Australia Online Gambling License
Apply for a gaming machine licence To own and operate gaming machines in South Australia you must have a gaming machine licence and hold gaming machine entitlements. Each gaming machine licence specifies the maximum number of gaming machines approved for a venue. The most any venue can have is 40 machines. Overview of online gambling law. The pertinent law in this respect is The Interactive Gambling Act of 2001. This makes it an offence for casino operators to make real money gambling available to people who are resident in Australia. It is also not legal to advertise these services in the country. That's the first important aspect of the law. It's illegal to provide some interactive gambling activities, such as 'online casinos', to someone in Australia. Examples include roulette, poker, craps, online 'pokies' and blackjack. Any game of chance, including games of mixed chance and skill played over the internet, is prohibited under the Interactive Gambling Act 2001 (IGA) if it's provided to someone who is physically in Australia.
To own and operate gaming machines in South Australia you must have a gaming machine licence and hold gaming machine entitlements.
Each gaming machine licence specifies the maximum number of gaming machines approved for a venue. The most any venue can have is 40 machines.
A gaming machine licence can't be granted to premises located under the same roof as shops or within shopping complexes.
More than one gaming machine licence may be held for separate parts of a premises if there are also separate liquor licences. In the case of clubs, two or more clubs may hold a gaming machine licence on the same premises if each one also holds their own liquor licence for that premises.
Before you begin
Before you can apply for a gaming machine licence you must already have these things.
Liquor licence
You must have, or have applied for, one of these liquor licences:- on premises liquor licence, but only if the nature of the business is similar to a licensed club and the premises is:
- a major sporting venue, or
- the headquarters in SA for a particular sporting code.
Social effect certificate
You must have undertaken a social effect inquiry, submitted a report and received a social effect certificate.
Proposed premises certificate
If your premises is not yet fully constructed you may need a proposed premises certificate.
Once you have all of these, you can begin your application for a gaming machine licence.
What you'll need
All applicants need to:
- provide a completed application form and fee payment
- provide a copy of the lease agreement or permission from the landlord if you don't own the property
- provide a certificate of title if you own the property
- provide a copy of a bank or loan statement if you have borrowed money to finance this application
- provide evidence that you have entered into a service agreement with a licensed service agent
- determine whether you are applying as:
- an individual
- a partnership
- a company
- a trustee of a trust or incorporated association
- a copy of the partnership agreement
- an ASIC extract
- an incorporated association constitution including a list of committee members
- a copy of the relevant trust deed.
and provide the following documents where applicable: - determine who holds a position of authority in your corporate structure or trust, and lodge a personal identification declaration (PID) to have those persons approved.
Identifying positions of authority
It is your responsibility to ensure that all persons:
- who occupy a position of authority within your corporate structure/trust or
- receive profits or proceeds from the business
are approved by the Liquor and Gambling Commissioner.
Gambling Licence
Positions of authority include:
- a sole-trader or persons in a partnership
- directors and shareholders, including where a shareholder is a body corporate
- trustees and beneficiaries of the trust associated with the licensed entity
- committee members in the case of an incorporated association
- any person in the corporate structure which exercises influence or control over the business.
Minors who are shareholders in a proprietary company, or who are beneficiaries under a trust don't need approval.
Personal identification declarations (PIDs)
To be approved by the commissioner, each person must complete and lodge a personal identification declaration (PID) with the application.
If a person has already been approved in a position of authority under another current gaming machine licence in SA, a PID is only required if their circumstances have changed since their last approval.
Fingerprinting
Everyone submitting a PID will be contacted by SA Police to have their fingerprints taken (alternative arrangements can be made for people who live in remote or isolated areas, interstate or overseas).
Additional evidence
If you don't have a proposed premises certificate you must provide evidence to satisfy the commissioner that:
- the proposed gaming area or gaming areas within the premises will be suitable for the proper conduct of gaming operations
- there will be adequate security proposed for the premises, gaming areas and the gaming machines
- the conduct of the proposed gaming operations would be unlikely to result in undue offence, annoyance, disturbance or inconvenience to those who live, work or worship in the vicinity of the premises
- the conduct of gaming operations would not detract unduly from the character of the premises, the nature of the undertaking carried out on the premises or the enjoyment of persons ordinarily using the premises
- the proposed gaming area(s) is not designed or situated so that it would be a special attraction to minors
- the proposed gaming area(s) is enclosed
- you have obtained any necessary approvals, consents or exemptions.
How to apply
Online Gambling License
Lodge your application form, the relevant fee, PIDs and other documents with Consumer and Business Services (CBS).
Email the application to CBSGamblingServices@sa.gov.au
Online Gambling Licenses Cost
Post to:
Licensing and Registration
GPO Box 2169
Adelaide SA 5001
Fees
Application type | Fee |
---|---|
Application for a gaming machine licence | $631.00 |
Application for approval of a person to assume a position of authority in body corporate: | |
| No fee |
| $12.50 |
| $147.00 |
Australia is a gambling nation. It is one of the most trafficked markets in the country through legal brick-and-mortar channels, but online gambling is a different story. This page is dedicated to explaining the full legal structure of gambling in Australia and has information on the standing laws, any amendments, the regulatory bodies in charge and more. You will learn about which gambling options are legal and which ones to avoid. Australia is a vast gambling community, but it is well regulated. Use this page as a legal resource for gambling options in Australia and our homepage as a resource for gambling laws by country.
