elapse before the application for an online sports bookmaker licence in the Northern Territory is granted is usually nine months (but may be shorter or longer).

Land-Based Licences

The licence application fee for land-based licences depends on the state or territory, and on the gambling activity to which the application relates. As explained at 4.5 Availability of Licences, land-based licences for casinos, lotteries and wagering activities are granted (in the majority of cases) on an exclusive basis; therefore, any fees are usually substantial.

Online Gambling Licences

The application fees applicable in the Northern Territory are AUD29,000 for:

• a sports bookmaker licence;
• a betting exchange licence; or
• an online gaming licence.

Land-Based Licences

Fees payable with regard to land-based licences vary depending on:

• the type of land-based licence (casinos or other gambling venues);
• the relevant state or territory in which the licence is granted;
• whether exclusivity is granted; and
• the manner of payment (upfront or on an annual basis).

This varies materially. In NSW, for example, a one-off payment of AUD256 million was paid in 1995 for a 12-year exclusivity period for a casino licence, and a further AUD100 million was paid in 2007 for a 12-year extension of the exclusivity period.

Online Gambling Licences

In the Northern Territory, online sports bookmakers and online gaming licensees pay an annual licence fee of AUD29,000.

A personal licence may be required at the state and territory level, for example in respect of gambling operators/venues that are in the land-based market (eg, gaming machine technician licences).

A personal licence is required in the Northern Territory for individuals that are deemed key individuals in relation to the online sports bookmaker licence. Key person licences are required by:

• directors or executive officers of the licensed operator; and
• individuals who are in managerial positions, or who have a managerial function in the business of the licensed operator and a significant influence over the licensee’s business.

A key person licence is granted by the NTRWC for a maximum period of five years and may be renewed. An individual whose role is to represent the licensed sports bookmaker must be approved by the NTRWC to be appointed as the nominee of the licensee.

The application process for a personal licence requires the completion of an application form providing responses to requests for personal details. The details that are required for a personal licence (eg, a key person licence issued by the NTRWC) are less onerous than the details required in an application relating to a probity review to be associated with the ownership or directorship of a licensed operator. The application process is likely to also require that fingerprinting be provided for the purposes of conducting background checks and providing police certificates.

The NTRWC key person licence application fee is currently AUD217.50. The process to be granted a key person licence is usually completed in approximately two months.

There are usually no annual fees associated with personal licences; however, renewal of the personal licence will require the payment of a fee – eg, the key person licence issued by the NTRWC requires payment of the same amount as if applying for a new licence (currently AUD217.50).

The ongoing requirements generally associated with a personal licence are that the individual remains suitable to hold the licence and that the regulator be notified if situations arise that could affect the individual’s suitability.

A personal licence may include conditions with which the individual must comply. Regulators have the power to suspend or cancel a personal licence granted to an individual if the person is no longer deemed to be suitable or fit and proper to hold the licence.

The licensing requirements relating to premises vary depending on the form of land-based gambling, and on the state or territory.

For casinos, most states and territories will include the location of the casino and any conditions relating to the premises in the casino licence conditions.

Clubs and hotels may, under their respective licences, operate gaming machines; however, the gaming machines must be approved in order for them to be operated in the premises.

B2C operators may be licensed in Australia to offer a regulated interactive gambling service (ie, lotteries and betting). A licence that is issued in any state or territory in Australia enables the licensee to provide the licensed services throughout Australia without the requirement to obtain a licence from any other state or territory.

B2B providers will not generally require a licence to offer their services to Australian operators. The B2B provider’s systems may, however, be subject to review or approval processes as a condition of the licence granted to the B2C operator that uses their system.

Affiliate services and white-label operators are likely to require approval by the NTRWC to provide services to bookmakers and/or betting exchanges licensed in the Northern Territory (see 6.3 Affiliates and 6.4 White Labels).

A licensed bookmaker or betting exchange must request the NTRWC’s 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 activities of the licensed bookmaker or betting exchange. Therefore, if the arrangement with an affiliate satisfies these requirements, prior approval is required from the NTRWC.

Generally, white-label providers are not required to be licensed; however, agreements between bookmakers and white-label providers will need to be approved by the NTRWC if they meet the requirements set out in 6.3 Affiliates.

