What is Gambling?
What is the legal definition of gambling in Australia?
It’s difficult to provide an all-encompassing legal definition of gambling in Australia. Generally, however, it is defined as an activity that involves staking money or something of real-world value on the outcome of an event that is decided in full or in part by chance – such as a sporting event or a horse race – with the intent of winning a prize of money or something else of value.
One example of a legal definition of gambling in Australia is in Section 4 of the Commonwealth’s Interactive Gambling Act 2001 (IGA), which was enacted in response to the rise in internet gambling.
A gambling service is defined in the IGA to include, among other things:
a service for the placing, making, receiving or acceptance of bet;
a service for the conduct of a lottery; and
a service for the conduct of a game, where:
the game is played for money or anything else of value;
the game is a game of chance or of mixed chance and skill; and
a customer of the service gives or agrees to give consideration to play or enter the game.
The Laws Regulating Gambling in Australia
The main reason there is no one legal definition of gambling in Australia is that regulation occurs at a state and territory level in addition to the Commonwealth. This means that gambling laws vary across the country and are overseen by different authorities, including within some states themselves.
As a result, the approach taken in the states and territories can differ in relation to products such as skill-based gaming.
As experts in the different laws and bodies regulating gambling in Australia, Senet can provide up to date advice on best-practice compliance and accreditation for gambling operators in Australia. We also offer training in compliance through our Senet Compliance Academy, supported by gambling industry experts and our specialist legal team.
