AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
fees. It is anticipated that regulations will be finalised by mid-2026. The three-stage licence process outlined in the fore- going will only commence after the NZ Online Casino Bill and the regulations are enacted. The licensing pro- cess is anticipated to take place in the second half of 2026. Amendments were introduced in NZ in 2024 to include a requirement for offshore online gambling operators providing online gambling services (ie, online casino- type games) to customers located in NZ to pay an offshore gambling duty. The requirement came into effect from 1 July 2024. The operators are current- ly required to pay a 12% offshore gambling duty in addition to goods and services tax (GST). However, the NZ government has recently announced plans to increase the gambling duty to 16%, with the additional 4% to be directed towards community contributions. The Select Committee has recommended that the distribution of community contributions are managed by the Lottery Grants Board and that the increase in the offshore gambling duty (which is proposed to be renamed as the online gambling duty) comes into effect on 1 January 2027. On 28 June 2025, the NZ government enacted an amendment to its racing laws that effectively granted a monopoly on online betting to TAB NZ (which is partnered with Entain for the provision of its wager- ing services to customers in NZ). With effect from the amendment, offshore wagering operators are prohib- ited from providing online betting services to custom- ers located in NZ. From 22 September 2024, in accordance with amend- ments made to the Guidelines for the Classification of Computer Games (the “Guidelines”), computer games containing loot boxes or simulated gambling (includ- ing social casinos) are subject to mandatory classifi- cation requirements. The Guidelines require that computer games: Recent Trends Social gaming
• featuring paid loot boxes and other forms of in- game purchase linked to chance will be subject to a minimum classification of M (Mature – not recom- mended for children under 15 years of age); and • being social casino games and other games con- taining simulated gambling will be subject to an R18+ classification (for adults only). As a result of the new classification requirements, game providers must implement a change to the man- ner in which their products are presented, categorised and advertised. Esports Sports bookmakers licensed in the Northern Territory are permitted to take bets on certain esports official tournaments and/or competitions. However, some states do not permit betting on esports. Esports continues to be an activity that is growing in popularity in Australia, and developments regarding esports betting should be expected with the growth of the esports sector. This was enhanced by the COV- ID-19 pandemic, during which esports gained more prominence because events could continue to be pro- vided, and more operators invested in understanding and providing betting on esports. Australian police have prosecuted individuals for match-fixing offences relating to esports events. Fantasy sports Where recognised as a gambling service, fantasy sports in Australia are usually provided under a sports bookmaker licence in order to be legal and, as such, are regulated under the same provisions as apply to online betting services. Skill gaming The regulatory approach to skill gaming in Australia varies significantly depending on the state or territory in which the offering is made. It is, therefore, important for an operator to review the applicable legislation and the regulator’s policy in each state and territory when considering whether it is legal or permitted to offer skill games.
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