Can an online casino aimed at NSW be opened
In New South Wales (NSW), online casinos targeting local gamblers are banned under the federal Interactive Gambling Act 2001 (IGA) and local gambling laws. The legislation does not provide for the issuance of licenses for private operators of online casinos, and the provision of interactive gambling to residents of the state is considered a violation.
1. Federal legal framework
Interactive Gambling Act 2001 prohibits online casinos from being offered to Australian residents, including NSW residents, with the exception of certain forms of interactive betting (such as sports and horse racing).
The ban applies to all types of online slots, roulette, blackjack, baccarat and other casino games.
Breaches of the law are dealt with and punished by the Australian Communications and Media Commission (ACMA).
2. Local regulation in NSW
State laws, including Casino Control Act 1992 and Gaming Machines Act 2001, govern only land-based establishments.
Online casino licences are not issued in NSW.
Local authorities can assist federal authorities in investigating and blocking illegal online operators.
3. Possible sanctions for violation
Fines for companies - up to 1.65 million AUD per day of violation.
Fines for individuals - up to 165,000 AUD.
Blocking domains and IP addresses at the request of ACMA.
Inclusion of the operator in the "black list" with international notification of regulators.
4. Legal alternatives
Obtaining a betting licence or betting on a horse race which is permitted in NSW subject to conditions.
Operating offshore markets with jurisdictions where online casinos are legal without offering services to Australian players.
Land casino launch (license only available to one operator - The Star Sydney).
5. Risks for violators
Loss of access to the Australian market through blocking domains and payment channels.
Reputational losses and difficulties in obtaining licenses in other countries.
Possible international cooperation of regulators to curb activities.
Conclusion:
1. Federal legal framework
Interactive Gambling Act 2001 prohibits online casinos from being offered to Australian residents, including NSW residents, with the exception of certain forms of interactive betting (such as sports and horse racing).
The ban applies to all types of online slots, roulette, blackjack, baccarat and other casino games.
Breaches of the law are dealt with and punished by the Australian Communications and Media Commission (ACMA).
2. Local regulation in NSW
State laws, including Casino Control Act 1992 and Gaming Machines Act 2001, govern only land-based establishments.
Online casino licences are not issued in NSW.
Local authorities can assist federal authorities in investigating and blocking illegal online operators.
3. Possible sanctions for violation
Fines for companies - up to 1.65 million AUD per day of violation.
Fines for individuals - up to 165,000 AUD.
Blocking domains and IP addresses at the request of ACMA.
Inclusion of the operator in the "black list" with international notification of regulators.
4. Legal alternatives
Obtaining a betting licence or betting on a horse race which is permitted in NSW subject to conditions.
Operating offshore markets with jurisdictions where online casinos are legal without offering services to Australian players.
Land casino launch (license only available to one operator - The Star Sydney).
5. Risks for violators
Loss of access to the Australian market through blocking domains and payment channels.
Reputational losses and difficulties in obtaining licenses in other countries.
Possible international cooperation of regulators to curb activities.
Conclusion:
- In NSW, opening an online casino aimed at local gamblers is not possible within the law. Federal and local regulations completely prohibit such activities, and sanctions for violation can be extremely serious. Legal opportunities in the online sphere are limited to sports betting and horse racing through licensed operators.
