Gambling Laws in Australia
Australia is the world's sixth-largest country and as such there are some variations in the law regarding land-based gambling activities. However, there are no ambiguities when it comes to online gambling.
The Interactive Gambling Act of 2001 clarifies what is and isn't permitted in the country.
Which Gambling Activities Are Legal in Australia?
Each of Australia's six states and ten territories determines its stance on land-based gambling. The main legislation covering online gambling across all regions is the Interactive Gambling Act 2001.
Wagering on Offline and Online Casino Games
Each of the 16 regions of Australia has at least one land-based casino, though the contents of these can vary depending on local laws. For example, some states do not permit slots (aka pokies), while others 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, with the activity strictly banned in all forms. The Australian government goes to great lengths to prevent players from accessing these platforms. Despite the illegality, many players still head to the various offshore online gambling sites which accept players from the country.
Gambling on Poker
At present, only a few regions in Australia allow poker machines, and even then they are restricted to certain locations and heavily regulated. Poker in general isn't popular with residents.
Online poker is not permitted as it is classed as 'interactive gambling' and is therefore banned under the 2001 Interactive Gambling Act.
Playing Real Money Bingo
Bingo is another tale of two halves, with land-based games permitted 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 is prohibited under the Interactive Gambling Act 2001. Various offshore bingo casinos online accept residents, but the government assigns many resources to penalise operators.
Purchasing Lotto Tickets, Scratchcards and Other Instant Win Games
Residents of Australia can legally buy tickets for various lottery games including the Powerball, Oz Lotto, Set For Life and the Monday, Wednesday and Saturday draws. It's also possible to purchase a range of scratchcards and other instant wins such as keno.
While buying tickets online via the operator's website is legal, all other forms of online lottery gameplay are illegal.
Social Gambling and Online Crypto Casinos
Gambling with friends in a private residence on card games is permitted. As long as no commercial profits are being made and rake and fees are not charged. Social casinos which give residents access to free online slots to play with fake chips and credits - are allowed. But no money must be charged for purchases of coins, chips etc.
Cryptocurrencies are recognised as legal tender in Australia and treated as property. Individual businesses can decide whether to accept them or not. Though at the moment, none of the licensed land-based casinos or slot halls will allow virtual coins for payment. As online gambling is banned, there are no legal crypto casinos for residents either.
Is Sports Betting Legal in Australia?
Yes, and it's one of the few activities permitted under Australian law, but even this includes some restrictions. Punters can place bets via their local Totalisator Agency Board (TAB) outlet, of which there are almost 4,500. 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 race 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 on signup. The one restriction residents face is that in-play or live betting is prohibited. This is perhaps one of the most contentious issues regarding gambling laws, with many Aussie sportsbooks online continuing to protest against the restriction.
Betting on global eSports or Daily Fantasy Sports is legal if the activity is done through a licensed sportsbook. Whether online or via one of the country's many Totalisator Agency Board (TAB) outlets.
What's the Minimum Age to Gamble in Australia?
You must be aged 18 or over to gamble legally on any of the permitted activities in Australia.
Australian Gambling Tax Regulations: Are Players Liable for Their Winnings?
Tax regulations are pretty cut and dried, with players not required to pay on their winnings.
Various regions 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. Many say this unfairly penalises 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
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.
In 1976 the Australian Capital Territory approved slots in clubs/pubs. Victoria and Queensland followed in 1991. Whilst South Australia was in 1992, Tasmania in 1997 and the Northern Territory in 1998.
The first TAB outlet was opened in Victoria in 1985, with interactive sports betting legalised 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 operators from taking bets from residents.Â
Key Facts
Each region of Australia can determine its laws when it comes to land-based casino gaming.
Small and charitable games of in-person bingo are legal whilst online games are banned.
Purchasing lottery tickets is legal in-person and online via the Australian National Lotto website.
Australia's online gambling laws are pretty clear. The only permitted types are sports betting via TAB's website or Australian-licensed online sportsbooks.
Fact-checked by Julia Attard
Senior Author & Online Casino Expert