How To Get A Gambling License In Australia

  • It's illegal to provide some interactive gambling activities, such as 'online casinos', to someone in Australia. Examples include roulette, poker, craps, online 'pokies' and blackjack. Any game of chance, including games of mixed chance and skill played over the internet, is prohibited under the Interactive Gambling Act 2001 (IGA) if it's.
  • If you want to apply for a social or charitable gambling license, you will need to fill out a paper application. Please download the appropriate application below and mail the completed packet including payment to our office.
  • We’ve written a detailed breakdown of Australia’s online gambling laws elsewhere on our site. The following is only a summary. The following is only a summary. In short, offering most forms of online gambling in Australia is illegal per the Interactive Gambling Act 2001 and the Interactive Gambling Bill of 2016.

All questions

In Australia, it’s much more strictly regulated. Our state governments grant retail betting licenses to the preferred bidder, who get a retail monopoly. When off-track betting was first legalised, the government set up Totalisator Agency Boards (TABs) to run it. As a licence is granted through an agreement with the government, the terms licence and agreement mean the same thing. Format of applications. There is no standard form for applying for an internet gaming licence. Instead, you must prepare a submission which provides detailed information about all of the following areas, and attach relevant.

Overview

i Definitions

In general terms, for an activity to be classified as gambling in Australia, it must involve the staking of money or other valuable consideration of real-world value on the outcome of an event determined in whole, or in part, by chance and with the objective of winning a prize.

Where an activity does not satisfy these criteria, it is not generally considered to be gambling under Australian law.

'Trade promotions', being free-to-enter competitions for the promotion of trade, are also regulated under gambling legislation in each jurisdiction. These competitions are subject to specific restrictions and, in certain jurisdictions, are only able to be conducted where a permit has been issued by the relevant regulator.

Fantasy sports operators have existed in the Australian market for some years. Initially, they were regulated as a form of trade promotion, whereas now they are treated by regulators as a form of bookmaking.

No specific regulation of 'pool betting' exists in Australia. Exclusive licences are granted to totalisator operators in all Australian jurisdictions. These operators are licensed to accept bets relating to a contingency (generally, the outcome of a racing or sporting event), which are then contributed to a pool that is paid out by reference to successful bets (after the operator deducts a percentage of the pool as commission, as well as various fees and taxes).

Spread betting and betting on financial products are regulated by the Corporations Act 2001 (Cth). To be conducted legally, operators must obtain an Australian Financial Services Licence. These products are regulated under a different regulatory regime to gambling products; however, in certain circumstances, a sports betting licence may also be obtained.

ii Gambling policy

In Australia, there is a general prohibition in all jurisdictions on the conduct and promotion of gambling. Legislative exemptions exist for gambling activities that are conducted under a licence. These activities include:

  1. lotteries (both in venue and online);
  2. wagering and sports betting (both in venues and online);
  3. electronic gaming machines, slot machines, or 'pokies' (just in venues); and
  4. land-based casinos where casino games, including poker, baccarat and blackjack (among others) can be played.

The paternalistic approach to the regulation of gambling services by Australian state and federal governments is a response to the concerns that arise from the adverse social consequences associated with gambling.

However, gambling has long been a part of Australia's culture and identity and, together with racing and sport, is well established in the national consciousness. State and territory-based regulation of gambling in the early 20th century marked the beginning of the legislative regime in place today. With the introduction of online wagering in the late 20th century, the industry continues to flourish, despite the continuing conflict between the economic returns provided by the gambling sector to state and territory governments, and sporting and racing bodies, and the pressure for governments to take action to minimise problem-gambling behaviour.

iii State control and private enterprise

Historically, lottery and totalisator operators were government-owned entities. Almost all states and territories (Western Australia being the exception in respect of its totalisator and lottery) have corporatised and privatised these gambling operators. All leading gambling businesses in Australia (many of whom are listed) conduct business under a licence granted by a state or territory government (or regulator).

The principal licensed gambling operators are:

  1. Tabcorp Holdings Limited, which, since combining with Tatts Group Limited (Tatts) (see Section VIII, below) has the exclusive right to conduct both lotteries and totalisators (and off-course betting) through retail outlets in Queensland, Tasmania, New South Wales, Victoria, South Australia, the Australian Capital Territory and the Northern Territory;
  2. The Star Entertainment Group Limited, which operates casinos in Sydney and in South East Queensland;
  3. Crown Resorts Limited, which operates casinos in Melbourne and Perth (and Sydney from 2024) and also conducts the Australian Betfair betting exchange;
  4. Sportsbet Pty Limited, a sports bookmaker;
  5. BetEasy Pty Limited (formerly, CrownBet, now owned by The Stars Group), a sports bookmaker that acquired William Hill's Australian operation in 2018; and
  6. Aristocrat Leisure Limited, Ainsworth Game Technology, Scientific Games Australia, Konami Australia, International Game Technology (IGT) and Aruze Australia (all being suppliers of gaming machines).

