Jamie Nettleton is Partner, Gaming & Gambling Law at Addisons. He\u2019s just celebrated 21 years working with the firm.<\/p>\n
In regard to the gradual progress of harm minimisation measures in Australia and NSW, he says, \u201cThere\u2019s a realisation of how difficult it is to make some of the implementations that work in law, work in practice.\u201d<\/p>\n
NSW acts on scathing Auditor General report<\/p>\n
On 1 December, NSW Gaming Minister David Harris announced that more than 670 poker machine venues currently granted exemptions will be required to cease operating after 4am. Some venues are operating pokies non-stop.<\/p>\n
Clubs and pubs can appeal against the decision before 31 March to keep their exemption, but they must meet conditions imposed by the state\u2019s independent regulator.<\/p>\n
On 12 June this year, the NSW Auditor General delivered the Performance Report into the regulation of gaming machines under the Gaming Machines Act 2001 (NSW). It found that more than half of all gaming machines nationally are in NSW, and the regulatory authorities \u2013 the Independent Liquor and Gaming Authority (ILGA) and the Department of Creative Industries, Tourism, Hospitality and Sport \u2013 \u201care not supporting harm minimisation outcomes effectively\u201d.<\/p>\n
The clubs and hotels industry has plenty to protect, boasting $8.4 billion in net profits from gaming machines in 2023\u201324, and the NSW Government has also benefited to the tune of $2.3 billion in tax revenue from gaming machines in 2023\u201324.<\/p>\n
The report further found that 70 per cent of those gambling between 4am and 10am were \u201chigh risk or moderate risk gamblers\u201d, responsible for some of the $1 million lost to poker machines every hour in NSW.<\/p>\n
Nettleton says, \u201cI think [this measure] needs to be put in broader context in that the NSW Government have been trying to put in protections, such as cashless mechanisms, that are much more difficult to put into practice in terms of the investment required than they seem in theory. It\u2019s always very difficult for a government to be perceived to be putting in effective measures that address societal concerns.\u201d<\/p>\n
Alleged corruption in sports betting lands insiders in court<\/p>\n
Five men have been charged in Victoria with corrupt betting behaviour related to bets placed on the Brownlow Medal in 2021 and 2022. The former AFL umpire Michael Pell faces 19 charges, while the four others, including Pell\u2019s brother, face around 120 charges between them.<\/p>\n
Detectives from the Sporting Integrity Intelligence Unit charged two of the men with allegations of suspicious gambling detected on the 2021 and 2022 Brownlow Medal awards. The counts included undertaking a course of conduct to use corrupt conduct information for betting purposes and use corrupt conduct information for betting purposes \u2013 communicate information.<\/p>\n
The maximum penalties for these offences \u2013 cheating at gambling and obtain financial advantage by deception \u2013 is 10 years\u2019 imprisonment.<\/p>\n
The Age reported that \u201c[a]ccording to charge sheets, Michael Pell told three people which players would be awarded Brownlow votes in six games in 2021. He is also alleged to have bet on six games under the account name Lincoln Busby, court documents state. He allegedly placed bets under this name with Sportsbet, Ladbrokes and Neds in September 2021.\u201d<\/p>\n
One of the AFL\u2019s betting partners alerted the league to suspicious betting, resulting in a multi-agency investigation that found irregularities in betting on the Brownlow winner in 2022. The AFL initially denied suggestions of match or spot-fixing, only for revelations that the 2021 event had also attracted irregular betting behaviour.<\/p>\n
In NSW, offences were introduced in 2012 following recommendations from the Law Reform Commission as a response to an increase in online betting markets for sports events. In 2012, the\u00a0Crimes Amendment (Cheating at Gambling) Act 2012\u00a0(NSW)\u00a0section 193Q requires the prosecution to prove that:<\/p>\n
You possessed \u2018inside information\u2019 or \u2018corrupt conduct information\u2019 in connection with an event,
\nYou knew or were reckless as to whether the information was \u2018inside information\u2019 or \u2018corrupt conduct information\u2019, and
\nYou bet on the event, encouraged another person to bet on the event in a particular way, or communicated the information to another person who you knew or ought reasonably to have known would or would be likely to bet on the event.<\/p>\n
A maximum penalty of 10 years\u2019 imprisonment applies if corruption, actual or intended, is proven.<\/p>\n
A public health crisis<\/p>\n
According to the\u00a0Australian Institute of Health and Welfare<\/a>, \u201cgambling is a major public policy issue in Australia, affecting the health and wellbeing of individuals and families in a range of ways.\u201d<\/p>\n Alliance for Gambling Reform chief executive Martin Thomas told the ABC that the Northern Territory was able to act as a \u201cregulatory haven\u201d for foreign-owned bookmakers with \u201clow tax, light oversight and quick approvals\u201d under the present regulatory environment.<\/p>\n \u201cA single NT licence allows foreign companies to operate nationwide, bypassing stronger regulatory regimes in place in other states,\u201d he said.<\/p>\n On 25 November, Macarthur MP Mike Freelander told the ABC<\/a> that a ban on gambling advertising would pass parliament with a conscience vote. He was supported by Liberal Simon Kennedy and independent Kate Chaney, who \u2013 along with Freelander \u2013 are co-chairs of the Parliamentary Friends of Gambling Harm Minimisation group. The group is aiming to have gambling reform addressed during the next national Labor conference in July 2026.