Leading Australian experts in gambling law and regulatory compliance

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.   

Although state and territory-based gambling regulators have historically shown a willingness to work cooperatively with licensees in relation to possible breaches of local laws, as a general comment, our observation is that regulator tolerance for non-compliance is reducing. That is particularly the case for breaches of advertising restrictions relating to inducements where appropriate warnings have been given and operators fail to meet the necessary standards. Expectations in relation to the responsible provision of gambling services have also increased and significant penalties have been applied for non-compliance.  

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.   

In the case of breaches of the AML/CTF Act by gambling service providers, AUSTRAC continues to show that it will prosecute civil penalty offences.  AUSTRAC has issued proceedings against a number of casino licensees for alleged contraventions of the AML/CTF Act and is conducting audit and investigative activities in the wagering sector.   

The AML/CTF Act also contains criminal provisions and it is possible that AUSTRAC may seek to apply these provisions in relation to non-compliance going forward.   

Enforcement action by 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 ACMA has the power to, amongst other things, instigate civil proceedings in Australia, notify border protection agencies of the names of directors/principals of offending illegal offshore operators (who may then be placed on a ‘movement alert list’ thereby disrupting any travel to Australia) and liaise with foreign regulators to stop alleged offenders.   

There are no international laws that 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.  This may have a direct impact on the ongoing suitability of a licensee, associate of a licensee, staff, supplier or other person, including whether they are ‘fit and proper’ for the purposes of local law. 

All gambling-related licences issued by a state or territory are subject to strict requirements relating to responsible gambling and harm minimisation.  Typically included in this are restrictions at a state and territory level in relation to gambling advertising and also inducements to open an account and, in some jurisdictions, to gamble or to gamble more frequently.  In addition, legislation and relevant codes of practice applicable to betting have been recently updated to restrict gambling advertising and odds promotion during broadcasts and online streaming of live sport, with more stringent restrictions occurring during the hours of 5:00am to 8:30pm.   

Advertising of gaming at hotels and clubs has been significantly curtailed in recent years on account of a number of regulatory reforms. 

In November 2018, all State and Territory gaming Ministers agreed to a National Consumer Protection Framework (NCPF) for online wagering, which has now been implemented with the objective of having a nationally consistent approach to harm minimisation measures, such as a prohibition on inducements (such as first deposit bonuses) being offered to a prospective customer to open a betting account, mandatory opt-out pre-commitment and a national self-exclusion register (NSER). The NSER, which operates under the name ‘BetStop’, commenced operations in August 2023. Also under the NCPF, as of 30 March 2023, all licensed online wagering service providers and licensed bookmakers in Australia are required to display new nationally consistent gambling messaging about the risks and potential harm from online wagering in all relevant promotional material and advertising across all platforms. 

Who regulates gambling in Victoria? 

The Victorian Gambling and Casino Control Commission is Victoria’s independent gambling authority responsible for licensing and compliance.    

The Office of Liquor, Gaming and Racing is a division within Victoria’s Department of Justice and Regulation responsible for policy, legislation, regulation, and major licensing.  

Who regulates gambling in New South Wales? 

Liquor and Gaming New South Wales (L&GNSW) sits within the NSW Department of Customer Service and is responsible for policy, licensing, and compliance. Separately, the Independent Liquor and Gaming Authority (ILGA) is an independent statutory decision-maker responsible for a range of casino, liquor, registered club, and gaming machine regulatory functions. A number of ILGA’s routine licensing functions are delegated to L&GNSW.   

Who regulates gambling in Queensland? 

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 policy and legislative development for the regulation of liquor, gaming, and fair trading, as well as harm minimisation programmes for the liquor and gambling industries. The QOLGR and QORP sit within the State’s Department of Justice and Attorney-General.  

 Who regulates gambling in Australian Capital Territory?  

The Gambling and Racing Commission sits within the portfolio of the Minister for Regulatory Services and is the ACT’s independent gambling authority responsible for licensing, compliance, and education.  