In Western Australia, the totalisator and lottery are conducted through state-owned corporations, respectively operated by Racing and Wagering Western Australia and LotteryWest. However, the Western Australian government announced in late 2018 that it is conducting a tender process in respect of the exclusive licence to operate the state's totalisator.

Separate exclusive licences are also issued in each state and territory in respect of the conduct of Keno games in land-based retail venues.

The right to operate a casino has been the subject of an exclusive licence in the relevant jurisdiction, save for Queensland, New South Wales and the Northern Territory. The recent issue of new casino licences in New South Wales and Queensland is discussed further in Section II, below.

Wagering services are not only provided by totalisator operators (who also provide fixed-odds betting services) but also by on-course bookmakers (some of whom also operate online) and corporate bookmakers (mostly licensed in the Northern Territory).

iv Territorial issues

As mentioned in subsection iii, above, licences to conduct gambling are issued by the relevant state or territory government (or regulator) including those listed in Section II, below. Traditionally, gambling was conducted solely in venues. However, as a result of new technologies and the challenges posed by gambling monopolies in most Australian states and territories, a number of gambling businesses (particularly in the wagering sector) are licensed to conduct gambling remotely. This includes corporate bookmakers, most of whom are subsidiaries of leading European online betting companies.

However, it is generally understood under principles of Australian constitutional law that gambling services provided under a licence issued in any state or territory of Australia are able to be provided to residents of other Australian states and territories. This principle was confirmed by the decision of the High Court of Australia in Betfair Pty Ltd and another v. Western Australia (2008) 244 ALR 32.

Each licensing jurisdiction imposes different licence conditions on its licensed operators, by reference to the relevant legislation. Most online corporate bookmakers, for example, are licensed in the Northern Territory by the Northern Territory Racing Commission (NTRC).

v Offshore gambling

In 2001, the federal government enacted the Interactive Gambling Act 2001 (Cth) (IGA) which prohibits the provision of 'interactive' (or online) gambling services with an 'Australian customer link'. The IGA is enforced by the Australian Communications and Media Authority (ACMA) and the Australian Federal Police. In September 2017, the IGA was amended by the Interactive Gambling Amendment Act 2017 (Cth) (IGA Amendment Act) in response to claims that the existing legislation was ineffective as a means of deterring unlicensed offshore gambling operators from providing services to Australian residents.

The amendments, among other things, increased penalties, expanded existing aiding and abetting offences, clarified the prohibition on the use of VoIP technology by licensed wagering operators to facilitate in-play betting services, banned the provision of lines of credit by wagering operators and granted the ACMA greater investigative and enforcement powers, including the power to issue formal warnings and infringement notices.

Broadly speaking, the IGA prohibits the provision of 'prohibited interactive gambling services' (the Section 15 Offence) and 'regulated interactive gambling services' without an Australian licence (the Section 15AA Offence), to persons present in Australia (together, the Operational Prohibitions). Regulated interactive gambling services include wagering services (with the exception of in-play sports betting services provided via an internet carriage service, including VoIP technology, which is prohibited) and lottery services (with the exception of instant or scratch lotteries, which are also prohibited). In addition, the IGA prohibits the advertising in Australia of 'prohibited interactive gambling services' and, unless the relevant party is licensed in Australia, 'regulated interactive gambling services' (the Advertising Prohibition).

The IGA targets the supply of online gambling to residents of Australia by offshore operators, but does not prevent Australian residents from accessing those offshore services, or the provision of services by Australian operators to customers in other countries.

A defence is available for an alleged breach of the IGA where the operator did not know, or could not reasonably have known, that their service had an 'Australian customer link,' that is, that any or all of the customers of the service were physically present in Australia.

Gambling License Australia

How To Get A Gambling License In Australia Visa

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

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

How To Get A Gambling License In Australia

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

Online casinos are banned in Australia and for this reason, no legal list of casinos exist.

Australian licensed land based casinos

How To Get A Gaming License In Australia

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

How To Get A Gambling License In Australia Right Now

We wrote an article on Curacao Gambling License which may be of interest to you should you be looking for alternative casino licensing information.

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