The technicality is that there is nothing in the IGA Amendment Bill that suggest any penalty for Australian residents who continue to gamble at online casinos. While most of the big casino brands pulled out of the Australian market, there are still several reputable offshore operators who have chosen to continue to service Australian players, and the risk is on them. Offshore operators who offer online gambling services to Aussies risk hefty fines and punishment, Playfina Australia but there appears to be no legal risk presented to players. In 2022, five Canadian provincial gaming corporations formed a coalition to tackle illegal online gambling in Canada. The coalition called on the federal government to protect people who gamble from the advertising and operation of illegal gambling websites in the country. Some of the confusion around the legality of online casino games comes from the fact that it is not legal to operate real-money gambling sites catering to Australian players.
QGSO (Queensland Government Statistician’s Office), Queensland Treasury (2022) Australian gambling statistics, 37th edition Australian gambling statistics, 37th edition 1994–95 to 2019–20, Queensland Treasury, accessed 23 May 2023. It consists of 9 items (questions), such as ‘have you bet more than you could really afford to lose? ’, with response options being never (0), sometimes (1), most of the time (2) and almost always (3). While we are distracted by sport and pacified by alcohol and gambling, big business is winning control of our minds. This is run by an entirely legitimate organisation called eCOGRA which describes itself as an ‘independent and internationally approved testing agency’.
Tipping competitions can also be conducted online so long as all proceeds are returned to the players as prizes and it is conducted by an association or individual as defined in the CNPG Act. "We take a proactive approach including monitoring and swiftly taking action against services that attempt to circumvent blocking," a spokesperson said. Many of the sites advertise the fact they ask few questions of customers, which goes against a key tenet of anti-money laundering policy. "It’s far, far less time to get a licence in Curcao and essentially fewer costs but greater risk."
Once a licence is granted, licensees must submit all proposed interactive games for assessment and approval by the Minister prior to being introduced in Queensland. Luckystar is among them and its licence holder has received a formal warning from ACMA for providing a prohibited gambling service to customers in Australia. "People go to Curacao to seek licences because there is no regulation, no law enforcement and no taxation at all," says Nardy Cramm, a journalist who runs a Curacao news site. "It’s not illegal for you to gamble online. It’s just illegal for the companies overseas to offer you to gamble online," he says. In total, he estimates he lost roughly $150,000 of his own money and another $150,000 that belonged to his mother, a pensioner with multiple sclerosis, through two gambling sites.
We pay our respects to the Aboriginal and Torres Strait Islander ancestors of this land, their spirits and their legacy. The foundations laid by these ancestors—our First Nations peoples—give strength, inspiration and courage to current and future generations towards creating a better Queensland. To find out how to apply for an interactive gambling key person licence, as part of a licence application, contact OLGR.
One example of a legal definition of gambling in Australia is in Section 4 of the Commonwealth’s Interactive Gambling Act 2001 (IGA), which was enacted in response to the rise in internet gambling. Research by the Australian Institute of Criminology shows that the total number of people gambling online declined in March and April this year, but those who were gambling spent more. Industry statistics showed that the amount Australians gambled on offshore sites had been falling before COVID-19, the spokesman said. Even if you can access these services, you won’t have the customer protection you’d get from a legal, licensed Australian service.
At-risk gambling was significantly higher for those gambling more frequently on sports, racing, poker machines, and casino table games – but not lotteries/scratchies. In Australia, the Australian Communications and Media Authority (ACMA) partners with internet service providers to block unregulated gambling websites, preventing them from reaching Australian residents. The ACMA has requested that Australian internet service providers (ISPs) block more illegal offshore gambling websites, after investigations found 5 services to be operating in breach of the Interactive Gambling Act 2001. While those issues are very real, the growing level of problem gambling using online poker machines and casino games requires both attention and a different approach to regulating and managing these currently illegal services. This situation means things are far more favourable in Australia than in other countries as far as online gambling is concerned. Australian rules are relatively progressive in acknowledging that there is luck involved, especially in online casino games, and that players should not be punished for their good fortune on the pokies or at the blackjack table.
Regular gambling was higher in adults aged 18–54 than adults aged 55 and over for all gambling activities, apart from lotteries/scratchies which was highest among those aged 55 years and over. Among those who reported gambling in the past 12 months, the average number of products gambled on was 2, but around one-quarter (23%) of respondents reported gambling on 6 or more different products. In 2022 the Australian Gambling Research Centre conducted an online general community panel survey to explore gambling participation and related harm among Australian adults (AGRC 2023).
Mr Barnard has now engaged a lawyer www.acma.gov.au in Curacao and is considering taking legal action against two online casinos, which he says failed to recognise and stop his problem gambling. It’s illegal to provide gambling services to people in Australia without an Australian licence, but scores of sites are available online. In a nutshell, it is currently prohibited for any online casino based anywhere in the world to provide gambling services to anyone from Australia, as of September 2017. The National Telephone Survey of the 2019 Interactive Gambling Study asked a representative sample of Australian adults whether they had been personally and negatively affected by another person’s gambling in the past 12 months (Hing et al. 2021).
Data on how many Australians use the internet to play poker machines and casino games and how much they lose is understandably sparse. If you do not believe your proposed game fits within one of the categories below, you may wish to apply for an interactive gambling licence. Amanda Wood, an anti-money laundering investigator with the advisory firm Kroll Australia, says online casinos can be a target for organised criminals looking for the "weakest links" to launder funds with the lowest risk of detection. The main reason there is no one legal definition of gambling in Australia is that regulation occurs at a state and territory level in addition to the Commonwealth. This means that gambling laws vary across the country and are overseen by different authorities, including within some states themselves. “In each case we have contacted the operator and relevant master licence holder regarding the contravention.