Interactive wagering and betting services

Wagering service providers must not:

• offer credit, vouchers or other rewards to an account holder as an incentive to refer another person (such as family and friends) to open a betting account, or
• offer complimentary or free bets unless the winnings received from that bet can be withdrawn by the account holder (i.e. the winnings cannot be subject to a requirement that the account holder continue to bet with those winnings).

Wagering service providers (or persons acting on behalf of a wagering service provider) must not:

• send direct marketing to customers without their express consent and where consent is given, a wagering service provider must not send direct marketing unless the customer can easily unsubscribe to receiving direct marketing
• send direct marketing to customers who have unsubscribed, and
• provide any credits, vouchers or rewards to customers to encourage them to consent to receive direct marketing.

From 30 June 2023, wagering service providers must also ensure that new customers can create a betting account without being required to consent to receive direct marketing or being required to take additional steps to opt out of receiving direct marketing.

Wagering service providers must:

• ensure that all customers opening a new account either set a limit on the amount of money that can be deposited into their betting account (deposit limit) or opt out of setting a limit
• provide customers with simple and easy-to-use tools, with clearly explained and prominently displayed processes, to allow them to set deposit limits, and

not allow a person to deposit money into a betting account which would breach a deposit limit they have set

Wagering service providers must ensure customers can simply and easily close a betting account if they choose to do so and must not offer any credit or other reward to encourage customers to keep a betting account open.

From 31 July 2022,* wagering service providers must:

• provide customers with monthly activity statements that include specified information on betting activity, which must be emailed to the customer free of charge or sent by post to the customer's nominated address. The activity statement of the previous month must also be accessible by a customer on request or via the customer's online betting account, and
• provide customers with access to a record of betting account transactions for a period specified by the customer, up to at least 7 years of the request. These records must be available at all times via the customer’s online betting account or be provided to the customer via email or post.

*A wagering service provider may seek an extension until 14 November 2022 to comply with the above activity statement and betting account record requirements, but they must demonstrate that one of the circumstances in clause 8.13 of the Direction applies (for example, there has been a significant and unforeseen disruption to their business caused by COVID-19 which has affected their business over an extended period, or they have been granted an extension in another Australian jurisdiction where they are licensed.)

If a wagering service provider cannot comply by 31 July 2022 and requests an extension, they should contact us by emailing [email protected]. The email must include:

• the subject line or title, “Request for extension under clause 18.13 – NCPF”
• any applicable circumstance(s) (see clause 8.13 of the direction)
• other reasons and/or supporting evidence for the extension.

From 31 March 2023, wagering service providers must ensure that all relevant persons (including any employees, contractors and directors involved in providing betting services or involved in decisions that impact on their betting services) complete the initial and refresher responsible service of wagering training courses as follows:

• existing relevant persons as at 28 February 2023 must complete initial training by 31 March 2023
• all other relevant persons must complete the initial training no later than one month after commencing employment
• all persons must complete an annual refresher training within 12 months of completing the initial training and every year thereafter.

Wagering service providers must also:

• ensure that the training is delivered:
  
  • as online micro-credential training by TAFE Queensland, or accredited training developed by a registered training organisation or TAFE, that meets the National Unit of Competency, or
  • via in-house training developed by the wagering service provider, where the in-house training must meet the National Unit of Competency and be annually reviewed by an independent reviewer or incorporate a requirement for participants to successfully complete the Online knowledge Test as part of the course assessment.
• keep training records for at least 7 years after the training is conducted, including the date each relevant person commenced employment, the date the relevant person completed training and the relevant training completed, as well as records of any independent review of in-house training developed/delivered.

The VGCCC may request a wagering service provider to produce a copy of these records for inspection.

From 30 March 2023, wagering service providers must communicate required taglines and call to action messages as part of any gambling advertising via platforms, including but not limited to, television, radio, social media, website, internet application, print and direct marketing. These taglines include:

• Chances are you’re about to lose.
• Think. Is this a bet you really want to place?
• What’s gambling really costing you?
• What are you prepared to lose today? Set a deposit limit.
• Imagine what you could be buying instead.
• You win some. You lost more.
• What are you really gambling with?

The Direction gazetted on 24 March 2023 outlines specific requirements as to which taglines and/or call to action messages must be communicated based on the method of advertising and the way the taglines and call to action messages are spoken or displayed.

Wagering service providers must also keep a copy of any gambling advertising (in print or electronic form) for at least 12 months following the end of any advertising campaign so it is available for inspection.

Note that the Commonwealth Government has produced a range of resources to assist wagering service providers comply with the gambling advertising tagline requirements.