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Data Driven Insights Results from the first edition of Australasian Gaming Survey have now become available.
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The number of gaming machines available in each State and Territory is strictly regulated. In the case of a casino, it will depend upon the relevant casino Licence.
All Licences are subject to strict restrictions as set out in the relevant legislation and also, typically, separate Licence conditions. A breach of a Licence condition often triggers a breach of the relevant legislation, and vice versa.
The main restriction of an operator Licence relates to what gambling activity can be offered and through which channel. Other restrictions include the usual requirement for regulatory approval of a new product, financial and other reporting to government and other relevant gambling regulators, strict advertising restrictions including in relation to inducements to open accounts and, in some jurisdictions, to gamble and responsible gambling obligations.
Corporate Bookmakers and On-course Bookmakers have similar Licence restrictions, although generally these are not as prescriptive as an operator Licence.
A key obligation of a Corporate Bookmaker Licence is generally the requirement to establish a physical place of business in the NT thereby providing economic benefit to the NT, in addition to the Licence application fee, renewal fees and taxes , notwithstanding that most Corporate Bookmakers have head offices in other jurisdictions such as NSW or Vic.
A key obligation of an On-course Bookmaker in a number of jurisdictions is that the bookmaker must maintain a physical office on-course, even on days when racing is not occurring.
In Australia, gambling harm issues are often associated with gaming machines and the Licence restrictions relating to the operation of gaming machines include more detailed responsible gambling obligations.
These restrictions necessarily extend to the design, functionality and support required from gaming machine and other equipment manufacturers, software developers and technical services suppliers.
Any permit required for bingo is generally subject to very basic restrictions usually in relation to approved rules.
Bingo is considered low-risk from a responsible gambling perspective. The duration of major operator Licences depends upon the legislative framework in the relevant State or Territory and is subject to possible change upon a Licence renewal or new Licence being issued.
There are various current casino Licences which are perpetual, whereas a number of others currently expire between and In relation to wagering and betting, apart from Vic and NT where the Licences expire in and , respectively and WA where retail wagering and betting is operated by the State but is currently being considered for privatisation, with a formal process now underway , the expiry dates of current Retail Wagering Licences are also similarly long-dated and range between and In the case of lotteries, aside from Tas where the Licence expires in and WA where lotteries are owned and operated by the State , the expiry dates are generally shorter than in relation to Retail Wagering; however, they still range between and Keno, as a similar product to lotteries, has a similar Licence duration.
Apart from Vic where the Licence expires in , the key keno Licences in Qld, NSW and ACT expire in , and , respectively. The vulnerability of the above Licences to revocation or suspension is low.
It is rare for material proceedings or other materially adverse action to be initiated by gambling regulators against major licensees.
Please include in this answer any material promotion and advertising restrictions. Casino Licences provide that casinos are only permitted to offer casino games and gaming machines to patrons present within the casino.
It is illegal to offer online casino gambling in Australia. The Vic Licence includes not only wagering and betting but also a betting exchange. Corporate Bookmakers can offer fixed-odds betting on racing, sport and other approved events online and over the telephone.
On-course Bookmakers offer substantially the same betting on-course and, subject to approval, also over the telephone and in some instances online.
Lotteries licensees can offer their approved lottery products through retail news agencies, other approved retail venues, third-party agents and also online.
Keno licensees can offer their products through retail venues, online in-venue only in the case of NSW and online in the case of the ACT.
Hotels and clubs are permitted to provide approved gaming machines in the licensed premises. There are comprehensive Federal, State and Territory advertising restrictions which apply to the lawful advertising of gambling services.
In addition to the usual responsible gambling warnings, it is an offence to advertise an inducement to open a betting account and, in some jurisdictions, to gamble.
These rules have recently been extended to online streaming of live sport. Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct including through advertising.
State and Territory taxation on casinos is determined on a case-by-case basis typically during negotiations with the relevant State or Territory government at the time.
By way of example, putting aside a Federal company tax of either In addition, that licensee currently pays the State a tax of The relevant taxation amounts are reduced by the GST paid by the casino licensee in relation to these services.
In addition to Vic, NSW and Qld, most States and Territories have recently introduced a POCT in respect of bets placed by their residents which is payable by the Retail Wagering Licensee, Corporate Bookmakers and any other relevant betting operator licensed in Australia, irrespective of the location of the relevant entity.
Vic, NSW and Qld also have similar compensatory arrangements. These fees are generally a percentage of turnover, or the greater of a percentage of turnover and gross margin, and depend upon the relevant product.
Lotteries are subject to relatively high State and Territory taxation rates. For example, in the key States of Vic, NSW and Qld, respectively, the rates are By contrast, taxation of keno across the same three key States is Various States also set minimum player returns.
State and Territory taxes on gaming machine revenue are complicated and vary significantly. All gambling-related Licences issued by a State or Territory are subject to strict requirements relating to responsible gambling and harm minimisation.
Included in this are restrictions at a State and Territory level in relation to gambling advertising and also inducements to open an account and, in some jurisdictions, to gamble.
In addition, the Federal government has also recently introduced amendments to the Interactive Gambling Act to restrict gambling advertising and odds promotion during broadcasts and online streaming of live sport, with more stringent restrictions occurring during the hours of 5.
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