 Who regulates gambling in South Australia?  

Consumer and Business Services sits within the Attorney-General’s Department and is responsible for policy, licensing, and compliance in relation to betting, casinos, gaming machines and lotteries.  

The Lotteries Commission of South Australia sits within the Auditor General’s Department and has the primary function of promoting and conducting lotteries in SA. It has appointed a master agent to operate the Commission’s brands and products.  

Who regulates gambling in Tasmania?  

The Tasmanian Liquor and Gaming Commission sits within the Department of Treasury and Finance and is Tas’ independent gambling authority responsible for licensing and compliance.  

Who regulates gambling in Western Australia?  

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.  

Who regulates gambling in Northern Territory?  

The Northern Territory Racing and Wagering Commission is largely responsible for compliance matters. Licensing NT is responsible for licensing matters affecting all gambling activities in the NT. NTRWC and Licensing NT sit within the NT Department of the Attorney-General and Justice.  

What are the gambling laws in Victoria?  

Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements in Victoria and at a federal level.  

The list of gambling-related legislation below is not an exhaustive list.  There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates).  There are also various subordinate legislative instruments, including regulations, which have not been included.   

VIC 

• Gambling Regulation Act 2003 (Vic).  

• Casino (Management Agreement) Act 1993 (Vic).   

• Casino Control Act 1991 (Vic).   

   Federal 

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).   

• Financial Transaction Reports Act 1988 (Cth).   

• Interactive Gambling Act 2001 (Cth). 

• Spam Act (2003). 

 What are the gambling laws in New South Wales?  

Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements in New South Wales and at a Federal level.   

 The list of gambling-related legislation below is not an exhaustive list.  There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates).  There are also various subordinate legislative instruments, including regulations, which have not been included.   

 NSW 

• Betting and Racing Act 1998 (NSW).   

• Casino Control Act 1992 (NSW). 

• Community Gaming Act 2018 (NSW).   

• Gaming Machines Act 2001 (NSW).   

• Public Lotteries Act 1996 (NSW).   

• Unlawful Gambling Act 1998 (NSW).   

• Totalizator Act 1997 (NSW). 

 Federal 

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).   

• Financial Transaction Reports Act 1988 (Cth).   

• Interactive Gambling Act 2001 (Cth). 

• Spam Act (2003). 

What are the gambling laws in Queensland?  

Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements in Queensland and at a Federal level.   

The list of gambling-related legislation below is not an exhaustive list.  There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates).  There are also various subordinate legislative instruments, including regulations, which have not been included.   

QLD 

• Interactive Gambling (Player Protection) Act 1998 (Qld).   

• Breakwater Island Casino Agreement Act 1984 (Qld).   

• Brisbane Casino Agreement Act 1992 (Qld).   

• Cairns Casino Agreement Act 1993 (Qld).   

• Casino Control Act 1982 (Qld).   

• Charitable and Non-Profit Gaming Act 1999 (Qld).   

• Gaming Machine Act 1991 (Qld).   

• Jupiters Casino Agreement Act 1983 (Qld).   

• Keno Act 1996 (Qld).   

• Lotteries Act 1997 (Qld).   

• Queen’s Wharf Brisbane Act 2016 (Qld).   

• Wagering Act 1998 (Qld).   

Federal 

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).   

• Financial Transaction Reports Act 1988 (Cth).   

• Interactive Gambling Act 2001 (Cth). 

• Spam Act (2003). 

What are the gambling laws in the ACT?  

Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements in the ACT and at a Federal level.   

The list of gambling-related legislation below is not an exhaustive list.  There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates).  There are also various subordinate legislative instruments, including regulations, which have not been included.   

ACT  

• Casino Control Act 2006 (ACT).   

• Gaming Machine Act 2004 (ACT).   

• Interactive Gambling Act 1998 (ACT).   

• Lotteries Act 1964 (ACT).   

