Online gambling compliance and investigations

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Payment methods that do not minimise the risk of criminal activity and gambling harm should be prohibited from being used for online gambling. If agreement is unable to be reached, minimum standards should be mandated in legislation. We have been taught to believe we are a culture of gamblers by the advertising budgets of multinational gambling companies competing for market share of our losses. 4.130There was support for closing the loophole that allows telephone services to accept in-play bets.
Under the AML/CTF Act, certain gambling activities are classified as ‘designated services’ and, as such, reporting entities are required, among other things, to register with AUSTRAC, develop and maintain a compliant AML/CTF Program and report certain transactions to AUSTRAC, including by way of TTRs and SMRs. Retail Wagering Operators, Corporate Bookmakers and On-course Bookmakers are also required to pay race field fees/product fees to racing controlling bodies and sports controlling bodies, respectively, in relation to bets taken on their product. This is a departure from the previous ‘point of supply’ regime, under which states and territories derived no betting tax revenue from Corporate Bookmakers and other licensed betting operators taking bets online in the relevant jurisdiction. Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct (including through advertising).
Quarterly reports on complaints, investigations and the actions we have taken We also respond to complaints about unlicensed services. This includes where an operator provides or advertises online gambling services that are prohibited.
Customers are required to supply personal information, including name, address, birth date, identity document issued by the government, etc. Office of the eSafety Commissioner, Age verification, ‘Age assurance measures and alternative safety tech’, March 2023, /about-us/consultation-cooperation/age-verification, viewed 17 May 2023. POLi Payments, Contact us, ‘Greater support for gamblers and other POLi Service customers’, /contact-us, viewed 29 March 2023. 4.164While outside of the scope of this inquiry, the Committee notes that extending regulatory requirements and consumer protection measures to land-based WSPs would create a level playing field and provide greater safeguards for people who gamble. 4.159The Committee recommends that the national regulator be provided with a broad suite of powers to monitor online gambling, ensure compliance and enforce the law. The regulator needs a broad suite of powers so that enforcement decisions can be targeted at particular activities, can compel behavioural change and create a culture of compliance. 4.153The Committee recommends national regulation require online WSP staff to undertake research-informed training that demonstrates a sound awareness of the legal obligations and guidelines for practice in responsible service of online gambling.

1. 136The Committee recommends that the Australian Government work with the Australian Banking Association to develop a set of minimum gambling consumer protection standards for implementation by all banks, including a block on gambling merchant categories for self-excluded individuals using BetStop. 4.135While most Australian banks have introduced measures to assist their customers in managing their gambling, such as gambling blocks on accounts, there is inconsistency in the approaches taken by individual banks. As such, there is a need to ensure the compliance of the SACC sector with their responsible lending obligations relating to customers who gamble, following the Australian Government’s 2022 reforms. Turning Point and the Monash Addiction Research Centre recommended that all in-play betting be banned, including via telephone services, because ‘people who bet in-play experience significantly greater gambling harm.’ 4.124RWA said that blocking gamblers who are winning was not industry practice but noted that ‘…inevitably, there will be occasions when a customer is excluded and there doesn’t appear to be any adequate explanation other than they’re winning.’ For some other events where there’s less liquidity and less certainty in relation to the markers, we may impose some restrictions on a small number of customers.
2. 15The low uptake of such consumer protection features may be attributed to both a general lack of awareness that these tools exist, and negative perceptions (stigma) that such tools are only intended for people experiencing ‘problem’ gambling. 4.13While there was support for the concept of the NCPF, which demonstrates that the Australian, state and territory governments can work together to reduce gambling harm, it has been criticised for not providing sufficient consumer protections. On 27 February 2023, the NTRC reached a decision about a dispute lodged by MrFineff in relation to Ladbrokes. WSPs must also comply with the Northern Territory Code of Practice for Responsible Service of Online Gambling 2019. The Australian Communications and Media Authority (ACMA) is responsible for enforcing the IGA and for administering the national self-exclusion register, BetStop, that apply to licenced online WSPs. Responsible Wagering payid pokies australia real money (RWA) said its members ‘are subject to over 17,000 pages of legislation and regulation nationally, whilst remaining accountable to 26 different regulatory bodies.’

This includes measures that allow players to set limits on their spending or self-exclude from platforms if needed. In many jurisdictions, consumer protection laws play a significant role in safeguarding players against unfair practices. Engaging in collaborations with payment processors that comply with regulations can enhance operational integrity.

In addition to the compulsory responsible gambling messages and warnings, it is an offence to advertise an inducement to open a betting account or to refer another person to open a betting account and, in some jurisdictions, to gamble or to gamble more frequently. In the case of lotteries, aside from Tas (which operates under renewable five-year permits linked to Victorian and Queensland licences) and WA (where lotteries are owned and operated by the state), the expiry dates are generally shorter than in relation to Retail Wagering; however, they still range between 2024 and 2072. Various states (including NSW and Vic) have implemented harm minimisation measures to cap the number of gaming machine permits/licences on issue in certain lower socio-economic areas. Retail operations are typically conducted using authorised agents and licensing distribution arrangements. Set out below is a list of the primary legislation governing gaming, betting, lotteries and social/skill arrangements for each Australian state/territory, as well as at the federal level. Hence, operators must comply with data protection laws, besides maintaining powerful cybersecurity measures. 4.157Requiring online WSPs to have strong legal obligations to their customers must be supported by a strong and well-resourced monitoring, compliance, and enforcement regime.

1. 64RWA said that its ‘members have long supported the mandated offering of deposit limit tools to customers and continue to conduct awareness campaigns to encourage the adoption of these tools.’ Stronger consumer protections are required to minimise harm to gamblers and ensure that those who self-exclude are not then drawn back into gambling by another company. The Committee heard that requiring customer verification before gambling would assist in preventing individuals under the age of 18years from opening accounts. Other assistance measures vary across different banks but can include immediate gambling blocks that are able to be activated via banking apps and contact centres, and delays on the removal of blocks. 4.25The Australian Banking Association (ABA) advised that most banks have developed technological solutions to reduce gambling harm, including tools to track and cap spending and enable customer-directed blocks. In less than two years, he lost $4.4 million, including about $3.4million of his clients’ money.