The Act primarily targets service providers, banning unlicensed online casinos and sports betting, thereby safeguarding players from potential scams and unregulated sites. Exploring the ban on online casinos in Australia reveals a complex legal framework. This www.qld.gov.au article examines the legislative actions and consumer protection measures that led to the prohibition of online casinos in the country. Understanding these regulations provides clarity on the current state and future of online gambling in Australia, highlighting the balance between entertainment and responsible gambling. The detailed response to this question is that gambling operators in Australia are banned from setting up online casinos, while offshore operators are banned from offering or promoting online casino services to Australian consumers. Although we advise against doing so, there are no laws to stop Australian consumers gambling at offshore casino sites.
Are Online Casinos & Pokies Legal in Australia?
For safer gambling options, stick to licensed Australian betting sites that follow local laws and provide proper player protections. Without protection, you’re on your own if you choose to play at an offshore online casino from Australia. The ban is meant to protect vulnerable people from falling into gambling addiction. So, while Aussies can legally place sports bets online with licensed operators, they cannot legally access online pokies, blackjack, or roulette through licensed Australian sites.
Finally, the sole casino licensee pays an additional casino ‘super tax’ based on gross gaming revenue, which increases depending upon gaming revenue levels, with a maximum tax payable of 20%. The relevant taxation amounts are reduced by the GST paid by the casino licensee in relation to these services. Many forms of online gambling services are outlawed federally in Australia under section 5 of the Interactive Gambling Act 2001 (Cth) (‘IGA’). In the USA, there was new gambling legislation passed in 2006 which targeted banks instead of the online casino operators.
The ACMA has requested that Australian internet service providers (ISPs) block more illegal gambling websites, after investigations found these services to be operating in breach of the Interactive Gambling Act 2001. We take a closer look at Australian gambling laws relevant to online casinos, explain why online casinos are banned, evaluate the ban’s socioeconomic impact and explore the loopholes for circumvention that remain. Yet we must reiterate the pitfalls of gambling at unlicensed and unregulated online casinos, which currently remain illegal in Australia, and look set to remain so for the foreseeable future. Stay safe and gamble responsibly via activities that are licensed and legal in Australia.
- A ‘legal bookmaker’ is defined as a licensed bookmaker approved by Liquor & Gaming NSW or by any other relevant state or territory legal authority.
- All around the world, online gambling poses a danger to public health, minors’ wellbeing, financial security and anti-money laundering efforts.
- The relevant legislation is the Interactive Gambling Act 2001 (the IGA), which states that it is an offence to provide certain gambling services via the internet, to a customer physically present in Australia.
- The Interactive Gambling Amendment Act 2017 published a national registry of interactive gambling services licensed in Australia, plus new enforcement mechanisms and powers to prosecute gambling companies that break the law.
SkyCity Group (SA) was ordered by the Federal Court to pay a $67 million penalty in June 2024, after AUSTRAC launched civil penalty proceedings against it for breaches of the AML/CTF legislation. Bookmaking requires a Corporate Bookmaker Licence or an On-course Bookmaker https://asino.club/ Licence. Corporate Bookmakers are commonly licensed in the NT, whereas On-course Bookmakers (which may have online operations) are licensed in the relevant state or territory. Sometimes an On-course Bookmaker will be licensed to offer fixed-odds betting on racing only. Corporate Bookmakers typically also offer ‘totalisator-derivative’ or ‘tote odds’ type betting.
Sporting codes
As we mentioned at the top of this article, millions of Australians gamble at online casinos, despite them being banned from operating or advertising there, alongside being unregulated and unlicensed. That is particularly the case for breaches of advertising restrictions relating to inducements where appropriate warnings have been given and operators fail to meet the necessary standards. The number of gaming machines available in each state and territory is strictly regulated. Various states (including NSW and Vic) have implemented harm minimisation measures to cap the number of gaming machine permits/licences on issue in certain lower socio-economic areas.
An offshore web casino is located overseas, many of the leading ones are in the United Kingdom and Malta, and thanks to the Internet, these sites accept players from around the world. Overall, Australians can gamble online but they need to be playing at offshore Internet casinos. By comparison, New Zealand will have online casino licensing and regulation in place by 2026, so it will be interesting to see what – if any – impact that has on the Australian market, given the close economic ties between the two countries.
For completeness, the authors note that the list of gambling-related legislation below is not an exhaustive list. There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates). There are also various subordinate legislative instruments, including regulations, which have not been included. There is no single overarching statute regulating gambling activities in Australia, nor is there a single overarching gambling authority.
All licences are subject to strict restrictions as set out in the relevant legislation and also, typically, separate licence conditions and agreements with the licensing bodies. A breach of a licence condition often triggers a breach of the relevant legislation, and vice versa. Bingo is often regarded as minor gaming and may be conducted for fundraising or charitable purposes, typically by a community or other not-for-profit organisation.