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Gambling is an activity undertaken by many Australians. Over 80% of Australian adults engage in gambling of some kind, which is the highest rate of gambling in the world.[1] This number includes some 4% of the adult population who play the pokies once a week, accounting for some 62% of locals’ annual gambling spend.[2]
Gambling is a significant public health issue, with around 80,000 to 160,000 (or 0.5 - 1.0%) of Australian adults experiencing significant problems from gambling and a further 250,000 to 350,000 (or 1.4 - 2.1% of adults) experiencing moderate risks that may make them vulnerable to problem gambling.[3]
- 2New South Wales
Revenue[edit]
In 2015-16, gambling revenue made up 7.7% of state and territory taxation revenue. The rate was lowest in Western Australia (2.5%) and highest in the Northern Territory (12.0%). Gambling revenue made up 2.5% of total state revenue when other revenue sources were taken into account. The rate was lowest in WA (0.9%) and highest in Victoria (3.2%). Gambling revenue as a portion of state taxation revenue has fallen for all states and territories between 2006–07 and 2015-16.[4]
Total Australian gambling revenue in 2008-09 was just over $19 billion and the share of household consumption was 3.1%[3]
New South Wales[edit]
New South Wales has a long history of gambling; Australia's first official horse racing meeting occurred in 1810 at Hyde Park in Sydney; the first official Australian lottery occurred in 1881 at the Sydney Cup; and registered clubs operated the first legal poker machines in Australia from 1956.[5]
Approximately 95,800 of 'pokies' are in NSW, a state total beaten only by Nevada, which operated 181,109 gambling machines in 2014.[6]
Between 1 December 2017 to 31 May 2018 NSW Clubs made a net profit of $1,945,161,625 and hotels made a net profit of $1,169,040,731 from pokies alone.[7]
Fairfield[edit]
Fairfield had the highest poker machine revenue in the state for 2013, generating $298 million in clubs and $93 million in pubs, from the start of the year to August.[8] This figure is $123 million greater than the combined total of profits generated from poker machines in the City of Sydney.[8]
Hunter Region[edit]
From January to March 2013 poker machines in the Hunter region had a turn over of $4.5 billion, showing an increase of $500 million since 2010.[9] Daily figures show a spend of $12.5 million, working out to be $8682 per minute.[9] The Office of Liquor Gaming and Racing found that Newcastle was the Hunter Regions most profitable location with the 3206 poker machines averaging $44,963 each.[9]The top five most profitable clubs for gaming revenue in the Hunter region in 2010 were:[10]
- 1. Western Suburbs Leagues Club (Wests), New Lambton
- 2. Wests (formerly Club Phoenix), Mayfield
- 3. Wallsend RSL & Community Club, Wallsend
- 4. Belmont 16 Foot Sailing Club, Belmont
- 5. Cardiff Panthers, Cardiff
The top five most profitable hotels for gaming revenue in the Hunter region in 2010 were.[10]
- 1. The George Tavern, East Maitland
- 2. Bay Hotel Motel, Bonnells Bay
- 3. Hotel Jesmond, Jesmond
- 4. The Lake Macquarie Tavern, Mount Hutton
- 5. Warners Bay Hotel, Warners Bay
Central Coast Region[edit]
According to the latest figures from Liquor and Gaming NSW there are 4,046 poker machines in 39 clubs on the Central Coast, and 626 poker machines in 29 hotels; making a total of 4,672 poker machines on the Central Coast. That means 2.37% of the total number of poker machines in Australia are on the NSW Central Coast.[11]
Gosford has approximately 1928 pokies, spread across 37 venues. That is the equivalent of one poker machine for every 71 adults. In 2010-11, venues in Gosford made approximately $95,865,000 in profit from pokies. That equates to $700 for each adult member of Gosford's population.[12]
Wyong has approximately 2608 pokies, spread across 35 venues. That is the equivalent of one poker machine for every 47 adults. In 2010-11, venues in Wyong made approximately $123,159,000 in profit from pokies. That equates to $1,000 for each adult member of Wyong's population.[12]
The Central Coast has a higher prevalence of problem gambling than the NSW average. Young men between the ages of 18-24 living on the Central Coast are the biggest players of poker machines in NSW and are the highest risk group for problem gambling.[13]
In 2008 Central Coast Gambling Help carried out a survey of 200 young people aged from 13-24 and found:
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- 96% of people from 18-24 had gambled for money or possessions
