House of RepresentativesAnika Wells · House of RepresentativesTuesday 18 August 2026

Interactive Gambling Amendment (Gambling Reform) Bill 2026

Ms WELLS (Lilley—Minister for Sport and Minister for Communications) (12:43): I present a supplementary explanatory memorandum to the bill. I move government amendments, as circulated, together: SHEET HG141 (1) Schedule 1, item 18, page 25 (line 11), omit "5 minutes before", substitute "15 minutes before". _____ SHEET HG142 (1) Schedule 1, item 18, page 24 (line 28), omit "6:00 am", substitute "5:00 am".

(2) Schedule 1, item 18, page 26 (line 7), omit "6:00 am", substitute "5:00 am". (3) Schedule 1, item 18, page 27 (line 34), omit "6:00 am", substitute "5:00 am". _____ SHEET PJ123 (1) Schedule 1, item 18, page 37 (after line 26), at the end of Division 3, add: 62SA ACMA powers relating to opting out requirements (1) If: (a) a person provides an online content service; and (b) wagering advertising content is provided on the online content service; and (c) the ACMA is satisfied that the person is not providing or displaying the things mentioned in paragraph 62S(1)(a) or (b) in relation to the online content service; the ACMA may, by written notice given to the person, direct the person to take, or refrain from taking, specified steps to provide or display those things.

(2) A person contravenes this subsection if: (a) the ACMA gives the person a direction under subsection (1); and (b) the person fails to comply with the direction within 30 days. Civil penalty: 1,000 penalty units. (2) Schedule 1, item 20, page 52 (after line 14), after paragraph 64A(xm), insert: (xmc) subsection 62SA(2); or (3) Schedule 1, item 22, page 53 (after line 12), after paragraph 64C(1)(xm), insert: (xmc) subsection 62SA(2); (4) Schedule 1, item 24, page 54 (after line 10), after paragraph 64D(1)(xm), insert: (xmc) subsection 62SA(2); _____ SHEET MM110 (1) Clause 2, page 2 (table item 2), omit "Schedules 1 to 4", substitute "All Schedules (except Schedule 5)".

(2) Clause 4, page 2 (line 21), omit "Part 7C", substitute "Part 7C or 7D". (3) Schedule 1, item 1, page 4 (line 8), omit "circumstances.", substitute "circumstances;". (4) Schedule 1, item 1, page 4 (after line 8), after paragraph (g), insert: ‚ (h) licensed interactive wagering service providers must not offer inducements or commissions in certain circumstances.

(5) Schedule 1, item 10, page 8 (line 7), omit paragraph 16(e), substitute: (e) Part 7C; or (f) Part 7D; (6) Schedule 1, item 12, page 8 (line 12), omit subparagraph 21(1)(a)(v), substitute: (v) Part 7C; or (vi) Part 7D; (7) Schedule 1, item 22, page 53 (after line 25), after paragraph 64C(1)(xz), insert: (xza) subsection 62ZQ(1); (xzb) subsection 62ZQ(2); (xzc) subsection 62ZR(1); (xzd) subsection 62ZS(1); (xze) section 62ZT; (xzf) subsection 62ZU(1); (xzg) subsection 62ZU(2); (xzh) subsection 62ZU(3); (xzi) subsection 62ZV(3).

(8) Schedule 1, item 24, page 54 (after line 23), after paragraph 64D(1)(xz), insert: (xza) subsection 62ZQ(1); (xzb) subsection 62ZQ(2); (xzc) subsection 62ZR(1); (xzd) subsection 62ZS(1); (xze) section 62ZT; (xzf) subsection 62ZU(1); (xzg) subsection 62ZU(2); (xzh) subsection 62ZU(3); (xzi) subsection 62ZV(3). (9) Schedule 3, page 83 (after line 19), after item 61, insert: 61A Section 61NC (heading) Omit "the National Self-exclusion Register", substitute "National Self-exclusion Register information". 61B Subsection 61NC(1) Omit "individuals are registered individuals as at the time when the request is made.", substitute: individuals: (a) are registered individuals as at the time the request is made; or (b) ceased to be registered individuals in the period of 90 days prior to the day the request is made.

(10) Schedule 3, item 76, page 88 (line 6), omit "(1A)", substitute "(1B)". (11) Page 92 (after line 28), after Schedule 4, insert: Schedule 4A — Inducements Interactive Gambling Act 2001 1 Before Part 8 Insert: Part 7D — Restrictions on inducements etc. Division 1 — Preliminary 62ZK Simplified outline of this Part ‚ Licensed interactive wagering service providers must not: (a) send electronic messages, or make telephone calls, offering inducements (called restricted direct marketing messages) to certain customers; or (b) authorise or cause material offering inducements (called restricted social media advertisements) to be provided to certain customers on social media services.

