Gambling Laws and Regulations Report 2026 Australia

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There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates). The Australian Constitution provides the federal government with powers to regulate and govern, among other things, telecommunications, money and trade amongst the states and territories. There is no single overarching statute regulating gambling activities in Australia, nor is there a single overarching gambling authority. If games are not entirely skill-based (that is, there is an element of chance), then they will be subject to the relevant gaming laws.
It is, therefore, important for an operator to review the applicable legislation and the regulator’s policy in each state and territory when considering whether it is legal or permitted to offer skill games. Amendments were introduced in NZ in 2024 to include a requirement for offshore online gambling operators providing online gambling services (ie, online casino-type games) to customers located in NZ to pay an offshore gambling duty. These include harm minimisation and consumer protection, advertising and fees. Subject to the parliamentary process, the NZ Online Casino Bill is anticipated to come into effect on 1 May 2026, while the online casino licences will be issued with effect from 1 December 2026. The NZ government announced in July 2024 that it proposed to introduce laws that will result in the licensing of online casino operators to provide services to customers in NZ. Scheduled to conclude in November 2025, this trial represents the initial stage of a broader roll-out of carded play on gaming machines across Victoria. Since September 2025, Victoria has been trialling mandatory account-based play in 43 venues with gaming machines across Monash, Greater Dandenong and Ballarat.
He is one of Australia’s most experienced lawyers specialising in gambling law and regulation, and is ranked by Chambers and Partners (Global and Asia-Pacific) as a leading expert in gambling and gaming. 5.1 What (if any) intended changes to the gambling law/regulations are being discussed currently? In a land-based context, the Victorian regulator has been particularly active in targeting underage gambling in pubs and clubs in particular – a practice that is illegal in all Australian jurisdictions. Recently, the ACMA has also taken the step of warning social media influencers about the risks and potential penalties involved with them promoting illegal gambling websites and apps.
Online scratch lotteries and any other pokies online australia real money instant lotteries are specifically excluded from the definition of “excluded lottery service” and are, therefore, prohibited under the IGA. Under the IGA, a lottery will be considered an “excluded lottery service” if it is a service for the conducting of a lottery or a service for the supply of lottery tickets. The authorities, however, view online bingo as being prohibited under the IGA, and as unable to be provided legally to persons present in Australia. Accordingly, online betting may be provided legally under the IGA as a “regulated interactive gambling service” when offered by an operator that holds a licence granted by an Australian state or territory. The use of blockchain technology in gambling is not permitted in Australia, and the use of cryptocurrency or any other digital currency was prohibited with effect from 11 June 2024.
Prior to joining Senet, Alexander was part of the Solicitors Assisting the Royal Commission into the Management of Police Informants (Lawyer X), where he worked under intense pressure on a range of intricate legal and procedural issues. His strategic insight and depth of legal knowledge contribute to delivering clear, effective solutions to clients operating in highly regulated environments. She began her legal career at MinterEllison, advising Australian and international wagering operators on complex regulatory and commercial matters. He is an experienced Australian lawyer and trusted adviser, specialising in gambling law and regulation.
Although state and territory-based gambling regulators have historically shown a willingness to work cooperatively with licensees in relation to possible breaches of local laws (as a general comment, our observation is that regulator tolerance for non-compliance is reducing). The Interactive Gambling Act contains restrictions that apply to Retail Wagering Licensees, Corporate Bookmakers and On-course Bookmakers in relation to live (or ‘in the run’) betting on sport. Casino licensees cannot offer online casino games in Australia (it is prohibited under the Interactive Gambling Act, which also prohibits online poker). The use of cryptocurrency for online wagering was recently prohibited following amendments to the Interactive Gambling Act. The NSER, which operates under the name ‘BetStop’, commenced operations in August 2023. The state and/or territory taxes that apply to gambling products depend upon the relevant licence under which the product is being offered, the type of product and also the jurisdiction in which the product is offered.
The processes are generally quite extensive, and it can sometimes take up to 12 months or longer for state and territory gambling regulators to complete in relation to new applicants seeking major licences. Such licences often require the licensee to comply with complex national standards, as adopted by the relevant state or territory. Retail Wagering is offered by state and territory-based totalisator agency boards (TABs) pursuant to sole licences in the relevant state or territory, thereby providing them with a form of ‘retail exclusivity’.
Gaming machine permits/licences have typically been perpetual in Australia, other than in certain states such as Vic, which operate for 20 years from August 2022 onwards. Various states (including NSW and Vic) have implemented harm minimisation measures to cap the number of gaming machine permits/licences on issue in certain lower socio-economic areas. The number of gaming machines available in each state and territory is strictly regulated. An application for a Corporate Bookmaker Licence issued in the NT, or an application for an On-course Bookmaker Licence, typically takes between three and six months for approval and can be made at any time.
However, the NZ government has recently announced plans to increase the gambling duty to 16%, with the additional 4% to be directed towards community contributions. On 19 August 2025, the VGCCC announced that it had formally censured Crown Melbourne for breaching mandatory pre-commitment rules on its poker machines. As of June 2025, 30,032 people had active exclusions under the BetStop scheme and, as this number grows, the ACMA has been engaged in investigations relating to potential breaches.