About our investigations
Outcomes for 2024
| Service | Breach |
|---|---|
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Spicy Jackpots* A Big Candy* |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the Interactive Gambling Act 2001 (IGA). The services typically offered casino-style games like blackjack, roulette, poker and slots played for money. They met the definition of a ‘prohibited service’ at section 5 of the IGA as they are gambling services provided in the course of carrying on a business, to customers using the internet. The services were provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). It has been an offence since 2001 to provide these types of services to customers in Australia. Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. Some services also offered wagering on sporting or racing events. These are ‘regulated interactive gambling services’ as defined at section 8E of the IGA and can only be provided to customers in Australia if the service provider has a licence, allocated by an Australian state or territory. A link to the formal warning is provided where issued. * The websites of these services were blocked by ISPs at the request of the ACMA as they continued to contravene the IGA. |
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Casino Australia Online* Pokies.bet* |
Advertising prohibition or ancillary contravention of the IGA by affiliate services These services publicise or promote online gambling services. They typically hold themselves out to independently review the best gambling services. They also typically provide direct hyperlinks to these gambling services and the owner of the affiliate service usually receives a direct benefit for doing so – in effect, a commission from the gambling service for sending customers to them. These services have been found to contravene one or both of the following provisions: Publishing designated interactive gambling service advertisements in Australia where the publication is not otherwise permitted under the IGA, in contravention of subsection 61EA(1A) or 61EA(2A) of the IGA. Some services have been found to contravene the advertising prohibition by publishing content that publicises or promotes prohibited and/or unlicensed regulated interactive gambling services in Australia. Ancillary contravention of a civil penalty provision of the IGA, by being directly or indirectly, knowingly concerned in, or party to, that contravention (subsection 64B(1) of the IGA adopts the civil penalty provisions of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) including section 92 ancillary contraventions). Some services have been found to be ancillary to a contravention of subsection 15(2A) or 15AA(3) of the IGA, by ‘being in any way, directly or indirectly, knowingly concerned in, or party to, the provision of prohibited and/or unlicensed regulated interactive gambling services, to Australian customers’. An ancillary is taken to have contravened the relevant civil penalty provision. A link to the formal warning is provided where issued. * The websites of these services were blocked by ISPs at the request of the ACMA as they continued to contravene the IGA. |
| DynamicOdds |
No contravention of subsection 15AA(3) of the Interactive Gambling Act 2001 – DynamicOdds did not provide an unlicensed regulated interactive gambling service with an Australian-customer link. The ACMA found that the DynamicOdds service does not meet the definition of a gambling service in the IGA and is therefore not an unlicensed regulated interactive gambling service. Relevantly, ‘gambling service’ in section 4 of the IGA means: (a) a service for the placing, making, receiving or acceptance of bets; or (b) a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; … The DynamicOdds service provides a form database and odds comparison service for thoroughbred, harness and greyhound racing. While there is a SmartBet feature that enables the customer access to their account with a licensed wagering operator, DynamicOdds does not place the bet on behalf of the customer. The customer must hold an account with the wagering operator and the transaction is directly between the customer and the wagering operator via API integration on the SmartBet feature. The SmartBet feature is not part of the subscription cost of DynamicOdds. The ACMA found that while the API assists customers to connect to their wagering provider, it does not make DynamicOdds a service ‘for the placing, making, receiving or acceptance of bets’. It was also found that SmartBet feature did not change the primary purpose of DynamicOdds service which was to provide information and odds comparisons. |
Outcomes for 2023
| Service | Breach |
|---|---|
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Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the Interactive Gambling Act 2001 (IGA). The services typically offered casino-style games like blackjack, roulette, poker and slots played for money. They met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as they are gambling services provided in the course of carrying on a business, to customers using the internet. The services were provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). It has been an offence since 2001 to provide these types of services to customers in Australia. Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. Some services also offered wagering on sporting or racing events. These are ‘regulated interactive gambling services’ as defined at section 8E of the IGA and can only be provided to customers in Australia if the service provider has a licence, allocated by an Australian state or territory. A link to the formal warning is provided where issued. * The websites of these services were blocked by ISPs at the request of the ACMA as they continued to contravene the IGA. |
