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A casino licence permits the relevant casino to typically offer traditional table games and gaming machines. 2.1 What regulatory licences, permits, authorisations or other official approvals (collectively, "Licences") are required for the lawful offer of the Relevant Products to persons located in your jurisdiction? There are many pieces of legislation that are incidental to gambling activity (for example, legislation setting the applicable gambling tax rates). 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.
Any skill games and competitions with no element of chance are not typically regarded as gambling, but may fall within certain ‘interactive gaming’ regimes when operated online and be regulated by state and territory gambling regulators. Such sweepstakes games can be differentiated from ‘trade promotion lotteries’ which are common in the jurisdiction. "Every study shows that the person who gets in trouble with gambling, if they set their limits, money and time before they're in front of that mesmerising machine, actually set much more sensible limits," he said. Gamblers will be required to set limits for how long they play, how much they spend and lose, and will no longer be able to play when they reach any of these benchmarks.
All gambling-related licences issued by a state or territory are subject to strict requirements relating to responsible gambling and harm minimisation. There is also a federal Goods & Services Tax of 10% payable on net revenue from gambling products; however, state and territory taxation rates sometimes take this into account, and it is offset against taxation payable to state and territory governments. 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. In addition, that licensee currently pays the state a tax of 21.25% of its gross gaming revenue from table games and 31.57% of its gross gaming revenue from gaming machines in respect of regular players, together with a 1% community benefit levy. By way of example, putting aside a federal company tax of either 25% or 30% on profits and a goods and services tax (GST) of 10% on gross revenue, the sole casino licensee in Vic paid a multi-million-dollar licence fee to the state for the right to operate the only casino. State and territory taxation on casinos is determined on a case-by-case basis (typically during negotiations with the relevant state or territory government at the time).
This new addition is poised to elevate Brisbane’s gaming landscape, offering an extensive range of gaming options and entertainment. Spearheaded by Echo Entertainment, it promises a grand casino featuring 868 poker machines and 2,500 pokies upon its launch. Despite its relatively smaller size, it boasts over 500 gaming machines and an assortment of classic table games such as Blackjack, Roulette, and Baccarat. Housing more than 1,300 pokies and various table games, including exclusive offerings like Treasury 21 and the Treasury Wheel, this casino ensures an immersive gaming experience complemented by luxurious choices.
For completeness, it is worth noting that, to a lesser extent, local government bodies in most states and territories also regulate gambling from a local government and town planning perspective, but typically only as it relates to gaming machines and their operation within the relevant municipal district. Each of Australia’s eight mainland states and territories separately regulates gambling activities within each of their respective jurisdictions. Any skill games and competitions with no element of chance are not typically regarded as gambling, but may still fall within certain gaming regimes when operated in a land-based context.
Additional litigation involving alleged breaches of the AML/CTF Act is on foot against other casino and betting licensees at the time of writing. 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. The NSER, which operates under the name ‘BetStop’, commenced operations in August 2023. It is possible that these restrictions may become more restrictive once the Commonwealth government responds to the Australian House of Representatives report and recommendations into the online wagering sector, entitled ‘You Win Some You Lose More’.
The Victorian regulator subsequently announced in March 2024 that it was satisfied that Crown Melbourne was suitable to operate the casino and that it was in the public interest for the casino licence to remain in force. Casinos are generally subject to periodic Licence reviews (often every five years). Apart from Vic (where the licence expired in 2022 and two new non-exclusive licences were issued, each expiring in 2042), the key keno licences in Qld, NSW and ACT expire in 2047, 2050 and 2064, respectively. In relation to wagering and betting, apart from the NT (where the licences expire in 2035) and WA (where Retail Wagering and betting is operated by the state), the expiry dates of current Retail Wagering Licences are also similarly long-dated and range between 2044 and 2100. The duration of major operator licences depends upon the legislative framework in the relevant state or territory and is subject to possible change upon a licence renewal or new licence being issued.
Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities typically have perpetual licences, which are often administrative in nature and remain on issue, subject to the payment of periodic fees. Gaming machine permits/licences have typically been perpetual in Australia, other than in certain states such as Vic, which operate for 20 years from August 2022 onwards. 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. Retail operations are typically conducted using authorised agents and licensing distribution arrangements.
It is not illegal for an online gambling site to operate within Australia, however, these businesses can only legally offer their services to players outside of the nation’s borders. From posh casinos to popular pub pokies, and sports betting options, it is clear that there is plenty of demand for this type of entertainment. The independent auditor report had a list of 10 key recommendations to prevent further harm to Queensland communities. It found Queensland and Western Australia were the only jurisdictions with no legislated requirement for compliance. The report noted that gambling help services were under-utilised in regional and remote areas, even though they had the highest rate of problem gamblers. The amount lost to pokies was larger than all the casinos, lotteries, wagering operators, and Keno venues combined. Professional gamblers, like those betting full-time on sports or racing, face tax obligations.

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