CCPA Advisory: Action Against Illegal Betting & Gambling Ads

Each state and territory has a relevant Casino Control Act (or similar legislation) under which casino licences have been issued. 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 pokies with payid australia real money and falls within certain ‘interactive gaming’ regimes regulated by state and territory gambling regulators. Corporate Bookmakers typically also offer ‘totalisator-derivative’ or ‘tote odds’ type betting. 2.1 What regulatory licences, permits, authorisations or other official approvals (collectively, "Licences") are required for the lawful offer of the Relevant Products to persons located in your jurisdiction?
This supplements the procedure under which penalties were only imposed by the regulator through action in court proceedings. This differs from the previous scheme, under which penalties would only be imposed by the regulator through action in court proceedings. It contains a broader range of requirements relating to inducements and the manner in which they can be advertised. The taglines must also include a call to action, which differs depending on the platform used and the duration of the advertisement. However, there are strict restrictions with regard to what can be included in an advertisement and when advertising is permitted.
Among the requirements set to take effect in March 2026 for existing reporting entities (including casinos, gaming venues and bookmakers) are new AML/CFT programme requirements. Australia’s AML/CFT Act was materially amended in late 2024 in an effort to simplify and modernise Australia’s financial crime laws, and to comply with Financial Action Task Force (FATF) standards. As part of the 2025–26 budget reforms, the Northern Territory government doubled the cap to 2 million revenue units from 1 July 2025.
The definition of advertising in the respective legislation in the states and territories also captures online gambling advertisements. AUSTRAC has remained active in its review and enforcement of gambling operators. Following changes to Australia’s AML/CTF Laws, which came into effect on 29 September 2023, online wagering operators are required to verify a new customer prior to providing a designated service. There have been recent amendments to the AML/CTF Rules, and, following consultation processes, the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 (the "AML/CTF Amendment Bill") was introduced into Federal Parliament and received royal assent on 10 December 2024. Several jurisdictions publish responsible gambling codes of practice or require relevant licensed operators to institute a responsible gambling code. Responsible gambling requirements that apply to land-based gambling operators vary depending on the type of licence held by the operator, and on the state and/or territory in which the operator is licensed.
This book has been carefully reviewed, edited and audited by Oliver Chang, a member of ICLG in-house editorial team to ensure relevance and house style. This includes insights into developments such as the Point of Consumption Tax and the National Consumer Protection Framework. Senet keeps clients informed about changes in existing regulations or the introduction of new ones. The firm offers guidance during regulatory investigations by local gambling authorities, the Australian Competition and Consumer Commission (ACCC), the Australian Transactions Reports and Analysis Centre (AUSTRAC), law enforcement agencies and other statutory bodies. Senet advises on competition and antitrust laws, particularly in relation to new product offerings, advertising campaigns and marketing policies. Senet provides counsel on corporate structuring and compliance with regulatory requirements.
With the exception of virtual/simulated racing (which is generally only offered in retail venues including hotels and clubs), this betting is generally offered at racecourses, retail venues, online and by telephone. Casino licences provide that casinos are only permitted to offer casino games and gaming machines to patrons present within the casino. Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities typically have perpetual licences, which are often administrative in nature and remain on issue, subject to the payment of periodic fees.
Following the various casino inquiries that found that each of the relevant casinos acted in an inappropriate manner, amendments were made to relevant legislation to provide for a substantial increase in penalties. Regulators are vigilant about ensuring that operators comply with the applicable laws, and will take enforcement action when required. On 19 February 2025, the ACMA announced that Network Ten (Sydney) Pty Limited had breached broadcasting gambling advertising rules by airing four gambling advertisements at prohibited times during the Australian Formula 1 Grand Prix in March 2024. If Hubbl fails to comply with the ACMA’s remedial direction, it may be ordered by the Federal Court to pay penalties of up to AUD626,000 per day. The sanctions and penalties that apply with regard to breaches of advertising restrictions vary significantly depending on the laws of the relevant jurisdiction and the nature of the contravention. This prohibition generally applies to the advertising of online gambling services that are prohibited or unlicensed, including offshore gambling operators. The AML/CTF Act was amended to allow for parties to rely on KYC checks conducted by third parties, on the basis that such checks abide by the requirements present under the AML/CTF regime.
In relation to wagering and betting, apart from the NT (where the licences expire in 2035) and WA (where Retail Wagering and betting is operated by the state), the expiry dates of current Retail Wagering Licences are also similarly long-dated and range between 2044 and 2100. There are often strict local government planning requirements that must be met in relation to gaming machines. Bingo is often regarded as minor gaming and may be conducted for fundraising or charitable purposes, typically by a community or other not-for-profit organisation. In relation to hotels and clubs, a venue requires both a gaming venue licence and also a permit/licence for each gaming machine a venue operates. 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.
Since its implementation in November 2019, the ACMA has requested that more than 1,000 websites (including of affiliates) be blocked. A licensed bookmaker or betting exchange must request the NTRWC’s prior approval for any partnerships entered into where the licensed operator provides compensation to the other party for the referral of customers to the licensed activities of the licensed bookmaker or betting exchange. A personal licence may include conditions with which the individual must comply. The disclosure thresholds for shareholders differ between states and territories (and the types of gambling licence); generally, the applicable percentage is 10%, but in certain cases it may be 5% or lower. Due diligence will be conducted to determine the suitability of the applicant company, and of its shareholders and directors, as well as that of the holding companies and ultimate beneficial owners. For the installation and repair of gaming machines in the land-based market, for example, gaming machine technician licences may be required. Various B2C licences are issued by states and territories to conduct online or land-based gambling (as defined in the respective state or territory).