AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
Tasmania The following laws apply in Tasmania: • Gaming Control Act 1993; • Gaming Control Regulations 2014; • Gaming Control Amendment (Gaming Operator) Regulations 2023; • TT Line Gaming Act 1993; • TT Line Gaming Regulations 2014; and • Responsible Gambling Code of Practice for Tasma- nia. 3.2 Definition of Gambling As explained in 2.1 Online Gambling , only online gam- bling is defined at the federal level, under the IGA. The laws of the Australian states and territories broadly define the term “gambling” to capture land-based and online gambling that has a connection with the relevant state or territory. In some cases, skill-based games are treated as gambling. 3.3 Definition of Land-Based Gambling It is necessary to refer to the relevant legislation in each state and territory for a definition of land-based gambling. Legislation in various Australian states and territories makes reference to an “unlawful game”, rather than specifically defining “gambling”. 3.4 Definition of Online Gambling Section 4 of the IGA defines a “gambling service” as a service: • for the placing, making, receiving or acceptance of bets; • the sole or dominant purpose of which is to intro- duce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; • for the conduct of a lottery; • for the supply of lottery tickets; • for the conduct of a game, where the game is played for money or anything else of value, the game is a game of chance or of mixed chance and skill, and a customer of the service gives ‒ or agrees to give – consideration to play or enter the game; or
• that is not covered by any of the foregoing but is understood to be a gambling service within the ordinary meaning of that expression. 3.5 Key Offences The key offences vary from one jurisdiction to another. However, generally, key offences comprise the con- duct, offering, provision and/or facilitation of unlawful gambling services or prohibited gambling services. 3.6 Penalties for Unlawful Gambling Penalties that apply in respect of the conduct, offer- ing, provision and/or facilitation of the provision of unlawful gambling or prohibited gambling services vary between Australian jurisdictions. The penalties for a contravention of the IGA are sub- stantial. For example, the following penalties apply under the IGA for a breach of Section 15 (prohibited interactive gambling services not to be provided to customers in Australia): • criminal offence – for an individual, up to AUD1.65 million per day, and up to five times that for a cor- poration (ie, AUD8.35 million per day); and • civil offence – for an individual, up to AUD2.475 million per day, and up to five times that for a cor- poration (ie, AUD12.375 million per day). 4. Licensing and Regulatory Framework 4.1 Regulatory Authority The key regulatory bodies responsible for supervising gambling in Australia are: • Australia (ie, the federal regulator) – the ACMA and AUSTRAC; • Australian Capital Territory – the Australian Capital Territory Gambling and Racing Commission; • NSW – the Liquor & Gaming NSW (LGNSW), the Independent Liquor & Gaming Authority and the NICC; • Northern Territory – the NTRWC and Licensing NT; • Queensland – the Office of Liquor and Gaming Regulation;
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