• Pool Betting Act 1964 (ACT).   

• Race and Sports Bookmaking Act 2001 (ACT).   

• Racing Act 1999 (ACT).   

• Totalisator Act 2014 (ACT).   

• Unlawful Gambling Act 2009 (ACT). 

Federal 

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).   

• Financial Transaction Reports Act 1988 (Cth).   

• Interactive Gambling Act 2001 (Cth). 

• Spam Act (2003). 

What are the gambling laws in South Australia?  

There is no single overarching statute regulating gambling activity in Australia.  Legislation regulating gambling activity in Australia exists at both the state/territory and Federal level.   

Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements in the South Australia and at a Federal level.   

The list of gambling-related legislation below is not an exhaustive list.  There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates).  There are also various subordinate legislative instruments, including regulations, which have not been included.   

SA 

• Authorised Betting Operations Act 2000 (SA).   

• Gambling Administration Act 2019 (SA). 

• Casino Act 1997 (SA).   

• Gaming Machines Act 1992 (SA).   

• Lottery and Gaming Act 1936 (SA).   

• State Lotteries Act 1966 (SA).   

Federal 

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).   

• Financial Transaction Reports Act 1988 (Cth).   

• Interactive Gambling Act 2001 (Cth). 

• Spam Act (2003). 

What are the gambling laws in Tasmania?  

There is no single overarching statute regulating gambling activity in Australia.  Legislation regulating gambling activity in Australia exists at both the state/territory and Federal level.   

Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements in the Tasmania and at a Federal level.   

The list of gambling-related legislation below is not an exhaustive list.  There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates).  There are also various subordinate legislative instruments, including regulations, which have not been included.   

TAS 

• Gaming Control Act 1993 (Tas).   

Federal 

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).   

• Financial Transaction Reports Act 1988 (Cth).   

• Interactive Gambling Act 2001 (Cth). 

• Spam Act (2003). 

 What are the gambling laws in Western Australia?  

There is no single overarching statute regulating gambling activity in Australia.  Legislation regulating gambling activity in Australia exists at both the state/territory and Federal level.   

Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements in the Tasmania and at a Federal level.   

The list of gambling-related legislation below is not an exhaustive list.  There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates).  There are also various subordinate legislative instruments, including regulations, which have not been included.   

WA  

• Betting Control Act 1954 (WA).   

• Casino (Burswood Island) Agreement Act 1985 (WA).   

• Casino Control Act 1984 (WA).   

• Gaming and Betting (Contracts and Securities) Act 1985 (WA).   

• Gaming and Wagering Commission Act 1987 (WA).   

• Racing and Wagering Western Australia Act 2003 (WA).   

• Racing Bets Levy Act 2009 (WA).  

Federal 

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).   

• Financial Transaction Reports Act 1988 (Cth).   

• Interactive Gambling Act 2001 (Cth). 

• Spam Act (2003). 

 What are the gambling laws in the Northern Territory?  

There is no single overarching statute regulating gambling activity in Australia.  Legislation regulating gambling activity in Australia exists at both the state/territory and Federal level.   

Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements in the Tasmania and at a Federal level.   

The list of gambling-related legislation below is not an exhaustive list.  There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates).  There are also various subordinate legislative instruments, including regulations, which have not been included.   

NT 

• Gaming Control Act 1993 (NT).   

• Gaming Machine Act 1995 (NT).   

• Racing and WageringAct 2024 (NT).   

• Unlawful Betting Act 1989 (NT).   

• Totalisator Licensing and Regulation Act 2000 (NT). 

Federal 

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).   

• Financial Transaction Reports Act 1988 (Cth).   

• Interactive Gambling Act 2001 (Cth).   

• Spam Act 2003 (Cth).

Virtual currencies are not currently used as a real-money alternative for gambling in Australia. The Interactive Gambling Act 2001 (Cth) was recently amended to preclude the use of digital currencies for online wagering purposes.