AUSTRALIA Trends and Developments Contributed by: Julian Hoskins, Daniel Lovecek, Bree Ryan and Alexander Norrish, Senet
Despite these efforts, there remain concerns with the extent of participation by Australians in offshore online wagering and casino gambling through the use of vir- tual private networks (VPNs) and other technology. This is behind some industry calls to regulate online poker and online in-play betting, for example. The ACMA’s findings from investigations into online wagering operators have also seen the adoption of strict enforcement measures when a breach of the Spam Act has been identified. The Spam Act regu- lates the sending of commercial electronic messages. The close of the 2024–25 financial year saw various major wagering service providers, like Tabcorp and PointsBet, receive penalties reaching AUD4 million for unlawful marketing messages issued to VIP customers through commercial electronic messaging services, such as SMS and WhatsApp. When issuing person- alised and direct marketing materials such as bonus bets, deposit matching and complementary tickets to sporting events to VIP customers, the ACMA com- monly found that wagering service providers failed to provide adequate sender information, failed to provide a functional unsubscribe option and failed to obtain recipients consent before issuing marketing materials. The ACMA’s position is that operators must implement robust systems that respect self-exclusion decisions and ensure responsible messaging in order to mini- Each Australian state and the Australian Capital Ter- ritory have implemented a point of consumption tax (POCT) regime. This creates a tax on wagering opera- tors based on the customer’s location rather than the operator’s place of licence. Current POCT rates range between 15% and 25% of “net wagering revenue”. While the exact calculation requirements vary across jurisdictions, “net wagering revenue” is generally understood as the total value of bets received minus the total amount paid out in winnings. POCT audits are currently underway in Victoria, South Australia and New South Wales. In its July–Decem- ber 2025 Regulatory Priorities, Liquor & Gaming NSW mise gambling harm. POCT Audit Update
stated that it will continue to conduct proactive rev- enue audits to ensure online wagering operators are meeting their POCT obligations. Common issues iden- tified in these audits include the incorrect treatment of free bets, misapplication of goods and services tax, inadequate record retention from archived systems and errors in the treatment of “bet backs” (where a bookmaker places a bet with another bookmaker to offset potential liability). These audits are typically detailed and resource-intensive, requiring operators to provide extensive records and substantiate their tax calculations. Cashless Gaming Trials and Implementation Update Cashless gaming trials concluded in New South Wales in September 2024. The trial findings noted only 14 “genuine and active users” (those who engaged with the technology for at least two days). The Independent Panel on Gaming Reform delivered its Roadmap for Gaming Reform to the government in November 2024, recommending the implementation of a mandatory, statewide, account-based system by 2028. The roadmap highlighted the importance of a con- sumer-centric, seamless sign-up process to ensure wider adoption and noted the need for further assess- ment of the financial, employment and social impacts on the industry. No further meaningful cashless gam- ing reforms in the state are anticipated during 2026. In Victoria, trials of mandatory carded play are under- way in a limited number of regions outside casinos, where such technology has already been mandated for electronic gaming machines for a number of years. There has been some criticism from anti-gambling advocates of both the extent of the trial (eg, that the mandatory pre-commitment to loss limits has not been incorporated) and the absence of a clear time- line for a broader roll-out of the requirements. The outcomes of these trials will be closely monitored by industry, government and other stakeholders, and are likely to influence whether similar technology is man- dated in other states and territories.
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