Online Gambling License Australia

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You need a licence to operate an internet gaming business in the Northern Territory (NT). An internet gaming business is one which uses the internet to conduct any or all of the following activities. Australia Gambling License. Online gambling in Australia is regulated by the Interactive Gambling Act 2001 (IGA). The IGA was passed by the Commonwealth Parliament on 28 June 2001 and was given. It's generally illegal to advertise interactive online gambling to Australian audiences. The prohibition is established under Part 7A of the Interactive Gambling Act 2001. It applies to all forms of media, both. Australia’s online gambling laws, specifically the Interactive Gambling Bill of 2001, prohibit casino gaming, or “interactive” gambling. While bookmakers can apply for an online license, casinos are.

Aussie Internet users are often unsure about the legality of gambling online, with the question regularly asked; is online gambling legal in Australia in 2017? It’s a complex question with a multifaceted list of answers, but to provide the most important answer, it is currently not legal for online casinos to offer services for Australian residents to place real money bets at online casinos, online poker and bingo rooms, and online sports betting sites.

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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

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. Whether it’s chucking a couple of coins in the pokies at a pub, placing an annual bet on the Melbourne Cup or regular betting on your favourite table game at a brick and mortar casino, gambling for real money is part of the Australian way.

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.

Have you noticed that gambling laws in Australia and most countries were much more well-defined before the age of the internet?

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There was no ambiguity with land-based gaming and whether or not you could play pokies or walk up to a betting window with cash in hand.

Online gambling has changed the game, though. With casinos, online casinos, bookmakers, and sports betting sites, it can be challenging to keep up with what’s on the approved list or not.

• What’s the legal gambling age in Australia?
• Do you have to pay taxes on gambling winnings?
• Is in-play betting legal in online sportsbooks?

The questions can go on indefinitely. But we’ll address as many as possible in our overview of betting in the Land Down Under.

We’re covering land-based and online Australia gambling laws, how they evolved, and where they’re heading.

To fully understand Australia’s stance on gambling, we have to start with the big picture.

Australia is a bit like the US when it comes to gambling legislation. There’s a touch of federal input, especially regarding consumer protection, but the states and territories govern individual gambling laws.

Unlike the US, though, there’s more of a consistent approach amongst the eight regions. You’ll find at least one casino in each area, pokies are in bars and clubs except in Western Australia, and sports betting is legal in-person and online.

Distinctions emerge when you look at the little details. For example, one state may impose a $5 betting maximum on pokies in bars and clubs, while it’s $10 in another. Or, the situation in Western Australia where a casino is the only destination for gambling machines.

We’ll look at the situation in the eight regions soon, but here’s a breakdown of Australia’s gambling regulation.

Unlike land-based gambling that varies from region to region, Australia’s online gambling laws are subject to the Interactive Gambling Bill of 2001.

The Interactive Gambling Bill is easy to understand as it mentions three prohibited activities.

It’s against Australian law to do any of the following.

• Provide a prohibited interactive gambling service to customers in Australia.
• Provide an unlicensed regulated interactive gambling service to customers in Australia.
• Provide an Australian-based interactive gambling service to customers in designated countries.

If you don’t read all of the language, the bill could be interpreted to include all gambling forms, but that’s not the case. This particular legislation pertains to casino gambling (table games, pokies, poker).

In a nutshell, online casinos are prohibited whether they originate from inside the country or through offshore providers.

Even though online casinos are technically off-limits for Aussies, there’s plenty of internet-based casino gambling happening in Oz.

Online betting is private. It’s not like authorities are physically looking over your shoulder while you’re on your desktop or smartphone. So, the laws apply to the providers instead of players.

The ACMA, or the Australian Communications and Media Authority, handles online gambling complaints. A few actions can be taken toward a cease and desist based on those reports, starting with a written warning and leading to some considerable fines.

Fines for breaking the Interactive Gambling Bill’s rules are as follows.

• $1.6 million for an individual
• $8.3 million for a corporate entity

Not too much is done to follow-up, though, even with the potential countermeasures.

The government encourages players to avoid offshore providers because they’re risking money with no available recourse of non-payment. But that’s about the extent of enforcing Australia’s online gambling laws.

Online sports betting laws in Australia are in a different category.

Not only are there thousands of traditional brick and mortar sportsbooks throughout Oz, but sports betting sites are also approved with two caveats.

• The sports betting site must be licensed and regulated within the country.
• In-play wagering is prohibited.

You may wonder why in-play betting is excluded. If you look at the 2001 Interactive Gambling Bill’s language, the word “interactive” is used repeatedly. It’s what sets casino gambling apart from sports betting.

Unlike pre-game action, in-play betting heads into that realm of interactive gambling. So, regardless of the ongoing protests by bookmakers, live sports betting is still off-limits.

Most online betting providers are licensed in the Northern Territory, and it’s a lengthy approval process.

