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The ICLG to: Gambling Laws and Regulations covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, https://casino-promocode-money.website/australia/best-mobile-online-slots-australia.html restrictions, digital media, enforcement and liability — in 43 jurisdictions.
Relevant Product Who regulates it in digital form?
Who regulates it in land-based form?
Online casino gaming is prohibited in Australia under the Interactive Gambling Act 2001 Cth Interactive Gambling Act.
Online poker is prohibited in Australia under the Interactive Gambling Act.
Poker is typically played within casinos and is regulated as a table game by the State and Territory gambling regulators detailed below.
In addition to casinos, poker is also played in hotels and clubs without generally being regulated in the same manner as a traditional casino table poker game, provided no third party i.
Bingo Online bingo is regulated by the State and Territory gambling regulators detailed below.
Bingo is regulated by the State and Territory gambling regulators detailed below.
Betting Betting Online betting is regulated by the regulators detailed below.
Land-based betting is regulated by the regulators detailed below.
The relevant regulatory bodies are the Northern Territory Racing Commission NTRC and Money laundering australia gambling NT.
There is currently no land-based betting on fantasy sports in Australia.
Lotteries Lotteries Online lotteries are regulated by the regulators detailed below.
Retail lottery sales are regulated by the regulators detailed below.
Social and skill-based gaming as described are not regulated by gambling regulators, however age classifications and other restrictions apply to such games.
Skill-based gaming machines which are a mixture of skill and chance are expected to start emerging in casinos shortly subject to regulatory approval.
If these games are not entirely skill-based that is, there is an element of chance then they will be subject to the relevant gaming laws.
Skill games and competitions with no element of chance Any skill games and competitions with no element of chance are not typically regarded as gambling.
Any skill games and competitions with no element of chance are not typically regarded as gambling.
In addition, a series of Federal statutes also cover certain aspects of gambling activity throughout Australia.
Separately, the Independent Liquor and Gaming Authority Board ILGA is an independent statutory decision maker responsible for a range of casino, liquor, registered club and gaming machine regulatory functions.
Queensland Qld The Queensland Office of Liquor and Gaming Regulation QOLGR is responsible for licensing and compliance and the Office of Regulatory Policy QORP is responsible for indigenous policy and the development and management of liquor and gambling harm minimisation.
Western Australia WA The Western Australian Department of Racing, Gaming and Liquor sits within the portfolio of the Minister for Racing and Gaming and is responsible for policy, licensing and compliance matters.
Northern Territory NT The NTRC is largely responsible for money laundering australia gambling matters.
Licensing NT is responsible for licensing matters affecting all gambling activities in the NT.
NTRC and Licensing NT sit within the NT Department of the Attorney-General and Justice.
For completeness, it is worth noting that, to a lesser extent, local government bodies in most States and Territories also regulate money laundering australia gambling from a local government and town planning perspective, but typically only as it relates to gaming machines and their operation within their municipal district.
Federal level The Australian Constitution provides the Federal government with power to regulate and govern, among other things, telecommunications, money and trade amongst the States and Territories.
free deposit mobile casino out below are the relevant regulatory bodies and a brief description of how they regulate gambling: 1.
Interactive gambling ACMA is the body responsible for media and communications regulation throughout Australia, including monitoring and enforcing the regulation of gambling online and over the telephone referred to as the interactive gambling laws.
ACMA monitors compliance with and enforces the interactive gambling laws.
Competition The Australian Consumer and Competition Commission ACCC is responsible under the Competition and Consumer Act 2010 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.
Relevant legislation As detailed above in question 1.
For completeness, the authors note that the list of gambling-related legislation below is not a conclusive 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.
Nearly all Corporate Bookmakers are licensed in the Northern Territory.
There money laundering australia gambling no limit on the number of bookmaker licences the NT may issue and Corporate Bookmakers are only permitted to operate online and via telephone.
Fantasy sports betting in Australia is typically permitted under a Corporate Bookmaker Licence.
An individual or sometimes incorporated bookmaker operating at a racecourse in Australia On-course Bookmaker is required to hold a State or Territory based on-course licence.
With the exception of question 2.
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 new casino operator licence in NSW issued for the Barangaroo casino, does not include permission to operate gaming machines.
If the gross proceeds are below a certain threshold, then in most States and Territories no Licence is required to offer bingo.
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.
Sports and racing bookmaking fixed-odds online and telephone only requires a Corporate Bookmaker Licence.
Nearly all Corporate Bookmakers are licensed in the Northern Territory.
Gaming machines are offered in casinos, hotels and clubs.
Gaming machines in WA can only be offered in the casino.
Bingo is regarded as minor gaming and may be conducted for fundraising purposes by community or charitable purposes.
A State or Territory Licence is typically required to operate a bingo centre in the relevant jurisdiction.
Similarly, a skill game with no element of chance is also not considered gambling and does not require any Licence.
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.
All fantasy betting typically occurs through Corporate Bookmakers in Australia.
Some On-course Bookmakers also offer online fixed-odds betting.