Australian ISPs are required to block illegal offshore gambling websites notified by the ACMA. The ACMA has been active in using this measure. Since its implementation in November 2019, the ACMA has requested that more than 1,000 websites (including of affiliates) be blocked. A list of all these websites is available on the ACMA’s website.

Responsible gambling requirements that apply to land-based gambling operators vary depending on the type of licence held by the operator, and on the state and/or territory in which the operator is licensed.

Generally, a gambling service provider will be required to display certain responsible gambling messages and warnings in designated areas, and to provide customers with:

• an option to self-exclude from the gambling services provided by an operator;
• options for imposing voluntary pre-commitment limits; and
• information about responsible gambling support services.

In South Australia, there is a requirement that venues operating more than 30 gaming machines must have facial recognition technology to identify problem gamblers. Inquiries into the operations of land-based casinos also resulted in the introduction of responsible gambling measures in casinos, and in hotels and clubs that provide gaming machines.

Initiatives introduced in NSW include:

• the removal of external signage from hotels and clubs relating to the advertising of gaming machines or gaming rooms;
• the reduction of the cash input limit in gaming machines from AUD5,000 to AUD500, with effect from 1 July 2023;
• establishing the Independent Panel on Gaming Reform (see 1.1 Current Outlook and Recent Changes);
• the implementation of responsible gambling measures in clubs and hotels that provide gaming machines, such as:
1. the requirement to have a Responsible Gambling Officer (RGO) on duty in the gaming area where gaming machines are available ‒ this requirement applies to clubs and hotels that have 21 or more gaming machines available in their venue (although the number of RGOs that are required to be on duty depends on the number of gaming machines that are in operation) and the role of the RGO includes the following duties:
1. promote harm minimisation measures in the venue;
2. identify and enquire with customers that display gambling harm behaviour;
3. notify senior management of serious gambling incidents;
4. assist customers that request to be self-excluded;
5. assist other staff in relation to harm minimisation measures; and
6. record gambling incidents in the incident register;
2. the requirement to have a gambling incident register, which keeps a record of incidents relating to gambling and gambling harm, including self-exclusion requests, a breach by a customer of a self-exclusion arrangement, and incidents involving minors;
3. the provision of advanced responsible conduct of gambling training for RGOs, managers who supervise RGOs, hotel licensees, approved managers and club secretaries ‒ directors of clubs and hotel companies also need to undergo responsible conduct of gambling training;
4. the requirement to have a gaming plan of management (GPM) for each venue, which guides staff on the venue’s responsible conduct of gambling obligations – this requirement came into effect on 1 September 2024 but the GPM is to be updated when necessary (in response to changes in the venue) and must be reviewed annually; and
5. signage to automated teller machines (ATMs) must not be visible from a gaming machine or any part of the gaming area, and advertising of gaming machines must not be visible from an ATM.

In early 2025, the NSW government conducted consultation in relation to the introduction of facial recognition technology to assist with the implementation and enforcement of player exclusions (see 1.1 Current Outlook and Recent Changes).

The NCPF was the catalyst for the introduction of various responsible gambling measures affecting the online wagering sector during the past six years. There were ten NCPF measures, all of which have been implemented. The NCPF measures include:

• a restriction on inducements;
• an obligation to verify customers;
• a requirement to provide responsible service of online gambling training to staff;
• a requirement to provide activity statements to customers;
• the implementation of consistent gambling messaging;
• voluntary opt-out and pre-commitment tools; and
• BetStop – the Self-Exclusion Register.

Several jurisdictions publish responsible gambling codes of practice or require relevant licensed operators to institute a responsible gambling code. Victoria, for example, requires organisations holding a gambling industry licence to have in place a Responsible Gambling Code of Conduct under the Gambling Regulation Act 2003. Victorian bookmaker MintBet was fined AUD100,000 in April 2024 for repeated breaches of its Responsible Gambling Code of Conduct, after allowing a customer to gamble for 35 hours in a window of 50 hours. This was related to a further finding that MintBet had inadequate systems in place to prevent vulnerable individuals from losing control over their gambling. In addition to the monetary penalty, MintBet was required to demonstrate to the regulator the changes it would be making to improve its systems and processes.

The tools available to players for managing their gambling activities are referred to in 7.1 RG Requirements.

