Gaming Law 2025 Australia Global Practice Guides Chambers and Partners

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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’. Each state and territory has a relevant payid deposit casino australia Control Act (or similar legislation) under which casino licences have been issued. Similarly, a skill game with no element of chance is also not considered gambling and does not require any licence, unless it is operated online and falls within certain ‘interactive gaming’ regimes regulated by state and territory gambling regulators.
In some states or territories, online games of skill are prohibited, which may be a reason why operators are hesitant to make their skill games available in Australia. The different approaches adopted to skill gaming make it difficult for an operator to offer skill games throughout Australia, and an in-depth understanding of the regulatory framework is required prior to making skill games available. Where recognised as a gambling service, fantasy sports in Australia are usually provided under a sports bookmaker licence in order to be legal and, as such, are regulated under the same provisions as apply to online betting services. This was enhanced by the COVID-19 pandemic, during which esports gained more prominence because events could continue to be provided, and more operators invested in understanding and providing betting on esports. Esports continues to be an activity that is growing in popularity in Australia, and developments regarding esports betting should be expected with the growth of the esports sector. 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. The three-stage licence process outlined in the foregoing will only commence after the NZ Online Casino Bill and the regulations are enacted.
Senet is a multidisciplinary Australian firm specialising in gambling and gaming law, regulatory compliance, and business advisory services. It is expected that there will be a continued focus on cashless gaming in pubs and clubs throughout 2026, with other related reforms to follow. It is important to note that New South Wales previously conducted two regulatory sandbox trials in 2022 and 2023 and subsequently established an independent panel to oversee a larger trial in 2024. The report recommended some significant reforms to online wagering regulation in particular, including among other recommendations, a phased ban on online gambling advertising within three years and a ban on inducements to gamble. We note with interest that the Regulatory Impact Statement recognises that consumers have a wide range of grey market providers that they may choose to gamble with and, implicitly, that while consumer protection must remain at the fore of policy, if the regulatory settings are not right then consumers may continue to choose this option. Full licensing of up to 15 licensees is expected in 2027 following the conclusion of probity review and auction processes.
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. The use of digital currencies (including cryptocurrency) for gambling purposes is not common in the jurisdiction and, in the case of online wagering and betting, was expressly prohibited following amendments to the Interactive Gambling Act in 2024. The NSER, which operates under the name ‘BetStop’, commenced operations in August 2023.
Historically, casino and gaming surveillance functions have failed to provide persuasive deterrence or real-time insight into emerging risks. Declaring 500 audits completed may sound impressive, but if those audits revolve around checking machine stickers or administrative compliance, we are simply measuring activity, not outcomes. Probity checks based on legacy fears no longer serve today’s risk landscape.
For players seeking trustworthy experiences, looking for operators affiliated with credible, winz licensed casino licenses remains a prudent step in navigating this dynamic sector. With safer, more transparent operations at the forefront, reputable licenses from authority bodies are vital for both industry sustainability and consumer confidence. As this sector expands, jurisdictions such as New South Wales and the broader national landscape have placed increasing emphasis on licensing and regulation to protect players and ensure fair, transparent operations. Australian federal law prohibits online casino operators from offering services to consumers within Australia, unless they have obtained the necessary licenses and comply with all relevant regulations. This includes support for joint ventures, shareholder agreements, due diligence for investors, software agreements, e-commerce contracts, security arrangements and privacy considerations. The firm also assists in matters related to responsible gambling, social gaming products, virtual currencies and advertising compliance.
Bingo is often regarded as minor gaming and may be conducted for fundraising or charitable purposes, typically by a community or other not-for-profit organisation. There are also various subordinate legislative instruments, including regulations, which have not been included. The ACMA has taken a number of high-profile enforcement actions against wagering operators for non-compliance with the BetStop requirements, which have included significant financial penalties and requiring entry into enforceable undertakings. The review examines the effectiveness of the regulatory framework, the appropriateness of cost recovery levies (which are industry-funded) and whether the current arrangements remain fit for purpose. The Act and Rules now provide for simplified due diligence in certain low-risk circumstances, while ongoing due diligence and enhanced due diligence requirements also apply. Large-scale remediation programmes remain in-flight for the largest Australian-licensed casino operators, including under government-mandated supervision arrangements in some cases. AUSTRAC has remained active in its review and enforcement of gambling operators.
A state or territory licence is typically required to operate a bingo centre in the relevant jurisdiction. In relation to hotels and clubs, a venue requires both a gaming venue licence and also a permit/licence for each gaming machine a venue operates. Corporate Bookmakers offer fixed-odds betting online and over the telephone on sport, racing and other approved events, whereas On-course Bookmakers offer fixed-odds betting on-course and, subject to approval, also over the telephone and in some instances online on similar events as a Corporate Bookmaker. For completeness, it is worth noting that, to a lesser extent, local government bodies in most states and territories also regulate gambling from a local government and town planning perspective, but typically only as it relates to gaming machines and their operation within the relevant municipal district. Any skill games and competitions with no element of chance are not typically regarded as gambling, but may still fall within certain gaming regimes when operated in a land-based context. Any skill games and competitions with no element of chance are not typically regarded as gambling, but may fall within certain ‘interactive gaming’ regimes when operated online and be regulated by state and territory gambling regulators. Betting on fantasy sports in Australia is offered by some corporate bookmakers licensed in the NT (Corporate Bookmakers).