Gaming Legislation In Australia

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Published under the Legislation Revision and Publication Act 2002 1 South Australia. Lottery and Gaming Act 1936. An Act relating to lotteries and gaming. Part 1—Preliminary. 3A Commencement of. Lottery and Gaming Act Amendment Act (No. 4 Interpretation. 4AB Act subject to other Acts authorising gambling. Published under the Legislation Revision and Publication Act 2002 1 South Australia. Gambling Administration Act 2019. An Act to regulate and control gambling activities in the State, to repeal the. Gambling Administration Act 1995. And for other purposes. Part 1—Preliminary. 3 Purpose and objects. Act No: 050 of 1987. Assent Date: 8 Oct 1987. Portfolio: Minister for Racing and Gaming. Agency: Gaming and Wagering Commission of Western Australia. Consolidated Version. The ACT Gambling and Racing Commission legislative authority stems from the Gambling and Racing Control Act 1999. The following list are links to the relevant Gaming Laws and Subordinate Laws that are administered by the Commission. Authorised versions of the ACT Gaming Laws are available from the ACT Legislation Register.

These are the key pieces of legislation that govern how gambling is conducted in Victoria and Australia.

Gambling legislation

Victorian Responsible Gambling Foundation Act 2011

The Victorian Responsible Gambling Foundation Act 2011 provides for the creation of the Victorian Responsible Gambling Foundation.

Victorian Commission for Gambling and Liquor Regulation Act 2011

The Victorian Commission for Gambling and Liquor Regulation Act 2011 provides for the creation of the Victorian Commission for Gambling and Liquor Regulation (VCGLR) to regulate the gambling and liquor industries in Victoria.

Gambling Regulation Act 2003

The Gambling Regulation Act 2003 governs the conduct of gambling activities in Victoria, other than the casino. The objective of the Act is to foster responsible gambling in order to:

(i) minimise harm caused by problem gambling, and
(ii) accommodate those who gamble without harming themselves or others.

Casino Control Act 1991

The Casino Control Act 1991 governs the conduct of gambling activities at casinos in Victoria. To date, Crown Melbourne is the only casino operator approved in Victoria.

Casino (Management Agreement) Act 1993

The Casino (Management Agreement) Act 1993 details the agreement entered into between the State of Victoria and Crown Melbourne, in particular the intended management of the casino.

Gambling regulations

Gambling Regulations 2015

The Gambling Regulations 2015 prescribe detailed regulations on the operation of different forms of gambling, including gaming machines, wagering and betting, trade promotion lotteries, raffles and bingo.

Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014

Australia Gaming Regulations

The Gambling Regulation (Pre-commitment and Loyalty Scheme) Regulations 2014 prescribe matters in relation to pre-commitment and the conduct of loyalty schemes at gaming machine venues, including the casino.

Casino Control (Fees) Regulations 2015

The Casino Control (Fees) Regulations 2015 prescribe the fees to accompany various applications, including an application for a casino special employee licence.

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Other regulatory elements – gaming venues

There are also Ministerial directions, guidelines and orders from the Minister for Gaming and Liquor Regulation that venues must comply with. Included in these are ministerial directions for the creation of responsible gambling codes of conduct and self-exclusion programs.

As part of its powers provided under the Gambling Regulation Act 2003, the Victorian Commission for Gambling and Liquor Regulation has approved VCGLR directions and guidelines that commercial licensees, equipment manufacturers and their associates and nominees must follow.

A list of approved Responsible Gambling Codes of Conduct is available from VCGLR.

In addition, there are specific technical standards the VCGLR has provided to assist in the evaluation of gaming equipment for operation in Victoria.

Online gambling

Interactive Gambling Act 2001

Online gambling is regulated by the Australian government under the Interactive Gambling Act 2001. This Act is regulated by the Department of Infrastructure, Transport, Regional Development and Communications, and prohibits online gambling, with the exception of Australian licensed companies providing race and sports betting services, and supplying lottery tickets.

Gambling advertising

Gambling advertisements during live sport

Gambling advertising during the broadcast of live sport in Australia is covered by a number of rules approved by the Australian Communications and Media Authority (ACMA).

