Insight
COVID-19 UPDATE - ASIA Australia
Julian Hoskins Senet
Australia: Playing whack-a-mole with online gambling shutdowns
Alexandra Hoskins, Senet
Contributors Julian Hoskins is Principal at Senet and is ranked in Chambers & Partners Global and Asia Pacific as a leading expert in gambling and gaming law and regulation. Julian has worked at executive level with Australia’s largest gambling services company as well as at various top tier law firms.
Alexandra Hoskins leads the Senet Compliance Academy. Alexandra has extensive experience in strategy and business development working with government, top tier advisory firms and clients in the gambling industry.
www.senetlegal.com
julian@senetlegal.com
alexandra@senetlegal.com
Venues in Australia have been gradually starting to open up, but it has been a bumpy ride. In Victoria poker machines were due to be switched back on from July 20. Unfortunately, another wave of Covid-19 infections has once again resulted in lockdown in Victoria for at least six weeks.
P62 NEWSWIRE / INTERACTIVE / MARKET DATA
New measures and initiatives to curb the enthusiasm for gambling in Australia have presented greater challenges for the gaming industry during the pandemic. Meanwhile, illegal offshore online gambling has thrived during lockdown with greater government intervention called for to control the situation
Tere have been a number of gambling and gambling related reforms in Australia in recent times. Tese include:
Lottery betting – Te Lottery Betting Act amends the Commonwealth Interactive Gambling Act (IGA) 2001, with the effect of prohibiting the provision of betting services on the outcome of both Australian and overseas lottery draws to persons located in Australia. Tis amendment came into effect on January 9 2019. Te amendment comes in response to consumer concerns that lottery betting has an adverse impact on State and Territory taxation revenue and small business (newsagent) revenue derived from Australian lottery sales and also presents a problem gambling risk to consumers.
National Consumer Protection Framework (NCPF) – In November 2018, the Australian Federal and State and Territory governments launched the NCPF for online wagering, to provide consumer protections for Australians gambling online. Te NCPF measures are being progressively implemented and include a national self-exclusion register, voluntary opt-out pre-commitment scheme, prohibition of lines of credit offered by wagering providers, harmonised regime for offering inducements to participate in gambling activities, requirement to provide activity
statements, consistent responsible gambling messaging and counselling services, staff training, reducing the 90 day customer verification period and prohibition of links between online wagering operators and pay day lenders.
Point of Consumption Tax (POCT) regime - Te Point of Consumption Tax has been progressively introduced in all Australian States and the Australian Capital Territory since July 2017. Te POCT is applied as a percentage of the net wagering revenue derived from all wagering and betting activity by customers in the relevant jurisdiction, not the jurisdiction where the bookmaker is licensed. Te introduction of the POCT does seek to harmonise the tax regime that wagering operators are subject to, however there are variations in the tax rates (from eight to 15 per cent) and the tax-free thresholds across the States and the Australian Capital Territory.
Sports Integrity Australia (SIA) – following the “Review of Australia’s Sports Integrity Arrangements” 2018 (Wood Review) a new regulatory body has been established and is expected to be fully operational by 2021. SIA will be focused on improved monitoring of betting activity and combating corruption. Te key areas of focus include integrity related issues such as addressing match-fixing, corruption in sport, illegal
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