Licensed interactive wagering service providers also must not: (a) provide, offer to provide, or promise to provide a commission relating to customer activity; or (b) cause a commission relating to customer activity to be provided, or the offer or promise of a commission relating to customer activity to be made. Licensed interactive wagering service providers are also subject to other requirements, including restrictions on contacting former registered individuals and a requirement to keep certain records to ascertain compliance with this Part.

The costs of administering this Part are recovered through a levy imposed under the Interactive Gambling (Cost Recovery Levy) Act 2026. Part 7F of this Act deals with collection of the levy. 62ZL Definitions In this Part: commission includes any commission, incentive, bonus, referral fee, revenue share, profit share, performance payment, variable remuneration or other benefit (whether monetary or non-monetary). customer activity includes the following: (a) creating or reactivating a licensed interactive wagering service account; (b) depositing an amount to a licensed interactive wagering service account; (c) placing or making a bet with a licensed interactive wagering service; (d) removing gambling minimisation measures applied to a licensed interactive wagering service account. designated customer: see section 62ZN. electronic message has the same meaning as in section 61GB. inducement: see section 62ZM. licensed interactive wagering service has the same meaning as in section 61GB. licensed interactive wagering service account has the same meaning as in section 61GB. licensed interactive wagering service provider has the same meaning as in section 61GB. provided: material is provided on a social media service if the material is delivered to one or more of the end-users using the service. registered individual has the same meaning as in section 61GB. restricted direct marketing message: see section 62ZO. restricted social media advertisement: see section 62ZP. social media service has the same meaning as in the Online Safety Act 2021. 62ZM Meaning of inducement Basic definition (1) For the purposes of this Part, inducement means any payment or other benefit that could reasonably be expected to induce a person to wager or gamble.

(2) For the purposes of subsection (1), each of the following is taken to be a payment or other benefit: (a) credit; (b) a gift; (c) a rebate; (d) a reward; (e) a token; (f) a voucher. Things may be determined to be inducements (3) The Minister may, by legislative instrument, determine that a specified thing, or a specified kind of thing, is taken to be an inducement for the purposes of this Part.

Things may be determined not to be inducements (4) If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified thing, or a specified kind of thing, is taken not to be an inducement for the purposes of this Part. ACMA may give advice (5) The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (3) or (4).

Meaning of thing (6) For the purposes of this section, thing includes a series of things. 62ZN Meaning of designated customer For the purposes of this Part, an individual is a designated customer on a day if: (a) the individual ceased to be a registered individual within the period of 90 days before that day; or (b) the individual: (i) ceased to be a registered individual more than 90 days before that day; and (ii) has not, in the time since that 90-day period, consented to receiving restricted direct marketing messages. 62ZO Meaning of restricted direct marketing message (1) For the purposes of this Part, a restricted direct marketing message is an electronic message, or message conveyed in a telephone call, where, having regard to: (a) the content of the message; and (b) the way in which the message is presented; and (c) the content that can be located using the links, telephone number or contact information (if any) set out in the message (including as provided as part of the telephone call); it would be concluded that the purpose, or one of the purposes, of the message is: (d) to offer to provide an inducement to an individual; or (e) to promise to provide an inducement to an individual.

(2) Paragraphs (1)(d) and (e) are to be read independently of each other. 62ZP Meaning of restricted social media advertisement (1) For the purposes of this Part, a restricted social media advertisement is material provided on a social media service where, having regard to: (a) the content of the advertisement; and (b) the way in which the advertisement is presented; and (c) the content that can be located using the links, telephone number or contact information (if any) set out in the advertisement; it would be concluded that the purpose, or one of the purposes, of the advertisement is: (d) to offer to provide an inducement to an individual; or (e) to promise to provide an inducement to an individual.

(2) Paragraphs (1)(d) and (e) are to be read independently of each other. Division 2 — Restrictions on offering inducements etc. 62ZQ Prohibition on offering inducements to designated customers via direct marketing Civil penalty provision — general (1) A licensed interactive wagering service provider contravenes this subsection if: (a) the licensed interactive wagering service provider sends, or causes to be sent, a restricted direct marketing message to an individual; and (b) the individual is a designated customer on the day the message is sent.

