Online gambling laws australia
Gambling is a widely enjoyed pastime that’s deeply imbedded in australian culture, in fact aussie’s account for the highest gambling participation rate in the world.
List of casinos to play real money
Online gambling laws in australia
However, it’s not all black and white, and there are exceptions, which we will explore in this article to provide a clear explanation surrounding australia’s online gambling laws.
Australian betting culture and regulations
Rapid advances in technology has seen australian online casino sites expand and virtual gambling rise in popularity as more punters turn to online, mobile and tablet betting alternatives. Most australian gambling laws work to protect problem gamblers and ensure responsible betting practices, although it is arguable such laws in place are hypocritical and not in-line with other gambling laws.
Current government laws and legislations surrounding online casino gambling are focused on how australian gambling operators run their business and which services they can and cannot provide, as opposed to what individuals are allowed to do with their own money. Such rules have minimal effect on the individual recreational gambler, and instead focus on restricting both local and offshore online casino operators from providing interactive gambling services to australian residents.
In a nutshell, it is currently prohibited for any online casino based anywhere in the world to provide gambling services to anyone from australia, as of september 2017.
The interactive gambling act of 2001
While gambling via the internet remains legal for australians within some areas such as lotto betting and sports betting (as both industries are licensed and regulated within australia) the interactive gambling act (IGA) explicitly bans online gambling operators from servicing australians.
The original IGA passed in june 2001 by the then howard-government to protect the public from additional negative effects of betting. The act decided to prohibit the following:
- It is illegal for any online casino (australian or foreign owned) from offering real money online interactive gambling services to australian citizens
- It is also against the law for such organisations to advertise real money interactive gambling services to australian citizens.
The current fine for any operator in violation of offering interactive gambling services to aussie residents is a maximum of $220,000 per day for individuals within the organisation, or $1.1 million per day for the company itself. These laws are directed at online casino and online poker room operators, but don’t specifically target australian players themselves or prohibit aussie individuals from placing real money bets online at such venues – “the average australian citizen cannot be punished for signing up and gambling online,” (IGA, 2001).
The IGA does not apply to australian-owned sports betting websites (like sportsbet.Com.Au) or lotteries (like lottoland or tatts.Com), provided they are associated with a land based business. As long as betting on an event is done before the event commences, placing a wager on a sports event or online lottery is not considered to be an interactive bet and is thus perfectly legal. This is different for interactive games played online in real time, like online pokies, roulette, blackjack, etcetera.
Live sports betting is considered interactive, and so this form of betting has been outlawed online within australian sports wagering companies, and can only be conducted via phone.
Technically speaking, international online casinos offering their services to australian citizens were in violation of the IGA, but the ambiguous wording of the original IGA allowed a gray market to flourish. The australian government has since introduced new legislation in september 2017 that completely bans offshore providers from servicing the australian market without question – the interactive gambling amendment bill 2016.
The interactive gambling amendment bill 2016
In november 2016, the australian government introduced the interactive gambling amendment bill 2016, also known as the IGA amendment bill, into the house of representatives as the answer to the 2015 O’farrell review into illegal offshore wagering. It proposes many of the changes discussed in the O’farrell review to the interactive gambling act 2001, namely to close the loopholes in the original IGA that allowed offshore online casinos to service australians.
The IGA amendment bill went into full legal effect in september 2017, which means offshore online casinos and offshore online poker sites can no longer accept or service australian players, or they risk large fines and penalties. Thus, online roulette and any other form of online casino play is technically banned in australia.
The technicality is that there is nothing in the IGA amendment bill that suggest any penalty for australian residents who continue to gamble at online casinos. While most of the big casino brands pulled out of the australian market, there are still several reputable offshore operators who have chosen to continue to service australian players, and the risk is on them. Offshore operators who offer online gambling services to aussies risk hefty fines and punishment, but there appears to be no legal risk presented to players.