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Online Casinos Australia* |
Advertising prohibition or ancillary contravention of the IGA by affiliate services These services publicise or promote online gambling services. They typically hold themselves out to independently review the best gambling services. They also typically provide direct hyperlinks to these gambling services and the owner of the affiliate service usually receives a direct benefit for doing so – in effect, a commission from the gambling service for sending customers to them. These services have been found to contravene one or both of the following provisions: Publishing designated interactive gambling service advertisements in Australia where the publication is not otherwise permitted under the IGA, in contravention of subsections 61EA(1A) or 61EA(2A) of the IGA. Some services have been found to contravene the advertising prohibition by publishing content that publicises or promotes prohibited and/or unlicensed regulated interactive gambling services in Australia. Ancillary contravention of a civil penalty provision of the IGA, by being directly or indirectly, knowingly concerned in, or party to, that contravention (subsection 64B(1) of the IGA adopts the civil penalty provisions of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) including section 92 ancillary contraventions). Some services have been found to be ancillary to a contravention of subsection 15(2A) of the IGA, by ‘being in any way, directly or indirectly, knowingly concerned in, or party to, the provision of prohibited and/or unlicensed regulated interactive gambling services, to Australian customers’. An ancillary is taken to have contravened the relevant civil penalty provision. A link to the formal warning is provided where issued. * The websites of these services were blocked by ISPs at the request of the ACMA as they continued to contravene the IGA. |
| Bloxflip |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA. The Bloxflip service allows players to use virtual currency (Robux) and limited edition ‘skins’ from the video game Roblox, to play casino-style games and other games of chance. ’Skins’ change the look of a player’s avatar in Roblox and can be obtained during video gameplay, purchased on the Roblox platform marketplace or via third party websites. Bloxflip requires players to sign into the service via a Roblox account and deposit Robux or skins (which are converted to Robux). Robux can also be purchased directly from the service. Robux earned during gameplay can be withdrawn into a player’s Roblox account as Robux or skins and then exchanged for real money on third party sites. The service met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as it was a ‘gambling service’ because the games were played for something of value (as the Robux or skins could be exchanged for real money), were games of chance and the customer gave consideration to play. The service was also provided in the course of carrying on a business to customers using the internet. This service was provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). This service has withdrawn from the Australian market. |
| CS:GO Roll |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA. The CS:GO Roll service allows players to deposit ‘skins’ from the video game Counter Strike: Global Offensive (CS:GO) which are exchanged for coins that can be used to bet on games of chance. ’Skins’ change the look of virtual items or characters and can be won during video gameplay or purchased via third party websites. CS:GO Roll operates on the Steam platform and requires players to sign into the service via a Steam account in order to deposit skins or to purchase coins directly on the service. Coins earned during gameplay can be used to purchase skins that can be withdrawn into a player’s Steam account and then exchanged for real money on third party sites. The service met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as it was a ‘gambling service’ because the games were played for something of value (as the skins or coins could be exchanged for real money), were games of chance and the customer gave consideration to play. The service was also provided in the course of carrying on a business to customers using the internet. This service was provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). Formal warning sent to Feral Holdings Limited in March 2023. This service has withdrawn from the Australian market. |
| Entain |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA – in the form of an in-play betting service. Entain Pty Ltd (Entain) provides wagering services under a licence issued by the Northern Territory Racing Commission. These services include the Ladbrokes and Neds wagering services. Entain was found to have provided a prohibited interactive gambling service under section 5 of the IGA in the form of an in-play betting service to customers physically present in Australia in contravention of subsection 15(2A) of the IGA. It accepted 78 online bets on 9 October 2022 on the final day’s play of the LIV Golf Invitational Bangkok after the event had begun. Specifically:
While 78 in-play bets were accepted, all were the result of the same input error and were placed on the same day. Consequently, as each contravention arose from a single course of conduct, a single penalty has been imposed. On 20 March 2023, the ACMA issued an infringement notice to Entain in the sum of $13,320, which was paid on 17 April 2023. The amount of the infringement notice was the maximum the ACMA could impose. In taking this action, the ACMA considered:
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| Best Bookies |
Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. The Best Bookies service provided a platform for customers to place bets with multiple bookmakers. It met the definition of a gambling service in the Interactive Gambling Act (IGA) as it was a service for the placing of bets and its dominant purpose was to introduce individuals wishing to place bets with licensed operators who were willing to receive or accept the bets. The Best Bookies service was a regulated interactive gambling service for the purposes of the IGA as it was an excluded wagering service (given it related to betting on racing and sporting events), and was provided in the course of carrying on a business using an internet carriage service (subsection 8E(1) of the IGA). These types of services must not be provided to customers physically present in Australia if the provider of the service does not hold a licence (however described) under a law of a State or Territory that authorises the provision of that kind of service in the State or Territory. Even though Best Bookies had obtained authorisations from the relevant state-based regulator, the ACMA is satisfied it did not hold the wagering licence required under the IGA. Consequently, the ACMA has found that the Best Bookies service is provided in contravention of subsection 15AA(3) of the IGA as it is an unlicensed regulated interactive gambling service with an Australian-customer link. Formal warning issued to Best Bookies’ Price Pty Ltd in July 2023 Best Bookies is no longer providing this service. |
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Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the Interactive Gambling Act 2001 (IGA) – in the form of an in-play betting service using Fast/Quick Codes. The ACMA found that the use of Fast/Quick Codes by 3 wagering operators was not compliant with the in-play betting prohibitions in the IGA. The wagering operators, licenced by the Northern Territory Racing Commission, were found to have provided a prohibited interactive gambling service to customers physically present in Australia in contravention of subsection 15(2A) of the IGA:
A Fast/Quick code is provided to a customer when they use the operators’ website or App to build an in-play wager. It is typically 2 to 4 alphanumeric characters (e.g. 2LD) and embeds the event, bet selection, and bet type of a customer’s in-play wager. When the customer calls the operator to place their bet over the phone, they quote the Fast/Quick Code along with the bet amount and confirm the bet. Telephone betting services are one of a number of exceptions under the IGA to the prohibition on in-play sports betting. However, telephone betting services relevantly require that the bet selection, bet type, bet amount and confirmation of the bet must be provided by a customer wholly via a voice call. The ACMA found that the wagering operators’ systems individually generated Fast/Quick Codes for each particular in-play bet when that bet was built by a customer via the service’s website or App–at least for the first customer. In these cases, the ACMA found that the betting information encapsulated in the Fast/Quick Codes had been communicated to the wagering operators’ service via the website or App, rather than via the voice call (as required for the telephone betting exception to apply). In response to the ACMA’s findings, each wagering operator has taken steps to change its systems and bring its Fast/Quick Code services into compliance with the IGA. These steps mean that Fast/Quick Codes will be generated by the operator prior to the events commencing, independent of a customer selecting that bet. They will be generic and the same for all customers. In view of these steps taken, the ACMA has decided not to take enforcement action at this time. Investigation report – Hillside (Australian New Media) Pty Limited Investigation report – Sportsbet Pty Ltd Investigation report – Entain Group Pty Ltd |
Outcomes for 2022
|
Service (s) |
Breach |
| Sportsbet |
No contravention of subsection 15(2A) of the Interactive Gambling Act 2001 – Sportsbet did not provide a prohibited interactive gambling service in the form of an in-play betting service. No contravention of subsections 61DA(1A) and (3) of the Interactive Gambling Act 2001 – Sportsbet did not broadcast a designated interactive gambling service advertisement or authorise, or cause, a designated interactive gambling service advertisement to be broadcast in Australia. The ACMA conducted an investigation into whether, during the Brownlow medal-count broadcast by Channel 7 on 18 September 2022, Sportsbet:
In-play betting service Section 10B of the IGA provides that a gambling service is an in-play betting service to the extent to which:
The IGA does not include a definition of a sporting event. Therefore, the ACMA has considered its ordinary meaning. The ACMA found that while the Brownlow medal count relates to the performance of players in sporting events, the televised presentation is not a sporting event itself, nor is the outcome of the count, which is determined by votes awarded by umpires at the conclusion of each match, a contingency that happens in the course of a sporting event. Therefore, the ACMA has found that Sportsbet did not offer a prohibited interactive gambling service, in the form of in-play betting during the Brownlow medal count. Given this finding, it follows that Sportsbet did not contravene the advertising prohibitions in the IGA by authorising the broadcast of betting markets during the Brownlow medal count. Consideration of betting on other awards relating to sporting events The ACMA also considered betting markets offered by Sportsbet on the Norm Smith medal (AFL) and the Clive Churchill medal (NRL) These awards are made based on the performance of players during an individual match, with the award winner selected and announced at the conclusion of the event by officials or independent persons. The selection of the winner is not dependant on the outcome of the sporting event. As with the Brownlow Medal Count, the ACMA did not consider these awards to be a sporting event, or a contingency that may or may not happen in the course of a sporting event. Therefore, the ACMA did not consider the betting markets on the outcome of these awards to be in-play betting services under the IGA. |
