Is Poker Legal In Australia 5,0/5 7733 votes

Beginner's Guide:

In Australia, poker sites can be accessed for both play and real-money action. Try out a few games or variants at the play-money tables, then make a deposit and hit the big-money tables. You can play cash games for as little as $0.01/$0.02, enter a $5 Sit 'n Go, or play in a $10 tournament with a $5000 guaranteed prizepool.

  • Online poker was particularly popular but, in August 2017 this changed when online poker became illegal in Australia. This happened as a consequence of the enforcement of the Interactive Gambling Amendment Bill.
  • Online poker is legal in Australia for some online poker operators. Until 2001 there wasn’t a lot of restrictions on online poker or any other type of online gambling for that matter. However, in 2001, the Interactive Gambling Act of 2001 was introduced.
  • Playing poker for cash at a land based venue in Australia is 100% legal as long as players are over the age of 18. When it comes to online poker, the situation is a little less clear cut. Traditionalists and poker purists have all denounced the rise of online poker claiming it eliminates one of the key elements of a player’s skill in reading other players.
  • Private social entertainment poker games in residences, even for real money, are legal in Queensland, New South Wales, Western Australia and Tasmania as long as there is no 'required entry fee,' no form of 'house rake,' and the full pot money goes to the winning players of the hand.

Australia has varied history of legal and illegal online poker and online gambling activity. For many Australians, who are aware of popular international live poker tournaments such as the Aussie Millions, the legality of online poker within Australia is a desirable proposition. Qualifying events for the large-scale Aussie Millions tournament are offered via online poker games on many poker rooms.

The landscape for Australians has changed every two to three years, so this article will survey some of the journey and point out where the current standings leave the issue of whether or not online poker is legal in Australia. This article represents current information and research, but should not be considered a legal authority on the issue. For further legal counsel regarding individual situations in Australia, consult a licensed, professional attorney.

Australian Gaming History

For most of Australia's history some form of gaming has been popular among the people. Australian settlers came predominantly from the UK, where legal state-run gambling also has a lengthy popular history. Betting on horse races was the first favorite as were card games, followed shortly after by national and state lotteries. When slot machines were introduced in the 1950's, those also added to the list. The growth of the industry moved into full-scale, live casinos first opening in 1970, offering table games such as poker, blackjack and others.

Ironically, while the popularity of various forms of legal gaming grew, so did lawmakers hesitations about the practices. The pendulum of legislation typically started with some limitation or prohibition, but moved toward a lenient stance allowing most forms of betting. The state was licensing casinos, and enjoying revenue from them, but when online casinos and online poker arrived in the mid-1990's, the hesitations increased.

Where

Initially, many Australians began utilizing online gambling services and online poker rooms as they developed. The Australian government was concerned that too many people would becoming 'addicted' to online gaming, since current statistics estimate around 80% of Australians regularly gamble in some form. The main issue was how expansive online poker and online gaming could be, with legislators seeing regulation as problematic to cover various future scenarios. Eventually the decision came to implementing the Interactive Gambling Act.

Interactive Gambling Act of 2001 (IGA)

The Interactive Gambling Act of 2001 was a complete piece of legislation that effectively banned all online poker and online casinos throughout Australia. Whereas numerous Australians were using Internationally based sites, the law specifically bans sites located outside the country from allowing players to login from within Australia. Though sites within Australia were also targeted for the ban and no new sites would be able to operate, if an Australian casino had received an online license prior to the law coming into effect, they were exempted and could remain legally operating and providing online casino games for Australian players. One Australian casino was operating a site, Lasseters Online, so they currently remain the exclusive Australian-based online casino and one legal place Australian online poker players find games in the country.

Other exceptions to the IGA also include exempting sports betting online, so the popular horse race betting and other sporting event betting continues as an online gambling activity. The restrictions are limited to casino-type games online. However, the law also doesn't prosecute players for online poker or online casino logins. The penalties for online poker activity are directed toward the operators and site hosts instead of the average player. Thus, many Australians still find online poker rooms that accept Australian players and allow them to access real money online poker games.

Challenges to the IGA

Operators outside Australia, as well as players within Australia, continue to offend the IGA statutes. The Australian government is perceived as generally more lenient than the United States government who passed the 2006 Unlawful Internet Gambling Enforcement Act, which caused numerous sites to instantly bar all U.S. players. Some UK based sites as well as several other jurisdictions offering legal online poker rooms still allow Australian player access, though not all do now. Most offshore operators entirely disregard the Australian law, since, similar to their historical trends, the government doesn't tend to enforce it or fine offshore operators for allowing Australians to play on their sites. There have been rumors that the Australian government will start trying to filter access to certain sites, but as of yet this hasn't happened. Some estimates offer that more than $300 million is spent annually by Australians playing online poker and casino games.