These Codes of Practice prohibit gambling advertisements being shown during the broadcast of live sport on free TV, pay TV and radio. The ban applies from five minutes before the live sports event commences, during the event and for five minutes after the event has concluded. The ban applies between 5 am and 8.30 pm. After 8.30 pm, gambling advertisements can be shown but the promotion of live odds remains prohibited. Advertisements for racing and lotteries are exempt from these restrictions.

Legislation

Gaming Legislation In Australia New Zealand

ACMA is also responsible for prohibiting gambling advertisements during the online streaming of live sport.

Gaming Legislation In Australia South Africa

The Broadcasting Services (Online Content Service Provider Rules) 2018 prohibits gambling advertising during live sport that is streamed online between 5 am and 8.30 pm. These rules bring online services in line with television and radio broadcasting services and create a safe zone for children and families to watch live sport across a variety of platforms.

Content of gambling advertisements

Regulations

The Australian Association of National Advertisers (AANA) has a self-regulatory communication code (the AANA Wagering Advertising and Marketing Communications Code) on wagering advertising and marketing that covers Australian licensed wagering operators, such as TABs and online bookmakers.

ACMA approves the codes while complaints about breaches of the code are determined by the Ad Standards Community Panel which forms part of the self-regulatory structure.

Static betting advertisements

In Victoria, betting advertisements are banned on roads, public transport, and within 150 metres of schools. These laws apply to all static betting advertising, including outdoor billboards, on public transport, roads and associated infrastructure such as stations, bridges, noise walls and embankments. These betting advertising bans are enforced under section 4.7.1 of the Gambling Regulation Act 2003.

Gaming law

Liquor & Gaming NSW is responsible for the implementation of government policies designed to balance sustainable business development with the need to reduce harms associated with problem gambling.

Fantasy hockey for money. In the gaming area, L&GNSW is responsible for:

  • advising in relation to the development and implementation of government policy
  • ensuring compliance
  • monitoring revenue collected from gaming activity
  • overseeing technical standards for gaming machines

Best online sports betting sites. The Office of Responsible Gambling and Responsible Gambling Fund Trust is responsible for administering the Responsible Gambling Fund, which funds services for problem gamblers.

Wagering law

Wagering is regulated in NSW under the Betting and Racing Act 1998 and the Totalizator Act 1997, which prescribe:

  • who may offer betting services
  • the events on which betting is permitted
  • requirements that betting service providers must comply with.

Liquor & Gaming NSW Telephone, Electronic and Declared Betting Event authorities

The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses (on-course) or other approved premises (off-course) approved by the relevant racing controlling body, Racing NSW, Harness Racing or Greyhound Welfare Integrity Commission.

An application for these authorities must be made to both the Racing Controlling Body AND the Minister (Liquor & Gaming NSW).

Application process

Regulations

Gaming Legislation In Australia New Zealand

ACMA is also responsible for prohibiting gambling advertisements during the online streaming of live sport.

Gaming Legislation In Australia South Africa

The Broadcasting Services (Online Content Service Provider Rules) 2018 prohibits gambling advertising during live sport that is streamed online between 5 am and 8.30 pm. These rules bring online services in line with television and radio broadcasting services and create a safe zone for children and families to watch live sport across a variety of platforms.

Content of gambling advertisements

The Australian Association of National Advertisers (AANA) has a self-regulatory communication code (the AANA Wagering Advertising and Marketing Communications Code) on wagering advertising and marketing that covers Australian licensed wagering operators, such as TABs and online bookmakers.

ACMA approves the codes while complaints about breaches of the code are determined by the Ad Standards Community Panel which forms part of the self-regulatory structure.

Static betting advertisements

In Victoria, betting advertisements are banned on roads, public transport, and within 150 metres of schools. These laws apply to all static betting advertising, including outdoor billboards, on public transport, roads and associated infrastructure such as stations, bridges, noise walls and embankments. These betting advertising bans are enforced under section 4.7.1 of the Gambling Regulation Act 2003.

Gaming law

Liquor & Gaming NSW is responsible for the implementation of government policies designed to balance sustainable business development with the need to reduce harms associated with problem gambling.

