Damon Mcknight
Gambling is a popular pastime in Australia, with Australians losing approximately $25 billion on legal forms of gambling each year. While the country has a complex regulatory landscape surrounding gambling, the act itself is not illegal. The Interactive Gambling Act of 2001 makes it illegal for gambling providers to offer certain online services to people in Australia, but the law does not prohibit all online gambling. Private and social gaming, such as playing poker or blackjack at home with friends, is also generally permitted, although there are restrictions to ensure that commercial gambling is not disguised as private gaming.
| Characteristics | Values |
|---|---|
| Gambling definition | Involves a prize of money or something of value; a person paying money or valuables to participate; an outcome involving chance, even if influenced by skill |
| Gambling at home laws | Private and social gaming, such as poker or blackjack, is lawful in the ACT as long as it is conducted in a person's home and not a public place; bets can be made but there are restrictions to prevent commercial gambling |
| Unlawful Gambling Act 2009 | Makes all gambling unlawful in the ACT unless permitted under the Act or another territory law; expressly provides for private gaming, two-up on Anzac Day, approved charitable gaming, and exempt/unlawful games |
| Interactive Gambling Act 2001 | Makes it illegal for gambling providers to offer certain online services to people in Australia, including advertising, credit offers/promotion, and online casino gambling |
| Regulatory body | Australian Communications and Media Authority (ACMA) |
| Regulatory actions | Civil proceedings, notifying border protection agencies of illegal offshore operators, liaising with foreign regulators |
| Other lawful activities | Casino gaming, gaming machine activity at clubs/hotels/taverns, lotteries, charitable gaming with approval, chess, board games, wargames, arcade/amusement games |
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What You'll Learn
Private gaming is allowed at home
Gambling laws in Australia are created by both the Australian government and state and territory governments. While the federal government has passed laws to regulate online gambling, the laws regarding gambling at home vary by territory.
In the Australian Capital Territory (ACT), the Unlawful Gambling Act 2009 makes all gambling unlawful unless it is permitted under the Act or another territory law. The Act expressly provides for private gaming, which is lawful when conducted in a person's home. This includes games such as poker or blackjack played with friends, where bets can be made. However, there are restrictions to ensure that commercial gambling is not disguised as "private" gaming. Private gaming cannot be held in public places such as hotels, clubs, community halls, cafes, or restaurants.
The ACT Gambling and Racing Commission has declared certain games as unlawful, such as those typically found at fairs or amusement arcades, and these can only be played at home or in a casino. Other games, such as chess, board games, and wargames tournaments, are generally permitted. Casino gaming, gaming machine activity, and lotteries are also lawful in the ACT under separate legislation.
It is important to note that online casino gambling is illegal in Australia, and the Interactive Gambling Act 2001 makes it unlawful for gambling providers to offer certain online services. This includes prohibiting the provision of credit by interactive wagering service providers and banning advertising and promotion of these services in Australia. The Australian Communications and Media Authority (ACMA) is responsible for monitoring and enforcing these regulations.
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Online gambling is illegal
The Australian Communications and Media Authority (ACMA) is responsible for monitoring and enforcing compliance with the IGA. ACMA has the power to block illegal offshore gambling websites, impose penalties, and notify border protection agencies of the names of directors of offending operators.
Despite the ban, many online gambling websites and apps based overseas are still accessible in Australia. These services may not follow the same rules and safety measures as Australian gambling services, and there have been reports of issues with non-payment of winnings, unexpected site closures, and unauthorised withdrawals.
There are, however, some exceptions to the federal prohibition on interactive gambling services. Online sports betting, including horse racing and greyhound racing, is allowed if the betting organisation holds a license from the relevant state or territory authority and does not involve live in-play betting. Online lotteries are also permitted if approved by a relevant state or territory lottery authority.
To ensure compliance with Australian laws and protections, it is important for individuals to gamble only on licensed and registered websites and to report any suspected illegal gambling services to ACMA.
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Casino gaming is lawful
Casino gaming in Australia is lawful, but there are strict regulations in place. Each state and territory has a Casino Control Act (or similar legislation) under which casino licences are issued. There are currently 14 casino licences in operation in Australia. A casino licence permits the relevant casino to offer traditional table games and gaming machines to patrons present within the casino.
