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Regulatory Frameworks for Online Casino Australia.

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The authors note that in January 2024, the Special Manager of Crown Melbourne submitted his final report to the Victorian regulator setting out his assessment of the effectiveness and sustainability of Crown Melbourne’s reforms. In light of the serious issues highlighted in those processes, however, there has been a preparedness of federal and state and territory regulators to commence material proceedings and other materially adverse action against major licensees. There are various current casino licences which are perpetual, whereas a number of others currently expire between 2050 and 2093.
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.
Although the ACMA has been particularly active in recent years in its efforts to respond to international operators providing illegal services to Australian residents, more recently we have also observed an enhanced domestic compliance focus. Australia’s gambling regulatory landscape in 2026 remains dynamic with relevant developments and sustained regulatory activity across multiple fronts. It’s a landscape where compliance decisions are carrying increasingly material commercial consequences, and we’re glad to offer our perspective on what operators should be watching as the year progresses. One prominent example of this positive trajectory is the adoption of licensing standards exemplified by reputable online casinos. Historically, gambling operators relied on offshore licenses with limited jurisdictional control.
Affiliate services and white-label operators are likely to require approval by the NTRWC to provide services to bookmakers and/or betting exchanges licensed in the Northern Territory (see 6.3 Affiliates and 6.4 White Labels). Clubs and hotels may, under their respective licences, operate gaming machines; however, the gaming machines must be approved in order for them to be operated in the premises. The application process is likely to also require that fingerprinting be provided for the purposes of conducting background checks and providing police certificates. A personal licence is required in the Northern Territory for individuals that are deemed key individuals in relation to the online sports bookmaker licence. A personal licence may be required at the state and territory level, for example in respect of gambling operators/venues that are in the land-based market (eg, gaming machine technician licences). In NSW, for example, a one-off payment of AUD256 million was paid in 1995 for a 12-year exclusivity period for a casino licence, and a further AUD100 million was paid in 2007 for a 12-year extension of the exclusivity period. The timescale for a land-based licence application varies between states and territories, and also depends on the type of licence for which the application is being made.
This is a trend that we anticipate continuing in regard to a number of compliance priorities, including, most acutely, in relation to safer gambling, spam messaging and in response to the proliferation of certain trade promotion-centric business models. Retail operations are typically conducted using authorised agents and licensing distribution arrangements. Prior to the NZ Online Casino Bill being tabled, the Department of Internal Affairs conducted targeted consultation in relation to various matters that will be addressed in regulations. This process commenced around seven years ago with the implementation of the National Consumer Protection Framework (NCPF) (for online wagering operators) and reviews of various aspects of the business conducted by leading casinos. But it also exposes the ongoing misalignment of a probity system that continues to prioritize individual background checks over institutional conduct. By contrast, licensed sports betting and race wagering can operate under specific state and territory regimes, subject to local approvals and consumer protection rules. Although Parliament has described its objective of adopting a more risk-centred and less prescriptive approach to regulation, there has been uncertainty regarding the implementation of particular requirements, including in relation to customer due diligence obligations which have changed under the new regime.
We anticipate that the ACMA and other gambling regulators, will continue to utilise this disciplinary enforcement mechanism (or, alternatively, issue remedial directions) to shift the compliance assurance burden to operators. In a number of cases, the sanctions applied have involved operators entering into court-enforceable undertakings which have required extensive, and potentially costly, process reviews and reforms. Although the wagering and casino industries have come under significant examination in recent years, it is clear from recent enforcement activity and communications that pubs and clubs operating electronic gaming machines will also continue to be subject to scrutiny. AML/CTF compliance has remained a particular regulatory focus for 2026 across the broader gambling sector.
In such circumstances, social games would not constitute a gambling service under the IGA and would not require a licence to be offered. The federal government released an Issues Paper in July 2024 to seek feedback to assist the government in understanding the impact of keno-type lotteries and foreign-matched lottery products and their gambling harm risks. Under the IGA, a lottery will be considered an “excluded lottery service” if it is a service for the conducting of a lottery or a service for the supply of lottery tickets. The offering of online casinos is prohibited under the IGA and cannot be offered legally to persons physically present in Australia. Accordingly, online betting may be provided legally under the IGA as a “regulated interactive gambling service” when offered by an operator that holds a licence granted by an Australian state or territory. However, in accordance with the principles established in the IGA, Australian states and territories separately regulate online gambling in their respective jurisdictions under the relevant legislation.
Senet is an Australian boutique law firm headquartered in Melbourne, specialising in gambling law and regulatory compliance in mobile pokies australia and New Zealand and advising a diverse range of clients across the globe. He supports both domestic and international organisations in navigating complex regulatory frameworks and establishing compliance-driven cultures. With a deep understanding of the gambling sector, she provides commercially focused, practical legal advice that effectively manages risk. She began her legal career at MinterEllison, advising Australian and international wagering operators on complex regulatory and commercial matters. At Tabcorp, she served as Deputy General Counsel – Wagering and Media, advising on major strategic initiatives including the integration of two ASX-listed entities, regulatory investigations and responsible gambling programs. Prior to that, he was a lawyer in the Corporate team at Herbert Smith Freehills, advising highly regulated clients across a range of corporate, regulatory and commercial matters.