Casinos are generally subject to periodic Licence reviews (often every five years). Apart from Vic (where the licence expired in 2022 and two new non-exclusive licences were issued, each expiring in 2042), the key keno licences in Qld, NSW and ACT expire in 2047, 2050 and 2064, respectively. In relation to wagering and betting, apart from the NT (where the licences expire in 2035) and WA (where Retail Wagering and betting is operated by the state), the expiry dates of current Retail Wagering Licences are also similarly long-dated and range between 2044 and 2100. 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. Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities are also required to hold a relevant licence (including providers of gaming machine monitoring services). Have fines, licence revocations or other sanctions been enforced in your jurisdiction? What appetite for and track record of enforcement does your local regulatory authority have? Whilst federal, state and territory laws and regulations are often capable of being contravened by directors and other officers of licensees, recent regulatory action has been taken against corporate licensees only. Legislation prohibits bets being taken by a Corporate Bookmaker on the outcome of a lottery (that is, ‘synthetic lotteries’). 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. Until that time, the potential use of digital currencies had been under consideration in the NT. 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. Under the AML/CTF Act, certain gambling activities are classified as ‘designated services’ and, as such, reporting entities are required, among other things, to register with AUSTRAC, develop and maintain a compliant AML/CTF Program and report certain transactions to AUSTRAC, including by way of TTRs and SMRs. All gambling-related licences issued by a state or territory are subject to strict requirements relating to responsible gambling and harm minimisation. 2.5 By Relevant Product, what are the key limits on providing services to customers? 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. 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. The state and/or territory taxes that apply to gambling products depend upon the relevant licence under which the product is being offered, the type of product and also the jurisdiction in which the product is offered. Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct (including through advertising). The federal government has enacted ‘rules’ that restrict gambling advertising and odds promotion during broadcasts of live sport, with one key objective being to limit its exposure to children. 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. 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. 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 typically also offer ‘totalisator-derivative’ or ‘tote odds’ type betting. 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. There are also various subordinate legislative instruments, including regulations, which have not been included. There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates). For completeness, the authors note that the list of gambling- related legislation below is not an exhaustive list. 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. If games are not entirely skill-based (that is, there is an element of chance), then they will be subject to the relevant gaming laws. Queensland hosts several prominent casinos, including The Star Gold Coast, The Ville Townsville, Treasury Casino and Hotel, The Reef, and the upcoming Queen’s Wharf Brisbane. One notable advantage for Australian players engaging in online gambling is that winnings derived from such activities are considered non-taxable. Spearheaded by Echo Entertainment, it promises a grand casino featuring 868 poker machines and 2,500 pokies upon its launch. The Reef offers visitors a blend of entertainment and gaming within a captivating ambience.