Similarly to State and Territory Licences issued to TABs for the purposes of Retail Wagering, most lotteries Licences are also currently sole Licences enabling lottery tickets and other lottery products including instant lottery tickets to be sold in retail through newsagencies and also online in some jurisdictions.
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 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.
The same applies in relation to Retail Wagering Licences and also lotteries and keno licences.
The number of Licences available is limited typically only pokies money real online australia per State and Territory, except in the case of current casino Licences held in each of Qld, NT and NSW and the processes are very infrequent.
An application for a Corporate Bookmaker Licence issued in the Northern Territory typically takes between three and six months for approval and can be made at any time.
There is no maximum number of Licences which can be issued.
The same applies in relation to any permit required to operate bingo.
The number of gaming machines available in each State and Territory is strictly regulated.
In the case of a casino, it will depend upon the relevant casino Licence.
All Licences are subject to strict restrictions as set out in the relevant legislation and also, typically, separate Licence conditions.
A breach of a Licence condition often triggers a breach of the relevant legislation, and vice versa.
The main restriction of an operator Licence relates to what gambling activity can be offered and through which channel.
Corporate Bookmakers typically have less onerous Licence restrictions.
A key obligation of a Corporate Bookmaker Licence is the requirement to establish a physical place of business in the NT and locate computer servers there, notwithstanding that most Corporate Bookmakers have head offices in other jurisdictions such as NSW or Vic.
In Australia, gambling harm issues are often associated with gaming machines and the Licence restrictions relating to the operation of gaming machines include more detailed responsible gambling obligations.
Pre-commitment and other harm minimisation and consumer protection measures https://casino-promocode-money.website/australia/emu-australia-coupon-code.html been implemented in relation to gaming machines in Australia with mandatory opt-out pre-commitment proposed to be implemented as part of a National Consumer Protection Framework NCPF.
These restrictions necessarily extend to the design, functionality and support required from gaming machine and other equipment manufacturers, software developments and technical services suppliers.
Any permit required for bingo is generally subject to very basic restrictions usually in relation to approved rules.
Bingo is considered low-risk from a responsible gambling perspective.
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.
There are various current casino Licences which are perpetual, whereas a number of others currently expire between 2050 and 2093.
In relation to wagering and betting, apart from Vic and NT where the licences expire in 2024 and 2035, respectively and WA where retail wagering and betting is operated by the Statethe expiry dates of current Retail Wagering Licences are also similarly long-dated and range between 2062 and 2100.
In the case of lotteries, aside from Tas where a licence expires in 2020 and WA where lotteries are owned and operated by the Statethe expiry dates are generally shorter than in relation to Retail Wagering, however they still range between 2028 and 2072.
Keno, as a similar product to lotteries, has a similar Licence duration.
Apart from Vic where the licence expires in 2022the key keno licences in Qld, NSW and ACT expire in 2047, 2050 and 2064, respectively.
Casinos learn more here generally subject to periodic Licence review often every five years.
The vulnerability of the above Licences to revocation or suspension is low.
It is rare for material proceedings or other materially adverse action to be initiated by gambling regulators against major licensees.
Please include in this answer any material promotion and advertising restrictions.
Casino Licences provide that casinos are only permitted to offer casino games and gaming machines to patrons present within the casino.
It is illegal to offer online casino gambling in Australia.
The Vic Licence includes not only wagering and betting but also a betting exchange.
Corporate Bookmakers can offer fixed-odds betting on racing, sport and other approved events online and over the telephone.
Lotteries licensees can offer their approved lottery products through retail newsagencies, third party agents and also online.
Keno licensees can offer their product through retail venues, online in-venue only in the case of NSW and online in the case of the ACT.
Hotels and Clubs are permitted to provide approved gaming machines in the licensed premises.
There are comprehensive Federal, State and Territory advertising restrictions which apply to the lawful advertising of gambling services.
These new rules have recently been extended to online streaming of live sport.
Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct including through advertising.
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.
By way of example, putting aside a Federal company tax of 27.
In addition, that licensee currently pays the State a tax of 21.
The relevant taxation amounts are reduced by the GST paid by the casino licensee in relation to these services.
The taxation payable by the relevant Licensee in Vic, NSW and Qld respectively, is 7.
Most States and Territories have recently introduced, or have committed to introduce, a POCT on bets taken from their residents which is payable by the Retail Wagering Licensee and also any Corporate Bookmaker irrespective of the location of the relevant entity.
The wagering and betting taxes payable in Vic by the Retail Wagering Licensee are being abolished with effect from 1 January 2019 once the Vic POCT regime commences.
The NSW POCT commences on the same date, however wagering taxes payable by the Retail Wagering Licensee in More info will remain, with a corresponding POCT offset.
These fees are generally a percentage of turnover and depend upon the relevant product.
Lotteries are subject to relatively high State and Territory taxation rates.
For example, in the key States of Vic, NSW and Qld, respectively, the rates are 79.
By contrast, taxation of keno across the same three key States is 24.
Various States also set minimum player returns.