There are plenty of hurdles to jump for potential providers, but it’s beneficial for players. They have more confidence in risking their money, knowing they’re using thoroughly vetted gambling sites in Australia.

The Northern Territory investigates the following when issuing licenses.

• Reputation
• Financial background
• Current financial resources
• Proposed management

Pari-mutuel wagering is in the category of sports betting. It’s not an interactive activity, so Aussies can bet horse racing online, as well as in person.

The same principle applies to the lottery. While players can buy advance sale tickets using their computer or mobile device, instant play is excluded.

The Land Down Under heads to the middle when it comes to its gambling legislation.

It doesn’t have 50 locations to contend with, like the US. But it’s also not as streamlined as a location like the United Kingdom, where everything falls under the jurisdiction of the UK Gambling Commission.

The Australian Capital Territory covers just under a half-million residents. Its gambling offerings include Casino Canberra, which opened in 1994.

There are nearly 5,000 pokies in the region, ok’d by the Gaming Machine Act of 2004. The machines are in hotels, clubs, and taverns with limits. Players can’t insert bills higher than $20 nor bet more than $10 per game.

The Race and Sports Bookmaking Act of 2001 grants authority of race and sportsbooks, both brick and mortars and online, to the ACT Gambling and Racing Commission.

Charity gambling is allowed, while poker and table games are prohibited outside of Casino Canberra.

More legal gambling is happening in New South Wales than anywhere else in the country. Three casinos, The Star and Crown Casinos in Sydney and Wolf Betting Casino in Terrigal, house a small portion of the more than 100,000 pokies in the state.

New South Wales also has a $10 maximum per game unless you’re in one of the casinos, then the sky’s the limit. If you win more than $5,000, you’ll receive your payout in a check instead of cash.

The area dominates with clubs that carry machines, as well as TAB outlets. Half of all Aussie clubs and bars with pokies reside within New South Wales state lines. The area also has 1,133 brick and mortar sports betting locations in addition to the licensed online bookmakers.

While offshore casino website operators are warned but pretty much left alone, New South Wales is serious about a 2018 update to 1998’s Betting and Racing Act. The modification makes it illegal for a bookmaker to provide an inducement to players, like a new player welcome bonus.

NSW’s Office for Liquor, Gaming, and Racing is serious about the relatively new law and has already issued fines of a few thousand dollars to each policy violator.

While the Northern Territory has two land-based casinos, Lasseters in Alice Springs and Mindil Beach in Darwin, it’s known more for issuing online licenses for sports betting.

The Northern Territory Government has an entire department dedicated to online gaming.

Land-based betting is a bit more limited compared to some of its sister states and territories. You’ll find a handful of TAB outlets and approximately 2,200 pokies in bars and clubs.

Gambling machines are limited to $5 bets, and winnings over $500 are issued through checks.

Compared to the Northern Territory landscape, Queensland is hopping with 47,000 machines in hotels and clubs.

Queensland is number one for brick and mortar casinos, even edging out New South Wales.

• The Star Gold Coast – Broadbeach
• The Reef Hotel Casino – Cairns
• Treasure Casino – Brisbane
• The Ville Resort-Casino – Townsville

Gambling is under the jurisdiction of the Office of Liquor and Gaming Regulation. While the office has a department specifically for interactive gambling licenses, they’re primarily issued to non-profit organizations.

Queensland also imposes a $5 maximum betting limit, as well as a $25,000 ceiling on winnings in clubs or hotels. While the pokies accept cash, forget about using a hundred, as $50 will do it.

Adelaide Casino, formerly Skycity Adelaide, is the only prominent gambling venue in South Australia. The Adelaide is home to 1,000 out of the 13,000 machines in the region.

While South Australia allows for $10 bets in clubs, it restricts payouts to $10,000 or less. Pokies are a bit different, though, as they only take coins. You can’t insert a bill into a machine in South Australia.

The South Australia government Consumer and Business department handles gambling licensing, as well as licenses for anyone who works for a bookmaking operation. To be certified, you have to undergo a criminal and financial background check.

The Wrest Point Hotel and Casino in Tasmania is the first in the country. It opened in 1973 in Hobart and is still going strong. Nine years later, Launceston’s Country Club Casino had its grand opening.

Like the Australian Capital Territory, there are only about a half-million residents in Tasmania. They’re well accommodated with more than 3,500 pokies. But the machines are the same as South Australia in that they don’t take bills. It’s coins only in hotels and clubs.

Pokies are limited to $5 maximum bets, and winnings over $1,000 are paid by check.

The Crown Melbourne Casino is the crown jewel of Victoria. The area accommodates 30,000 machines.

Victoria approved pokies in 1991, and they have similar restrictions as other areas. While you can insert a $20, $50 is the limit. Your per-game wager also has to be $5 or less, and winning over $1,000 is paid by check, similar to most of Victoria’s sister states.