- 62% of those under 14 years old and 77% of those aged up to 17 had gambled for money or items, including mobile phones and MP3 players
- 25.5% of 14- to 17-year-olds and 55% of 18- to 24-year-olds had lost more than they had intended
- and 6% under 18 had played a poker machine[14]
Regulatory authorities[edit]
Since the introduction of new gambling services, including online gambling, the Commonwealth has taken a more active role in the regulation of gambling, but the Australian gambling industry is also regulated by State and Territory authorities:[15]
- Australian Capital Territory - ACT Gambling and Racing Commission
- New South Wales - New South Wales Office of Liquor, Gaming and Racing
- Northern Territory - Licensing Commission
- Queensland - Office of Liquor and Gaming Regulation
- South Australia - Independent Gambling Authority
- Tasmania - Tasmanian Gaming Commission
- Victoria - Victorian Commission for Gambling and Liquor Regulation
- Western Australia - Department of Racing, Gaming and Liquor
Key Legislation[edit]
Traditionally gambling has been legislated at a state and territory level rather than by the Commonwealth:[16]
- Australian Capital Territory
- Betting (ACTTAB Limited) Act 1964
- Casino Control Act 2006
- Gaming Machine Act 2004
- Interactive Gambling Act 1998
- Lotteries Act 1964
- Pool Betting Act 1964
- Race and Sports Bookmaking Act 2001
- Racing Act 1999
- Unlawful Gambling
- New South Wales
- Betting Tax Act 2001
- Casino Control Act 1992
- Charitable Fundraising Act 1991
- Gambling (Two-Up) Act 1998
- Gaming and Liquor Administration Act 2007
- Gaming Machines Act 2001
- Gaming Machines Tax Act 2001
- Liquor Act 2007
- Lotteries and Art Unions Act 1901
- Public Lotteries Act 1996
- Racing Administration Act 1998
- Registered Clubs Act 1976
- Totalizator Act 1997
- Unlawful Gambling Act 1998.
- Northern Territory
- Gaming Control Act 2005;
- Gaming Machine Act 2005;
- Northern Territory Licensing Commission Act 2001;
- Racing and Betting Act 2004;
- Soccer Football Pools Act 2004;
- Totalisator Licensing and Regulation Act 2004; and
- Unlawful Betting Act 2004.
- Queensland
- Brisbane Casino Agreement Act 1992
- Breakwater Island Casino Agreement Act 1984
- Cairns Casino Agreement Act 1993
- Casino Control Act 1982
- Charitable and Non-Profit Gaming Act 1999
- Gaming Machine Act 1991
- Interactive Gambling (Player Protection) Act 1998
- Jupiters Casino Agreement Act 1983
- Keno Act 1996
- Lotteries Act 1997
- Wagering Act 1998.
- South Australia
- Authorised Betting Operations Act 2000
- Casino Act 1997
- Gaming Machines Act 1992
- Lottery and Gaming Act 1936
- State Lotteries Act 1966
- Tasmania
- Gaming Control Act 1993
- TT-Line Gaming Act 1993
- Victoria
- Casino control Act
- Casino (Management Agreement) Act 1993
- Gambling Regulation Act 2003.
- Western Australia
- Betting Control Act 1954
- Bookmakers Betting Levy Act 1954
- Casino (Burswood Island) Agreement Act 1985
- Casino Control Act 1984
- Gaming and Betting (Contracts and Securities) Act 1985
- Gaming and Wagering Commission Act 1987
- Gaming and Wagering Commission (Continuing Lotteries Levy) Act 2000
- Racing and Wagering Western Australia Act 2003
- Racing and Wagering Western Australia Tax Act 2003
- Racing Restriction Act 2003
- Racing Bets Levy Act 2009
Online gambling[edit]
The Interactive Gambling Act (2001) was passed by the Australian Commonwealth Parliament on 28 June 2001.[17] It received assent on 11 July 2001[18]
The Act is targeted at online gambling operators, making it an offense for them to offer ‘real-money’ online interactive gambling to residents of Australia. It also makes it illegal for online gambling operators to advertise ‘real-money’ interactive gambling services (such as online poker and casino) to Australian citizens.[17]That being said, the amount spent on online gaming by Australians reached some $800 million by 2010, according to the official 2010 Productivity Report of the Australian Government.[2]
Accessing and using the interactive gambling services is not an offence. It is also allowed to companies based in Australia to offer their gambling services to gamblers located outside Australia with the exception of those countries that were called 'designated countries'.[19]
Taxation laws on gambling in Australia[edit]
Gamblers' winnings in Australia are not taxed[citation needed]. There are 3 main reasons for that:
- Gambling is not considered a profession, it's treated as a hobby or recreational activity.