The contradictory nature of the IGA
The contradictory terms laid out within the IGA and the IGA amendment bill, which set the parameters for interactive betting within australia, are glaringly obvious. There is an allowance to offer online sports and lottery betting and a disallowance to offer online casino and poker betting – when all branch off the same tree, and no research suggests one form is more detrimental than the other.
In addition, the IGA exists to “protect players”, yet the government is perfectly happy to have real life casinos and pokie lounges operating 24/7 around all australian cities, with lottery tickets and keno games available at news agencies, shopping centres and petrol stations – gambling venues the government reaps the tax benefits from.
Online vs offline gambling laws
Land based casinos, pubs and betting outlets operate legally throughout the country, providing strictly regulated spaces in which australians can place real money bets in real life. Casino gambling in australia functions under the casino control act of 2006, adhering to strict guidelines regarding operation, permitting the legal gambling of table games like blackjack, roulette, baccarat, craps and poker. Licensed gaming venues like pubs and betting outlets like TAB also follow firm regulations to ensure legal delivery of games like pokies, keno, lotto and scratchies. Along with the casino control act, each venue operates within the individual guidelines set for each state, which you can find below. Brick and mortar casinos like the famous crown casino, star city, sky city and jupiters casino are prime examples of legally run land based gambling venues.
As detailed in the IGA overview, online casinos must adhere to an entirely different set of gambling rules. Namely, they are completely banned from operating within australia and overseas casino sites cannot advertise their services to australian residents or provide “interactive gambling services to australians unless the person holds a licence under the law of an australian state or territory.” because there is currently no regulatory body in australia that specifically licenses and regulates online casinos (and no announced plans to create one), there is no online casino license to speak of in the country for the foreseeable future.
The problem with the outright banning of online casinos is the land-based casinos retain their monopoly and lack the motivation to employ the many innovations many of these sites have accomplished, such as a much greater variety of casino games on offer than typical casino floors, and easy access to variations that include european, american and french roulette, roulette royale, live dealer roulette, multiplayer and multi wheel roulette and more. They have also historically offered more lenient betting options and better odds, with more affordable minimum betting limitations (and large maximums for high stakes gamblers).
Thankfully, land based casinos in australia are starting to recognise the benefits of virtual casino titles, with many brick and mortar casinos now offering electronic roulette and baccarat from within the walls of their venues.
While australians only have land-based casinos and roulette as an option for the time being, at least many of the online world’s strides forward are being used in licensed brick and mortar venues to some degree.
Future of online casino betting
Gambling has always been a heavily debated subject in our country, with many politicians objecting the operation of gambling systems like pokies and calling for nationwide bans of slot machines altogether. The government stance on gambling laws is heavily based around the promotion of responsible gambling, supporting the notion of gaming venues to partner with counselling services to assist punters with detrimental gambling problems. The coalition currently supports a voluntary pre-commitment system for gaming machines like the pokies (setting maximum betting limits).
As far as online gambling goes, the government has made it clear the liberal party is absolutely all about tightening the laws in australia to block aussies from placing real money bets with foreign-run casinos. Overseas operators, even though they remain largely outside of the australian government’s scope of authority, have already felt the effects of the new interactive gambling amendment bill and have exited the australian market completely to comply with the new laws. Don’t expect things to change any time soon – you’re stuck with limited choices when playing online now, or sticking with offline roulette if you’re within reach of a land based casino.
Gambling bodies/committees by australian state
While keeping in line with national policies, gambling laws and regulations vary from state to state. For gambling rules specific to each state, please refer to the official gaming committee websites below:
Australian capital territory – gambling and racing commission (www.Gamblingandracing.Act.Gov.Au)
New south wales – office of liquor, gaming and racing – (www.Olgr.Nsw.Gov.Au)
Northern territory – licensing commission – (www.Dob.Nt.Gov.Au/gambling-licensing)
Queensland – office of liquor and gaming regulation – (www.Olgr.Qld.Gov.Au)
South australia – independent gambling authority – (www.Iga.Sa.Gov.Au)
Tasmania – tasmanian liquor and gaming commission – (www.Treasury.Tas.Gov.Au)
Victoria – victorian commission for gambling and liquor regulation – (www.Vcglr.Vic.Gov.Au)
Western australia – department of racing, gaming and liquor – (www.Rgl.Wa.Gov.Au)
Other important links
Information regarding the 2001 interactive gambling act and the interactive gambling amendment bill 2016 can be found at the australian government comlaw website, with updated versions of the act published upon review.
