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Australian Gambling Laws

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Australian Gambling Laws
Australian Gambling Laws
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ACMA monitors compliance with and enforces the interactive gambling laws. The Australian Transaction Reports and Analysis Centre Austrac is the regulator responsible for money laundering and terrorism financing.

The Australian Consumer and Competition Commission ACCC is responsible, under the Competition and Consumer Act Cth CCA , for, amongst other things, enforcing Australian consumer protection laws.

From a gambling perspective, the ACCC monitors compliance by gambling service providers of their obligations under the CCA, including gambling advertising to ensure the consumer is not being treated unconscionably or unfairly, in breach of the CCA.

It also takes appropriate enforcement action where it deems necessary. As detailed above in question 1. For completeness, the authors note that the list of gambling-related legislation below is not an exhaustive list.

There are many pieces of legislation which are incidental to gambling activity for example, legislation setting the applicable gambling tax rates.

There are also various subordinate legislative instruments which have not been included. These operator Licences are nearly always State- or Territory-based and are typically monopolistic or very limited in numbers.

Aside from Retail Wagering conducted by Retail Wagering Licensees, bookmaking in Australia is only permitted under a sports bookmaker Licence issued in the Northern Territory Corporate Bookmaker Licence , or alternatively an on-course bookmaker Licence issued in a State or Territory On-course Bookmaker Licence to an individual or sometimes incorporated bookmaker licensed by the relevant racing controlling body On-course Bookmaker.

There is no limit on the number of Corporate Bookmaker Licences the NT may issue and Corporate Bookmakers are only permitted to operate online and via telephone.

By comparison, in a practical sense there is a limit on the number of On-course Bookmaker Licences which are capable of being issued based on available stands.

On-course Bookmakers can accept bets on-course, as well as over the telephone and via the internet where appropriately licensed.

Fantasy sports betting in Australia is typically permitted under a Corporate Bookmaker Licence.

The only exception to this is in relation to a casino operator Licence, which typically includes permission to operate gaming machines within the casino premises.

The authors note that the relatively new casino operator Licence in NSW, issued for the Barangaroo casino, does not include permission to operate gaming machines and that the NSW government has granted exclusivity to operate gaming machines to the other major NSW casino licensee until Laws differ between the States and Territories regarding bingo.

If the gross proceeds are below a certain threshold, then in most States and Territories no Licence is required to offer bingo. As a general rule, social games no prize money and skill games no element of chance are not classified as being a gambling activity and, as such, are not generally regulated under the relevant gambling laws.

For completeness, the authors note that betting on fantasy sports in Australia is typically offered pursuant to a Corporate Bookmaker Licence.

Casino table gaming and gaming machines, Retail Wagering, lotteries and keno all require an operator Licence, which is typically long-dated and is granted by the relevant Australian State or Territory.

Bookmaking requires a Corporate Bookmaker Licence or an On-course Bookmaker Licence. All Corporate Bookmakers are licensed in the Northern Territory, whereas On-course Bookmakers are licensed in the relevant State or Territory.

Corporate Bookmakers offer fixed odds betting online and over the telephone on sport, racing and other approved events, whereas On-course Bookmakers offer fixed odds betting on-course and, subject to approval, also over the telephone and in some instances online on similar events as a Corporate Bookmaker.

Sometimes an On-course Bookmaker will be licensed to offer fixed odds betting on racing only. Gaming machines are offered in casinos, hotels and clubs.

Gaming machines in WA can only be offered in the casino. 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.

A State or Territory Licence is typically required to operate a bingo centre in the relevant jurisdiction. Each State and Territory has a relevant Casino Control Act or similar legislation under which casino Licences have been issued.

There are currently 14 casino Licences on issue, with a process underway for the expected development of an integrated resort and casino in northern Queensland.

A casino Licence permits the relevant casino to typically offer traditional table games and gaming machines. There is co-mingling of State and Territory totalisator pools through pooling arrangements, with three Australian totalisator pools currently in existence.

Corporate Bookmakers offer online and telephone fixed-odds betting on racing, sports and other approved events.

All fantasy betting typically occurs through Corporate Bookmakers in Australia. On-course Bookmakers holding an On-course Bookmaker Licence offer fixed-odds betting at racecourses and, where appropriately licensed, over the telephone and via the internet.

There are often strict local government planning requirements which must be met in relation to gaming machines. Such Licences often require the licensee to comply with complex national standards, as adopted by the relevant State or Territory.

The processes are generally quite extensive, and it can sometimes take up to 12 months or longer for State and Territory gambling regulators to complete, in relation to new applicants seeking major Licences.

Casino Licences can typically only be applied for through a competitive tender process run by the relevant State or Territory. At Loya Law in Dallas, we believe that the practice of law is the practice of solving problems.

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Find a Law Firm:. Need a Lawyer? January 1, Acts , 85th Leg. April 1, GAMBLING PROMOTION. KEEPING A GAMBLING PLACE. Amended by Acts , 65th Leg.

Acts , 71st Leg. The Victorian Casino and Gaming Authority regulates and monitors Victoria's gambling activities.

It has a comprehensive website with sections for legislation and policy, research, frequently asked questions, media releases, licensing and other matters.

On 1 March the Minister for Gaming released for public comment Responsible Gaming: A Consultation Paper. The paper outlines proposed legislation and seeks input into the process of regulating the industry.

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 , including the provision of licensing, inspection and audit functions in respect of both casino and permitted gaming services.

The Australian Institute of Criminology AIC paper, Internet Gambling June examines the policy options concerning this issue.

Papers for the Conference on "Gambling, Technology and Society: Regulatory Challenges for the 21 st Century" May convened by the AIC in conjunction with the Australian Institute for Gambling Research are also available from this page.

They include discussions of policy options, legal issues and responses, State views and technical measures. The Report on Gaming Legislation and Regulation in British Columbia January has much useful information on the regulatory situation in Canada.

It has chapters on the legal framework, recent developments, social policy and emerging issues. The US National Gambling Impact Study Commission website provides access to the Final Report and Recommendations of the Commission June and other research reports on gambling in the United States.

Gambling on the Internet is a report presented to the Conference of the International Association of Gambling Regulators.

It consists of two parts: 'The Legal Perspective' by Thomas N. Auriemma of the New Jersey Division of Gaming Enforcement, and 'The Regulatory Perspective' by Bill Lahey of the Victorian Casino and Gaming Authority.

In the United Kingdom an independent review body was established to design a new regulatory structure for the gambling industry.

The Gambling Review page contains the Final Report and links to other documents. The major sources for Australian gambling statistics are the Tasmanian Gaming Commission and the Australian Bureau of Statistics.

The former organisation, in conjunction with the Centre for Regional Economic Analysis at the University of Tasmania, produces the annual Australian Gambling Statistics.

This data is not directly available online, although figures derived from the series can be obtained from the following:. The Australian Bureau of Statistics' site contains a large range of information on Australian gambling.

This is in the form of press releases, some articles, and the main features or summaries of their statistical series publications.

They include:. The Australian Institute for Gambling Research contains fact sheets, news, links and a review of regulatory structures.

The Institute is based at the University of Western Sydney. Operators were the target of the act. 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. Or, the situation in Western Australia where a casino is the only destination for gambling machines.

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

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.

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

You may wonder why in-play betting is excluded. 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. Pari-mutuel wagering is in the category of sports betting.

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 Australian Capital Territory covers just under a half-million residents.

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