The key AML legislation in Australia is the AML/CTF Act. This is supplemented by the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No 1) and the Anti-Money Laundering and Counter-Terrorism Financing Rules 2025 (the “AML/CTF Rules”), which provide further detail in relation to specific requirements under the AML/CTF Act.

There have been recent amendments to the AML/CTF Rules, and, following consultation processes, the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 (the “AML/CTF Amendment Bill”) was introduced into Federal Parliament and received royal assent on 10 December 2024. However, many of the changes will commence on either 31 March 2026 or 1 July 2026.

The three main objectives of the AML/CTF Amendment Bill are:

• to extend the AML/CTF regime to additional services provided by Tranche 2 entities (eg, lawyers, accountants, trust and company service providers, real estate professionals, and dealers in precious metals and stones);
• to modernise the regulation of virtual assets and payments technology; and
• to simplify and clarify the AML/CTF regime in order to increase flexibility, reduce regulatory impacts, and support businesses to prevent and detect financial crime.

The AML/CTF Amendment Bill also introduced material amendments relating to AML/CTF programme requirements, risk assessment requirements, internal AML/CTF policies and initial/ongoing customer due diligence processes, and increases AUSTRAC’s investigative powers.

Gambling (excluding the provision of a lottery service) is considered a “designated service” under the AML/CTF Act. As a result, licensed gambling operators are considered “reporting entities” and are subject to obligations under the AML/CTF Laws. These include:

• enrolling with AUSTRAC;
• preparing and implementing an AML/CTF programme;
• adopting risk-based systems and controls for mitigating and managing money-laundering and terrorism-financing risks associated with the designated service, including adopting KYC requirements;
• reporting suspicious transactions, and certain business activities and transactions;
• keeping records;
• submitting annual reports to AUSTRAC; and
• staff training.

Following changes to Australia’s AML/CTF Laws, which came into effect on 29 September 2023, online wagering operators are required to verify a new customer prior to providing a designated service. This requires online wagering operators to conduct customer identity verification prior to opening an account for a new customer.

The AML/CTF Act was amended to allow for parties to rely on KYC checks conducted by third parties, on the basis that such checks abide by the requirements present under the AML/CTF regime. This also applies to KYC procedures conducted by external jurisdictions if the procedure meets all the requirements prescribed under the AML/CTF Rules.

AUSTRAC has remained active in its review and enforcement of gambling operators. It has commenced Federal Court of Australia proceedings and taken other enforcement action, including the initiation of various investigations (see 1.1 Current Outlook and Recent Changes).

The relevant regulatory and supervisory agencies in respect of gambling advertising include:

• federal – the ACMA and the Australian Competition & Consumer Commission;
• Australian Capital Territory – the ACT Gambling and Racing Commission;
• NSW – the LGNSW;
• Northern Territory – the NTRWC;
• Queensland – Office of Liquor and Gaming Regulation;
• South Australia – the Consumer and Business Services;
• Tasmania – the Tasmanian Liquor and Gaming Commission;
• Victoria – the VGCCC;
• Western Australia – the Department of Local Government, Sport and Cultural Industries; and
• industry bodies – Ad Standards and the Australian Association of National Advertisers (AANA).

Land-Based Gambling Advertisements

Land-based gambling advertisements are regulated under the relevant state and territory laws. The definition of advertising in the respective legislation in the states and territories also captures online gambling advertisements.

In NSW, a “gambling advertisement” is defined in the Betting and Racing Act 1998 (NSW) (the “Betting and Racing Act”) as an advertisement that gives publicity to ‒ or otherwise promotes or is intended to promote – participation in gambling activities. Other state and territory statutes provide similar definitions of “gambling advertisement”.

Online Gambling Advertisements

The IGA prohibits “designated interactive gambling service advertisements”. This is defined as any 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:

• prohibited or unlicensed online gambling services;
• the whole or part of a trade mark in respect of a prohibited or unlicensed online gambling service;
• a domain name or URL that relates to a prohibited or unlicensed online gambling service; or
• any words that are closely associated with a prohibited or unlicensed online gambling service (whether or not they are also closely associated with other kinds of services or products).

This prohibition generally applies to the advertising of online gambling services that are prohibited or unlicensed, including offshore gambling operators.

The key legal and regulatory provisions with regard to advertising vary depending on the type of gambling services being provided, and on the state or territory in which they are provided. There are no licensing provisions in respect of advertising.

