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Australia does not have one overarching statute or a single gambling authority that regulate gambling activities in Australia. Instead, gambling is regulated at state, territory and federal levels. Australia's eight mainland territories and States regulate gambling activities separately within their respective jurisdictions. Moreover, there is a series of federal statutes that cover different aspects of gambling in Australia. The constitution in Australia grants the federal government the power to regulate and govern in the various states and territories. Such capabilities include enacting legislation to regulate interactive gambling, anti-money laundering, counter-terrorism financing, consumer and competition protection.

Reforms Under Consideration

Gambling reforms currently being considered at a federal government level include disruption measures, blocking of internet service providers and financial blocking. The implementation of any rules will be implemented progressively throughout states and territories in Australia. In January 2019, the federal government enacted legislation prohibiting corporate bookmakers from taking bets on the outcome of a lottery. In December 2019, state parliament in South Australia introduced legislation significantly reforming gambling regulations. Amendments planned for the regulations under the gambling acts include changes to the Advertising and Responsible Gambling Code of Practice, guidelines for a new gambling administration, and community impact assessment guidelines. Stakeholders are to be consulted regarding the proposed changes in late 2020 to commence the reforms as a finished package later in the year. In effect, state parliament already passed legislation in 2019 to significantly reform the regulation of gambling activities across South Australia.

The Gambling Administration Act 1995

The previous Gambling Administration Act of 1995 was repealed and replaced by a new administrative and regulatory framework under the new Act, the Gambling Administration Act of 2019. Regulations to support the new Gambling Act will be drafted shortly and is subject to a thorough analysis of the Advertising and Responsible Gambling Code of Practice. Prescription notices with Guidelines will be replaced. It deals with the implementation of online solutions to facilitate a multi-venue barring system with changes to the length of the barring period. The broad social responsibility requirements include all gambling licences issued by state or territory adopting stricter requirements concerning responsible gambling. Restrictions to gambling advertising include inducements to open a betting account, and some jurisdictions prohibit adverts encouraging gambling.

Proposed Amendments to Gambling Legislation at Federal Level

The Federal government has recently implemented amendments to the Interactive Gambling Act. Gambling advertising and odds promotion are to be restricted during live broadcasts and online streaming of sports events. There are more stringent restrictions in place between 5.00 am to 8.30 pm. In late 2018, all Australian state and territory gaming ministers came together to agree on a National Consumer Protection Framework for online betting. It is in the process of being progressively implemented. The primary objective is to have a nationally consistent approach to minimising potentially harmful measures. They include prohibiting inducements like first deposit bonuses offered to prospective customers to open an online betting account. There is a mandatory opt-out of pre-commitments and a self-exclusion national register.

Run Down of Gambling Regulatory Bodies in Australia

Let's take a look at the relevant regulatory bodies in Australia with a brief description of how they operate and regulate gambling. Interactive online gambling is under the wing of ACMA. The body is responsible for regulating media and communications throughout Australia. That includes the monitoring and enforcement of gambling regulations. ACMA also monitors compliance and enforces online gambling conditions. Federal interactive gambling laws prohibit activities like online slots, instant lotteries, casinos and poker. It regulates all forms of online betting services that provide in-play betting on live sporting events.

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Australian Communications and Media Authority

ACMA has the power to instigate civil proceedings, notify border protection agencies of directors and principals who operate illegal offshore betting sites. They may be placed on a movement alert list that disrupts travel to Australia. It also liaises with foreign agencies and regulators to stop the offenders.

Australian Transaction Report and Analysis Centre

Gambling Australia News Today

The Australian Transaction Report and Analysis Centre is responsible for regulating money laundering activities and the finance of terrorism. The Anti-Money Laundering, Counter-Terrorism Financing Act of 2006 requires specific gambling activities classified as designated services to maintain a compliant program and report suspicious transactions. They include threshold transaction reports and suspicious matter reports. If an operator fails to comply with regulations and does not maintain a compliant program or file reports late, civil penalties are imposed, and criminal proceedings started.

Australian Consumer and Competition Commission

The Australian Consumer and Competition Commission is responsible for enforcing Australian consumer protection laws under the Competition and Consumer Act of 2010. With regards to gambling, ACCC monitors compliance by providers or online gambling services and their obligations, including gambling advertising. It is empowered to take the appropriate enforcement action wherever it deems that necessary.

Regulatory Licences and Permits

Operators require a license to offer casino table games, slot machines, lotteries, keno and retail wagering. Permits are typically long-dated and granted by the relevant state or territory. Bookmakers providing sports betting and racing with fixed-odds as well as phone betting require a corporate bookmakers Licence. Australian corporate bookmakers are mostly licensed in the Northern Territories. Land-based casinos, gambling parlours, hotels and clubs require both a gaming venue and a permit for every gaming machine on the premises. Gambling machines in West Australia can only be offered at a casino, while bingo can be conducted for charitable fundraising purposes by a community or non-profit organisation.