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Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the Interactive Gambling Act 2001 (IGA). The services typically offered casino-style games like blackjack, roulette, poker and slots played for money. They met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as they are gambling services provided in the course of carrying on a business, to customers using the internet. The services were provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). It has been an offence since 2001 to provide these types of services to customers in Australia. Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. Some services also offered wagering on sporting or racing events. These are ‘regulated interactive gambling services’ as defined at section 8E of the IGA and can only be provided to customers in Australia if the service provider has a licence, allocated by an Australian state or territory. A link to the formal warning is provided where issued * The websites of these services were blocked by ISPs at the request of the ACMA as they continued to contravene the IGA. |
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Pokies Online Casino* CasinoAus* Australian Casino Sites* AU Online Casino* Top AU Casino Gamble Online* Top 10 Casinos Casinority* AU Casinos List |
Advertising prohibition or ancillary contravention of the IGA by affiliate services These services publicise or promote online gambling services. They typically hold themselves out to independently review the best gambling services. They also typically provide direct hyperlinks to these gambling services and the owner of the affiliate service usually receives a direct benefit for doing so – in effect, a commission from the gambling service for sending customers to them. These services have been found to contravene one or both of the following provisions: Publishing designated interactive gambling service advertisements in Australia where the publication is not otherwise permitted under the IGA, in contravention of subsections 61EA(1A) or 61EA(2A) of the IGA. Some services have been found to contravene the advertising prohibition by publishing content that publicises or promotes prohibited and/or unlicensed regulated interactive gambling services in Australia. Ancillary contravention of a civil penalty provision of the IGA, by being directly or indirectly, knowingly concerned in, or party to, that contravention (subsection 64B(1) of the IGA adopts the civil penalty provisions of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) including section 92 ancillary contraventions). Some services have been found to be ancillary to a contravention of subsection 15(2A) of the IGA, by ‘being in any way, directly or indirectly, knowingly concerned in, or party to, the provision of prohibited and/or unlicensed regulated interactive gambling services, to Australian customers’. An ancillary is taken to have contravened the relevant civil penalty provision. A link to the formal warning is provided where issued. * The websites of these services were blocked by ISPs at the request of the ACMA as they continued to contravene the IGA. |
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Bet Right |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA – in the form of an in-play betting service. Bet Right operates under a licence issued to IRPSX Pty Ltd (IRPSX) by the Northern Territory Racing Commission. IRPSX was found to have provided an in-play betting service as it accepted 11 online in-play sporting bets on 21 November 2021 and one online in-play sporting bet on 21 December 2021 after the events had commenced (section 10B of the IGA). As the service relates to betting on a sporting event, and the service is an in-play betting service, it is not an excluded wagering service (subsection 8A(3) of the IGA) and it is therefore a prohibited interactive gambling service (section 5 of the IGA). The provision of this service to a customer physically present in Australia contravened subsection 15(2A) of the IGA. A contravention of subsection 15(2A) is committed each day a contravention occurs, regardless of the number of contraventions on that day. The matter was self-reported by Bet Right who took the following actions:
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| Lootie |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA. The Lootie service involved paying to open a mystery box to win virtual or physical items of varying values. It met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as it was a ‘gambling service’ because the games were played for something of value, were games of chance and the customer gave consideration to play. The service was also provided in the course of carrying on a business to customers using the internet. This service was provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). Formal warning sent to Lootie Limited in April 2022. This service has withdrawn from the Australian market. |
| Lotto Express |
Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. Lotto Express is a service for the supply of lottery tickets. Australian customers were able to submit an order for a ticket in offshore lotteries, and the customer would be provided with a copy of the purchased ticket. This type of service is an ‘excluded lottery service’ (section 8D of the IGA) and therefore a ‘regulated interactive gambling service’ (section 8E of the IGA), which can only be provided to customers in Australia if the service provider has a licence allocated by an Australian state or territory. No Australian licence had been issued for the Lotto Express service. Formal warning sent to Lotto Express in April 2022. The service has withdrawn from the Australian market. |
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Zbet |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA – in the form of an in-play betting service. Zbet operates under a licence issued to Zbet Pty Ltd by Liquor & Gaming NSW. Zbet Pty Ltd was found to have provided an in-play betting service as it accepted one online in-play sporting bet on 15 February 2022. As the service relates to betting on a sporting event, and the service is an in-play betting service, it is not an excluded wagering service (subsection 8A(3) of the IGA) and it is therefore a prohibited interactive gambling service (section 5 of the IGA). The provision of this service to a customer physically present in Australia contravened subsection 15(2A) of the IGA. The matter was self-reported by Zbet who took the following actions:
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Proxous Advanced Solutions Limited (formerly Arrontech Software Limited) |
Ancillary contravention of a civil penalty provision of the IGA, by being directly or indirectly, knowingly concerned in, or party to, that contravention (subsection 64B(1) of the IGA adopts the civil penalty provisions of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) including section 92 ancillary contraventions). Proxous Advanced Solutions Limited (Proxous) is the master licence holder for Realtime Gaming (RTG) branded software products (including online games) and is involved in the production and sub-licensing of these games. Proxous was found to be involved in the primary contraventions of 13 online casino-style services the ACMA had previously found to be provided to Australian customers in breach of subsection 15(2A) of the IGA: Fair Go Casino, Two Up Casino, Free Spin, BoVegas, Uptown Pokies, Uptown Aces, Red Dog Casino, Slots Empire, Cherry Gold Casino, Play Croco, Aussie Play, Ozwin Casino and Reels Of Joy. This was through its participation in the production and sub-licensing of the RTG branded software products which were relied on by these services. As an ancillary to the primary contravention of the 13 online casino services, Proxous and its sole director at the time, Stephen Barnes, are also taken to have contravened the relevant civil penalty provision. Formal warning sent to Proxous in August 2022. |
| 8Xbet |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the Interactive Gambling Act 2001 (IGA). Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. The 8Xbet service offered casino-style games like blackjack, roulette, poker and slots played for money, as well as wagering on sporting or racing events including in-play betting on sporting events. The casino-style games met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as they are gambling services provided in the course of carrying on a business, to customers using the internet. The in-play betting service is not an excluded wagering service (subsection 8A(3) of the IGA) and is therefore also a prohibited interactive gambling service (section 5 of the IGA). Wagering on sporting or racing events (other than in-play betting) are ‘regulated interactive gambling services’ as defined at section 8E of the IGA and can only be provided to customers in Australia if the service provider has a licence, allocated by an Australian state or territory. No Australian licence had been issued for the 8Xbet service The service was provided to customers physically present in Australia, meeting the requirement of having an Australian-customer link (as defined in section 8 of the IGA). The 8xbet service has withdrawn from the Australian market. |
| Elitebet |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA – in the form of an in-play betting service. Elitebet operates under a licence issued by Liquor & Gaming NSW. Elitebet was found to have provided an in-play betting service as it accepted one bet on the outcome of an ice hockey game held on 14 March 2022, after the game had commenced (section 10B of the IGA). As this service relates to betting on a sporting event, and the service is an in-play betting service, it is not an excluded wagering service (subsection 8A(3) of the IGA) and it is therefore a prohibited interactive gambling service (section 5 of the IGA). The provision of this service to a customer physically present in Australia contravened subsection 15(2A) of the IGA. Elitebet has enhanced its system controls around the closure of betting markets and voided the bet that was the subject of the investigation. Formal warning sent to Elitebet in November 2022. |
Outcomes for 2021
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Service (s) |
Breach |
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Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the Interactive Gambling Act 2001 (IGA). The services typically offered casino-style games like blackjack, roulette, poker and slots played for money. They met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as they are gambling services provided in the course of carrying on a business, to customers using the internet. The services were provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). It has been an offence since 2001 to provide these types of services to customers in Australia. Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. Some services also offered wagering on sporting or racing events. These are ‘regulated interactive gambling services’ as defined at section 8E of the IGA and can only be provided to customers in Australia if the service provider has a licence, allocated by an Australian state or territory. # Formal warnings were issued to these services. * The websites of these services were blocked by ISPs at the request of the ACMA as they continued to contravene the IGA. |
