Gaming Legislation In Australia

4/4/2022by admin
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  • On December 1 2018, Consumer and Business Services (CBS) assumed responsibility for all gambling regulatory and policy functions in South Australia – including those previously overseen by the Independent Gambling Authority. These reforms arose from recommendations in the review by the Hon Tim Anderson QC.
  • The ACT Gambling and Racing Commission. Is an independent body established under section 5 of the Gambling and Racing Control Act 1999. The Act provides for the continued administration of certain Acts relating to gambling and racing and establishes the powers, functions and activities of the Commission.

Gaming law

Liquor & Gaming NSW is responsible for the implementation of government policies designed to balance sustainable business development with the need to reduce harms associated with problem gambling.

In the gaming area, L&GNSW is responsible for:

  • advising in relation to the development and implementation of government policy
  • ensuring compliance
  • monitoring revenue collected from gaming activity
  • overseeing technical standards for gaming machines

The Office of Responsible Gambling and Responsible Gambling Fund Trust is responsible for administering the Responsible Gambling Fund, which funds services for problem gamblers.

The Gaming and Wagering Commission Act 1987 consolidates the law relating to minor gaming in Western Australia and provides the opportunity for clubs and charities to raise funds through lotteries, Bingo, Two-up and gaming events.

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Wagering law

Wagering is regulated in NSW under the Betting and Racing Act 1998 and the Totalizator Act 1997, which prescribe:

  • who may offer betting services
  • the events on which betting is permitted
  • requirements that betting service providers must comply with.

Liquor & Gaming NSW Telephone, Electronic and Declared Betting Event authorities

The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses (on-course) or other approved premises (off-course) approved by the relevant racing controlling body, Racing NSW, Harness Racing or Greyhound Welfare Integrity Commission.

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An application for these authorities must be made to both the Racing Controlling Body AND the Minister (Liquor & Gaming NSW).

Application process

In conjunction with any application to your controlling body, an application can be made in the form of an email to the Liquor & Gaming Revenue Assurance and Integrity Unit, requesting authority to conduct telephone, electronic and/or declared events betting under the Act. Your application should be addressed to the Manager Compliance, Revenue Assurance and Integrity Unit, and contain:

  • Name
  • Address
  • Confirmation of your status as a licensed bookmaker
  • Racing controlling body who has licensed you as a bookmaker
  • What authorities you are applying for
  • Any additional information you see necessary

In support of your application you are also required to provide the following information (if applicable) in the form of a Statutory Declaration:

  • The location you wish to conduct Telephone, Electronic and/or Declared Events Betting;
  • Whether the approved office or premise is open, or available for use by, the public or a section of the public;
  • Which electronic betting system will be used to facilitate betting in the on-course office or approved premises;
  • Which telephone betting system will be used to facilitate betting in the on-course office or approved premises;
  • Whether you will have a staff member in attendance at all relevant times, to determine and process any bet;
  • Whether a website and/or an application will be used to facilitate electronic betting;
  • If a website and/or application will be used to facilitate electronic betting, please provide the details of the name and web address;
  • Whether the website and/or application will contain a privacy policy and code of practice and if so, could this please be provided;
  • Whether the website and/or application will clearly publish guidelines regarding cancellation of bets and how that process will be managed and if so, could this please be provided;
  • Whether the website and/or application will provide for the promotion of responsible wagering;
  • What guarantees do you have with the NSW Bookmakers Co-operative; and
  • Address any issues that might adversely affect your application or raise questions regarding integrity.

It is noted that L&GNSW may request further information throughout this process and will liaise with the relevant controlling body regarding the application.

Any betting authority issued will be subject to, but not limited to the:

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  • Betting and Racing Act 1998
  • Totalizator Act 1997
  • Betting and Racing Regulations 2012
  • The Minister’s NSW Bookmaker Telephone and Electronic Betting Conditions and any further conditions imposed under 16(5) of the Act
  • Any rules or conditions imposed for Declared Events Betting under Division 2 & 2A of the Act
  • Any rules and conditions imposed by the relevant controlling body

Please note, the approvals of these authorities do not pertain to the approval of laying totalizator odds or dealing in totalizator tickets off a licensed racecourse (whether or not it is from an approved premise) and is an offence under section 88 of the Totalizator Act 1997. There is no exception to section 88 of the Totalizator Act 1997.

The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses or other approved premises.

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The Minister for Better Regulation and Innovation can declare sports and other events as betting events in NSW. Declared events are listed in the: Schedule of Declared Betting Events and Approved Forms of Betting PDF, 274.62 KB.

This schedule forms part of the Bookmaker Declared Betting Events Betting Rules PDF, 149.52 KB.

The Betting Glossary of Terms PDF, 13.85 KB defines the various form of betting available.

In December 2015, changes were made to the application process and requirements for new declared betting events and bet types. For further information on these reforms, please see Sports wagering in NSW

Relevant Acts

Visit Legislation NSW for all Acts and Regulations.

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