Legality of poker tournaments and home games
In New South Wales (NSW), poker is governed by a combination of local laws including the Unlawful Gambling Act 1998, the Casino Control Act 1992 and the Betting and Racing Act 1998. Legal status depends on the format of the game - commercial or private - and whether the game is played for money.
1. Poker tournaments
Only licensed casinos or clubs with the appropriate permission can hold legal poker tournaments for money.
Tournaments in bars or private venues without a license are considered a violation of the Unlawful Gambling Act 1998.
Entrance fees and prize money are funded according to pre-approved rules; rake percentage is only possible with a license.
2. Home Poker Games
Allowed provided that they are social in nature and are not organized for commercial purposes.
The organizer does not have the right to charge for participation or withhold part of the bank.
All players must have equal conditions, and the winnings are distributed entirely among the participants.
The use of electronic payment systems to organize the game can be considered as a commercial activity.
3. Restrictions for private games
It is forbidden to advertise or publicly invite participants to home games for money.
Regular home games with a money bank can be qualified as an illegal gambling business.
The same age restrictions apply as for other forms of gambling - participation only from the age of 18.
4. Liability for violations
For organizers of illegal tournaments or commercial home games - fines and possible criminal liability.
For players in illegal games - administrative fines.
Aggravated (money laundering fraud) - criminal prosecution.
5. Practical recommendations
Hold tournaments only in licensed casinos or clubs.
In home games, exclude the commercial component and cash contributions in favor of the organizer.
Check that all participants have reached the age of 18.
Avoid public advertising of private games.
Conclusion:
1. Poker tournaments
Only licensed casinos or clubs with the appropriate permission can hold legal poker tournaments for money.
Tournaments in bars or private venues without a license are considered a violation of the Unlawful Gambling Act 1998.
Entrance fees and prize money are funded according to pre-approved rules; rake percentage is only possible with a license.
2. Home Poker Games
Allowed provided that they are social in nature and are not organized for commercial purposes.
The organizer does not have the right to charge for participation or withhold part of the bank.
All players must have equal conditions, and the winnings are distributed entirely among the participants.
The use of electronic payment systems to organize the game can be considered as a commercial activity.
3. Restrictions for private games
It is forbidden to advertise or publicly invite participants to home games for money.
Regular home games with a money bank can be qualified as an illegal gambling business.
The same age restrictions apply as for other forms of gambling - participation only from the age of 18.
4. Liability for violations
For organizers of illegal tournaments or commercial home games - fines and possible criminal liability.
For players in illegal games - administrative fines.
Aggravated (money laundering fraud) - criminal prosecution.
5. Practical recommendations
Hold tournaments only in licensed casinos or clubs.
In home games, exclude the commercial component and cash contributions in favor of the organizer.
Check that all participants have reached the age of 18.
Avoid public advertising of private games.
Conclusion:
- In NSW, money-for-poker tournaments are only allowed if licensed and home games are allowed exclusively in a non-commercial format. Any commercialization of a private game or holding a tournament without a license is prohibited and incurs fines or criminal liability.