<\/p>\n In September, the Australian Gambling Research Centre survey of 3,881 Australian adults revealed that the number of Australian adults who have gambled at least once in the past 12 months had risen from 57 per cent in 2019 to 65 per cent in 2024. The most popular forms of gambling were lotteries, instant scratch tickets, poker machines, racing and sports betting. Queensland reported the highest rates of gambling (70.2 per cent), with Western Australia (69.6 per cent), South Australia (67.9 per cent) and New South Wales (63.9 per cent) ranking highly too.<\/p>\n The Australian Gambling Research Centre (AGRC) was established under the\u00a0Commonwealth Gambling Measures Act 2012 (Cth) and has been in operation since 2013 with a mandate to conduct research on gambling behaviour, trends, harms, prevention, treatment and policy.<\/p>\n Since 2020, online gambling has offered convenient, diverse offerings that have enticed Australians to take up betting via mobile apps and platforms. Online gambling and sports betting is an international phenomenon, so Australia is hardly an outlier, but the cost of an increase in new punters, or increased gambling activity by existing punters, is huge. In the 2022 \u2013 2023 period (as lockdowns and restrictions took place), the Queensland Government statistician\u2019s office reported national gambling losses of $32 billion, up from $25.6 billion prior to the pandemic. At the time, the Alliance for Gambling Reform (AFGR) called upon the Australian Government to implement the 31 recommendations put forward by a Labor-led parliamentary inquiry into gambling advertisements. That inquiry resulted in the report \u201cYou win some, you lose more\u201d in June 2023, ultimately calling for a comprehensive ban on online gambling advertising within three years. Further, the report advocated a ban on inducements, a levy on gambling companies and a new national regulator.<\/p>\n In September last year, CEO of the AFGR, Martin Thomas, told The Guardian: \u201cAustralians lose more to gambling than any other nation in the world because we have a grossly inadequate regulatory regime in which the gambling industry has been allowed to operate virtually unchecked, causing devastation to individuals, families and communities.\u201d<\/p>\n The call for a ban on all gambling advertising might disproportionately affect Australian operators, rather than offering blanket protection to the Australian public, however.<\/p>\n Nettleton says, \u201cYou\u2019d be causing those people subject to Australian law to comply with Australian law, but those operators outside of Australian law would have no effective restrictions, and that\u2019s one of the difficulties as far as enforcement. ACMA steps are not causing many of those operators to cease to provide gaming services to those in Australia.\u201d<\/p>\n He adds, \u201cThe other difficulty is that betting operators essentially contribute significant revenues to sporting bodies, racing bodies, media, and other parties, and they will also be adversely affected by some of these restrictions.\u201d<\/p>\n The legislative landscape<\/p>\n Nationally, online gambling in Australia is regulated\u00a0by the\u00a0Interactive Gambling Act 2001<\/a>\u00a0(Cth) (IGA), and in each state and territory independently within their jurisdictions. For New South Wales, the relevant legislation includes the:<\/p>\n It wasn\u2019t until June 2024, that the Australian Government introduced a ban on online gambling using credit cards, digital wallets, or cryptocurrency, overseen by the Australian Communications and Media Authority (ACMA). The federal measure lagged behind the states and territories, where credit card use had already banned for land-based gambling. Companies that do not enforce prohibitions on credit cards, credit-related products, and digital currencies could face fines of up to $247,500. A review of the ban is scheduled before June 2026 to ensure it is proving effective.<\/p>\n The 10 recommended consumer protection measures under the National Consumer Protection Framework for Online Wagering<\/a>, first agreed in 2018, have since been implemented.<\/p>\n In NSW, the\u00a0Betting and Racing Act 1998 (NSW) and Betting and Racing Regulation 2022 (NSW) regulate sports gambling, encompassing a range of consumer protections: a ban on advertising live odds and in-play betting during a sporting event and a ban on online operators offering credit or sending marketing to unsolicited individuals. Since mid-2023, people have been able to voluntary opt out via BetStop, though research indicates only 1 in 3 people are aware of BetStop\u2019s operation. In June, ACMA fined Tabcorp just over $4 million for sending over 5,700 unlawful marketing messages that provided no option to unsubscribe or opt out, a breach of spam laws. Last year, Tabcorp received a $4.6 million fine from the Victorian Gambling and Casino Control Commission for failing to adequately train staff in responsible gambling and sending direct marketing messages to a customer who had opted out.<\/p>\n Sport Integrity Australia (SIA) formed a task force in October this year to bring together law enforcement agencies, regulators, betting operators, and international and national sporting bodies to strengthen coordination and intelligence-sharing efforts aimed at preventing corruption in sport. In a statement<\/a>, SIA\u2019s Head of Strategy and International Policy, James Moller, said the task force will focus on prevention, deterrence and disruption initiatives across the many major events hosted in Australia in the lead up to Brisbane 2032 Olympic and Paralympic Games, starting with the 2026 AFC Women\u2019s Asian Cup, which Australia will host in March 2026.<\/p>\n