- The Australian government views gains from gambling activities not as income, but as a result of good luck. Even if someone wins big, they also lose a lot in other gambling sessions.
- The government taxes gambling operators instead.[20]
Taxation of gambling operators in Australia differs from state to state and different gambling services are taxed in a different way. There are taxes on the turnover, on player loss and net profit. As gambling operators need to obtain a license to offer their services, certain fees must also be paid at this stage of gambling business development.[21]
The use of different tax rates and tax bases makes it difficult to compare taxes across states. For example, the ACT's keno tax rate of 2.53% of turnover is equivalent to a tax rate on gross profits of 10.12%.[22]
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Tax rates (2015–16)[23]
| EGMs in hotels | EGMs in clubs | EGMs in casinos | Keno | Table games in casinos (and keno in casinos in some instances) | |
|---|---|---|---|---|---|
| NSW | 0-50% of quarterly player loss, depending on quarterly player loss | 0-28.05% of quarterly player loss, depending on quarterly player loss (the rate peaks at 28.05% for $250,000-$450,000, then falls to 18.05% before rising to a maximum of 26.55% above $5 million) | 16.41-38.91% of gross revenue, depending on gross revenue, plus 2% Responsible Gambling Levy on gross gaming revenue | 8.91%-14.91% of player loss, depending on player loss | 16.41-38.91% of gross revenue, depending on gross revenue |
| Victoria | 8.33-62.53% of monthly average player loss (per machine), depending on by monthly average player loss, times by the average number of machines | 0-54.20% of monthly average player loss (per machine), depending on monthly average player loss, times by the average number of machines | 31.57-51.57% of gross gaming revenue, depending on gross revenue, plus a 1% Community Benefit Levy | 24.24% of player loss | 21.25-41.25% of gross revenue, depending on gross revenue, plus 1% Community Benefit Levy |
| Queensland | 35% of monthly taxable metered win (amount bet minus payout), plus Health Services Levy of 0-20% of monthly taxable metered win, depending on monthly metered win | 0-35.00% of monthly taxable metered win, depending on monthly metered win | 30% of monthly gross revenue (Gold Coast and Brisbane casinos), 20% of gross revenue (Townsville and Cairns casinos) | 29.40% of monthly gross revenue, excluding casino commissions (Jupiters Casino), 20% of monthly gross revenue (Gold Coast and Brisbane casinos), 10% of gross revenue (Townsville and Cairns casinos) | 20% of monthly gross revenue (Gold Coast and Brisbane casinos), 10% of gross revenue (Townsville and Cairns casinos) |
| Western Australia | N/A | N/A | 12.42% flat rate on gross gaming revenue, plus 2% Burswood Park Levy on gross revenue | 9.37% of player loss (domestic), 1.75% of player loss (international business) | 9.37% (domestic), 12.92% (fully automated table games) |
| South Australia | 0-65% of annual net gambling revenue, depending on annual net gambling revenue | Up to 41% of net gambling revenue | 41% of net gambling revenue | 3.41% of net gambling revenue (table games), 10.91% of net gambling revenue (fully automated table games) | |
| Tasmania | 25.88% of gross profit, plus 4% Community Support Levy | 25.88% on gross profit | 5.88% of gross profit | 0.88% of annual gross profit | |
| Northern Territory | 12.91-42.91% of monthly gross profits | 11% of gross profit (Lasseters Casino), 15% of gross profit (Skycity Darwin Casino), plus a 10% Community Benefit Levy | 10% of gross profit, reduced by the GST amount | The GST rate only | |
| Australian Capital Territory | 25.9% of gross monthly revenue, plus 0.6% Problem Gambling Assistance Fund Levy | 10.9% of gross revenue | 2.53% of turnover |
| Forms of taxation | Gambling Activity |
|---|---|
| Turnover tax | Bookmakers (racing) |
| Bookmakers (sports betting) | |
| Totalisator wagering on racing | |
| Lottery subscriptions | |
| Draw card machines | |
| Keno | |
| Tax on player loss | Totalisator wagering on racing |
| Sports betting | |
| Poker machines in hotels, clubs, casinos | |
| Casinos | |
| TAB sports betting | |
| Keno | |
| Net profits tax | Poker machines |
| Off-course totalisator investment | |
| Licence Fees | Casinos |
| Poker machines | |
| Lotteries | |
| Racing | |
| Bookmakers | |
| Sports betting | |
| Minor gambling (bingo, raffles) |
See also[edit]
Crown Casino Australia
References[edit]
- ^Bryant, Nick 'Australia in thrall of gambling mania', BBC, 30 January 2007
- ^ abAustralian Gambling Habits
- ^ abProductivity, Commission. 'Productivity Commission Inquiry Report'. pc.gov.au/. Australian Government. Retrieved 22 January 2015.
