How casinos are regulated

It’s important to note that licensed online casinos must adhere to strict rules and regulations set by their country of jurisdiction, including adhering to minimum gambling age requirements. There has been significant growth in this area with various business models implemented (including ‘membership-style’ businesses) which have been investigated by regulatory authorities and are the subject of litigation in the SA. 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. Despite these efforts, it is understood that Australians continue to transact in high volumes with offshore licensed and unlicensed gambling operators using virtual private networks and similar technologies.
Casino licensees cannot offer online casino games in Australia (it is prohibited under the Interactive Gambling Act, which also prohibits online poker). The regulator responsible for enforcing the Interactive Gambling Act, the ACMA, has consumer protection responsibilities and powers relating to the enforcement of prohibitions on providing or advertising illegal interactive gambling services. The Interactive Gambling Act provides that it is unlawful for overseas-based operators not holding a relevant state or territory licence to advertise or provide online gambling services to Australian residents. Advocates of cashless gaming consider that it will assist in identifying and preventing improper use of poker machines and mitigate gambling harm when coupled with the use of mandatory pre-commitment limits.
With over 80 gaming tables and 1,300 gaming machines, Treasury Brisbane caters to every gaming preference imaginable. The law prohibits unlicensed gaming sites from operating in Australia but doesn’t restrict players from accessing overseas-based gaming sites that hold proper international licensing. While land-based casinos operate under strict Queensland state regulations, online gambling exists within a different legal framework established by Commonwealth legislation. Nestled along the picturesque Brisbane casino shows River, this heritage-listed establishment provides round-the-clock gaming excitement with over 80 gaming tables and 1,300 gaming machines. Across Australia, the age at which you can start to legally gamble on any form of real money betting, including lotteries, bingo halls, sport and race betting, and casino betting, is 18.
By way of example, in Vic, where average revenue per gaming machine is greater than AUS $12,500 per month, the tax rate is 60.67%. State and territory taxes on gaming machine revenue are complicated and vary significantly. State and territory taxation on casinos is determined on a case-by-case basis (typically during negotiations with the relevant state or territory government at the time). Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct (including through advertising). On-course Bookmakers offer substantially the same fixed-odds betting on-course and, subject to approval, also over the telephone and in some instances online. Corporate Bookmakers are licensed to offer fixed-odds betting on racing, sport and other approved events online and over the telephone. In October 2024, the NICC advised that The Star Sydney’s licence would remain suspended until at least March 2025 (with independent supervision also to continue until at least that time) citing that a decision to revoke the licence would have serious economic impacts on staff and connected businesses and stakeholders.
With the exception of virtual/simulated racing (which is generally only offered in retail venues including hotels and clubs), this betting is generally offered at racecourses, retail venues, online and by telephone. Casino licences provide that casinos are only permitted to offer casino games and gaming machines to patrons present within the casino. Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities typically have perpetual licences, which are often administrative in nature and remain on issue, subject to the payment of periodic fees. 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.
Casinos are generally subject to periodic Licence reviews (often every five years). 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. In the case of lotteries, aside from Tas (which operates under renewable five-year permits linked to Victorian and Queensland licences) and WA (where lotteries are owned and operated by the state), the expiry dates are generally shorter than in relation to Retail Wagering; however, they still range between 2024 and 2072. The duration of major operator licences depends upon the legislative framework in the relevant state or territory and is subject to possible change upon a licence renewal or new licence being issued. 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. Casino licences can typically only be applied for through a competitive tender process run by the relevant state or territory. Any applicant for a licence is generally required to undergo a probity assessment to determine whether such applicant is ‘fit and proper’ to be granted a licence.
The introduction of the power for particular regulators to issue penalty infringement notices for certain gambling-related offences as an alternative to commencing court action has been a recent development in this jurisdiction. State and territory licensees are expected to have appropriate controls in place to ensure that they comply with their licence obligations, including relevant laws and any conditions attaching to their licence. Have fines, licence revocations or other sanctions been enforced in your jurisdiction? Legislation prohibits bets being taken by a Corporate Bookmaker on the outcome of a lottery (that is, ‘synthetic lotteries’).
This can be contrasted to the expansion of cashless gaming in Australia for poker machines in response to the identification of concerns related to AML and CTF. Until that time, the potential use of digital currencies had been under consideration in the NT. In addition, a number of Corporate Bookmakers have recently been required by AUSTRAC to appoint independent auditors to assess their AML/CTF compliance, with one subsequently entering into an enforceable undertaking with AUSTRAC. Failure to comply with the AML/CTF Act, including by not maintaining a compliant AML/CTF Program, and not filing TTRs and/or SMRs (or filing them late), can result in large civil penalties and possible criminal exposure. All gambling-related licences issued by a state or territory are subject to strict requirements relating to responsible gambling and harm minimisation.
Casino table gaming and gaming machines, Retail Wagering, lotteries and keno all require an operator licence, which is typically long-dated and is granted by the relevant Australian state or territory. Using these powers, the federal government has enacted legislation regulating, amongst other things, interactive gambling, anti-money laundering and counter-terrorism financing (AML/CTF) and consumer and competition protections (also known as anti-trust matters in some other jurisdictions). AUSTRAC has also recently commenced the first prosecution of a prominent licensed club group for alleged breaches of the AML/CTF Act related to its operation of gaming machines. Hotels and clubs are permitted to provide approved gaming machines in the licensed premises. The number of gaming machines available in each state and territory is strictly regulated.