Residents can take advantage of some specific gambling inclusions in Victoria, including the following.

• Betting on approved foot and bicycle races
• Games at amusement parks and carnivals
• Approved Calcutta sweepstakes
• Two-up at ANZAC day

The other seven states and territories have approved pokies in bars, clubs, and hotels. New South Wales gave the go-ahead starting in 1956, but Western Australia has taken a different stance.

While you can still play any of the 1,750 gambling machines in the area, they’re all located within the Crown Perth Casino, formerly the Burswood Casino.

It’s more a case of quality over quantity in Western Australia. Maximum bets can be as high as $225, and the minimum RTP is slightly higher than in other locations. The pokies need to have at least a 90% RTP, while other regions hover around the 85% mark.

FAQ About Gambling Laws in Australia

Australians visiting casinos, playing pokies, or placing sports bets need to be at least 18 years of age.

Pokies and sports betting are the top two gambling activities in the Land Down Under. Placing a sports bet is as easy as pulling out your smartphone and accessing one of the many state-regulated online bookmakers.

If you prefer to place your bet in person, you’ll find thousands of TAB outlets, primarily in hotels, clubs, and taverns.

No. Australia doesn’t impose a tax on player gambling winnings.

Yes. All bookmaking operations, casinos, and pokie providers are licensed and regulated by one of the eight agencies, depending on location.

Providers and their staff go through a thorough background check that includes reputation, finances, and viability.

Australia’s online gambling laws, specifically the Interactive Gambling Bill of 2001, prohibit casino gaming, or “interactive” gambling. While bookmakers can apply for an online license, casinos are strictly land-based operations.

The legislation is directed toward the offshore providers that accept Australians, but that hasn’t deterred providers or players.

Yes, and no.

Purchasing a draw ticket is permissible. But instant lottery tickets fall under the interactive category, which is off-limits in Oz.

Online bingo is legal for Aussies, but only through licensed providers.

A: Yes. Pari-mutuel wagering is legal in Australia. You can place your bets through both land-based and online racebooks in Australia.

Yes. Australian punters are obligated to make good on their gambling debts. However, the scenario should only apply to casino high rollers.

Since 2018, bookmakers are prohibited from extending credit to players.

If you’re using an Australia-licensed online sportsbook, you won’t find any welcome incentives anymore.

Just as player credit has been off the table since 2018, so have gambling site welcome awards.

Instead of dedicated DFS websites, Aussie punters can participate in Daily Fantasy Sports through Australia’s licensed online bookmakers.

ACMA, or the Australian Communications and Media Authority, provides oversight for federal gambling laws in Oz.

It handles consumer complaints regarding prohibited online gambling activities, including casino gambling, instant lotteries, in-play betting, and player credit.

Yes. The Australian Government’s Department of Social Services offers gambling help for players and their families and friends. There are also financial counseling services.

• Gambling help online – www.gamblinghelponline.org.au
• National Gambling Helpline – 1800 858 858

While we can’t foresee what the future holds, Australia isn’t currently focusing on expanding its list of gambling and online gambling opportunities.

Instead of proposed changes to Australian online gambling laws, the government focuses on tightening current restrictions. There’ve been a few changes to the 2001 Interactive Gambling Bill, providing more player protection.

New South Wales passed new gambling legislation in 2018, eliminating new players’ incentives to use online bookmaking services.

The Sydney Morning Herald reported eight providers were already fined a total of $131,950 plus another $184,000 in court costs in less than a year.

In-play betting continues to be a hot topic in Australia.

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Bookmakers fight against the restriction while gambling regulatory agencies are ramping up compliance efforts.

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Since 2018, TV advertising from state-regulated bookmakers has been restricted to certain hours to avoid “family-time.”

Some regions, like Victoria, are striving to ban other advertising methods, like billboards and public transportation. Aussies can expect gambling advertising to be a highly debated topic moving forward.

As Australians lose an average of $24 billion through gambling pursuits, the federal government and the states and territories focus on player protection above gambling expansion.

There are some minor inconsistencies amongst Australia’s gambling regulatory agencies. However, overall, there’s an easy formula associated with gambling and online gambling laws in Australia.

Casino gaming is legal in any of the land-based gambling venues across the country, and there’s at least one casino in every state and territory. Online casinos aren’t licensed and regulated in the Land Down Under. Slots and table game betting fall under the interactive category, which is off-limits.

Sports betting, pari-mutuel wagering, and daily fantasy sports are approved. Daily fantasy sports are exclusively online, but sports and horse racing bets can be placed in person or through licensed online bookmakers. Australia also allows for online lottery sales, but only draw tickets, as instant play is interactive.

Online Gambling License Australia Requirements

The legal gambling age in Australia is 18, and players aren’t taxed on winnings.