Online wagering and sports betting providers

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Online wagering in Australia

Online wagering is legal in Australia if the Wagering Service Provider (WSP) is licenced in an Australian state or territory.

The Australian Communications and Media Authority's (ACMA) role is to enforce the Interactive Gambling Act 2001(opens in a new window). This legislation covers all online gambling that is done via websites, apps, or telephone.

ACMA provides a list of all legal gambling operators in Australia. For more info visit: Check if a gambling operator is legal | ACMA.

ACMA also investigates illegal online gambling providers. For more info visit: Investigations into online gambling providers | ACMA

The role of the VGCCC

The Victorian Gambling and Casino Control Commission (VGCCC) registers Victorian Bookmakers including partnerships and corporate entities. These organisations can only offer an online betting service if the co-regulator (e.g. Racing Victoria) issues an off-course permit. Visit Victorian bookmakers(opens in a new window) for a complete list.

In addition to registering Victorian bookmakers, the VGCCC also monitors all WSPs (including those based in other states and territories) to ensure they are compliant with the National Consumer Protection Framework (NCPF). The NCPF for online wagering is a set of standard minimum protections for those who gamble online.

These protections have been agreed to by the Australian Government as well as all states and territories. All online wagering providers must adhere to the standards.

The VGCCC is responsible for monitoring the following 6 measures for any online wagering offered to Victorians:

  1. restrictions on inducements
  2. account closure
  3. voluntary opt-out pre-commitment scheme
  4. activity statements
  5. consistent gambling messaging
  6. staff training.

WSP responsibilities

If offering betting services to Victorians, a WSP must comply with the:

Victorian WSPs must also comply with:

  • conditions under their peak body
  • restriction to only offering markets on approved betting events
  • Ministerial Direction: Responsible Gambling Codes of Conduct
  • directions to gambling industry participants (section 10.4A.4)
  • directions to nominees and associates of gambling industry participants (under section 10.4A.4).

Approved betting events

An approved betting event is an event or class of events that the VGCCC has deemed suitable for betting purposes.

A Victorian bookmaker (and the Wagering and Betting Licence) can only offer wagering markets on approved betting events. View the list of approved betting events here.

*Note: If the approved betting event has an approved Sports Controlling Body, an integrity agreement must be in place.

Prohibition under 4.5.29 of the Act

The VGCCC may ban a contingency related to a betting event if it decides the contingency:

  • might expose the event to unmanageable integrity risks
  • is offensive
  • is contrary to the public interest
  • is unfair to investors, or
  • should be prohibited for any other reason.

For more information, view the list of prohibited contingencies.

Sports Controlling Bodies

If a WSP wants to offer a wagering market on a sport, it must first check if the sport is controlled by an approved Sports Controlling Body (SCB).

A SCB is an entity that has been approved by the VGCCC to ensure the betting integrity of the sport and sports events it controls.

For more information, view this list of sports controlling bodies.

Integrity agreements

An integrity agreement known as a Product Fee and Integrity Agreement (PFIA) must be in place for any WSP to offer wagering markets on a SCB event.

A PFIA legally requires integrity information be shared between a WSP and a SCB. Dependent upon the agreement terms, a fee may be payable to the SCB so it can fund its integrity programs.

*Note: If a WSP offers a betting market without a PFIA in place, it's a breach of section 4.5.22 of the Act. A 120-penalty unit applies.

WSP and SCB agreement dispute

If a SCB and WSP are unable to reach agreement, the WSP can apply to the Commission for a determination under section 4.5.26 of the Act.

The Commission will only determine the application if the SCB has unreasonably refused or failed to enter into an agreement with a WSP. This includes consideration of whether both parties have engaged in genuine negotiations and there is no reasonable resolution in sight.

The VGCCC will then:

  • seek information from the relevant SCB
  • assess the information, and
  • decide if the SCB has failed (or refused) to enter an agreement.

The VGCCC may under section 4.5.28 of the Act recover reasonable costs associated with investigating any dispute.

If the Commission agrees that an SCB has been unreasonable, a compulsory determination will occur (under section 4.5.26 of the Act).

Section 4.5.22 of the Act prohibits an WSP from offering markets until:

  • a PFIA is in place with the SCB, or the VGCCC staff is satisfied and confirms a determination application (in writing) is before the Commission under section 4.5.26 of the Act.

The submission of a determination application form does not allow an WSP approval to offer markets in the absence of a PFIA. If a WSP is found to be offering markets without a PFIA, this is a breach of the Act, and the VGCCC will progress enforcement action.

Please email [email protected] for further details.

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