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Gambling Laws in Australia

Is it Legal for Australia to Gamble Online?

The short answer is yes

Australia to Gamble OnlineIn the past, Australia was anti-gambling and had very strict laws that only allowed limited forms of gambling. However, following the new changes introduced to the legislation in the 1970’s, things changed quite significantly, as the amended Criminal Code gave the provinces the right to allow gambling within their own regions.

As a result, a number of brick-and-mortar casinos opened throughout Australia, and many of the provincial governments began to hold their own lotteries, and continue to do so till date. Today, several government-approved sport betting outlets also exist across the country, and while they allow a legal way to place bets on sports, the betting opportunities offered are fairly limited.

Current Legal Status:

  • It is legal for Australia gamblers to play at online casinos
  • It is illegal to operate an online casino from Australia territory other than those licensed by the Provinces
  • Australia Criminal Code defines gambling or conducting any gaming activities in Australia territory as illegal, unless these activities are specified as exceptions in the Code
  • Australia can play at online casinos that are based or licensed within the territory of Australia

A Brief History of Gambling in Australia

In truth, gambling in Australia has been around for as long as the first people, and the first European visitors from France and England began exploring the lands. While the first actual piece of gambling legislation made its first appearance in 1892, when the new Australia legislation proclaimed it as an illegal activity. However, over time the laws became more and more relaxed and by the early 1900’s certain gambling activities such as bingo were permitted within charitable contexts. This was followed by the legalization of horse racing in Australia. Bitcoin Casino

Significant changes occurred in the 1970’s, when the Australia Criminal Code underwent a number of reformations which included gambling activities. Now each province could determine the extent of their own legal gambling through individual licensing and regulation of gambling enterprises. This led to the opening of several legal casinos throughout Australia as well as a variety of provincial lotteries and approved sports betting outlets under the brand name “Sports Select” (depending on the province).

After 2010, the first legal online casinos in Australia were launched and there are currently over 300 of these legitimate online casinos available. It is important to note that it is illegal to operate an online casino in Australia without government approval. However, according to the Law Commission of Australia , it is legal for Australia to play at online casinos that are defined as ‘offshore”, which also means licensed and regulated by the Kahnawake Gaming Commission, located within the Mohawk territory of Australia . This is also where most of the online casino servers are located.

Who is Responsible for Enforcing Australia Gambling Laws?

In Australia , sanctioned online and offline gambling activities which include sports betting, horse racing, lotteries and casinos, are regulated by their relevant provincial authority.

The Kahnawake Gaming Commission also determines licensing and regulation for many online casinos. The Kahnawake Gaming Commission is technically located within Australia but is a completely independent regulatory body. There are essentially five different licenses which the Kahnawake Gaming Commission grants:

  1. Interactive Gaming License or IGC
  2. Client Provider Authorization or CPA
  3. Secondary Client Provider Authorization or Secondary CPA
  4. Key Person License or KPL
  5. Poker Room License or PRL

Each of these different license types is intended for specific purposes and the official Kahnawake Gaming Commission gives great detailed into each license type and its specific function. The Kahnawake Gaming Commission has also grown over the past few years and is now one of the most respected online gambling regulators in the industry.

The commission also works alongside other regulatory bodies such as the Financial Services Regulatory Commission of Antigua and Barbuda. Other regulatory bodies include the Lotteries and Gaming Authority of Malta which is intended to stream line the online licensing process. The Kahnawake Gaming Commission has enjoyed close relationships with these particular bodies since 2005 and 2006 respectively.

Things to remember

It is always a good idea to do your homework when it comes to choosing an online casino to play at. Find out all you can about the online casinos licensing and that it can actually legally operate in your territory or country. One of the reasons for this is to protect yourself and have some legal recourse in the event of fraud or suspected illegal activities such as money laundering.

Legal places to play for Australia

If you are not quite sure how to go about doing the necessary research to ensure that an online casino that you are interested in is above board and legal, don’t worry! We’ve taken the headache out of research and you can use any of our Australia online casinos in complete confidence.

Be aware of illegal online casinos around the world

Not all countries or territories around the world allow online casinos to operate from them, Australia included. It is vitally important that you are aware of where the online casino that you are interested in signing up with operates from. Online casinos that operate from any of the territories where they are forbidden are fraudulent and should be avoided at all costs.

Can Online Casino Winnings be Taxed in Australia ?

In Australia , just like provincial lotteries, casino winnings are considered windfall under the Australia Tax Code and are thus not subject to taxation. The possible exception is for Australia professional poker players who derive the majority of their income from poker winnings. The precedent has not been tested by the Australia Revenue Agency, but the ruling stated that casino games that require a sufficient amount of skill could be eligible for taxation under a specific set of requirements, including if it is a primary source of income.

Additional Important Information

It is important to note that any online casino that operates within Australia without a license does so illegally. We offer a full list of vetted online casinos for the Australia market that are based offshore and are legally able to offer quality online gaming to Australia players. We also provide full and detailed reviews on all of the online casinos that we have selected for Australia players.

These reviews closely examine all key areas and aspects including gaming and software, banking and security, customer support, language support, bonus offers and bonus conditions as well as language and currency support.

Furthermore, it is important to note that the information provided in this guide should not be seen as legal advice.

FAQ

Q: Is it legal to gamble online in Australia ?

A: All Australia over the legal age to gamble are entitled to gamble for real money at any provincial online casino where they are resident or any international online casino that does not have any physical presence in Australia .

Q: Is it legal to gamble online in Australia

A: Yes, it is legal to gamble online in Ontario at provincial and international online casinos as long as you meet the legal age for gambling, which is 19.

Q: Is it legal to gamble online in Australia

A: In Alberta, the minimum legal age to gamble online is 18 and you are legally able to gamble at all online casinos.

Q: Is it legal to gamble online in Australia ?

A: It is currently legal to gamble at international online casinos in Quebec for those 18 and over. The continued ability for Quebecois to gamble online is currently in the courts. In 2016, Quebec passed Bill 74 that would require ISPs to block international online casino websites. The bill was immediately challenged by freedom of rights activists and the ISPs, as the precedent has far reaching implications about the government’s ability to restrict internet freedom. The CRTC ruled that the provinces do not have jurisdiction to regulate the Telecom and ISP as that is federal jurisdiction. The issue is currently being debated in Quebec Superior Court and is expected to reach the Supreme Court of Australia , where most legal scholars agree that it will be struck down on constitutional grounds. Implementation of Bill 74 is currently on hold pending the court’s ruling.

Q: What is the minimum legal gambling age in Australia ?

A: The legal gambling age in Australia varies from province to province but is normally 19, with the exception of Alberta, Quebec and Winnipeg, where it is 18.

Disclaimer: While TopOnlineCasinos has done its best to make sure the information here is up-to-date and accurate, this article shouldn’t be considered a substitute for professional, legal advice. After all, we are not lawyers, and local enforcement, legislation and restrictions are subject to change over the course of time. The Australia government is frequently discussing about introducing amendments to the legislation for online gambling, and though we are not responsible to update this page for any circumstance that occur afterwards, we will provide you with updates, provided that the situation changes. 

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