State and Territory taxes on gaming machine revenue are complicated and vary significantly.
All gambling-related Licences issued by a State or Territory are subject to strict requirements relating to responsible gambling and harm minimisation.
In addition, the Federal government has also recently introduced amendments to the Interactive Gambling Act to restrict gambling advertising and odds promotion during live sport, with more stringent restrictions occurring during the hours of 5.
In September 2017, all State and Territory gaming Ministers agreed in principle to key elements of a NCPF for online wagering, which will include once implemented a nationally consistent approach to harm minimisation measures such as mandatory opt-out pre-commitment, a national self-exclusion register and activity statements for various gambling activities.
Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?
Austrac is the money laundering and terrorism financing regulator in Australia.
Virtual currencies are not currently used as a real-money alternative for gambling in Australia by any of the major operator Licence holders.
They are currently the subject of consideration by the various State and Territory gambling regulators.
Notwithstanding the ongoing consideration by gambling regulators, Austrac regulates virtual currencies as a designated service.
Online gambling is the fastest growing gambling segment in Australia growing at approximately 15% per annum and is likely to continue.
Only local operators holding relevant Licences may offer gambling products to Australian residents.
The Interactive Gambling Act provides that it is unlawful for overseas-based operators not holding a relevant State or Territory Licence to provide online gambling services to Australian residents.
The regulator responsible for enforcing the Interactive Gambling Act, ACMA, was recently given extended consumer protection responsibilities and powers as part of the Review of Illegal Offshore Wagering, relating to the enforcement of prohibitions on providing or advertising illegal interactive gambling services.
Casino licensees cannot offer online casino games in Australia it is prohibited under the Interactive Gambling Act, which also prohibits online poker.
Retail Wagering Licensees and Corporate Bookmakers can offer online betting.
Lotteries licensees can also offer their products online.
The ACT Keno licensee can offer its product online and the NSW Keno licensee can offer its product online in hotel and club venues only using geo-fencing technology.
Legislation was recently enacted to prohibit bets being taken by a Corporate Bookmaker on the outcome of a lottery, with such provisions commencing with effect from January 2019.
Such betting is limited to telephone betting and betting within a Retail Wagering environment.
Gaming machines operate in all Australian casinos except the ACT and licensed hotels and clubs except WA.
Some Australian casinos are in the process of introducing skill-based gaming machines, subject to regulatory approval.
Aside from gaming, Retail Wagering Licensees own and operate electronic betting terminals EBTs in retail venues in a TAB, on-course, in hotels and in clubs to facilitate totalisator and fixed-odds betting.
EBTs may be used to place live bets on sport.
Most Retail Wagering Licensees also offer virtual racing in retail venues.
Keno licensees offer self-service terminals for their keno product in hotels and clubs.
State and Territory laws contain a broad range of provisions relating to gambling which imposes obligations on licensees, associates of licensees, staff, suppliers and sometimes customers.
Recent action by State and Territory based gambling regulators against licensees has related to breach of licence conditions in relation to a casino, and also breach of advertising restrictions by Retail Wagering Licensees and Corporate Bookmakers.
Whilst Federal, State and Territory laws and regulations are often capable of being contravened by directors and other officers of licensees, recent regulatory action has been taken against corporate licensees only.
As regulation tightens, it is expected that this will change going forward and that directors and other officers will be actively pursued in relation to alleged breaches of relevant gambling and related laws.
State and Territory money laundering australia gambling often also contain a range of offences in relation to unlawful gambling, which can include organising the unlawful event as well as participating in it.
State and Territory licensees are expected to have appropriate controls in place to ensure that they comply with their Licence obligations, including relevant laws and any conditions attaching to their Licence.
State- and Territory-based gambling regulators have shown a willingness to work cooperatively with licensees in relation to possible breaches of local laws, however recent prosecutions for breaches of advertising restrictions relating to inducements demonstrate that some offences will not be tolerated where appropriate warnings have been given and operators fail to meet the necessary standards.
Enforcement action by ACMA is also likely to increase given the breadth of their powers in relation to gambling advertising and odds promotion during live sport.
The implementation of the NCPF will also most likely result in increased enforcement action, however the framework is yet to be finalised.
There are no international laws which would impact on liability or enforcement of local Federal, State or Territory laws in Australia relating to gambling service providers.
Notwithstanding this, local regulatory authorities work closely with their international counterparts, including in relation to intelligence and information sharing.
Gambling debts legally incurred are enforceable in Australia, however any such debts are only likely to arise in relation to casinos in particular, with their VIP clients.
Corporate Bookmakers were banned from offering credit to their customers in 2018 as part of the implementation of measures announced in relation to the NCPF.
The key changes are the NCPF and also the POCT in those jurisdictions which have not yet introduced it.
An overview of the NCPF is detailed in question 2.
A constant, hidden threat: money laundering in the betting and gaming industry
threatened to revoke five online casino operators’ licences, saying they weren’t doing enough to combat terrorist financing, money laundering and problem gambling. In May, it slashed the size.
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