The Australian government has introduced last-minute amendments to its gambling reform bill following a critical report from a Senate inquiry on the legislation released on Monday night.
During a parliamentary session, Communications Minister Anika Wells revealed plans for a national register that will allow individuals to opt out of receiving gambling promotions. The amendments to the Interactive Gambling Bill propose a mechanism that enables Australians to express preferences to avoid gambling advertising across various platforms.
This initiative aligns with an agreement made with the opposition Coalition, aiming to diminish the exposure of gambling marketing, especially to children and young people.
The reforms extend to digital gambling platforms, where a "triple lock" system will be mandatory prior to displaying promotions. This system requires users to have a logged-in profile, undergo age verification, and access an opt-out option for gambling ads. Streaming services, including 9Now and 7plus, will face the same advertising regulations as free-to-air television.
However, the Senate inquiry report indicated that these measures might not be sufficient. The inquiry, which gathered 97 submissions, included input from public health experts, gambling harm survivors, broadcasters, industry representatives, regulators, and state officials. Testimonies suggested that the opt-out approach could be ineffective, as studies show low rates of changing default settings, potentially leaving vulnerable users like minors and those recovering from gambling harm exposed.
Additionally, the report proposed a ban on endorsements from celebrities, athletes, and social media influencers promoting gambling to reduce targeted advertising tactics. The Australian Communications and Media Authority (ACMA) will also receive the power to direct online services to implement opt-out features, with penalties for non-compliance within 30 days.
In terms of advertising restrictions, Wells announced an extension of the pre-match blackout period for wagering ads surrounding live sports events from five to 15 minutes. Furthermore, the daily ban on wagering ads will commence at 5:00 AM instead of 6:00 AM, creating a 15.5-hour restriction on such promotional content until 8:30 PM. However, the report raised concerns that many children may still view live sports events past the 8:30 PM limit, thus maintaining access to gambling ads.
In another significant move, the legislation prohibits wagering providers from offering commissions, bonuses, or any performance-linked payments related to acquiring or retaining customers. This action follows revelations from the Senate inquiry showing that bookmakers have targeted high rollers with financial inducements. Former rugby league player Luke Bateman described how betting companies would encourage spending through harmful activities, with managers even facilitating drug access for clients.
Breaches can incur civil penalties up to 1,000 penalty units, while attempts to circumvent these rules may attract fines reaching 7,500 penalty units, as the anti-avoidance provision applies extraterritorially.
Despite these actions, the legislation stops short of imposing a total ban on gambling advertising, a recommendation made in the 2023 parliamentary report "You Win Some, You Lose More." Some Senate members argued that only a full ban would effectively minimize gambling demand. In October 2024, the Green Party proposed a complete ban on gambling ads in the Senate, emphasizing that this approach has been consistently recommended by experts and has broad public support.
The proposed bill has drawn criticism from Responsible Wagering Australia (RWA), which fears that the reforms will push players to illegal offshore gambling sites. RWA CEO Kai Cantwell stated that the opt-out advertising register undermines existing measures like BetStop, cautioning that this new system is expected to be implemented in less than four months, contrasting with BetStop’s four-year development timeline.
The Senate committee has recommended passing two key bills with suggested amendments to fortify provisions aimed at reducing gambling-related harms. Prime Minister Albanese confirmed that the bill is set for a third reading after reaching an agreement with the Coalition. He described this legislation as “the most significant gambling advertising reform by any Australian government ever,” underscoring its focus on protecting those at risk of gambling harm while allowing others who enjoy betting to continue.
The amended legislation is expected to be effective from January 1, 2027.