Gambling operators’ advertising is also subject to federal laws, including:

• Australian Consumer Law;
• Spam Act 2003 (Cth); and
• Broadcasting Services Act 1992 (Cth).

Land-Based Gambling

Land-based gambling advertisements are generally permitted in Australia. However, there are strict restrictions with regard to what can be included in an advertisement and when advertising is permitted.

As outlined in 9.2 Definition of Advertising, the advertising of gambling services is regulated at the state and territory level, and the requirements vary from one jurisdiction to another. There are also industry codes of practice that outline the manner in which gambling services can be advertised on various media platforms.

Generally, gambling advertising will be prohibited or considered unlawful if, among other things, the advertisement:

• encourages a breach of the law;
• depicts or targets persons under the age of 18;
• misrepresents the likelihood of winning;
• relates to a gambling service that is unlawful;
• does not include the requisite responsible gambling messages;
• represents gambling as a means of financial betterment; and/or
• depicts the consumption of alcohol.

Further advertising restrictions are imposed on wagering operators in respect of, among others:

• the offering of inducements to participate in wagering activities or to open a betting account;
• the advertising of live odds during sporting events; and/or
• the promotion of gambling services on television and radio during peak times.

Land-based operators are also required to display responsible gambling messages. However, the requirements around the display of such messages vary significantly from one jurisdiction to another.

Online Gambling

The aforementioned restrictions also apply to online gambling operators. However, further advertising restrictions are imposed on online wagering operators by means of the NCPF, particularly through the consistent gambling messaging requirements.

Online wagering operators are required to utilise prescribed responsible gambling taglines in the advertising of their online wagering services, and on their websites and apps.

The taglines that the online wagering operators must publish are as follows.

• “Chances are you’re about to lose.”
• “Think. Is this a bet you really want to place?”
• “What’s gambling really costing you?”
• “What are you prepared to lose today? Set a deposit limit”.
• “Imagine what you could be buying instead.”
• “You win some. You lose more.”
• “What are you really gambling with?”

The taglines to be used differ depending on the platform used for the advertising. The taglines must be rotated equally over a 12-month period.

The taglines must also include a call to action, which differs depending on the platform used and the duration of the advertisement. The shortest call to action is “Set a deposit limit”, and the full call to action is “For free and confidential support call 1800 858 858 or visit gamblinghelponline.org.au”.

There are various requirements relating to the taglines prescribed and the call to action that online wagering operators must consider when advertising, including the:

• colours to be used for the tagline and call to action;
• size and font to be used;
• length of the message to be displayed; and
• speed at which the tagline and the call to action are read.

Pure branding (ie, the display of a logo) is not usually considered advertising, but this will depend on context.

The South Australian Authorised Betting Operations Gambling Code of Practice came into effect on 31 March 2023. The Code of Practice applies to all South Australian licensed bookmakers, and to registered interstate betting operators. It contains a broader range of requirements relating to inducements and the manner in which they can be advertised. Operators are also required to keep a copy of their advertising material for 12 months following the conclusion of the campaign.

The sanctions and penalties that apply with regard to breaches of advertising restrictions vary significantly depending on the laws of the relevant jurisdiction and the nature of the contravention.

In NSW, for example, the maximum penalty prescribed for an online betting operator that publishes a gambling advertisement in contravention of the Betting and Racing Act is AUD11,000 for an individual and AUD110,000 for a corporation.

At the federal level, contraventions of the provisions relating to advertising in the IGA may result in fines of up to AUD59,400 for an individual and AUD297,000 for a corporation.

A penalty notice scheme was introduced in NSW enabling the LGNSW to issue a criminal penalty notice, which requires the payment of a fine if a breach occurs. This differs from the previous scheme, under which penalties would only be imposed by the regulator through action in court proceedings. A similar scheme has been introduced in Victoria. This supplements the procedure under which penalties were only imposed by the regulator through action in court proceedings.

On 14 April 2023, the LGNSW announced that wagering operator Betr had been fined AUD210,000 in relation to odds offered and advertised during major sporting and racing events in October 2022, in breach of the NSW gambling law prohibitions on the advertising of inducements to participate in gambling activity – including inducements to open a betting account. The fine against Betr was the first time that the LGNSW’s power to issue a penalty notice had been used.

