Gambling Laws in Australia
Understanding Australian gambling legislation is essential for every player. Here's what you need to know about the legal framework, your rights, and your responsibilities.
Is Gambling Legal in Australia?
Yes, gambling is legal in Australia, but it is heavily regulated at both the federal and state/territory level. Australia has one of the most developed gambling industries in the world, with various forms of betting widely available including lotteries, sports betting, horse racing, poker machines (pokies), and casino table games.
The key piece of federal legislation is the Interactive Gambling Act 2001 (IGA), which regulates online gambling services offered to Australians. Under this act, it is legal for Australians to place bets online with licensed domestic operators, but it is illegal for companies to offer online casino games, poker, or in-play sports betting to Australian residents.
Each state and territory also has its own gambling legislation and regulatory body that governs land-based venues, licensing requirements, and responsible gambling obligations.
Legal Gambling Age
The minimum legal gambling age in Australia is 18 years old
This applies uniformly across all states and territories and covers all forms of gambling — casinos, poker machines, sports betting, lotteries, and online wagering.
Venues and online operators are legally required to verify the age of all customers. Providing false identification to access gambling services is a criminal offence. Parents and guardians should be aware that minors cannot legally enter gaming floors in casinos or use betting apps and websites.
Licensed vs Offshore Casinos
Licensed Australian Operators
- •Regulated by state/territory authorities (e.g., NSW Liquor & Gaming, VGCCC, OLGR QLD)
- •Required to comply with responsible gambling codes
- •Must offer self-exclusion tools and deposit limits
- •Customer funds are protected under Australian law
- •Disputes can be resolved through Australian regulators
- •Must participate in BetStop (National Self-Exclusion Register)
Offshore / Unlicensed Operators
- •It is illegal for offshore operators to offer gambling services to Australians under the IGA
- •No Australian regulatory oversight or consumer protection
- •No guarantee of fair games or payout of winnings
- •No responsible gambling tools or self-exclusion options
- •Risk of identity theft and financial fraud
- •ACMA actively works to block access to illegal offshore sites
Important: While individual players are not typically prosecuted for using offshore sites, they have zero legal protection if something goes wrong. The Australian Communications and Media Authority (ACMA) actively investigates and blocks illegal offshore gambling websites.
Types of Legal Gambling
Lotteries
LegalOperated by state-licensed bodies (e.g., The Lott). Powerball, Oz Lotto, Saturday Lotto, and scratch cards.
Sports Betting
Legal (Online & In-Person)Pre-match betting is legal with licensed operators. Live in-play betting is only permitted by phone, not online.
Horse & Greyhound Racing
LegalDeeply embedded in Australian culture. TAB and licensed bookmakers offer wagering on-course and online.
Poker Machines (Pokies)
Legal (Venues Only)Available in pubs, clubs, and casinos in all states except WA (casino-only). Online pokies are illegal.
Casinos
Legal (Licensed Venues)Each state/territory has licensed land-based casinos, including Crown Melbourne, The Star Sydney, and SkyCity Darwin.
Online Casino Games
IllegalOnline slots, roulette, blackjack, and poker offered to Australians by any operator (including offshore) are prohibited under the IGA.
Taxation on Gambling Winnings
Good news for recreational gamblers: In Australia, gambling winnings are generally not taxed for individual players. The Australian Taxation Office (ATO) considers gambling winnings to be the result of a hobby or recreational activity, not a professional income source.
This means that if you win money at a casino, on the pokies, from a lottery, or through sports betting, you typically do not need to declare it as income on your tax return and you will not pay income tax on those winnings.
Exceptions to Be Aware Of
- •Professional gamblers: If the ATO determines that gambling is your primary source of income or you operate it as a business, your winnings may be classified as assessable income and taxed accordingly.
- •Interest on winnings: If you deposit winnings in a bank account, any interest earned on that money is taxable like any other investment income.
- •Gambling operators: The operators themselves are taxed heavily by state governments. This is how the government generates revenue from the gambling industry — through operator taxes, not player taxes.
How Does Australia Compare?
Australia is one of the more player-friendly countries in the world when it comes to gambling taxation. By contrast, the United States taxes gambling winnings as income, and many European countries impose various levies on player winnings. In Australia, the tax burden falls on the operators, who contribute billions in gaming taxes annually to state and territory governments.
State & Territory Regulators
Each jurisdiction has its own gambling regulatory body responsible for licensing, compliance, and enforcement:
Key Federal Legislation
Interactive Gambling Act 2001 (IGA)
The primary federal law governing online gambling. Prohibits the supply of online casino games, in-play sports betting, and online poker to Australian residents. Amended in 2017 to strengthen enforcement against offshore operators.
National Consumer Protection Framework (2019)
A national framework introducing consistent responsible gambling measures across all states, including mandatory activity statements, voluntary pre-commitment schemes, and restrictions on inducements.
BetStop — National Self-Exclusion Register (2022)
Requires all licensed Australian online wagering operators to participate in a single national self-exclusion register, allowing individuals to ban themselves from all online betting platforms at once.
Advertising Restrictions (Ongoing)
Gambling advertising during live sport is increasingly restricted. The Australian Government has moved to phase out gambling ads during live sport broadcasts, with significant restrictions already in place for content before 8:30pm.
Your Rights as a Player
Concerned about your gambling? Help is available right now.