Australia has a unique and rather complex regulatory framework for gambling, shaped by a mix of federal and state/territory laws. While gambling is generally widely popular across the country, it is subject to heavily regulation to ensure fairness, protect players and minimise the risks associated with problem gambling.
Gambling is an important part of Australian culture, with activities such as online pokies, lotteries, sports betting and casino games being widely enjoyed. That said, the industry is tightly controlled to balance entertainment with social responsibility.
Gambling laws are enforced by key regulators including the Australian Communications and Media Authority (ACMA), which oversees online gambling and the State/Territory Gambling Commissions, which regulate both land-based and online gambling within their jurisdictions.
Let’s take a closer look at the gambling laws available in Australian
In 2001, the Interactive Gambling Act (IGA) was enforced with the main aim of curbing the negative impacts of online gambling in Australia.
Technical loopholes arose, and Australia had no choice but to make changes to the law to protect those at risk from online gambling. With the aim of monitoring operators, casinos were subject to various rules and regulations:
There have been recent changes to the Interactive Gambling Act, most recently in 2017. The law changes seek to combat companies from outside Australia providing illegal gambling services online.
Australia’s federal interactive gambling laws continue to prohibit the following:
So how does the Interactive Gambling Act affect players? As per current sanctions, it is not illegal for players to access gambling sites and mobile casino apps (the ban is only applicable to operating online casinos, and advertising gambling mobile software in Australia.
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 are widely available at casinos, pubs and clubs. Australians gamble more than any other nationality in the world, and a lot of this gambling takes place via pokie machines.
Online Poker is one of the most popular games at Australian casinos. However, operating online poker sites in Australia is also 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. Any game 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 with online casinos also offering RNG-versions of bingo games. Some online lotteries are illegal in Australia, but players can still play Keno and buy local lotto tickets.
Australians can also bet on the outcome of lotteries even though this practice has been the subject of controversy. Online instant lotteries are forbidden, but betting on the outcome of financial simulations or the probability of numbers is not.
Gambling laws are federally legislated and enforced and legislated locally, by and large.
Gambling advertising is heavily regulated in Australia to minimise its impact on minors and problem gamblers.
Key restrictions include:
In Australia, it is the gambling operators that pay tax, not the players. There are no situations in which Australian players pay any income tax on their winnings. The federal government views this as income from a hobby and the result of luck.
The amount of tax the operators pay depends on the type of game and the location of the poker machines or casinos. These operator taxes vary from state to state. Another way casinos pay taxes is on the gambling licence they need to acquire from the government in order to operate.
The only fees or charges a player might encounter when playing an online casino. These could be fees to withdraw or deposit money into international casino sites and possibly conversion charges if payments are not accepted in Australian Dollars.
Australia places a strong emphasis on responsible gambling to address various problem gambling measures and other potential social impacts. Online casinos are obliged by their respective gambling authorities to promote responsible gambling as follows:
The Australian government has been intensifying its efforts in regulating online gambling, by targeting illegal offshore casino operators and increasing player protections.
Here are some of the recent changes:
One of the biggest changes in recent years is the ban on using credit cards for online gambling. This measure aims to reduce problem gambling by preventing players from betting with funds they do not have.
This ban applies to all forms of online gambling, including casino games, sports betting and lotteries. Operators must also prevent the use of digital wallets linked to credit cards.
To address the main concerns about the impact of gambling advertising on vulnerable persons, new restrictions have been introduced.
Gambling advertisements are now banned during live sports broadcasts between 5 a.m. and 8:30 p.m. This applies to ads on TV, radio and online streaming platforms. Furthermore, social media influencers are also prohibited from promoting gambling services to their followers, especially if the audience includes minors.
Gambling ads must also include more explicit responsible gambling measures, such as ‘Chances are you’re about to lose.’
The government has ramped up efforts to combat illegal offshore gambling sites, by blocking hundreds of illegal sites in 2023. Offshore operators continue to face increased fines and legal action if they continue to provide services to Australians without a valid gambling licence.
In line with stricter gambling regulations, the use of cryptocurrencies for online gambling has been restricted. This change aims to reduce the risks of money laundering and problem gambling associated with crypto transactions.
Australian gambling laws are designed to strike an effective balance between recreational gambling and protecting players from harm. While the gambling industry is heavily regulated, it remains a popular leisurely activity for many Aussies.
By understanding the various gambling laws and regulations, players are encouraged to gamble responsibly, whether online or at a gambling venue.
Is online gambling legal in Australia?
Yes although it is subject to some restrictions. The Interactive Gambling Act 2001 regulates online gambling in Australia. While online sports betting and lotteries are allowed, real-money online casino games and online poker are prohibited for Australian-based operators. Aussies can access these games at licensed offshore websites.
Can I use cryptocurrencies for online gambling in Australia?
Recent changes to the IGA prohibit licensed gambling operators from accepting cryptocurrencies as a payment method.
How can I gamble online responsibly in Australia?
To gamble responsibly, we recommend you only opt for licensed and regulated websites as recommended here and set a stipulated sum you are comfortable losing.
Are gambling winnings taxable in Australia?
In Australia, it is the operators that are charged tax, not the players. There is no tax to pay for online Australian players.
Are There Different Gambling Laws for Sports Betting, Poker and Casino Games?
There are thousands of sports betting retail outlets in Australia that provide local players with the opportunity to bet. There are a number of certified Australian-owned bookies that offer local customers the chance to try their luck in sports, racing and other events offered by these providers.
These are all deemed permissible, both online and on mobile devices. Online slot machines are legal for local players to access and have a large market in Australia.
Poker is one of the most popular games at Australian casinos, but operating interactive poker websites in Australia is forbidden.
Do gambling laws change if you are playing on your smartphone or tablet?
All laws apply to playing casino games or sports betting regardless of whether you are playing on your mobile or not.
