Are Online Casinos Legal in Australia?

State and territory taxation on casinos is determined on a case-by-case basis (typically during negotiations with the relevant state or territory government at the time). Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct (including through advertising). Lotteries licensees can offer their approved lottery products through retail newsagencies, other approved retail venues, third-party agents, resellers and also online. The NICC did, however, impose a fine of AUS $15 million on account of four breaches of regulatory requirements.
Betting on fantasy sports in Australia is offered by some corporate bookmakers licensed in the NT (Corporate Bookmakers). Poker is typically played within casinos and is regulated as a table game by the state and territory gambling regulators detailed below. Under section 15 of the Act it is an offence for a person to intentionally provide a prohibited interactive gambling service with an Australian-customer link. Overseas-based online casinos that target Australian residents are explicitly prohibited under the IGA, with significant civil penalties attached. The penalties for organising an unlawful lottery include 50 penalty units and/or 12 month imprisonment for a first offence, or 100 penalty units and/or 2 years imprisonment for a second or subsequent offence. Under section 6 of the Act, it is an offence to conduct a public lottery without lawful authority. TAB Limited operates a unique position in online betting in the state in that it is licensed under the Totalizator Act 1997 (NSW) to conduct totalizator and fixed odds wagering.
In addition to the compulsory responsible gambling messages and warnings, it is an offence to advertise an inducement to open a betting account or to refer another person to open a betting account and, in some jurisdictions, to gamble or to gamble more frequently. Hotels and clubs are permitted to provide approved gaming machines in the licensed premises. With the exception of virtual/simulated racing (which is generally only offered in retail venues including hotels and clubs), this betting is generally offered at racecourses, retail venues, online and by telephone. The number of gaming machines available in each state and territory is strictly regulated. Hotels and clubs hold a venue operator’s licence and a permit/licence to operate each gaming machine within the licensed premises.
A casino licence permits the relevant casino to typically offer traditional table games and gaming machines. A state or territory licence is typically required to operate a bingo centre in the relevant jurisdiction. Using these powers, the federal government has enacted legislation regulating, amongst other things, interactive gambling, anti-money laundering and counter-terrorism financing (AML/CTF) and consumer and competition protections (also known as anti-trust matters in some other jurisdictions). For completeness, it is worth noting that, to a lesser extent, local government bodies in most trusted casinos in Canada states and territories also regulate gambling from a local government and town planning perspective, but typically only as it relates to gaming machines and their operation within the relevant municipal district. Any skill games and competitions with no element of chance are not typically regarded as gambling, but may fall within certain ‘interactive gaming’ regimes when operated online and be regulated by state and territory gambling regulators. Unlike other jurisdictions, sweepstakes models which involve redemptions outside the platform are not operated in this jurisdiction (at least in any overt manner).
Despite these efforts, it is understood that Australians continue to transact in high volumes with offshore licensed and unlicensed gambling operators using virtual private networks and similar technologies. The ACMA has been particularly active in taking action against illegal gambling operators offering or promoting their services to Australians. Further, the ACMA has also been very active in engaging with overseas regulators and other parties concerning the illegal offering of online gambling products in Australia.
The Victorian regulator subsequently announced in March 2024 that it was satisfied that Crown Melbourne was suitable to operate the casino and that it was in the public interest for the casino licence to remain in force. Casinos are generally subject to periodic Licence reviews (often every five years). In relation to wagering and betting, apart from the NT (where the licences expire in 2035) and WA (where Retail Wagering and betting is operated by the state), the expiry dates of current Retail Wagering Licences are also similarly long-dated and range between 2044 and 2100. The duration of major operator licences depends upon the legislative framework in the relevant state or territory and is subject to possible change upon a licence renewal or new licence being issued. An application for a Corporate Bookmaker Licence issued in the NT, or an application for an On-course Bookmaker Licence, typically takes between three and six months for approval and can be made at any time. The number of licences available are limited and there are typically only one per state and territory (except in the case of current casino licences held in each of Qld, NT and NSW, the two recently issued Vic keno licences, and potentially for new wagering licences) and the processes are very infrequent.
The legal risk falls on unlicensed operators, not Aussie players. Australian authorities do not license online casinos for local players. Aussies are not breaking the law by playing at offshore online casinos. Loads of pokies and other games by many different providers, including live dealers and exciting game shows. 200% bonus up to $2000, claimable twice and with 100 free spins. Win up to $10,000 or 800 free spins, three times every week. Winz Excellent Aussie casino with no wagering required on all bonuses and free spins.
Failure to comply with the AML/CTF Act, including by not maintaining a compliant AML/CTF Program, and not filing TTRs and/or SMRs (or filing them late), can result in large civil penalties and possible criminal exposure. Included in this are restrictions at a state and territory level in relation to gambling advertising and also inducements to open an account and, in some jurisdictions, to gamble or to gamble more frequently. This is a departure from the previous ‘point of supply’ regime, under which states and territories derived no betting tax revenue from Corporate Bookmakers and other licensed betting operators taking bets online in the relevant jurisdiction. In addition, that licensee currently pays the state a tax of 21.25% of its gross gaming revenue from table games and 31.57% of its gross gaming revenue from gaming machines in respect of regular players, together with a 1% community benefit levy. The state and/or territory taxes that apply to gambling products depend upon the relevant licence under which the product is being offered, the type of product and also the jurisdiction in which the product is offered.
The same applies in relation to Retail Wagering Licences and also lottery and keno licences. Casino licences can typically only be applied for through a competitive tender process run by the relevant state or territory. Corporate Bookmakers offer online and telephone fixed-odds betting on racing, sports and other approved events and totalisator derivative betting on racing. Retail operations are typically conducted using authorised agents and licensing distribution arrangements. Retail Wagering is offered by state and territory-based totalisator agency boards (TABs) pursuant to sole licences in the relevant state or territory, thereby providing them with a form of ‘retail exclusivity’. Each state and territory has a relevant Casino Control Act (or similar legislation) under which casino licences have been issued.