Online Gambling Laws in Australia

Australia is a pretty big place; as such, there is some variation in the law regarding land-based betting activities, such as at the many TAB outlets and casinos around the country, depending on the region. However, there is no such ambiguity regarding online gambling in Australia's regulation, with the Interactive Gambling Act 2001 clarifying what is and isn't permitted in the country. Read on for a full rundown.

Gambling Regulation by Casino Type

Generally speaking, while each of Australia's six states and ten territories determines its stance on land-based gambling activities via its own regulatory body regarding online gambling, the Australian government legislates for the country as a whole.

The main legislation covering online gambling in general across all the regions of Australia is the Interactive Gambling Act 2001. The Act does a pretty good job of specifying what it is. It isn't legal in terms of online gambling in Australia, with the word 'interactive' being one of the most defining terms for categorizing the various forms of gambling.

Casino Games

Each of the 16 regions of Australia has at least one land-based casino, though the contents of these can vary from one region to the next, depending on their local laws. For example, some states do not permit slots (aka pokies) at their casinos, while other locations allow them but with restrictions on how much can be played and won. In some regions, slots are available to play in clubs and bars.

Online casino gaming is a different story in Australia, with the activity strictly banned in all forms. The ban covers online casino slots, table games and live dealer games, with the Australian government going to great lengths to prevent players from accessing these online casino games. However, many players continue to join the best online gambling sites outside the country.

Poker

Australia's gambling laws also extend to poker, which is uncommon in the country. At present, only a few regions in Australia allow poker machines, and even then, they are restricted to certain locations and heavily regulated.

Australian online gambling regulation as it pertains to online poker, as defined in the country's Interactive Gambling Act of 2001, strictly prohibits the activity as it is classed as interactive gambling. As such, players often join one of the many offshore online casinos to enjoy online poker.

Bingo

Bingo is another tale of two halves, with land-based bingo games permitted in the country as long as they are small and for charitable purposes. No licence is required if the activity proceeds are below a certain threshold. In the case of larger operations, such as bingo centres, a licence is needed.

Online bingo is another activity classed as interactive gambling and, therefore, prohibited under the Interactive Gambling Act 2001. Various offshore bingo online casinos accept Australian players, but the Australian government assigns many resources to penalize such operators.

Lotteries

Australians can legally buy tickets for the various lottery games that run in the country, including the Powerball, Oz Lotto, Set For Life and the Monday, Wednesday and Saturday Lotto draws. While buying tickets online for these draws via the operator's website is legal, all other forms of lottery gameplay are illegal in the country. Australian gambling laws also prohibit online betting on the outcome of any lotteries.

In addition, any instant win lottery tickets, such as scratch cards (aka scratchies), whether online or offline, are illegal since they are again classed as interactive as defined by the Interactive Gambling Act 2001.

Social Casinos and Crypto Casinos

Betting on the outcomes of the various global esports or Daily Fantasy Sports is legal in Australia if the activity is done through a licensed sportsbook, whether online or via one of the country's many Totalisator Agency Board (TAB) outlets.

Australia Sports Betting Laws

Sports betting is one of the few activities permitted under Australian law, but even this includes some restrictions. Punters can place a bet on a sports event or a horse race to visit their local Totalisator Agency Board (TAB) outlet, of which there are almost 4,500 nationwide. Both fixed odds and pari-mutuel betting are available in sports and horse racing. In addition, numerous licensed on-course bookies are available for horse racing betting.

Similarly, Australians can easily bet on sports or horse racing events through the TAB official website or one of the 53 or so Australian licensed online sportsbooks. However, these sites cannot offer players any welcome bonuses or no deposit bonuses on signup.

The one restriction Australians face regarding sports betting is that in-play or live betting is prohibited. This is perhaps one of the most contentious issues regarding Australian gambling laws, with many online sportsbooks continuing to protest against the restriction.

Gambling Age Restriction

As in many other parts of the world, entry to casinos and the ability to play slots (pokies) and bet on sports and horse racing is restricted to those aged 18 or over.

Tax Regulation

Australian gambling tax regulation laws are pretty cut and dried, with players not required to pay tax on their winnings. It's a different story for operators, though.

Various regions in Australia have introduced a Point of Consumption Tax (POCT) to ensure offshore operators pay their fair share of taxes. The current POCT ranges from 10-15%, depending on the region. Still, many say this unfairly penalizes legitimate domestic operations such as the TAB outlets, which must pay 19.1%, and venues operating poker machines, which must pay a whopping 65% tax. Some regions have committed to making the tax the same across the board.

History of Gambling Laws in Australia

Australia's history of gambling legislation doesn't date back very far compared to other countries. George Julius invented the first automatic totalisator in the world in 1913 in Australia, explaining the country's love of pari-mutuel betting. Just three years later, Golden Casket, Australia's official lottery provider, launched and held its first lottery in Queensland.

In 1956, Ainsworth introduced their Clubman poker machine, with New South Wales approving pokies in pubs and clubs the same year. The first land-based casino, the Wrest Point Hotel Casino in Hobart, Tasmania, was opened in 1973.

Twenty years after New South Wales approved pokies, in 1976, the Australian Capital Territory did the same, with Victoria (1991), Queensland (1991), South Australia (1992), Tasmania (1997) and Northern Territory (1998) all following suit.

The first TAB outlet was opened in Victoria in 1985, with interactive sports betting legalized in the Northern Territory in 1996. The Interactive Gambling Act was passed in 2001, with two amendments since its inception. The first was in 2017 to prevent offshore gambling operators from taking bets from Australians. The second was in 2019 to bring BetStop, the National Self-Exclusion Register (not yet launched).

Key Facts

Australia's online gambling laws are pretty clear. The only permitted forms of online gambling in the country are sports betting via TAB's website or Australian-licensed online sportsbooks, including horse racing, daily fantasy sports and esports betting.

All other forms of online gambling are illegal, including slots (pokies), table games, live dealer games, online bingo, betting on lotteries, in-play (life) sports betting and sports betting offered at unlicensed sites.