Is it possible to appeal the ACMA decision to block the site
The Australian Communications and Media Commission (ACMA) has the power to block access to online casinos and other gambling platforms that violate the Interactive Gambling Act 2001 (IGA). Blocking is applied through interaction with Internet providers, banking structures and advertising services. However, the ACMA decision can be attempted to appeal, but the procedure is complex and requires legal training.
1. Grounds for blocking
Providing gambling services to Australian non-ACMA licensed gamblers.
Violation of IGA requirements (for example, the offer of prohibited games).
Failure to comply with responsible play measures.
Refusal to cease operations after official notification.
2. Possibility of appeal
The ACMA decision can be challenged if:
3. Appeal procedure
1. Clarification Request - Operator submits a written request to ACMA requesting justification for blocking and references to IGA regulations.
2. Administrative appeal - an appeal to ACMA with a package of documents confirming the legality of the site.
3. Review through Administrative Appeals Tribunal (AAT) is an independent body that reviews complaints about regulatory decisions.
4. Litigation is a last resort if administrative methods have failed.
4. Terms
Request for clarification - within 14-28 days from the date of notification.
Appeal to the AAT - within 28 days of receiving an ACMA waiver on average.
5. Evidence required
Copy of the license (if any).
Game and RNG certification documents.
Confirmations that services were not offered to users from Australia.
ACMA correspondence records.
6. Probability of success
High - in case of an obvious error or technical failure.
Medium - with a license from another jurisdictional authority, but no IGA violation.
Low - if the site actually served Australian players without an ACMA license.
7. Consequences of a successful appeal
The site is removed from the registry of blocked resources.
Access to the domain is restored from all Australian ISPs.
Ability to proceed with full IGA compliance.
Conclusion
An appeal against the ACMA's blocking decision is possible but requires a rapid response, documentary evidence and input from specialists in Australian gambling law. For operators with real reasons for restoring work, the process can be successful, but in cases of gross violation of IGA requirements, the chance is minimal.
1. Grounds for blocking
Providing gambling services to Australian non-ACMA licensed gamblers.
Violation of IGA requirements (for example, the offer of prohibited games).
Failure to comply with responsible play measures.
Refusal to cease operations after official notification.
2. Possibility of appeal
The ACMA decision can be challenged if:
- the operator believes that the blocking was made by mistake;
- procedural violations were committed when making a decision;
- the site complies with the law, but was mistakenly included in the list of violators.
3. Appeal procedure
1. Clarification Request - Operator submits a written request to ACMA requesting justification for blocking and references to IGA regulations.
2. Administrative appeal - an appeal to ACMA with a package of documents confirming the legality of the site.
3. Review through Administrative Appeals Tribunal (AAT) is an independent body that reviews complaints about regulatory decisions.
4. Litigation is a last resort if administrative methods have failed.
4. Terms
Request for clarification - within 14-28 days from the date of notification.
Appeal to the AAT - within 28 days of receiving an ACMA waiver on average.
5. Evidence required
Copy of the license (if any).
Game and RNG certification documents.
Confirmations that services were not offered to users from Australia.
ACMA correspondence records.
6. Probability of success
High - in case of an obvious error or technical failure.
Medium - with a license from another jurisdictional authority, but no IGA violation.
Low - if the site actually served Australian players without an ACMA license.
7. Consequences of a successful appeal
The site is removed from the registry of blocked resources.
Access to the domain is restored from all Australian ISPs.
Ability to proceed with full IGA compliance.
Conclusion
An appeal against the ACMA's blocking decision is possible but requires a rapid response, documentary evidence and input from specialists in Australian gambling law. For operators with real reasons for restoring work, the process can be successful, but in cases of gross violation of IGA requirements, the chance is minimal.