- ^Fourth social and economic impact study of gambling in Tasmania (2017), Volume 1: Industry trends and impacts(PDF). ACIL Allen Consulting. pp. 57–60. Retrieved 17 January 2018.
- ^Australian Institute of Gambling Research. 'Australian Gambling Comparative History and Analysis'(PDF). www.vcgr.vic.gov.au. Victorian Casino and Gaming Authority. Retrieved 29 January 2015.
- ^Ziolkowski, S. 'The World Count of Gaming Machines 2013'(PDF). www.gamingta.com. The Gaming Technologies Association. Retrieved 29 January 2015.
- ^McNally, Caroline. 'Gambling in Australia'. problemgambling.net.au. Central Coast Gambling Help.
- ^ abNeedham, Kristy. 'Punters in west pile money in pokies', 'The Sydney Morning Herald', Australia, 23 March 2014. Retrieved on 10 September 2014.
- ^ abcPage, Donna. 'Hunter punters blow $8682 a minute on pokies', 'Newcastle Herald', Australia, 4 October 2013. Retrieved on 9 September 2014.
- ^ abPage, Donna.'How the Hunter gambled $4bn', 'Newcastle Herald', Australia, 26 July 2010. Retrieved on 9 September 2014.
- ^Office of Liquor and gambin NSW 2018 https://www.liquorandgaming.nsw.gov.au/resources/gaming-machine-data
- ^ abMarkham, Francis. 'Who wins big from gambling in Australia'. theconversation.com. The Conversation. Retrieved 29 January 2015.
- ^ACNielsen. 'Prevalence of Gambling and Problem Gambling in NSW – A Community Survey 2006'. www.olgr.nsw.gov.au. NSW Office of Liquor, Gaming and Racing. Retrieved 29 January 2015.
- ^McNally, Caroline. 'Gambling in Australia'. problemgambling.net.au. Central Coast Gambling Help. Retrieved 29 January 2015.
- ^Parliament Library: Gambling Policy and Regulation
- ^Australian Gambling Statistics, 1986-87 and 2011-12, 29th Edition, 2004, p. 7.
- ^ abInteractive Gambling Act Receives Assent
- ^Interactive Gambling Act 2001: Compilation
- ^Review of the Interactive Gaming Act 2001
- ^Australia’s future tax system - Report to the Treasurer 2009[permanent dead link]
- ^ ab'Australian Gaming Council: Gamblng Taxes'(PDF). Archived from the original(PDF) on 22 March 2012. Retrieved 3 November 2011.
- ^Joint Select Committee on Future Gaming Markets: Final Report. Parliament of Tasmania. p. 146. Retrieved 11 January 2018.
- ^Joint Select Committee on Future Gaming Markets: Final Report. Parliament of Tasmania. pp. Tables 6–10. Retrieved 11 January 2018.
Tue, Mar 15, 2:43pm by Ethan Anderson
Last Updated Wed, Jan 8, 7:34am
Gambling laws and policy in Australia has traditionally been the responsibility of the states, rather than the Commonwealth. State and territory governments regulate and provide gambling services and rely heavily on the ensuing revenue. Recent developments have seen the Commonwealth take a more active role in this area.
The rapid adoption of new communications technologies by gambling industries has attracted their interest, as this is an area which falls within its constitutional responsibilities. The development of online gambling has significant implications for regulatory mechanisms, revenue collection and community welfare.
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This has promoted the Federal Government to pass legislation that stops Australian Internet gambling sites from providing services to Australians, but it doesn’t make it illegal for Australians to gamble online.
