REGULATION IN AUSTRALIA
Boosting enforcement against illegal operators
The ACMA has been active in enforcing operators’ BetStop obligations – for example, Tabcorp Holdings recently paid a penalty of AUS$112,680 and agreed to enter into a court enforceable undertaking for failing to comply with its BetStop obligations. 12 Since its introduction, over 60,000 Australians have registered to self-exclude. In February, 2026, the Government published the Report of the Statutory Review of BetStop (BetStop Report), finding that it is delivering well on its objectives; however, it identified several areas which could be improved. These areas include: greater promotion to increase awareness of BetStop, ongoing data matching to reduce opportunities for users to circumvent BetStop, and expanding BetStop’s scope to cover online keno and similar products. The Bill introduces measures to strengthen BetStop in line with the recommendations and findings from the BetStop Report. Addressing harmful and emerging online lottery products The Government notes the emergence of new products which are ‘contrary to the intent and spirit of the IGA [Interactive Gambling Act]’ and which, the Government argues, do not have appropriate consumer protection mechanisms in place. We address these products below.
The Australian online gambling black market has seen significant growth in recent years, with the Government predicting that it will be valued at AUS$5 billion by 2029. The ACMA is currently empowered to block illegal gambling sites and does so on a regular basis. However, the Response outlines that ‘the regulatory requirements are onerous and prohibit the ACMA from being able to investigate and respond rapidly’. To address this, the Bill implements measures to prevent illegal sites from operating in Australia. For example, it empowers banks to block financial transactions between Australian bank accounts and illegal gambling operators, as well as extending the ACMA’s powers to block illegal sites and expanding the scope of the ban on advertising illegal sites. While these measures are said to ‘reduce the adverse effects of illegal online gambling on Australians’, their effectiveness and the exact methods used to achieve these objectives is yet to be seen. With similar issues arising in other regulated gambling markets overseas, it will be interesting to see whether Australia’s approach will have a greater effect in limiting the availability of offshore gambling operators to Australian customers. Strengthening the operation of BetStop As part of the National Consumer Protection Framework – where the federal government and all eight states and territories agreed to introduce into their legislative structure 10 mandatory consumer protection measures applicable to online wagering operators – the National Self-Exclusion Register, BetStop, was introduced on 21 August, 2023. 11 BetStop allows Australian customers to self-exclude from Australian telephone and online wagering operators for a period anywhere between three months to permanently.
Online Keno
Contrary to traditional keno, online keno products are now offered as, some stakeholders claim, a ‘highly repetitive, rapid play gambling product, with high spend limits and high frequency “draws”, with some offerings allowing customers to spend up to AUS$1,000 every 3 minutes’. 13 As detailed above, BetStop currently does not cover online keno, meaning that consumers cannot self-exclude from online
australias-under-16-social-media-ban-begins>. 11 Jamie Nettleton, Brodie Campbell and Jak Yasuda, ‘Gaming: Australia’, Lexology: Panoramic (30 April, 2026). 12 ‘Six Wagering Providers Breach Gambling Self-Exclusion Rules’, ACMA (Media Release, 29 January 2026) <https://www.acma.gov.au/arti- cles/2026-01/six-wagering-providers-breach-gambling-self-exclusion-rules>. 13 Richard Eccles, Report of the Statutory Review of BetStop – the National Self-Exclusion Register (Report, December, 2025) 7–8
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IMGL MAGAZINE | JUNE 2026
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