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Advertising prohibition or ancillary contravention of the IGA by affiliate services These services publicise or promote online gambling services. They typically hold themselves out to independently review the best gambling services. They also typically provide direct hyperlinks to these gambling services and the owner of the affiliate service usually receives a direct benefit for doing so – in effect, a commission from the gambling service for sending customers to them. These services have been found to contravene one or both of the following provisions: Publishing designated interactive gambling service advertisements in Australia where the publication is not otherwise permitted under the IGA, in contravention of subsections 61EA(1A) or 61EA(2A) of the IGA. Some services have been found to contravene the advertising prohibition by publishing content that publicises or promotes prohibited and/or unlicensed regulated interactive gambling services in Australia. Ancillary contravention of a civil penalty provision of the IGA, by being directly or indirectly, knowingly concerned in, or party to, that contravention (subsection 64B(1) of the IGA adopts the civil penalty provisions of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) including section 92 ancillary contraventions). Some services have been found to be ancillary to a contravention of subsection 15(2A) of the IGA, by ‘being in any way, directly or indirectly, knowingly concerned in, or party to, the provision of prohibited and/or unlicensed regulated interactive gambling services, to Australian customers’. An ancillary is taken to have contravened the relevant civil penalty provision. # Formal warnings were issued to these services. * The websites of these services were blocked by ISPs at the request of the ACMA as they continued to contravene the IGA. |
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Play Up Interactive |
Providing credit to a customer of a regulated interactive wagering service who was physically present in Australia in contravention of paragraph 15C(3)(a) of the IGA Most interactive wagering operators are banned from providing, offering to provide, or facilitating the provision of credit to customers, or prospective customers, who are physically in Australia. The prohibitions do not extend to the use of credit cards as they are explicitly excluded from the offence provisions in section 15C of the IGA. The prohibitions are intended to reduce the risk of credit being provided to individuals who gamble beyond their capacity to pay. ‘Credit’ is provided where there is a contract, arrangement or understanding between the wagering operator and the customer for payment of a debt owed by the customer to be deferred, or the customer incurs a deferred debt to the wagering operator (see section 11A of the IGA). Play Up Interactive Pty Ltd was found to have provided credit to a customer between 16 June 2018 and 5 October 2018, by accepting 33 bets when there were insufficient funds in the customer’s account. Formal warning sent May 2021. |
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Paramount Poker/Eclipse Poker |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA. This service was provided via a poker app, which allowed users to create their own private poker clubs. Through these private clubs, the club owner exchanged real money provided by a player for chips that could be used to play poker on the app. The chips could be cashed out for real money at the end of play. This service met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as it is a gambling service provided in the course of carrying on a business, to customers using the internet. The service was provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). Formal warnings were sent to Jake Parsons, Corey Robinson and Benjamin Denton in July 2021. |
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Tabcorp |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA – in the form of an in-play betting service. Tabcorp was found to have provided an in-play betting service as it accepted 37 bets on the outcome of an NCAA college basketball game held on 3 January 2021, after the game had commenced (section 10B of the IGA). As this service relates to betting on a sporting event, and the service is an in-play betting service, it is not an excluded wagering service (subsection 8A(3) of the IGA) and it is therefore a prohibited interactive gambling service (section 5 of the IGA). The provision of this service to a customer physically present in Australia contravened subsection 15(2A) of the IGA. A contravention of subsection 15(2A) is committed each day a contravention occurs, regardless of the number of contraventions on that day. Formal warning sent to Tabcorp Holdings Ltd in November 2021. |
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We Love Lotto |
Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. We Love Lotto is a service for the supply of lottery tickets. Australian customers were able to submit an order for a ticket in an offshore lottery, an agent in that country would purchase the ticket on their behalf and the customer would be provided with a scanned copy of the purchased ticket. This type of service is an ‘excluded lottery service’ (section 8D of the IGA) and therefore a ‘regulated interactive gambling service’ (section 8E of the IGA), which can only be provided to customers in Australia if the service provider has a licence allocated by an Australian state or territory. No Australian licence had been issued for the We Love Lotto service. Formal warning sent to Ardua Ventures Ltd in October 2021. The website of this service was blocked by ISPs at the request of the ACMA as it continued to contravene the IGA. |
