AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
5. Land-Based Gambling 5.1 Premises Licensing
arrangement with an affiliate satisfies these require- ments, prior approval is required from the NTRWC. 6.4 White Labels Generally, white-label providers are not required to be licensed; however, agreements between bookmakers and white-label providers will need to be approved by the NTRWC if they meet the requirements set out in 6.3 Affiliates . 6.5 Technical Measures Australian ISPs are required to block illegal offshore gambling websites notified by the ACMA. The ACMA has been active in using this measure. Since its implementation in November 2019, the ACMA has requested that more than 1,000 websites (including of affiliates) be blocked. A list of all these websites is available on the ACMA’s website. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements Responsible gambling requirements that apply to land-based gambling operators vary depending on the type of licence held by the operator, and on the state and/or territory in which the operator is licensed. Generally, a gambling service provider will be required to display certain responsible gambling messages and warnings in designated areas, and to provide custom- ers with: • an option to self-exclude from the gambling ser- vices provided by an operator; • options for imposing voluntary pre-commitment limits; and • information about responsible gambling support services. In South Australia, there is a requirement that ven- ues operating more than 30 gaming machines must have facial recognition technology to identify problem gamblers. Inquiries into the operations of land-based casinos also resulted in the introduction of responsi- ble gambling measures in casinos, and in hotels and clubs that provide gaming machines.
The licensing requirements relating to premises vary depending on the form of land-based gambling, and on the state or territory. For casinos, most states and territories will include the location of the casino and any conditions relating to the premises in the casino licence conditions. Clubs and hotels may, under their respective licenc- es, operate gaming machines; however, the gaming machines must be approved in order for them to be operated in the premises. B2C operators may be licensed in Australia to offer a regulated interactive gambling service (ie, lotteries and betting). A licence that is issued in any state or territory in Australia enables the licensee to provide the licensed services throughout Australia without the requirement to obtain a licence from any other state or territory. 6.2 B2B Licences (Suppliers, Software, Etc) B2B providers will not generally require a licence to offer their services to Australian operators. The B2B provider’s systems may, however, be subject to review or approval processes as a condition of the licence granted to the B2C operator that uses their system. Affiliate services and white-label operators are likely to require approval by the NTRWC to provide services to bookmakers and/or betting exchanges licensed in the Northern Territory (see 6.3 Affiliates and 6.4 White Labels ). 6.3 Affiliates A licensed bookmaker or betting exchange must request the NTRWC’s prior approval for any partner- ships entered into where the licensed operator pro- vides compensation to the other party for the referral of customers to the licensed activities of the licensed bookmaker or betting exchange. Therefore, if the 6. Online Gambling 6.1 B2C Licences
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