Is Gambling Legal In Australia?
Yes, but only certain forms of gambling. Australian gambling laws were quite lenient in the past, allowing for brick-and-mortar establishments and some online gambling options. The current legal gambling framework still permits brick-and-mortar gambling, but online options are scarce due to tighter restrictions. There are explanations of the laws below.
Gambling Laws In Australia
Interactive Gambling Act 2001 – The Interactive Gambling Act was Australian Parliament’s way of addressing online gambling. At the time, Aussies were able to access locally based sites for real money games. Offshore gambling sites were also an option. This law targeted domestic operators and made it illegal for them to offer services to residents. It also made it an illegal offense to advertise Australian online gambling products and services locally (including all forms of media). The law permitted domestically based online sites to offer services to ‘designated countries,’ but not local citizens. The only form of domestic online wagering allowed was sports betting through a local service. You can find more information on our Interactive Gambling Act 2001 page.
Interactive Gambling Amendment Bill 2016 – Australian gambling laws remained the same for more than a decade. It wasn’t until 2016 that changes were made. These changes came through the Interactive Gambling Amendment Bill 2016. The new IGA tightened restrictions on online gambling by banning almost all digital gambling forms, no matter if they are licenced offshore or not. The amendment also ceased all gambling advertisements during sporting events. Any online operator wishing to do business in Australia must obtain a licence through the proper regulatory channels. In-play betting was another target of this bill and made it illegal for local punters to participate in. Learn more about the specifics of this law on our Interactive Gambling Amendment Bill 2016 page.
Regional Laws – Gambling legislation is divvied up between individual states and provinces. These laws are similar in nature but have minute differences between them. As such, it is important to understand the different territorial legal codes pertaining to gambling based on where you reside in Australia. Our Australian Regional Laws page has more information on the individual laws.
Who Regulates Gambling In Australia?
Gambling regulation in Australia is twofold. There are some federal departments tasked with widespread regulation, but the bulk of responsibility lies with individual states and provinces. This site focuses on the federal end of regulation and covers:
- The Australian Communications and Media Authority
- Polices telephone and online (remote) gambling
- The Australian Transaction Reports and Analysis Centre
- Regulates money laundering activities
- The Australian Federal Police
- Enforces interactive gambling and financial legislation
Forms Of Legal Gambling In Australia
There are multiple land-based gambling establishments that are considered legal in Australia. These include brick-and-mortar casinos which host slots, table games, poker (including pokies, or virtual poker machines) and more. Sports and race betting is considered legal in Australia, but only through properly licenced and regulated outlets. In fact, sports betting is the only form of online gambling legally permitted to be offered to Australian residents from domestically based sites. The largest online platform is known as TAB and hosts sports gambling and racing bets. There is no in-play betting allowed per the local gambling laws.
Australia Online Gambling License Application
Minimum Gambling Age in Australia
In Australia, the minimum gambling age is standard nationwide. To enter a casino in Australia, regardless of state, requires gamblers to meet the minimum age of eighteen. This fixed legal age applies to lottery ticket purchasing, sports betting and race betting, bingo, casino games, poker and all real money betting.
Curtailing Gambling Addiction In Australia
The reason why gambling laws are so stringent is that Australia has a high number of cases of problem gambling. Gambling addiction is taken very seriously in the country and there are multiple regulations in place to keep it in check. This is why in-play betting is considered illegal and not allowed via any licenced and regulated Australian betting outlet. The government made changes to protocols in the time leading up to the IGA 2016. These changes were meant to help problem bettors in the country. For example, there is a self-exclusion register for online bookmakers. This helps to keep problem gamblers from accessing sites. There is another option for bookmakers to establish a betting limit to help gamblers avoid getting into financial hardships. Some bookmakers used to be allowed to offer lines of credit, however, this practice has since been disallowed.
Any Reformations Planned For The Near Future?
There may some further amendments to the IGA. If anything, these would strengthen the restrictions on licenced offshore gambling sites. As things stand now, individuals are not targeted for using offshore sites. Some sites’ IP addresses may be blocked, but there are others still accessible to Aussie punters. Perhaps new legislation would tighten reinforcements on individuals as opposed to just operators.
Gambling Laws Lead To Gambling Operator Exit
Australian Online Gaming License
Since the gambling laws have gotten so restrictive, many online operators decided to leave the Australian market. For example, notable online poker sites like 888Poker left with the passing of the reformed IGA. The new laws create potential financial hardships and limit these operators’ access to a lucrative gambling pool, so it makes sense why they would leave. Some groups are lobbying for certain operators to be permitted, but the current framework makes it difficult for any licenced online gambling operator to have a legitimate chance in this market. As of now, there are no concrete plans to change the legislation.
Gambling Help Resources In Australia