Fantasy hockey for money. In the gaming area, L&GNSW is responsible for:

  • advising in relation to the development and implementation of government policy
  • ensuring compliance
  • monitoring revenue collected from gaming activity
  • overseeing technical standards for gaming machines

Best online sports betting sites. The Office of Responsible Gambling and Responsible Gambling Fund Trust is responsible for administering the Responsible Gambling Fund, which funds services for problem gamblers.

Wagering law

Wagering is regulated in NSW under the Betting and Racing Act 1998 and the Totalizator Act 1997, which prescribe:

  • who may offer betting services
  • the events on which betting is permitted
  • requirements that betting service providers must comply with.

Liquor & Gaming NSW Telephone, Electronic and Declared Betting Event authorities

The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses (on-course) or other approved premises (off-course) approved by the relevant racing controlling body, Racing NSW, Harness Racing or Greyhound Welfare Integrity Commission.

An application for these authorities must be made to both the Racing Controlling Body AND the Minister (Liquor & Gaming NSW).

Application process

In conjunction with any application to your controlling body, an application can be made in the form of an email to the Liquor & Gaming Revenue Assurance and Integrity Unit, requesting authority to conduct telephone, electronic and/or declared events betting under the Act. Your application should be addressed to the Manager Compliance, Revenue Assurance and Integrity Unit, and contain:

  • Name
  • Address
  • Confirmation of your status as a licensed bookmaker
  • Racing controlling body who has licensed you as a bookmaker
  • What authorities you are applying for
  • Any additional information you see necessary

In support of your application you are also required to provide the following information (if applicable) in the form of a Statutory Declaration:

  • The location you wish to conduct Telephone, Electronic and/or Declared Events Betting;
  • Whether the approved office or premise is open, or available for use by, the public or a section of the public;
  • Which electronic betting system will be used to facilitate betting in the on-course office or approved premises;
  • Which telephone betting system will be used to facilitate betting in the on-course office or approved premises;
  • Whether you will have a staff member in attendance at all relevant times, to determine and process any bet;
  • Whether a website and/or an application will be used to facilitate electronic betting;
  • If a website and/or application will be used to facilitate electronic betting, please provide the details of the name and web address;
  • Whether the website and/or application will contain a privacy policy and code of practice and if so, could this please be provided;
  • Whether the website and/or application will clearly publish guidelines regarding cancellation of bets and how that process will be managed and if so, could this please be provided;
  • Whether the website and/or application will provide for the promotion of responsible wagering;
  • What guarantees do you have with the NSW Bookmakers Co-operative; and
  • Address any issues that might adversely affect your application or raise questions regarding integrity.

It is noted that L&GNSW may request further information throughout this process and will liaise with the relevant controlling body regarding the application. Best odds on craps table.

Any betting authority issued will be subject to, but not limited to the:

  • Betting and Racing Act 1998
  • Totalizator Act 1997
  • Betting and Racing Regulations 2012
  • The Minister's NSW Bookmaker Telephone and Electronic Betting Conditions and any further conditions imposed under 16(5) of the Act
  • Any rules or conditions imposed for Declared Events Betting under Division 2 & 2A of the Act
  • Any rules and conditions imposed by the relevant controlling body

Please note, the approvals of these authorities do not pertain to the approval of laying totalizator odds or dealing in totalizator tickets off a licensed racecourse (whether or not it is from an approved premise) and is an offence under section 88 of the Totalizator Act 1997. There is no exception to section 88 of the Totalizator Act 1997.

The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses or other approved premises.

The Minister for Better Regulation and Innovation can declare sports and other events as betting events in NSW. Declared events are listed in the: Schedule of Declared Betting Events and Approved Forms of Betting PDF, 274.62 KB.

This schedule forms part of the Bookmaker Declared Betting Events Betting Rules PDF, 149.52 KB.

The Betting Glossary of Terms PDF, 13.85 KB defines the various form of betting available.

Gaming Legislation In Australia Immigration

In December 2015, changes were made to the application process and requirements for new declared betting events and bet types. For further information on these reforms, please see Sports wagering in NSW

Gaming Legislation In South Australia

Relevant Acts

Gaming Legislation In Australia

Visit Legislation NSW for all Acts and Regulations.





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