Is Gambling Legal In Australia
- Is Online Gambling Legal In The Us
- Online Gambling Australia
- Is Gambling Legal In Western Australia
- Is Online Casino Gambling Legal In Australia
Is Online Gambling Legal in Australia? Yes, provided that it is listed and provided with a code in the Interactive Gambling Act of 2001 or any amendments. Unfortunately, online slot machines were never given a code and weren’t addressed in the recent amendment. Recently, the act was amended to. Australia is one of those countries in which there is no entity with the overall power over gambling regulations. It is regulated at Federal Level with certain statutes, but also at the State or Territory level. Pennsylvania online gambling has reached biggest success within public, promoting numerous events and games. It is 100% legal and secure. If Vegas is mecca for rich people, spending thousands on hotel, planes and restaurants, we can call PA online gambling is a starting point for everyone. Gambling in Australia has a long history, and while online gambling has been in existence for a fraction of that time, it has quickly gained popularity. With so few live casinos in Oz spread over a.
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.
Safe online casinos
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.
Is Online Gambling Legal In The Us
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.
Gambling License Australia
Gambling Laws Australia
Australia has been enjoying legalized gambling since its first casino, The Wrest Point Hotel Casino, opened in February 1973. Since then it’s become a well-known fact that Australians are among the world’s biggest gamblers with roughly 80% of Australia’s residents engaged in gaming activities of some kind. There is at least one casino in each region offering a wide range of gambling products. Overall, Australia enjoys an active and legal gambling system which is quite liberal.
Gambling and Licensing
There is no single gambling authority which regulates gambling throughout the whole of Australia. Instead, each of the eight mainland States and Territories individually regulate gambling activities within their respective jurisdictions. There is also a series of Federal statutes which cover aspects of gambling activity throughout Australia.
Each State and Territory has a relevant Casino Control Act (or similar legislation) under which casino licences have been issued. Throughout Australia, the ACMA is the body responsible for media and communications regulatio, including monitoring and enforcing the regulation of gambling online and over the telephone.
Below is a list of the organisations which regulate gambling in each area:
- Australian Capital Territory – ACT Gambling and Racing Commission
- New South Wales – Office of Liquor, Gaming and Racing
- Northern Territory – Licensing Commission
- Queensland – Office of Liquor and Gaming Regulation
- South Australia – Independent Gambling Authority
- Tasmania – Tasmanian Gaming Commission
- Victoria – Victorian Commission for Gambling and Liquor Regulation
- Western Australia – Department of Racing, Gaming and Liquor
On the other hand, online gambling in Australia is handled by the Commonwealth. The Interactive Gambling Act was passed in 2001 and made it illegal to offer games such as poker and online casino games to Australian players. With this being said, Australian-based companies are allowed to offer these online games to players outside of Australia.
The only form of online gambling which is completely legal is betting on auto racing, sports betting, and online lotteries. However even sports and auto racing betting may only take place before the game and not during the actual event.
The following licences generally apply:
Operator licences are required for casinos, retail wagering, lotteries, keno, and instant lotteries.
A bookmakers licence is required for sports and racing bookmaking and typically includes fantasy sports betting.
A gaming venue licence and a permit/license for each gaming machine is required in order to operate gaming machines within Australia. The number of gaming machines in each state and territory is strictly regulated and the number of machines one venue is allowed to operate is limited based on the type of licence. For more information visit https://www.sa.gov.au/topics/business-and-trade/gambling/gaming-licences/gaming-machine-licence
Online Gambling Australia
Poker which takes place outside of a casino is permitted, provided that no person gains a percentage or share of the amounts wagered.
Bingo laws and licences differ between states and territories.
Maintaining Your Licence
Operator licences are typically long-dated but the duration of a major operator licence depends on the legislation within each state and territory. Gaming machine licences generally don’t expire except in Victoria where they are valid for 10 years. Casinos must go through a periodic licence review, generally every five years. Overall, fees and licence renewal really depends on the state or territory.
Whilst revoking and suspension of licences is generally quite low, all gambling related licences carry strict requirements relating to responsible gaming, including very strict advertising laws. For example, a large Australian gambling company had to pay a civil penalty of AUS $45 million to Austrac for admitted breaches of the AML/CTF Act. Failure to comply with Austrac can result in civil penalties and possible criminal exposure.
In order to make sure your gambling business complies, you’ll need to have certain systems and controls in place:
Customer identification
Proper record keeping
Providing Austrac with information about financial transactions
Reporting any suspicious customers or activities
Assessment of money laundering and terrorism financing risks
Having a AML/CTF program in place
Australia is working on tighter regulations in relevant gambling and related laws, including unlawful gambling events.
Reporting Requirements
The main body involved in investigating prohibited gambling activity is the Australian Communications and Media Authority (ACMA). They manage a formal complaints process where you can report any suspicious activity or complaints via their online complaint form. Many of the individual state and territory authorities also offer online forms.
Anti-money Laundering
The money laundering and terrorism financing regulator in Australia is Austrac. Austrac is an Australian Government agency which forms part of the Home Affairs portfolio and reports to the Minister of Home Affairs. All suspicions of money laundering and/or terrorist financing must be directed to Austrac. Money laundering and terrorism financing can result in civil penalties and possible criminal exposure.
Corporate Tax
All companies are subject to a federal tax rate of 30% on their taxable income. This excludes small businesses which are subject to a rate of 27.5%.
Gambling Tax
Gambling taxes in Australia depend on the relevant licence, product and state/territory. Casino taxation is determined on a case-by-case basis. At the Australian Government level, the gambling tax is payable at a rate of one eleventh on the player loss of a gambling business – this applies across all forms of gambling. However, the four main types of gambling (wagering, gaming machines, casinos, and lotteries) are taxed differently by each state/territory government.
Casinos, wagering and gaming machines are taxed based on player loss (a measure of revenue) at a rate of 20% – 35%. Lotteries however are taxed far more heavily than any of the other forms of gambling, with tax rates on player loss ranging from 45% – 90%.
Winnings are not taxed in Australia as they are not seen as a form of income.
Australian licensed online casinos
Is Gambling Legal In Western Australia
Online casinos are banned in Australia and for this reason, no legal list of casinos exist.
Australian licensed land based casinos
Northern Territories
Mindil Beach Casino and Resort: Darwin
Lasseters Hotel Casino: Alice Springs
For more information:
As gambling is regulated by state and territory, you can review the links under the “Gambling and Licencing” heading.
Get in touch:
FURTHER INFORMATION ON CURACAO GAMBLING LICENSES
Is Online Casino Gambling Legal In Australia
We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.