Online casino laws in australia
Published march 12, 2015 updated november 20 , 2017
Online casino laws, online sports legalities, internet lottery rules and licenses – you might think it can all be heaped under the same ‘internet gambling regulations’ roof, but in actual fact the laws surrounding real money online betting in australia aren’t unanimous across the different areas of gambling. In this article we will talk about australian online casinos laws, but also touch on other realms of gambling to give you a wider outlook on the state of igambling down under.
Online casinos accepting australian players
What are the laws in australia about online casinos?
The regulations employed by the government concerning online casinos are laid out in the interactive gambling act of 2001, passed during john howard’s reign. It states that it is an offence to offer and advertise “real-money online interactive gambling services” to australian residents. This law, however, comes with a few concessions:
The term ‘interactive’ only applies to online poker, online casino games like blackjack, roulette and pokies, instant win internet scratch cards and online live/in-play sports betting. All other forms of online gambling are exempt from the law.
Companies dealing in any of the above forms of online interactive gambling can operate within australia, but can only offer their services to gamblers outside of australia.
So while the law seems quite well-defined, many gambling operators that would be classified as ‘interactive’, according to the australian government, still market their services to aussie citizens, because such companies have never been met by any serious attempts to thwart their actions. When australian sporting greats such as shane warne publicly endorse ‘interactive’ gambling companies such as 888 poker, it’s hard to take the IGA seriously.
So if you do wish to gamble at an online casino or online poker room, as you have every right to, do so with reputable and regulated operators. The gambling websites we recommend are registered in and licensed by their jurisdiction’s gaming authority, such as the united kingdom’s gambling commission and the malta gaming authority, and are also regulated by independent auditory bodies, such as ecogra (ecommerce online gaming regulation and assurance), which test for player fairness and high security standards.
Read our political figures article for more information about the australian politicians fighting against online gambling.
Why aren’t other forms of gambling subject to the same laws?
That’s a good question. Online sports wagering and online lotteries are legally allowed to be marketed within australia, so long as they are done through licensed operators. Aside from ‘live’ betting after a sporting event has commenced, or instant-win style scratchies as mentioned above, sports and lottery gambling over the internet is not considered ‘interactive’ by the government.
But this is a case of mere semantics. When you take into account the fact almost all imaginable forms of offline gambling are legal in australia, and the fact land-based casinos, pub and bar pokies, online sports operators and lottery operators all bring in a hell of a lot of revenue for the government in tax, banning certain types of online gambling and leaving others legal makes little sense.
In 2013, a five-year trial allowing operators to offer online poker services to australian residents was suggested, as well as the legalisation of ‘in-play’ sports wagering, but this proposal was declined. Consistent harm minimisation and player protection guidelines were given priority before considering opening the aussie online gambling market to more legal wagering avenues.
Not much has changed since then, and we believe it makes more sense to allow licensed australian operators to offer interactive gaming services to the aussie public, which the government can regulate and tax, rather than continue to turn a blind eye to offshore companies which do the same thing. While registered offshore operators maintain high-quality services, we feel those wishing to gamble online would feel more comfortable doing so with locally owned businesses.
While the government sorts out regulations which it has made more complex than necessary, we suggest enjoying graphically advanced online poker, blackjack, roulette, baccarat, pokies, live dealer games, casino war, video poker and other entertaining titles for real australian money at safe, offshore casino sites listed in our table above.
Always gamble responsibly. If you can’t afford to lose it, don’t use it. If you think you might have a gambling problem, websites such as www.Problemgambling.Gov.Au and www.Helpguide.Org are available to get you back on the right track.
