The Australian Communications and Media Authority (ACMA) has released its initial guidelines regarding the "notable persons" provision outlined in new gambling advertising regulations, giving industry stakeholders just under three months to adapt.
Effective January 1, 2027, gambling advertisements will be prohibited from featuring notable persons across all platforms, including broadcast television, radio, online news sites, games, and social media. Additionally, licensed interactive wagering service providers will be forbidden from forming contracts or arrangements that involve notable individuals promoting wagering advertising content in Australia.
The legislation defines a "notable person" as any current or former professional athlete, celebrity, social media influencer, or any prominent individual, with the minister having the authority to expand this definition further. Importantly, this includes both current and retired figures, significantly impacting the traditional practice of using sports stars and influencers in wagering marketing.
The ACMA’s guidelines clarify the applicability of this definition, providing examples of individuals who may or may not fall under its scope. The document also outlines how the ACMA will evaluate potential violations and the mechanics of the prohibition, especially regarding the responsibility of affiliates, agencies, and media partners in authorizing gambling ads. Certain exceptions exist, particularly for dedicated racing services, channels, and programs.
This guidance comes after criticisms voiced during a Senate inquiry where Senator Sarah Hanson-Young expressed her reservations about the notable person provision. At the August 4, 2026 hearing, Sportsbet cautioned that the broad draft definition could potentially implicate “anyone with an Instagram account.” While Sportsbet, TAB, and Responsible Wagering Australia endorsed the government's broader legislative package, they cautioned that an even stricter comprehensive advertising ban could shift bettors towards illegal offshore platforms.
The ACMA has maintained the broad definition intentionally, as noted in an ASGAM report, allowing it to encompass any individual a wagering provider might utilize to promote gambling. Compliance remains the responsibility of the licensed operator rather than the notable person, and if someone featured in an ad becomes notable after the fact, operators may need to remove that advertisement.
This ban on notable persons is part of the broader Interactive Gambling Amendment (Gambling Reform) – Bill 2026, which was approved by Parliament on August 19, 2026. Beyond the notable persons ban, the new legislation imposes broader restrictions on wagering ads, including bans during live sports broadcasts and in venues, as well as prohibiting direct marketing to at-risk individuals, enhancing enforcement against illegal gambling, and launching BetStop, the national self-exclusion register. All aspects of the law take effect on January 1, 2027, with the ACMA tasked with monitoring compliance and providing industry guidance.
Accompanying this legislation, the National Self-Exclusion Register (Cost Recovery Levy) Bill 2026 and the Interactive Gambling (Cost Recovery Levy) Bill 2026 were also passed, enabling the government to recover costs associated with promoting BetStop and enforcing new regulations. With the effective date fast approaching, operators who have relied on marketing strategies involving sports ambassadors and influencers will need to revisit their contracts and advertising materials before the end of the year.
