The Australian government has made last-minute changes to its gambling reform bill following a critical report from a Senate inquiry published on Monday night.
During a session in Parliament, Communications Minister Anika Wells presented new legislation aimed at creating a national register that will allow individuals to opt out of receiving gambling promotions. The proposed amendments to the Interactive Gambling Bill will enable Australians to indicate their preferences to avoid gambling advertising across various platforms.
This initiative stems from an agreement with the opposition Coalition and seeks to diminish the reach of gambling marketing, particularly among children and young people.
The reforms also expand to digital gambling platforms, implementing a "triple lock" system that mandates several conditions before promotions can be displayed. Users will need to have a logged-in profile, undergo age verification, and be able to opt out of gambling advertisements. Streaming services like 9Now and 7plus will be held to the same advertising regulations as free-to-air television.
Despite these measures, the Senate inquiry expressed concerns. The inquiry collected 97 submissions and included testimonies from public health experts, survivors of gambling harm, broadcasters, industry representatives, regulators, and state officials. Many experts concluded that the opt-out strategy is likely ineffective, citing behavioral studies that show low rates of change in default settings. This might leave vulnerable users, such as minors and those in recovery, exposed to harmful advertising.
Additionally, the bill will prohibit endorsements by celebrities, athletes, and social media influencers that promote gambling, aiming to limit targeted advertising. The Australian Communications and Media Authority (ACMA) will gain the power to direct online content services to incorporate opt-out features, imposing penalties for those who fail to comply within 30 days.
Wells also announced an extension of the pre-match blackout period for wagering advertisements associated with live sports events, increasing it from five to 15 minutes. Furthermore, the ban on daily broadcasting of wagering ads will begin one hour earlier, now starting at 5:00 AM rather than 6:00 AM, creating a 15.5-hour advertising restriction until 8:30 PM. However, the inquiry noted that many children view live sports past the 8:30 PM cutoff, suggesting they would still be exposed to such content.
In a significant shift, wagering providers will no longer be able to offer commissions, bonuses, or any performance-linked payments to their employees that pertain to acquiring, reactivating, or managing customers. This change comes after evidence revealed that bookmakers were using cash incentives to target high rollers. Luke Bateman, a former rugby league player, shared how betting companies often encouraged excessive spending through harmful tactics.
Violations of these rules will incur civil penalties of up to 1,000 penalty units, and attempts to circumvent the regulations could face fines of up to 7,500 penalty units. Importantly, the anti-avoidance measures will apply internationally, capturing offshore gambling operations.
However, the legislation stops short of implementing a total ban on gambling advertising, a recommendation made in the 2023 parliamentary report "You Win Some, You Lose More." Some members of the Senate argue that only a complete advertising ban will effectively diminish demand. In 2024, the Green Party proposed a comprehensive gambling ad ban to the Senate, citing widespread public support and expert recommendations.
Opposition to the bill remains, with Responsible Wagering Australia (RWA) expressing concern that the reforms could drive players toward illegal offshore gambling sites. RWA CEO Kai Cantwell criticized the opt-out advertising register for potentially undermining measures like BetStop and pointed out the challenges of implementing such a system in a short timeframe.
The Senate committee, in its recent report, encouraged the passage of two key bills while recommending amendments to enhance provisions that target gambling-related harms. Australian Prime Minister Albanese confirmed that the bill would be advanced to a third reading after obtaining agreement from both the government and the Coalition. He characterized the legislation as "the most significant gambling advertising reform by any Australian government ever," emphasizing its goal of increasing protections for those most at risk of gambling harm while allowing responsible bettors to continue. He expressed satisfaction that the extensive debate would lead to the bill's progression, which is anticipated to take effect on January 1, 2027.