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Australian gambling legislation
Traditionally, gambling legislation in australia has been developed by the states and territory governments. The australian states regulate gambling and provide licenses to operators, as they are the ones who derive revenue from these activities, and not the commonwealth government. The process changed somewhat back in 2001 with the development of the interactive gambling act 2001.
Interactive gambling act 2001
The interactive gambling act was introduced to protect australian citizens from the negative effects of online gambling. The act prohibits:
- The offering of interactive gambling services to customers in australia
- The advertising of interactive gambling services to customers in australia
- Live or in-play betting
- Unlicensed operators to offer regulated gambling services (ie. Unlicensed bookmakers)
Importantly, online sports and horse racing betting is not prohibited by the act. For consumers, it is legal to gamble and bet online in australia. However, we draw attention to the prohibition of unlicensed operators in the interactive gambling act 2001; this section is designed to protect consumers from rogue operators. For this reason, it is recommended to bet with betting sites that are licensed and regulated in australia.
Australian law snapshot
State and territory legislation
While the interactive gambling act 2001 forms the basis of australian gambling laws surrounding online betting, much of the responsibility still rests with the states and territories for legislation within their territory. As such, many of the laws that apply to betting in australia, are provided by the states and territories.
List of state and territory regulatory authorities
- ACT racing and gambling commission – controls and regulates gaming and betting activities in the ACT (australian capital territory).
- NSW department of liquor and gaming – responsible for the regulation and legislation for new south wales.
- Northern territory racing commission – manages and regulates horse racing and sports betting.
- Office of liquor and gaming regulation – responsible for licensing and regulating activities in the state of queensland.
- Office of liquor and gambling commissioner – responsible issuing licenses and regulating betting activity in south australia.
- Tasmanian liquor and gaming commission – regulates all gaming activities in tasmania.
- Victorian commission for gambling and liquor regulation – regulates victoria’s gaming activities.
- The department of racing, gaming and liquor – responsible for regulating and maintaining the integrity of racing and gaming in western australia.
Regulation of wagering operators
The states and territories are responsible for regulating, issuing licenses and upholding the integrity of sports and racing activities in their state. Their responsibilities include the issuing of licenses to online bookmakers.
Betting laws are different in each state
Australia’s complicated legal framework for gambling and betting means that there are different laws for betting activities in each state and territory. The area that accounts for most confusion is the legislation surrounding the advertising and promotion of inducements to bet. Some state bodies allow sign up bonuses, while others don’t. Other states, like south australia, have far more stringent regulations on bonus bet promotions. Our guide to bonus bets covers each australian state and will inform you of what you are eligible to, according to the regulations in your home state or territory.
Responsible gambling
Each australian state and territory also provides support and practice codes for responsible gambling. This subject is garnering considerable attention from the commonwealth government too, and this may lead to a consolidation of certain gambling laws surrounding responsible gambling soon.
Consumer protection
While the state and territory regulatory bodies are largely responsible for governing betting activity within their jurisdiction, consumers also have protection under australian consumer law. No betting operator should: mislead, provide unfair terms or use questionable sales practices to coerce players to wager.
Summary of australian gambling laws
The crux of it for australian consumers is that betting online is legal. However, betting online during an event is prohibited. As eluded to in our betting guide, the laws in australia are complex. Registering with a licensed operator, and understanding what promotions are available in your jurisdiction, will help you to navigate the betting landscape with confidence.
Australian online gambling laws
Australian online gambling laws and policy have traditionally been the responsibility of the states, rather than the commonwealth. State and territory governments regulate and provide gambling services and rely heavily on the ensuing revenue. Recent developments have seen the commonwealth take a more active role in this area.
The rapid adoption of new communications and technologies by gambling industries has attracted their interest. This is an area which falls within its constitutional responsibilities. The development of online gambling has significant implications for regulatory mechanisms, revenue collection and community welfare.
This has prompted the federal government to pass legislation that stops australian internet gambling sites from providing services to australians. However, it doesn’t make it illegal for australians to gamble online.