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Giant Lotto |
Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. The Giant Lotto service is for the supply of lottery tickets. Australian customers were able to submit an order for a ticket in an offshore lottery, a ticket in that lottery would be purchased on their behalf and the customer would be provided with an e-ticket receipt. This type of service is an ‘excluded lottery service’ (section 8D of the IGA) and therefore a ‘regulated interactive gambling service’ (section 8E of the IGA), which can only be provided to customers in Australia if the service provider has a licence, allocated by an Australian state or territory. No Australian licence had been issued for the Giant Lotto service. This service has withdrawn from the Australian market. |
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Multi Lotto |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA – in the form of a service relating to betting on the outcome of a lottery The Multi Lotto service offered wagering on the outcome of a lottery. As this type of service is not an excluded wagering service (subsection 8A(5)(c)(iii) of the IGA), it therefore met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as it is a gambling service provided in the course of carrying on a business to customers using the internet. The provision of this service to a customer physically present in Australia, contravened subsection 15(2A) of the IGA. It has been an offence since 2018 to provide wagering on the outcome of lotteries to customers in Australia. This service has withdrawn from the Australian market. |
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Betmaster |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA – in the form of an in-play betting service. Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. This service has withdrawn from the Australian market. |
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Full House Bingo |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA. The Full House Bingo service offered bingo games via Facebook. It met the definition of a ‘prohibited interactive gambling service’ at section 5 of the IGA as it was a ‘gambling service’ because the bingo games were played for money, were games of chance and the customer gave consideration to play. The service was also provided in the course of carrying on a business to customers using the internet. The service was provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). This service has withdrawn from the Australian market. |
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Neon Ball Master |
Providing a prohibited interactive gambling service that has an Australian customer link in contravention of subsection 15(2A) of the IGA. Publishing designated interactive gambling service advertisements in Australia where the publication is not otherwise permitted under the IGA, in contravention of subsections 61EA(1A) or 61EA(2A) of the IGA. The Neon Ball Master app provided access to a game that involved balls randomly dropping into columns, with prizes offered including PayPal cash. The app had a subscription option that met the definition of a gambling service as it was a game played for money, which involved chance, and a customer provided consideration in the form of a subscription to the service to play. The service was provided to customers physically present in Australia, meeting the requirement of having an ‘Australian-customer link’ (as defined in section 8 of the IGA). The Neon Ball Master app (and Neon Plinko app) also included advertisements for apps which when downloaded opened to real money online casinos. This service is no longer contravening the IGA. |
| Red Fox Lotto |
Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. Red Fox Lotto is a service for the supply of lottery tickets. Australian customers were able to submit an order for a ticket in an offshore lottery, an agent in that country would purchase the ticket on their behalf and the customer would be provided with a scanned copy of the purchased ticket. This type of service is an ‘excluded lottery service’ (section 8D of the IGA) and therefore a ‘regulated interactive gambling service’ (section 8E of the IGA), which can only be provided to customers in Australia if the service provider has a licence allocated by an Australian state or territory. No Australian licence had been issued for the Red Fox Lotto service. Formal warning sent to White Lotto B.V. in November 2021. The website of this service was blocked by ISPs at the request of the ACMA as it continued to contravene the IGA. |
| Lottery.com |
Providing an unlicensed regulated interactive gambling service that has an Australian customer link in contravention of subsection 15AA(3) of the IGA. Lottery.com is a service for the supply of lottery tickets. Australian customers were able to submit an order for a ticket in an United States lottery, and the customer would be provided with a copy of the purchased ticket. This type of service is an ‘excluded lottery service’ (section 8D of the IGA) and therefore a ‘regulated interactive gambling service’ (section 8E of the IGA), which can only be provided to customers in Australia if the service provider has a licence allocated by an Australian state or territory. No Australian licence had been issued for the Lottery.com service. Formal warning sent to Lottery.com in December 2021. The service has withdrawn from the Australian market |