The Interactive Gambling Act
In 2001, the Interactive Gambling Act (IGA) was enforced with an eye towards curbing the perceived negative impacts of online gambling in Australia. Technical loopholes arose and Australia had no choice but to make changes to the law to protect those at risk of online gambling. Operators were the target of the act.
They were unable to advertise “real money” interactive online gambling to Australian residents. Australians were and still are, free to play online casinos located and licensed outside the country. In addition, Australian-based companies could offer gambling services to players abroad. This is as long as it wasn’t in a so-called “designated country”.
The IGA specified that as long as the operator was unaware, with due diligence, that they were offering their games to Aussie residents, they would be cleared of wrongdoing. This led to operators putting alerts, warnings and address checks in place before sign up.
A number of loopholes over the following decade, including punters using their mobile phone to place their wager during a live event caused the bill to be revived. The Interactive Gambling Amendment Bill 2016 was passed, which prohibited online casino gaming, even if the casino is legally licensed by a reputable offshore gambling jurisdiction.
Australian players won’t be penalised when gambling at unlicensed casino sites though. Online poker was also recently deemed illegal in Australia. Local players found themselves in the same boat as their American counterparts.
Sports betting and lotteries remain legal, with small amendments put in place to penalised “click-to-call” betting and unlicensed offshore betting companies offering bets to Australians.
Is Online Gambling Legal in Australia?
Parts of the Interactive Gambling Act show that not all kinds of web-based gambling operations are forbidden. The regulation of gambling operations is executed at two levels. First, there is the Federal Government that regulates the industry. The second level is gambling regulation by the state and territory authorities.
Online slot machines are legal for local players to access and have a large market in Australia. Poker is one of the most popular games at Australian casinos, but operating interactive poker websites in Australia is forbidden.
Bingo is legal in Australia and there are casinos that offer computer simulated bingo games. Some online lotteries are banned in Australia, but players are able to play Keno and buy local lotto tickets.
Is Gambling Legislated Federally or By the State/Territory?
Gambling laws are legislated federally and enforced and legislated locally, by and large. The ACT Racing and Gambling Commission is an independent statutory authority responsible for controlling and regulating all gaming, racing and betting activities in the ACT.
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The NSW Department of Gaming and Racing is responsible for the proper conduct and balanced development of gaming, racing, liquor and charity industries in NSW. The Racing and Gaming Authority administers gambling legislation in the NT. The NT Gaming Machine Commission is responsible for licensing gaming machines.
The Queensland Office of Gaming Regulation regulates gaming, casinos, art unions, lotteries and keno in Queensland. The Gaming Supervisory Authority is responsible for ensuring that there is effective supervision of the operations of casino and gaming licensees in South Australia. It is the function of the Office of the Liquor and Gaming Commissioner to provide the supervision of licensees.
The Tasmanian Gaming Commission regulates and controls gaming in Tasmania
The Victorian Casino and Gaming Authority regulates and monitors Victoria’s gambling activities.
The Office of Racing, Gaming and Liquor administers WA legislation dealing with these areas and carries out many of the operational functions of the Gaming Commission. This includes the provision of licensing, inspection and audit functions in respect of both casino and permitted gaming services.
Do These Gambling Laws Change If You Are Playing On Your Mobile?
These laws apply to playing casino games or sports betting on your mobile. There are mobile-compatible gambling sites based board that you can access through web browsers.
Are There Different Gambling Laws for Sports Betting, Poker and Casino Games?
There are thousands of sports betting retail outlets in Australia that provide local players with the opportunity to bet. There are a number of certified Australian-owned bookies that offer local customers the chance to try their luck in sports, racing and other events offered by these providers.
These are all deemed permissible, both online and on mobile devices. Online slot machines are legal for local players to access and have a large market in Australia.
Poker is one of the most popular games at Australian casinos, but operating interactive poker websites in Australia is forbidden.
Are Your Winnings Taxable in Australia?
In Australia, it is the gambling operators that are charged tax, not the players. The amount of tax the operators pay depends on the type of game. Also, on the location of the poker machines or casinos.
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There is no tax to pay for online Australian players either, despite a few online Australian casinos in operation.
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The only fees or charges a player might encounter when playing an online casino could be fees to withdraw or deposit money into international casino sites or when converting the Australians dollar into the website’s preferred currency.