The interactive gambling act 2001
In 2001, the interactive gambling act (IGA) was enforced with an eye towards curbing the perceived negative impacts of online gambling in australia. Technical loopholes arose, and australia had no choice but to make changes to the law to protect those at risk of online gambling. Operators were the target of the act.
- They were unable to advertise “real money” interactive online gambling to australian residents. Australians were and still are free to play at online casinos located and licensed outside the country.
- Also, australian-based companies could offer gambling services to players abroad. This is as long as it wasn’t in a so-called “designated country”.
- The IGA specified that as long as the operator was unaware, with due diligence, that they were offering their games to aussie residents, they would be clear of wrongdoing. This led to operators putting alerts, warnings and address checks in place before sign up.
- Several loopholes over the following decade, including punters using their mobile phone to place their wager during a live event. This lead to the revival of the bill.
- The interactive gambling amendment bill 2016 was passed. This prohibited online casino gaming, even if the casino is australian. Players won’t receive penalties when gambling at unlicensed casino sites.
- One of the first questions asked by punters is: is online poker legal in australia? For now, poker was also recently deemed illegal in australia. Local players found themselves in the same boat as their american counterparts on that front.
- Sports betting and online lotteries still remain legal. There are small amendments put in place to penalise “click-to-call” betting. And unlicensed offshore betting companies offering bets to australians.
Is online gambling legal in australia?
Part of the interactive gambling act shows that there are some forms of online gambling allowed to operate. The regulation of gambling operations works at two levels. First, there is the federal government that regulates the industry. The second level is gambling regulation by the state and territory authorities.
Online pokie machines are legal for local players to access and have a large market in australia. Brick-and-mortar pokie machines exist at casinos, pubs and clubs. And are often the subject of fierce tender battles when new licenses become available. Australians gamble more than any other nationality in the world, and a lot of this gambling takes place through pokie machines.
Online poker is one of the most popular games at australian casinos. But operating online poker sites in australia is illegal.
It is illegal to provide an online casino to australian players or provide gambling games for real money. Examples of these games are roulette, baccarat, video poker, blackjack and craps. Basically, any game that can be described as a mix of chance and skill. However, it is not illegal for players to partake in these games.
Online bingo is legal in australia. And some casinos offer computer-simulated bingo games. Some online lotteries are illegal in australia. But players can play keno and buy local lotto tickets. Australians can also bet on the outcome of lotteries. Although this practice has been the subject of controversy in recent times. Online instant lotteries are forbidden, but betting on the outcome of financial simulations or the probability of numbers is not.
Online pokies and casino games available legally in australia
Is legal online gambling in australia a federal or state/territory responsibility?
Gambling laws are federally legislated and enforced and legislated locally, by and large.
- The ACT racing and gambling commission is an independent statutory authority. They are responsible for controlling and regulating all gaming, racing and betting activities in the ACT.
- The NSW department of gaming and racing is responsible for the proper conduct and balanced development of gaming, racing, liquor and charity industries in NSW.
- The racing and gaming authority administers gambling legislation in the NT. The NT gaming machine commission is responsible for licensing gaming machines.
- The queensland office of liquor and gaming regulation regulates gaming, casinos, art unions, lotteries and keno in queensland.
- The gaming supervisory authority is responsible for ensuring that there is effective supervision of the operations of casino and gaming licensees in south australia. It is the function of the office of the liquor and gaming commissioner to provide the supervision of licensees.
- The tasmanian liquor and gaming commission regulates and controls gaming in tasmania.
- The victorian commission for gambling and liquor regulation regulates and monitors victoria’s gambling activities.
- The office of racing, gaming and liquor administers WA legislation dealing with these areas. And carries out many of the operational functions of the gaming commission. This includes the provision of licensing, inspection and audit functions. In respect of both casino and permitted gaming services.
Are your winnings taxable in australia?
In australia, it is the gambling operators that pay tax, not the players. There are no situations in which australian players pay any income tax on their winnings. The federal government views this as income from a hobby and the result of luck.