Live Poker Regulated By State

The restrictions are not getting easier in Australia, since in 2012 the state of Victoria will be opened up to offering a $750 million TAB wagering license for online companies. Ladbrokes, based in Gibraltar, is one of Britain's largest online poker and casino companies, hopes to be one of the bidders for the Victoria license. They are one of the online poker rooms still accepting Australian players, though it is technically illegal for them as an offshore company to do so.

Additionally, some states in Australia do offer live legal poker play under limited conditions. The popularity of live and online poker are not diminishing by any means in Australia. The legal-in-some-areas poker games seem like another foot in the door for advocates of full online poker legalization within Australia. Public cash games with an entry fee are not legal in Queensland, for example, but are legal in New South Wales and Victoria. Casinos have the most opportunity to offer live poker games as they are legal within all states of the country. The short summary is this:

Outside a Casino

Poker tournaments with an entry fee and real money prizes, though players pay commission, are legal in Victoria and New South Wales.

Poker tournaments without a cash entry fee and real money prizes are legal in Victoria and New South Wales as well as in Queensland.

Private social entertainment poker games in residences, even for real money, are legal in Queensland, New South Wales, Western Australia and Tasmania as long as there is no 'required entry fee,' no form of 'house rake,' and the full pot money goes to the winning players of the hand.

Inside a Casino

All states within Australia legally offer live, cash poker games.

The future of legal online poker in Australia remains uncertain. While the current legislation persists, many players will still utilize illegal offshore sites to play online poker. Unless the government makes legalizing online poker in Australia a priority to match the people's practices, lawmakers may continue to present themselves a sticky situation about how to regulate what is already a very popular and wide-spread activity around the country.

Of course, for a more precise and confident answer, please talk to a lawyer. To move on to the next portion of our Beginner's Guide, click the link below.

Next Article » 'Is Internet Poker Safe, Fair, and Random?'

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// Industry, Legal News, Misc, News

Australia’s online poker players have seemingly lost another outlet for playing their game with the news that the Australian Communications and Media Authority (ACMA) has ordered the blocking of the large grey-market offering Ignition Casino. The ACMA on Monday issued the blocking order to the country’s internet service providers (ISPs), specifying Ignition Casino and eight other online gambling sites that have continued to accept Aussie customers following that country’s official ban in 2017 on all forms of online gambling other than sports betting.

It’s the second time that the ACMA has issued such a blocking order. Last year, the ACMA ordered the blocking of another Aussie-facing operation, Emu Casino, which included multiple brands and domains. Emu Casino has since exited the Aussie online sphere while reaching a workaround deal with Aussie authorities that allows customers to retrieve their frozen Emu balances through separate means. The ACMA has ordered the blocking based on updates made to both gambling and telecommunications laws in Australia.

In addition to Ignition Casino, the ACMA also ordered ISPs to block these sites: Roo Casino, GW Casino, Wager Beat, Joe Fortune, Casino Dingo, AU Slots, Top Bet, and XBet. As is plainly evident, some of these sites specifically targeted Aussie gamblers despite the country’s ban on such services, while others may simply have failed to proactively block Australian players.

“More than 79 complaints have been submitted to the ACMA about these services, which are available in Australia,” the ACMA declared in a statement. “ACMA investigations found these services to be operating in breach of the Interactive Gambling Act 2001.”

The regulator also noted that “Website blocking is one of a range of enforcement and disruption options the ACMA uses to protect Australians against illegal gambling services. More than 90 illegal companies have pulled out of the Australian market since 2017 when the ACMA started enforcing new illegal offshore gambling rules.”

Ignition Casino is a spinoff of the Bodog/Bovada brand family. Ignition Casino was created in August of 2016 through the sale of Bovada Poker’s US customer base to Lynton Limited, an unknown entity with little previous track record. Despite its “casino” name, Ignition was created as a poker-first offering, and it remains operating as a skin of sorts on Bodog/Bovada’s software, and it appears to have accepted players from at least a few other countries as well, as evidenced by the current situation in Australia. The site is officially regulated by the Kahnawake Gaming Commission (KGC), based just outside Montreal, Canada.

The loss of a prominent and stable grey-market offering (given that no formal regulatory mechanism is even being considered) is likely to drive Australia’s devoted online players even farther underground in the virtual sense. One likely result should be an even greater shift to the “club”-based form of online poker generally available through agents and via smartphone apps. Such apps and games first surfaced in Pacific Rim countries ranging from China to Australia, and despite their high risks, they’ve become an option of last resort for certain categories of online players. No formal regulatory plans are on the country’s legislative horizon.

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