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At the time of writing, casino licensees in NSW and Qld have been deemed unsuitable to hold the licences issued in those jurisdictions. Other regulatory action has been taken for responsible gambling, advertising-related and other matters. This has included action taken by AUSTRAC in relation to casino licensees in Vic, NSW, Qld, WA and also SA examining money laundering issues (including those concerning ‘junket operators’). The ACMA has also been particularly active in relation to enforcement action in connection with spam legislation where infringements by a number of wagering operators have been identified.
Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities are also required to hold a relevant licence (including providers of gaming machine monitoring services). A casino licence permits the relevant casino to typically offer traditional table games and gaming machines. Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements for each Australian state/territory, as well as at the federal level. For completeness, it is worth noting that, to a lesser extent, local government bodies in most 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.
Experience the ultimate gaming platform with 98.5% RTP, $5,000 welcome bonus, and 1,500+ games. ICLG’s in-house editorial team carefully reviews and edits each chapter, updated annually, and audits each one for originality, relevance and style, including anti-plagiarism and AI-detection tools. The authors also anticipate reforms in the area of ‘trade promotion lotteries’ which are a form of free-entry permissible lottery conducted for the purpose of promoting a business or trade. In a land-based context, the Victorian regulator has been particularly active in targeting underage gambling in pubs and clubs in particular – a practice that is illegal in all Australian jurisdictions. 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. It is worth noting also that significant fines in the hundreds of millions have been levied against the Vic, NSW and Qld casino licensees to date and other fines are possible as regulatory processes continue. Separately, SkyCity Group (SA) was ordered by the Federal Court to pay a $67 million penalty in June 2024, after AUSTRAC launched civil penalty proceedings against it for breaches of the AML/CTF legislation.

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Corporate Bookmakers typically also offer ‘totalisator-derivative’ or ‘tote odds’ type betting. Sometimes an On-course Bookmaker will be licensed to offer fixed-odds betting on racing only. Corporate Bookmakers offer fixed-odds betting online and over the telephone on sport, racing and other approved events, whereas On-course Bookmakers offer fixed-odds betting on-course and, subject to approval, also over the telephone and in some instances online on similar events as a Corporate Bookmaker. Corporate Bookmakers are commonly licensed in the NT, whereas On-course Bookmakers (which may have online operations) are licensed in the relevant state or territory. There are also various subordinate legislative instruments, including regulations, which have not been included.

In the case of lotteries, aside from Tas (which operates under renewable five-year permits linked to Victorian and Queensland licences) and WA (where lotteries are owned and operated by the state), the expiry dates are generally shorter than in relation to Retail Wagering; however, they still range between 2024 and 2072. 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. Various states (including NSW and Vic) have implemented harm minimisation measures to cap the number of gaming machine permits/licences on issue in certain lower socio-economic areas.
Enforcement action by the ACMA is also likely to continue following the implementation of various legislative changes, including in relation to illegal gambling sites and following the recent commencement of the NSER. The introduction of the power for particular regulators to issue penalty infringement notices for certain gambling-related offences as an alternative to commencing court action has been a recent development in this jurisdiction. 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. Have fines, licence revocations or other sanctions been enforced in your jurisdiction? What appetite for and track record of enforcement does your local regulatory authority have?
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