SECTORS
Casinos
Casinos in Australia have been undergoing considerable reform and are a focus for government and other stakeholders.
Casinos are highly complex businesses requiring sophisticated governance frameworks to vigilantly mitigate money laundering and minimise gambling harm.
Although online casinos are illegal in Australia under the Interactive Gambling Act 2001 (Cth), land-based casinos play an important role within the broader regulated gambling landscape in Australia.
Casino operators in Australia have come under immense government, regulatory and community scrutiny over recent years (including following detailed examination through public royal commissions and similar processes and inquiries) due to issues including failures in relation to anti-money laundering and risk management frameworks (including in relation to junkets) and protecting consumers against the risks of gambling harm.
This has led to significant reform efforts in casinos around the country and an uplift in compliance practices to minimise risks of criminal influence and exploitation. It is critical that operators have in place robust internal control systems and procedures to respond effectively to the risks and compliance obligations on these businesses.
Casino Control Act
Land-based casinos in Australia are primarily regulated by State government regulators and law enforcement agencies. Each State and Territory has a relevant Casino Control Act (or similar legislation) under which casino licences have been issued. A land-based casino licence permits the relevant casino to typically offer traditional table games and gaming machines.
The Interactive Gambling Act 2001
Online casinos are not permitted under the Interactive Gambling Act 2001 (Cth) IGA. The Australian Communications and Media Authority (ACMA) monitors compliance with and enforces the interactive gambling laws. The ACMA has the power to, amongst other things, instigate civil proceedings in Australia, notify border protection agencies of the names of directors/principals of offending illegal offshore operators (who may then be placed on a ‘movement alert list’ thereby disrupting any travel to Australia) and liaise with foreign regulators to stop alleged offenders.
The ACMA has recently demonstrated that where illegal gambling products are offered in Australia they will serve warning notices and take other action (including referring matters to the Australian Federal Police). They will also issue notices to Internet Service Providers to block offending sites. These are typically online casinos. Software developers and other third parties will often receive letters from the ACMA in circumstances where the ACMA believes they are ancillary to a contravention of the IGA.
Casino lawyers and gambling law experts
Senet has a highly experienced team of casino advisors with executive level industry experience advising regulators and operators in the gaming and gambling sector. Our industry experience and deep insight and knowledge of complex casino organisations enable us to uniquely advise to manage legal, regulatory and compliance risks. Our experts are immersed in the industry, speaking at leading gaming conferences and maintain strong networks in the casino and gaming industry. We understand the key issues and risks and work closely with key stakeholders to deliver the right outcomes.
We can assist in relation to:
Advising on legal and regulatory obligations
Compliance and control registers and procedures
Mergers and acquisitions
Responsible gambling frameworks and compliance
Debt and equity financing
Regulatory investigations and assurance activities
Anti-money laundering and counter-terrorism (AML/CTF) financing compliance
Litigation and dispute resolution
Gambling compliance training
Through the Senet Compliance Academy, we offer comprehensive gambling compliance training to the casino sector, ensuring staff remain compliant with Australia’s legal and regulatory standards. Our courses are designed to help businesses cultivate a compliance culture, protect against financial crime and reduce gambling-related harm.
Get in touch for a complete range of gambling law and advisory services
FAQ
Casino Knowledge
-
Each state and territory has a relevant Casino Control Act (or similar legislation) under which casino licences have been issued. There are currently 14 casino licences on issue. A casino licence permits the relevant casino to typically offer traditional table games and gaming machines.
Casino licences can typically only be applied for through a competitive tender process run by the relevant state or territory. The number of licences available are limited and there is typically only one per state and territory (except in the case of current casino licences held in each of Queensland, New South Wales and the Northern Territory) and the processes are very infrequent. 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.
There are various current casino licences which are perpetual, whereas a number of others currently expire between 2050 and 2093.
It is not possible to obtain a licence to operate a casino online as this form of gambling online is prohibited under the Interactive Gambling Act 2001 (Cth).
-
State and Territory taxation on casinos is determined on a case-by-case basis (typically during negotiations with the relevant State or Territory government at the time). By way of example, putting aside a Federal company tax of either 25% or 30% on profits and a goods and services tax (GST) of 10% on gross revenue, the sole casino licensee in Victoria paid a multi-million-dollar licence fee to the State for the right to operate the only casino.
In addition, the Victorian licensee currently pays the State a tax of 21.25% of its gross gaming revenue from table games, together with a tax on gross gaming revenue from gaming machines in respect of regular players, a 1% community benefit levy, and a 9% on ‘high roller’ gaming revenue.
Finally, the licensee pays an additional casino ‘super tax’ based on gross gaming revenue, which increases depending upon gaming revenue levels, with a maximum tax payable of 20%. The relevant taxation amounts are reduced by the GST paid by the casino licensee in relation to these services.
-
Online casino games cannot be offered by casino licensees (or any person) in Australia. Gaming in Australia includes casino gaming (including electronic gaming machines (slots) and casino table games such as roulette & blackjack). The ACMA regulates digital gaming in Australia and online casino gaming (including slot machines and poker) is prohibited in Australia under the Interactive Gambling Act.
A key focus of the ACMA has been combating illegal online casinos from being offered into Australia.
Despite this, a person may still apply for an ‘internet gaming licence’ in the Northern Territory and offer their gaming products outside of Australia in certain circumstances.
-
It's illegal to provide some interactive gambling activities, such as 'online casinos', to someone in Australia. Accordingly, any game of chance, including games of mixed chance and skill played over the internet, is prohibited under the Interactive Gambling Act if it is provided to someone who is physically in Australia (subject to some exceptions).
As a consequence, it is prohibited to provide online casino products, including slots to persons located in Australia.