Interactive Gambling Act 2001
Act of the Parliament of Australia
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The Interactive Gambling Act (Cth) (or IGA for short) is an Act of the Parliament of Australia, with the purpose of regulating online gambling. The law makes it an offence for online gambling websites to provide their services to customers within Australia, among other measures designed to protect the public from the detrimental effects of gambling.
| Interactive Gambling Act 2001 | |
|---|---|
| |
| Parliament of Australia | |
| |
| Citation | No. 84, 2001 as amended |
| Territorial extent | States and territories of Australia |
| Royal assent | 11 July 2001 |
| Legislative history | |
| Introduced by | Senator Ian Campbell |
| First reading | 5 April 2001 |
| Second reading | 28 June 2001 |
| Third reading | 28 June 2001 |
| Member(s) in charge | Warren Entsch MP |
| First reading | 29 June 2001 |
| Second reading | 29 June 2001 |
| Third reading | 29 June 2001 |
| Status: In force | |
The IGA was passed by the Parliament on 28 June 2001 and received royal assent on 11 July 2001.[1] It has been amended several times, most significantly by the Interactive Gambling Amendment Act 2017, which closed the so-called "in-play" loophole and triggered the withdrawal of several major offshore operators from the Australian market,[2] and by the Interactive Gambling Amendment (Credit and Other Measures) Act 2023, which prohibited the use of credit cards, credit-related products and digital currency for online wagering.[3] The Act is administered and enforced by the Australian Communications and Media Authority (ACMA).[4]
Act
The Act regulates the provision of online gambling services to persons in Australia. It prohibits gambling operators from providing certain forms of "real-money" interactive gambling services, including online casino-style games and online poker, to Australian residents. The legislation also restricts the advertising of prohibited interactive gambling services within Australia.[4]
The Act primarily targets gambling service providers rather than individual users. Australian residents who access online gambling services do not commit an offence under the legislation. Australian-based operators may provide gambling services to customers outside Australia, except in countries designated under the Act.[4][5]
Offences and penalties
The Act applies to both Australian and foreign-owned gambling operators, regardless of whether the services are based in Australia or offshore.[4]
Penalties for breaching the Act include fines of up to A$220,000 per day for individuals and A$1.1 million per day for corporations.[6]
Responsibility for compliance rests with gambling operators rather than customers using the services.[4]
Reasonable diligence
Under the Act, an offence may not be considered to have occurred if a gambling operator can demonstrate that it exercised reasonable diligence in attempting to prevent Australian residents from accessing prohibited services.[7] In determining whether reasonable diligence was exercised, consideration may be given to whether the operator informed customers about restrictions under Australian law, whether contractual terms prohibited the use of services while physically present in Australia, and whether customer identification details were collected to verify residency status.
Permitted services
The Act does not prohibit all forms of online gambling. Licensed online wagering services, including sports betting placed before the commencement of an event, remain lawful under Australian law. Certain online lottery services are also permitted, provided that they are not operated as instant-win games such as online scratch cards.[8]
Advertising
The Act prohibits the advertising of unlawful interactive gambling services across multiple forms of media, including television, radio, print publications, and online platforms.[9]
Complaints
Complaints relating to prohibited gambling advertisements and services are handled by the ACMA, which is responsible for enforcing the Act.[4]
Review of the Act
In August 2011, the Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, announced a review of the Act in response to the growth of the online gambling industry, developments in digital technology, and concerns regarding problem gambling. The review examined the adequacy of the existing legislative framework, the effectiveness of harm-minimisation measures, and the social, financial, and jurisdictional implications of regulating online gambling services. It also considered findings from parliamentary inquiries and reports relating to gambling reform in Australia.[10]