The amount of tax the operators pay depends on the type of game. Also, on the location of the poker machines or casinos. These operator taxes vary from state to state. Another way casinos pay taxes is on the gambling license they need to acquire from the government in order to operate.
The only fees or charges a player might encounter when playing an online casino. These could be fees to withdraw or deposit money into international casino sites. And/or when converting the australians dollar into the website’s preferred currency.
What is the best poker platform for online play in australia?
Ignition poker is our recommenced site for australian citizens looking to play online poker. They offer great bonuses, plenty of poker variations and secure banking options. Ignition opened their virtual doors in 2016, and have quickly earned the respect of poker players and the top australian poker site. Their access to one of the largest poker rooms in the world means players can find a game 24/7.
Another great poker site for aussie players is juicy stakes. They have plenty of poker variations and bonus offers for players, including a no deposit bonus. One thing that separates juicy stakes from the competition is the incredible 36% rakeback it extends.
Ignition poker review 2020
What exactly does the IGA do?
The interactive gambling act (IGA) does not make it an offence for individual australians to gamble online. Instead, it targets companies that provide online gaming and gambling. And makes it illegal to provide web-based gambling services to customers in australia.
The IGA prohibits companies domestic and foreign from marking or providing online poker to australians.
While that was enough to keep australian firms from trying to start internet poker sites, it did little to discourage most foreign operators from staying out of the market.
Sites from around the world have offered poker games to australians without interruption. And with no real push back from the australian government, australian law doesn’t make it illegal for players to play poker on the web. Millions of players across the country have still been able to play poker (or other casino games) online each year with foreign organisations. These operators are in europe, the caribbean and elsewhere.
What recent legal developments affect the situation?
In recent years, several developments have made it seem as though the online poker situation in australia might go through some changes. Though it now appears more likely that the status quo will remain intact for some time to come.
First, to prevent australians from playing on foreign sites, some legislators proposed that australia pass a law like the UIGEA laws in the united states.
These laws would target banks, making it illegal for them to process online gambling transactions. However, these efforts were unsuccessful. As banks pointed out that given the fully legal nature of many online gambling transactions in australia, it would be too difficult to put in place any such scheme.
More recently, a review of the IGA suggested stopping the flow of money out of australia. Australian companies should be able to receive licenses to operate their own online poker rooms in the country. This would give australians the option of playing on locally regulated and licensed sites. However, it appears gambling expansion and trials of online poker licensing does not have the political support for the go-ahead any time soon.
The interactive gambling act 2017 reforms
There have been recent changes to the interactive gambling act, most recently in 2017. The law changes seek to combat groups from outside australia providing illegal gambling services over the internet.
The following reforms include:
- The australian communications and media authority publishing a register of australian-licensed interactive wagering service providers
- Some operators were unable to offer or enable lines of credit to australians
- The addition of new tools to make people follow the rules set out
- Directors and principals of offending companies can be referred to the australian border force.
ACMA reports that in the 12 months since the reforms, 33 prominent online wagering providers withdrew from australia. The national consumer protection framework was implemented to protect problem gamblers. There were 10 measures put in place. These include people being able to add themselves to a register that prevents access to all interactive betting services. And to choose to set a limit before they start responsible gambling. Wagering on fantasy sports has become more popular in the past decade. And this reflects with corporate bookmakers offering markets in this area. Betting on fantasy sports in australia is licensed in the northern territory. With the northern territory racing commission and licensing NT the relevant regulatory body.
Australia’s federal interactive gambling laws continue to prohibit the following:
- Online casinos, slot machines and poker;
- Online wagering services that accept ‘in-play’ betting on live sports events;
- Wagering services provided online without a licence issued by an australian state or territory;
- Online instant lotteries; and
- Providing or facilitating the provision of credit by certain interactive wagering service providers to their customers.
So, let's see, what we have: A thorough look at online gambling and betting laws in australia, and how such regulations impact the average australian resident keen to punt on the internet. At online gambling laws australia
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