I have a bookmaking licence now what? A guide to becoming an authorised interstate betting operator in South Australia
Author: Alex Norrish, Associate
Part 3 of Series “I have a bookmaking licence now what?”
What approvals do I need if I am licensed outside of South Australia?
If a bookmaker holds a licence issued outside of South Australia (e.g. in the Northern Territory, New South Wales or Victoria) and wishes to lawfully accepts bets from a person in South Australia, it must first gain approval from Consumer and Business Services SA (CBS (SA)). Once it has this approval, the bookmaker becomes what is known as an “authorised interstate betting operator” under South Australian law.
Is this different to South Australia race fields approval?
Yes, becoming an “authorised interstate betting operator” and holding South Australian race fields approvals are two different processes. An authorised interstate betting operator approval permits an interstate bookmaker from accepting bets from South Australian residents. A race fields approval from Racing SA, Harness Racing SA, and/or Greyhound Racing SA permits an interstate bookmaker to lawfully conduct betting operations in relation to South Australian racing.
Becoming an “authorised interstate betting operator” does not automatically mean that a bookmaker obtains race fields approval and vice versa.
Are there limits on what kinds of bookmakers can become an “authorised interstate betting operator”?
Each “authorised interstate betting operator” must:
conduct betting via telephone, internet or other electronic means;
ensure that no part of the bookmaker’s operators is in South Australia or assisted by a South Australian operation;
currently hold a licence or approval in another state or territory; and
not be prevented from conducting betting operations either under their licence or under theAuthorised Betting Operations Act 2000 (SA).
What are the obligations on an “authorised interstate betting operator”?
Each “authorised interstate betting operator” have various legal obligations, including but not limited to:
lodge an annual return before 30 September each year;
notify CBS (SA) within 14 days of certain changes in particulars, for example, a change in the operator’s postal address;
only accept bets from South Australians on events run by licensed racing clubs or approved contingencies (note that this means that bets on some events that would be permitted in other parts of Australia are not permitted in South Australia);
not accept bets from South Australian children and have systems and procedures in place to prevent betting by children which comply with the prescribed guidelines;
adhere to the prescribed Advertising Code of Practice;
adhere to the prescribed Responsible Gambling Code of Practice, which includes the requirements to issue activity statements;
notify CBS (SA) within 14 days of any criminal or disciplinary proceedings that are commenced against the operator, or a close associate of the operator, that relate to the bookmaker’s betting operations; and
register for, and regularly access, the barring and online employee notification system (BOEN) which is the state based self-exclusion mechanism; and
register, lodge returns and pay the betting operations tax on net wagering revenue.
How does operators to become an “authorised interstate betting operator”?
Under South Australian law, the interstate operator is required to notify CBS (SA) of its intention to conduct betting operations in South Australia. This notification process can be undertaken online, and involves providing basic information about a bookmaker, providing a copy of the bookmaker’s licence or approval, and making certain declarations.
Do other states or territories have a similar approval mechanism?
The requirement for an interstate operator to become an “authorised interstate betting operator” is a feature unique to South Australian law.