Round-Up

Nevertheless, a state or territory license is required to operate bingo centres in relevant jurisdictions. Any kind is social gaming without cash prizes does not require a permit since it isn't classified as gambling under federal, territory or state laws. Skill games without an element of chance are not considered gambling; therefore, no license is required. If operated online, skill games fall within the interactive gaming regimes that are regulated by each state and territory. Online gambling is growing at approximately 15% annually, registering the fastest growth in its sector and showing no signs of abating.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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By Leigh for Earshot

Updated September 04, 2017 16:45:46

I'm a gambling addict. Three years ago, I was convicted of white collar fraud, after I stole over $130,000 from my employer to fuel an insatiable addiction.

My poison of choice was not poker machines, but online gambling.

Racing, the thoroughbreds, the trots, the dogs — I wasn't fussy, so long as I could get a bet on and fuel that addiction.

The bets would range anywhere between $5,000 and $20,000 a day. I would bet until 3:00am, try to sleep for three hours and bet again for another three hours on online racing in the United States.

I always thought the stereotypical gambling addict was a working-class middle-aged man or woman, sitting at their local club, feeding their favourite pokies machine four or five nights a week.

But I rarely ventured into the local TAB.

Betting while the kids were in the bath

At the zenith of my addiction, I was married with two beautiful young children and working as a finance manager at a local council.

When I was with my family, I was physically there — but mentally, I was miles away, thinking about gambling: when I could next bet, where would the money come from, whether I could back a winner.

I thought about gambling 24/7. I placed bets at home, at work, the shops — basically everywhere and anywhere I could get reception on my phone.

I would be walking with the kids and our dog, yet I'd still be trying to place bets. I would even bet and watch the races on the phone while the kids were in the bath.

A knock at the door

I had been thinking about stealing to solve some of my debt problems for months, but I couldn't do it because I knew the consequences would be dire.

Then one evening, I had a visit from two large men with a baseball bat, strongly suggesting it would be in my best interests to repay a sizable debt that was due that week.

They punched me and threatened to use the baseball bat 'next time'.

I was left bruised and battered from their warning. It was a seriously scary moment; I still occasionally have flashbacks and it sends chills through my body.

That night, I made the decision to steal from work. I felt physically sick and fidgety; my mind wouldn't stop racing. I knew it was wrong, but I did it — knowing I could one day get caught.

The first time is without a doubt the hardest — but once you've done it, stealing becomes easier.

Listen to the program

Georgia Gambling News


Earshot meets Leigh, an online gambling addict.

I had nothing to lose. That's how I 'reasoned' it.

However, stealing became another problem to add to my list.

I was constantly worried about being caught. When someone knocked on my office door, when I got a phone call, when my boss called me to a meeting, I was never quite sure.

The fear was slowly killing me, but I couldn't confess, couldn't turn back. I was on a knife-edge with no solution, no way out.

It was a Monday morning when I was finally caught. I was called into the CEO's office and they presented me with the overwhelming evidence.

I was caught red-handed, but I still denied it. I knew my career was over and that jail was not far away.

But at that stage, I had a small sense of relief. No more looking over my back. The lying and deceitfulness could stop.

On the inside

When I was caught and sentenced to jail, the gambling addicts I met in the prison system had similar stories to mine. They were middle-aged, smart, well-educated men from good upbringings, all addicts to racing and not the pokies — certainly not the stereotypical gambling addicts I had imagined.

My addiction cost me everything. I lost my job, all my material possessions including house, car, everything I owned.

But that pales into insignificance to the lost relationships.

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My marriage disintegrated, I lost access to my children, I don't talk to my family and I'm no longer on speaking terms with most of my friends. I don't blame them.

During my year in jail, I had enough time to reflect on all the damage it had caused and when I was to be released I knew I couldn't go back to that lifestyle.

You get far too much time to reflect in jail. I was constantly thinking about the kids, but I didn't decide to quit gambling because of them. The constant stress and 24/7 of thinking about gambling had destroyed me: physically, emotionally, and financially.

I knew if I didn't stop gambling it would kill me.

Get help before it's too late

I write this not because I find it a cathartic experience, but because I hope that it helps others to seek help before it's too late. Or for family and friends of addicts to intervene and offer support.

For people 'on the edge' or thinking about committing fraud, the solution is simple: get help.

Seek support before you hit rock bottom. The help that suited me the most was from my psychologist, one-on-one extended chats — but for others it may be Gamblers Anonymous.

For the family and friends of addicts: please don't give up on them, it's a horrendous disease and they need all the support you can give.

Life in 2017 is certainly not perfect, but it's a damn sight better than it has been.

I've got regular access to my children, I'm rebuilding lost relationships, I've found some temporary work — and I haven't had a bet since 2014.

Topics:gambling, internet-culture, family-and-children, fraud-and-corporate-crime, law-crime-and-justice, australia

First posted September 04, 2017 12:14:41

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