AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
The different approaches adopted to skill gaming make it difficult for an operator to offer skill games throughout Australia, and an in-depth understanding of the regulatory framework is required prior to mak- ing skill games available. In some states or territories, online games of skill are prohibited, which may be a reason why operators are hesitant to make their skill
of a lottery or a service for the supply of lottery tickets. Accordingly, online lotteries may be conducted legally as a “regulated interactive gambling service” when offered by an operator that holds a licence granted by an Australian state or territory. Online scratch lotteries and any other online instant lotteries are specifically excluded from the definition of “excluded lottery service” and are, therefore, pro- hibited under the IGA. The federal government released an Issues Paper in July 2024 to seek feedback to assist the government in understanding the impact of keno-type lotteries and foreign-matched lottery products and their gambling harm risks. Fantasy Sports Fantasy sports are treated as a betting activity under Australian law. Social Gaming A game constitutes a gambling service if the following three elements are present: • prize element – the game is played for money or anything else of value; • chance element – the game is a game of chance or mixed chance and skill; and • consideration element – a customer of the service pays, or agrees to pay, to play or enter the game. Generally, the prize element and/or consideration ele- ment will not be present in a social game. In such circumstances, social games would not constitute a gambling service under the IGA and would not require a licence to be offered. Classification requirements were introduced on 22 September 2024 in relation to computer games and social games containing gambling-like content (see 1.1 Current Outlook and Recent Changes ). Poker Under the IGA, poker is considered a gambling service and is prohibited. It cannot be offered legally online to persons physically present in Australia.
games available in Australia. Blockchain or cryptocurrency
The use of blockchain technology in gambling is not permitted in Australia, and the use of cryptocurrency or any other digital currency was prohibited with effect from 11 June 2024.
2. Jurisdictional Overview 2.1 Online Gambling
Online gambling is regulated at the federal level in Australia under the Interactive Gambling Act 2001 (IGA). However, in accordance with the principles established in the IGA, Australian states and territories separately regulate online gambling in their respective jurisdictions under the relevant legislation. Betting Under the IGA, betting is considered to be an “exclud- ed wagering service”. Accordingly, online betting may be provided legally under the IGA as a “regulated inter- active gambling service” when offered by an operator that holds a licence granted by an Australian state or territory. Bingo The treatment of online bingo games is unclear under the IGA. The authorities, however, view online bingo as being prohibited under the IGA, and as unable to be provided legally to persons present in Australia. Casinos The offering of online casinos is prohibited under the IGA and cannot be offered legally to persons physi- cally present in Australia. Lotteries Under the IGA, a lottery will be considered an “exclud- ed lottery service” if it is a service for the conducting
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