Australia has one of the highest rates of gambling participation in the world. Whether it is a flutter on the Melbourne Cup, a Saturday night at the local RSL with the pokies, or a late-night session on a sports betting app, gambling is deeply woven into the social fabric. However, as of 2025, the regulatory landscape has undergone significant shifts designed to protect consumers and modernize oversight.

For the average player, understanding these laws isn’t just about knowing what is legal—it is about knowing your rights, the protections available to you, and how to stay safe in an increasingly digital betting world.

The Dual Layer of Regulation: State vs. Federal

The first thing every player should understand is that gambling in Australia is not governed by a single “Rulebook.” Instead, it is a complex “double-decker” system of regulation.

  • The Federal Government: Focuses on interactive (online) gambling and financial integrity. The Interactive Gambling Act 2001 (IGA) is the primary federal law. It governs what can be offered via the internet and telephone across the entire country.
  • State and Territory Governments: These bodies regulate land-based activities. If you are walking into a brick-and-mortar casino in Perth, playing a poker machine in Sydney, or buying a lottery ticket in Brisbane, you are under the jurisdiction of that specific state’s regulator (such as Liquor & Gaming NSW or the Victorian Gambling and Casino Control Commission).

Online Gambling: What is Actually Legal?

The most common point of confusion for Australian players is online gambling. Under the IGA, the law is very specific about what a licensed provider can offer to someone physically located in Australia.

1. Sports and Race Betting

This is the most widely available and legal form of online gambling. As long as the provider holds a license from an Australian state or territory (often the Northern Territory), they can legally offer odds on sports, horse racing, and greyhounds.

2. The Ban on Online Casinos and Pokies

It is a common misconception that because you can see ads for them, online casinos are legal in Australia. They are not. The IGA strictly prohibits the provision of “interactive gaming services” to Australians. This includes:

  • Online slot machines (pokies).
  • Online table games like blackjack, roulette, and baccarat.
  • Online poker (for real money).

While many offshore websites still target Australians, these are considered “illegal offshore services.” The Australian Communications and Media Authority (ACMA) actively blocks these sites. For players, using these sites is risky because you have zero legal recourse if the site refuses to pay out your winnings.

3. In-Play Betting Restrictions

A unique quirk of Australian law is the ban on online in-play betting. While you can bet on a game before it starts via an app, you cannot legally place a “live” bet online once the whistle blows. To bet live, the law requires you to do so in person at a retail outlet or over the telephone.

New Protections in 2025: BetStop and Credit Bans

The last two years have seen the most aggressive consumer protection reforms in decades. If you haven’t gambled in a while, the “rules of engagement” have changed:

  • The Credit Card Ban: As of June 2024, it is illegal for licensed online wagering providers to accept credit cards or digital currencies (like Bitcoin) for betting. You must use “cleared funds” from a debit card or bank transfer. This is designed to prevent players from gambling with money they don’t actually have.
  • BetStop – The National Self-Exclusion Register: This is a “one-stop shop” for players who want to quit. By registering with BetStop, you are instantly banned from every single licensed online and telephone betting service in Australia. Providers are legally required to check the register and cannot open new accounts for you or send you marketing materials.
  • Pre-Verification: You can no longer “bet now and verify later.” Under current AML/CTF laws, your identity must be fully verified before you can place your first bet.

Land-Based Gambling: Pokies and Casinos

If you prefer the atmosphere of a physical venue, the rules vary significantly by state. For example, Tasmania and Victoria have moved toward “carded play” systems. This requires players to use a registered card to play electronic gaming machines (EGMs), allowing for mandatory loss limits and tracking.

In New South Wales, new laws in 2025 have pushed ATMs and EFTPOS terminals further away from gaming floors to create a “cooling-off” distance between the player and their cash.

Tax and Winnings: The Good News

One area where the law is very clear and favorable to the player is taxation. In Australia, gambling winnings are not taxed. The ATO views gambling as a hobby or a result of good luck rather than a profession (unless you are a professional bookmaker). The burden of tax lies with the operators, who pay “point of consumption” taxes to the government.

Frequently Asked Questions

1. Is it illegal for me to play at an offshore online casino?

While it is illegal for an offshore provider to offer the service to you, the Australian law generally focuses on the provider, not the individual player. However, playing on these sites is highly discouraged because they are not regulated by ACMA, meaning your personal data and funds are not protected by Australian law.

2. Can I use my credit card to top up my betting account?

No. As of mid-2024, a national ban is in place preventing the use of credit cards for online wagering. You must use a debit card, bank transfer, or other approved payment methods that use your own deposited funds.

3. What is the legal age for gambling in Australia?

The legal age for all forms of gambling in Australia—including lotteries, horse racing, and casinos—is 18 years old.

4. Are my winnings from a large jackpot taxable?

No. Whether you win $10 or $10 million on the Oz Lotto or at a casino, your winnings are generally tax-free in Australia.

5. Why can’t I place a live bet on my phone during a footy game?

Under the Interactive Gambling Act, “in-play” betting is prohibited via digital platforms to prevent impulsive “ball-by-ball” gambling. You must call a bookmaker over the phone or visit a physical TAB to place a live bet.

6. How does BetStop work?

BetStop is a free government service. Once you sign up, all licensed Australian online wagering providers are legally required to close your accounts and block you from their services for a period ranging from 3 months to a lifetime.

7. Is “Skin Gambling” or Loot Boxes in video games legal?

The Australian government has tightened regulations on these. Many games with loot boxes now carry an R18+ or M rating, and platforms that allow the “cashing out” of skins for real money are often classified as illegal unlicensed gambling.

8. Can I gamble online while I am visiting Australia on a visa?

Yes, but you must adhere to Australian laws while physically located within the country. This means you cannot access online casinos, even if they are legal in your home country.

9. Who do I complain to if a betting site won’t pay me?

If the provider is licensed in Australia, you should contact the state regulator that issued their license (e.g., the Northern Territory Racing Commission). If the site is an unlicensed offshore casino, there is unfortunately very little the Australian authorities can do to help.

10. Are there limits on how much I can lose?

Many states are introducing mandatory or voluntary pre-commitment schemes where you must set a loss limit before you start playing pokies. Additionally, all licensed online providers must allow you to set deposit limits as part of the National Consumer Protection Framework.

 

By Tanesha