AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
2.2 Land-Based Gambling Land-based gambling is regulated at the state and territory level. Unlike online gambling, there is no leg- islation regulating land-based gambling specifically at the federal level. It should be noted that certain federal laws are applicable; for example, the AML/CTF Laws. Each state and territory has specific legislation for the regulation of land-based gambling. Betting Land-based betting can be provided on-course by licensed bookmakers in all Australian states and ter- ritories (some of these bookmakers also provide ser- vices online or over the telephone). In each state and territory, licensed entities can con- duct off-course betting. However, a subsidiary of Tab- corp Holdings Ltd (a company listed on the Austral- ian Securities Exchange) holds the off-course betting licence in all states and territories, except for West- ern Australia. The licensee is also granted a statutory monopoly to conduct totalisator betting. In Western Australia, the licence is held by a government entity. Poker Licensed casinos can conduct land-based poker. Poker may also be played in hotels and clubs, pro- vided that no third party collects a share or percentage from the amounts paid by the players to participate in the poker game. Bingo Land-based bingo games are treated differently under the laws of each state and territory. Generally, a licence will not be required if the prize is below a threshold established in the applicable legislation. Casinos Casino games are offered in land-based casinos under the licence(s) issued in each state and territory. The games that may be offered under a casino licence are table games (including poker) and gaming machines. Gaming Machines Gaming machines that offer slots games – known as poker machines in Australia – are permitted in land- based casinos licensed in each state and territory. Slots are also permitted in clubs and hotels in all
states and territories (except Western Australia) under the relevant legislation. Lotteries Land-based lotteries can be conducted in Australia under a licence issued by each state and territory. An exclusive licence is granted in each state and ter- ritory to conduct a lottery. The Lottery Corporation Limited (a company listed on the Australian Securities Exchange), through its subsidiaries, holds the lottery licence in each state and territory, except for Western Australia. Lottery tickets are available for purchase through newsagents and convenience stores, as well as online. The following list of Australian gambling legislation at various levels is not exhaustive. Various rules, guide- lines, directions, orders and standards that are issued by the regulator and/or the responsible minister also apply to the gambling sector and must be complied with. Federal The following laws apply at the federal level: • IGA; • Interactive Gambling Regulations 2019; • Interactive Gambling (National Self-exclusion Reg- ister) Register Rules 2022; • AML/CTF Act; and • Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No 1). New South Wales 3. Legislative Framework 3.1 Key Legislation
The following laws apply in NSW: • Betting and Racing Act 1998; • Betting and Racing Regulation 2022; • Betting Tax Act 2001; • Casino Control Act 1992; • Casino Control Regulation 2019; • Community Gaming Act 2018; • Community Gaming Regulation 2020; • Gambling (Two-Up) Act 1998;
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