AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
4.4 Availability of Licences Land-based licences relating to casinos, lotteries and betting are not readily available. The licences for these activities are granted for a long term and may be granted on an exclusive basis. These licences are subject to an onerous and lengthy licensing process, and to the payment of substantial licence fees and taxes. Approvals or permits to provide land-based poker machines in clubs and/or hotels are more readily avail- able; however, there may be restrictions or a cap on the number of poker machines available in the state or territory. It should be noted that poker machines in Western Australia are installed only in the casino. Online licences for sports bookmakers and/or lotteries are also available. The Northern Territory is the leading online gambling licensing authority in Australia, and there is no limit on the number of online licences that may be granted by the Northern Territory regulator. Permits to conduct on-course bookmaking are more generally available. An increasing number of NSW and Victorian on-course bookmakers have also moved online since early 2020. 4.5 Duration of Licences Land-Based The duration of the licences issued for land-based activities varies in each state and territory, but is usu- ally long. The following examples detail the duration of licences that have been granted. • Casino licence ‒ licences have been granted for a term of up to 99 years. Certain licences have been granted on an exclusive basis for a substantial period and/or exclusivity for a certain area of the state or territory – for example, the licence granted in the Australian Capital Territory was issued in 1992 for a term of 99 years, which included a period of exclusivity. • Lottery licence ‒ the licence in NSW expires in 2050, and the South Australian licence expires in 2052. Both are granted on an exclusive basis. • Gaming machine licence ‒ licences for gaming machines are not usually granted for a specified period and are valid until the gaming machine
• South Australia – Consumer and Business Ser- vices; • Tasmania – the Liquor and Gaming Commission; • Victoria – the VGCCC and the Department of Jus- tice and Community Safety; and • Western Australia – the GWA and the Department of Local Government, Sport and Cultural Indus- tries. 4.2 Regulatory Approach The IGA takes a prohibitionist approach regarding the regulation of online gambling in Australia. The IGA is drafted in a manner that prohibits all online gambling in Australia except for those activities that: • are considered regulated interactive gambling services (interactive gambling services that are licensed); or • are not considered to be prohibited interactive gambling services. Generally, the state and territory regulatory authori- ties adopt a more prescriptive and interventionist approach in their legislative scheme in order to mini- mise gambling harm. 4.3 Types of Licences Various B2C licences are issued by states and ter- ritories to conduct online or land-based gambling (as defined in the respective state or territory). A personal licence may be required at the state and territory level. For the installation and repair of gam- ing machines in the land-based market, for example, gaming machine technician licences may be required. Companies may also be required to obtain a B2B licence in the land-based market to offer their ser- vices – for example: • a gaming machine dealer’s/supplier’s licence; • a service technician’s licence; or • a gaming machine testing facility licence. Permits or approvals must be granted by the regula- tory body in most states or territories to operate gam- ing machines in licensed premises.
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