In May 2023, Betchoice (trading as Unibet) was fined AUD60,000 by a Sydney court for promotions that contained inducements to participate in gambling activity and to open a betting account in breach of NSW gambling law.

In June 2024, the ACMA announced that it had issued a remedial direction to Hubbl Pty Limited (Hubbl) Kayo due to the presentation of gambling advertisement during live sports events outside the permitted times. If Hubbl fails to comply with the ACMA’s remedial direction, it may be ordered by the Federal Court to pay penalties of up to AUD626,000 per day.

On 12 August 2024, PlayUp Interactive was ordered by the NSW Local Court to pay a fine of AUD586,000 for offering free bets and inducements to open a betting account. This amount was reduced on appeal to AUD296,351 plus the LGNSW’s costs.

On 19 February 2025, the ACMA announced that Network Ten (Sydney) Pty Limited had breached broadcasting gambling advertising rules by airing four gambling advertisements at prohibited times during the Australian Formula 1 Grand Prix in March 2024. This was the first breach of the Code by Network 10, who argued that its non-compliance was the result of “human error”. The broadcaster agreed to voluntarily improve its systems relating to ad scheduling, undertake staff training and provide a written progress report to the ACMA.

On 7 March 2025, Foxtel Cable Television Pty Limited was found by the ACMA to have breached gambling advertising rules, by failing to include an adequate responsible gambling message during an Australian Football League (AFL) broadcast. The ACMA noted that an 18+ logo on its own is not sufficient to qualify as an adequate responsible gambling message.

On 1 April 2025, LGNSW announced that wagering operator Ryman Racing Pty Ltd (trading as Colossalbet) had been fined AUD60,000 by a magistrate at Downing Centre Local Court for posting adverts on Facebook and Instagram that failed to meet decency standards. This was the first time a wagering operator has been fined for publishing adverts found to be offensive to standards of “decency, dignity and good taste”.

The disclosure requirements for acquisitions of an interest and/or a change of control in respect of a gambling operator vary from one jurisdiction to another. Accordingly, it is necessary to refer to the provisions of the relevant legislation in the state or territory in which the relevant entity holds a licence.

Land-based casino licences cannot be transferred. Another company may, however, acquire shares in the licensee. In this scenario, if the share sale exceeds a certain threshold (usually 5% or 10% of the issued shares), the purchaser will need to notify and obtain approval from the relevant regulator. In NSW, for example, the purchaser must disclose all information required for the regulator to investigate the suitability of the purchaser.

Online lottery and wagering licences cannot be transferred. Another company may, however, acquire shares in the licensee. If the transfer of shares exceeds a certain threshold (usually 5% or 10% of the issued shares), the purchaser will need to notify and obtain regulatory approval in the relevant jurisdiction. The licensee and the purchaser in any transfer of shares that exceeds the threshold (eg, 10%) must disclose the information that the regulator needs to consider whether approval should be granted for the transfer of shares in the licensed company.

The inquiries into the suitability of persons associated with licensed land-based casino operators across Australia have introduced a heightened threshold to satisfy gambling regulators that individuals are suitable to hold a licence and/or be associated with the licensed company.

Generally, an acquisition of shares (directly or indirectly) that exceeds 5% or 10% of the issued shares in the licensee will trigger change-of-interest provisions that require the notification to or approval of the relevant gambling regulator for the purchaser and associated persons.

Passive investors will not usually be excluded from the requirements relating to change of control if they exceed the percentage threshold.

The ACMA has broad investigative and enforcement powers under the IGA, including powers for:

• issuing formal warnings;
• issuing infringement notices;
• notifying the Department of Home Affairs (Australia’s immigration and border protection agency) of the names of directors to be included on the Movement Alert List;
• pecuniary penalties;
• directions;
• cease-and-desist orders;
• notifying foreign regulators of the operator’s breaches of the IGA; and/or
• seeking an order from the Federal Court of Australia for the imposition of substantial civil penalties.

The regulatory bodies’ enforcement powers vary between states and territories. In general, state and territory regulators have broad investigatory and enforcement powers and can:

• commence civil and criminal proceedings (where relevant);
• conduct licence reviews; and
• where required, vary licence conditions, or suspend or cancel the licence.

Regulators are vigilant about ensuring that operators comply with the applicable laws, and will take enforcement action when required.