Poker played outside of a casino is also generally permitted, provided that no person involved in the organisation of the game gains a percentage or share of the amounts wagered.
Social gaming with no prize, being either money or money’s worth, does not require any licence, as it is not regarded as gambling under federal, state or territory law. Similarly, a skill game with no element of chance is also not considered gambling and does not require any licence, unless it is operated online and falls within certain ‘interactive gaming’ regimes regulated by state and territory gambling regulators.
Online gambling is heavily restricted in Australia under the Interactive Gambling Act 2001. However, the federal prohibition includes a number of exceptions, such as online sports betting and online lotteries, if the relevant organisation holds a licence from the state or territory authority.
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Charitable gaming is restricted
In Australia, charitable and non-profit gaming is governed by the Charitable and Non-Profit Gaming Act 1999, which categorises games and outlines licensing requirements.
Raffles, art unions, bingo, lucky envelopes, sweeps, and promotional games are among the games covered by this legislation. The Act distinguishes between four categories of games, each with distinct rules and requirements.
For Category 1 games, which include raffles, art unions, sweeps, football doubles, lucky door prizes, and bingo, non-profit associations and, in limited cases, individuals can conduct these games without a licence as long as total ticket sales do not exceed $2,000, and the total value of raffle prizes is at least 20% of estimated ticket sales.
Eligible associations can conduct Category 2 games, which include raffles, sweeps, football doubles, lucky door prizes, and bingo, without a licence if ticket sales are between $2,000 and $50,000.
For Category 3 games, individuals, incorporated associations, or non-profits running raffles or art unions must obtain a licence when total ticket sales surpass $50,000. Their licence number must be printed on all tickets, and the total prize value must be at least 20% of estimated ticket sales.
Bingo centres, defined as two or more eligible associations conducting more than 25 bingo sessions weekly, require a bingo centre licence. Lucky envelopes, a type of pre-determined lottery, can only be printed and sold by eligible incorporated associations with a lucky envelope printer licence.
While charitable gaming is permitted under specific conditions, online casino gambling is illegal in Australia. The Interactive Gambling Act 2001 prohibits gambling providers from offering certain online services to Australians, including advertising banned services and providing or facilitating credit for online betting.
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ACT laws permit some gambling
Australia's federal interactive gambling laws prohibit certain activities, such as providing or facilitating the provision of credit by interactive wagering service providers to their customers. The Interactive Gambling Act 2001 makes it illegal for gambling providers to offer some online services to people in Australia. Banned services include offering credit for online betting and advertising banned services.
However, gambling laws in Australia vary across states and territories. For example, the Gambling Regulation Act 2003 in Victoria defines gambling as an activity that involves a prize of money or something of value offered or won, a person paying money or valuables to participate, and an outcome involving chance, even if influenced by skill. Activities that fall within this definition are authorised and not considered unauthorised gambling, such as playing Two-up in RSL clubs and sub-branches approved by the Victorian State Branch.
In Western Australia, the Gambling—1973 ACT authorises bona fide charitable or nonprofit organisations to conduct turkey shoots with money wagers without requiring a permit or license from the commission. These contests are not considered gambling or lotteries and are exempt from civil or criminal penalties.
In the Australian Capital Territory (ACT), hotels and clubs are permitted to provide approved gaming machines in licensed premises. Keno licensees can offer their products through retail venues and online.
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Frequently asked questions
Private and social gaming, such as playing a game of poker or blackjack at home with friends, is lawful in the ACT. However, there are restrictions to ensure that commercial gambling is not operated under the guise of “private” gaming. For private games to be lawful, they must be conducted in a person's home and not in public places such as hotels, clubs, community halls, cafes or restaurants.
The Unlawful Gambling Act 2009 makes all gambling unlawful unless it is permitted under the Act or another territory law. The Act expressly provides for private gaming, two-up on Anzac Day, approved charitable gaming, and the declaration of exempt or unlawful games.
The Interactive Gambling Act of 2001 makes it illegal for gambling providers to offer some online services to people in Australia. Banned services include online casino gambling, providing or facilitating the provision of credit by certain interactive wagering service providers to their customers, and advertising banned services.
