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Under the AML/CTF Act, certain gambling activities are classified as ‘designated services’ and, as such, reporting entities are required, among other things, to register with AUSTRAC, develop and maintain a compliant AML/CTF Program and report certain transactions to AUSTRAC, including by way of TTRs and SMRs. This is a departure from the previous ‘point of supply’ regime, under which states and territories derived no betting tax revenue from Corporate Bookmakers and other licensed betting operators taking bets online in the relevant jurisdiction. Hotels and clubs are permitted to provide approved gaming machines in the licensed premises. 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. The number of gaming machines available in each state and territory is strictly regulated.
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.
Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct (including through advertising). In addition to the compulsory responsible gambling messages and warnings, it is an offence to advertise an inducement to open a betting account or to refer another person to open a betting account and, in some jurisdictions, to gamble or to gamble more frequently. On-course Bookmakers offer substantially the same fixed-odds betting on-course and, subject to approval, also over the telephone and in some instances online.
Corporate Bookmakers are licensed to offer fixed-odds betting on racing, sport and other approved events online and over the telephone. 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. The NICC did, however, impose a fine of AUS $15 million on account of four breaches of regulatory requirements. Casinos are generally subject to periodic Licence reviews (often every five years). Gaming machine permits/licences have typically been perpetual in Australia, other than in certain states such as Vic, which operate for 20 years from August 2022 onwards.
Retail Wagering Operators, Corporate Bookmakers and On-course Bookmakers are also required to pay race field fees/product fees to racing controlling bodies and sports controlling bodies, respectively, in relation to bets taken on their product. In the NT, Corporate Bookmakers (and betting exchange operators) are required to pay a sports bookmaking tax on all net revenue and also a Racing and Wagering Levy which, among things, is applied to gambling harm reduction measures. In addition, that licensee currently pays the state a tax of 21.25% of its gross gaming revenue from table games and 31.57% of its gross gaming revenue from gaming machines in respect of regular players, together with a 1% community benefit levy. 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). The state and/or territory taxes that apply to gambling products depend upon the relevant licence under which the product is being offered, the type of product and also the jurisdiction in which the product is offered.
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In addition, a number of Corporate Bookmakers have recently been required by AUSTRAC to appoint independent auditors to assess their AML/CTF compliance, with one subsequently entering into an enforceable undertaking with AUSTRAC. Failure to comply with the AML/CTF Act, including by not maintaining a compliant AML/CTF Program, and not filing TTRs and/or SMRs (or filing them late), can result in large civil penalties and possible criminal exposure. 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. All gambling-related licences issued by a state or territory are subject to strict requirements relating to responsible gambling and harm minimisation.