REGULATION IN AUSTRALIA
keno services at a national level. The Government notes that online keno is also exempt from gambling advertising rules. Against that background, the Bill provides that all online keno will be banned, including for current operators. This measure was surprising given that online keno was not the subject of any concern in the Murphy Report. It is unclear at this stage what research or statistics the Government is relying on to underpin this measure.
Ltd, which operates the platform LMCT+. LMCT+ provides a subscription service whereby subscribers are provided exclusive discounts with various retailers as well as entries into LMCT+’s extravagant giveaways. Giveaway prizes have previously included AUS$1 million cash, luxury vehicles and luxury houses. Over the past several years, there has been a considerable number of market entrants which adopt a similar structure to LMCT+, which the Response identifies as a concern. Consequently, the Bill narrows the definition of ‘trade promotion gambling service’ to exclude these types of subscription-style services. As a result, stricter criteria apply for a service to be considered a ‘trade promotion lottery’ which will effectively limit the number of subscription-style services which can be offered in Australia. Commentary The Response was met with significant backlash, mainly due to the timing of its release. It was released just hours before the 2026 Federal Budget, leading some critics to accuse the Government of trying to ‘bury’ it and leading Independent Senator, David Pocock, to call it ‘cowardly’ and ‘disrespectful’. 15 The Bill has similarly done little to quell criticism of the Government’s response – Western Australian MP Kate Chaney stated that it is ‘full of loopholes’ and David Pocock said that it was ‘smoke and mirrors when it comes to sport.’ 16 More to the point, however, the Bill has frustrated both sides of the debate. Gambling reform advocates have called the Response ‘timid’, while the betting industry has criticised the Government for failing to consult with industry stakeholders, arguing that an overregulated gambling market will simply
Foreign-matched lotteries
Foreign-matched lotteries effectively allow customers to participate in international lottery draws. Foreign-matched lotteries are currently classified as an ‘excluded lottery service’ in the Interactive Gambling Act (IGA) and are therefore not required to provide the consumer protection mechanisms set out therein. The Bill amends the definition of ‘excluded lottery service’ to exclude foreign matched lotteries. The effect of this exclusion is that foreign matched lotteries will no longer be permitted to operate in Australia.
Trade promotion lotteries
Trade promotion lotteries are a form of lottery which allows businesses to conduct draws and giveaway prizes to promote the sale of goods and services. While trade promotions are not regulated at the federal level (note that trade promotions are currently carved out of the definition of a ‘gambling service’ in the IGA), state and territory legislation contain provisions for the conduct of trade promotions, including, in some cases, the requirement to obtain a permit. 14 The popularity of trade promotions in Australia has arguably been led by the activities of Xclusive Tech Pty
14 See, eg, Community Gaming Regulation 2020 (NSW) s 14; Gambling Regulations 2015 (Vic) pt 5. 15 Nicole Asher, ‘Government Accused of “Burying” Response to Landmark Gambling Report with Budget Day Release’, ABC News (online, 12, May 2026) <https://www.abc.net.au/news/2026-05-12/government-accused-burying-response-peta-murphy-gambling-report/106639176>; Sam Buckingham-Jones, ‘“Cowardly”: Albanese Blasted for Burying Gambling Reform on Budget Day’, Australian Financial Review (online, 12 May 2026) <https://www.afr.com/companies/games-and-wagering/cowardly-albanese-blasted-for-burying-gambling-reform-on-budget-day- 20260512-p5zw0e>. 16 Tom Rabe, ‘“Loopholes and Deflections”: Opponents Slam Labor’s Gambling Reform’, Australian Financial Review (online, 31 May 2026) <https://www.afr.com/politics/federal/loopholes-and-deflections-opponents-slam-labor-s-gambling-reform-20260531-p602ew>.
IMGL MAGAZINE | JUNE 2026
PAGE 21
Made with FlippingBook flipbook maker