When considering whether to impose sanctions (eg, suspending or revoking a licence, or varying licence conditions), regulators will consider the administrative and legislative tools that they have at their disposal for implementing and enforcing these sanctions.

All state-based regulators have the authority to undertake enforcement action against wagering operators. The NSW regulator, the LGNSW, is the most active regulator when it comes to taking enforcement action regarding advertising breaches. When determining the penalty, a court will take into consideration various factors, such as:

• the medium of the publication;
• the intended audience and context of the advertisement;
• whether persons were actually induced by the advertisement (ie, whether they signed up for an account);
• the offending history/record of the publisher; and
• the number of people in NSW who viewed the advertisement.

A separate penalty may be imposed for each separate publication and, therefore, a separate breach. Recently, amendments have been made to the relevant statute to permit the LGNSW to issue fines in respect of advertising breaches.

Penalties for an advertising breach under the IGA are imposed following civil or criminal court proceedings, and the amount of the penalty is determined by the court in accordance with the amount of the penalty under the relevant provision of the IGA.

Following the various casino inquiries that found that each of the relevant casinos acted in an inappropriate manner, amendments were made to relevant legislation to provide for a substantial increase in penalties. Fines of up to AUD100 million may now be imposed (and have been).

Fines have been issued in NSW for breaches of advertising prohibitions (see 9.5 Sanctions/Penalties).

Land-Based Gambling

The rate of gambling tax payable by operators varies depending on the state and/or territory in which the operator is licensed, and on the type of land-based gambling activity being provided. For an indication of the tax rates, reference is made to the following examples.

Casino tax

New South Wales

The Star Entertainment Group (“The Star”) and the NSW government reached an updated agreement regarding gaming taxes applicable on gaming machines. The updated agreement, which amends the agreement with the previous NSW government, will result in a gradual tax increase. The applicable tax is:

• 20.91% from 1 July 2023 to 30 June 2024;
• 21.91% from 1 July 2024 to 30 June 2027; and
• 22.91% from 1 July 2027 to 30 June 2030.

From 1 July 2030, the following tiered tax rate will apply:

• 0% on gaming machines with less that AUD2,666 average poker machine revenue;
• 37.6% on gaming machines with AUD2,666 to AUD6,667 average poker machine revenue;
• 42.1% on gaming machines with AUD6,667 to AUD12,500 average poker machine revenue; and
• 51.6% on gaming machines with over AUD12,500 average poker machine revenue.

This updated agreement includes obligations on The Star to:

• maintain more than 3,000 jobs for the next six years;
• participate in the NSW cashless gaming trial; and
• ensure all gaming machines in The Star are cashless by 30 August 2024.

Lotteries tax

Queensland

Under the Lotteries Regulation 2007 (Queensland), the lottery tax payable is 73.48% of the lottery operator’s gross monthly revenue minus the lower of:

• the global GST amount; or
• the gross tax amount for the month.

Victoria

The following applies in Victoria.

• Under the Gambling Taxation Act 2023 (Victoria), the tax payable by online keno operators is 24.24% on net keno revenue in respect of that month.
• Under the Gambling Regulation Act 2003 (Victoria), the lottery tax payable by the lottery operator is:
1. 79.4% of the player loss in respect of supplies on which GST is payable; and
2. 90% of the player loss in respect of supplies on which GST is not payable.

Wagering tax

New South Wales

Under the Betting Tax Act 2001 No 43 (NSW), the tax payable in respect of totalisator on-course and off-course betting from 1 July 2022 is 3.49% of totalisator commissions on fixed-odds racing.

Race-field fees

The applicable rates vary between states and territories. Certain states and territories have established a fixed rate for the applicable fees; however, in other states and territories the applicable rates vary depending on the category of race on which bets are taken.

Online Gambling

The gambling tax that is applicable in the Northern Territory is as follows.

• For online gaming, the tax rate is 50% of net profits. There is no cap on the maximum tax payable per financial year.
• For the bookmaker, the tax payable is:
1. 5% of net profits or commissions; and
2. capped at AUD2.9 million per financial year.

An online betting 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):

• South Australia – 15%;
• NSW – 15%;
• Victoria – 15%;
• Queensland – 20%;
• Australian Capital Territory – 25%;
• Western Australia – 15%; and
• Tasmania – 15%.

All the foregoing taxes are calculated in a slightly different manner. Further enquiries should be made to obtain details of the calculations.