Note: For the meaning of designated customer, see section 62ZN. For the meaning of restricted direct marketing message, see section 62ZO. Civil penalty: 1,000 penalty units.

Civil penalty provision — multiple contraventions (2) A licensed interactive wagering service provider contravenes this subsection if: (a) the licensed interactive wagering service provider sends, or causes to be sent, a restricted direct marketing message to an individual; and (b) the individual is a designated customer on the day the message is sent; and (c) the licensed interactive wagering service provider has been found to have contravened subsection (1) on 2 or more occasions during the previous 12 months (whether in respect of that individual or another individual).

Note: For the meaning of designated customer, see section 62ZN. For the meaning of restricted direct marketing message, see section 62ZO. Civil penalty: 5,000 penalty units.

Exception — due diligence (3) Subsections (1) and (2) do not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention. Note: A licensed interactive wagering service provider who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Separate contraventions (4) A licensed interactive wagering service provider who contravenes either subsection (1) or (2) commits a separate contravention of that subsection in respect of each time that the provider sends a restricted direct marketing message to a designated customer. 62ZR Prohibition on offering inducements to designated customers via social media (1) A licensed interactive wagering service provider contravenes this subsection if: (a) the licensed interactive wagering service provider authorises or causes a restricted social media advertisement to be: (i) provided on a social media service; and (ii) delivered to an individual who is an end-user of the service; and (b) the individual is a designated customer on the day the advertisement is provided on the service.

Note: For the meaning of designated customer, see section 62ZN. For the meaning of restricted social media advertisement, see section 62ZP. Civil penalty: 1,000 penalty units.

Exception — due diligence (2) Subsection (1) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention. Note: A licensed interactive wagering service provider who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Separate contraventions (3) A licensed interactive wagering service provider who contravenes subsection (1) commits a separate contravention of that subsection in respect of each time that a restricted social media advertisement is delivered to (or attempted to be delivered to) a designated customer. 62ZS Prohibition on sending restricted direct marketing messages without new consent (1) A licensed interactive wagering service provider contravenes this subsection if: (a) the licensed interactive wagering service provider sends, or causes to be sent, a restricted direct marketing message to an individual; and (b) the individual was a designated customer on a day before the message is sent; and (c) before becoming a designated customer, the individual had consented to receiving such messages; and (d) after ceasing to be a designated customer, and before the restricted marketing message is sent, the individual has not given consent to receiving such messages.

Penalty: 1,000 penalty units. Exception — due diligence (2) Subsection (1) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention. Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Separate contraventions (3) A licensed interactive wagering service provider who contravenes subsection (1) commits a separate contravention of that subsection in respect of each time that a restricted direct marketing message is sent to an individual. 62ZT Prohibition on commissions for referrals etc. A licensed interactive wagering service provider contravenes this section if: (a) the licensed interactive wagering service provider; (i) provides a commission to a person; or (ii) causes a commission to be provided to a person; or (iii) offers to provide, or promises to provide, a commission to a person; or (iv) causes an offer of the provision of a commission, or a promise of the provision of a commission, to be made to a person; and (b) the person is: (i) an employee or agent of the licensed interactive wagering service provider; or (ii) another person engaged to provide services to, or on behalf of, the licensed interactive wagering service provider; and (c) the person is involved in acquiring, retaining, reactivating, managing or referring customers to a licensed interactive wagering service; and (d) the commission relates to customer activity.

Note: For the meaning of customer activity, see section 62ZL. Civil penalty: 1,000 penalty units. Division 3 — Miscellaneous 62ZU Record keeping Civil penalty provision — keeping records about direct marketing (1) If: (a) a person is a licensed interactive wagering service provider; and (b) the person sends a restricted direct marketing message to an individual; the person must keep and retain, for a period of 3 years after the message is sent, sufficient records to enable the person's compliance with this Part to be readily ascertained.

Civil penalty: 500 penalty units. Civil penalty provision — keeping records about social media (2) If: (a) a person is a licensed interactive wagering service provider; and (b) the person authorises or causes a restricted social media advertisement to be provided on a social media service; the person must keep and retain, for a period of 3 years after the advertisement is sent, sufficient records to enable the person's compliance with this Part to be readily ascertained.

Civil penalty: 500 penalty units. Civil penalty provision — making records available (3) A person contravenes this subsection if: (a) the ACMA requests the person to make a record available to the ACMA; and (b) the person fails to comply with the request. Civil penalty: 120 penalty units. 62ZV Anti-avoidance (1) A person contravenes this subsection if: (a) after the commencement of this section, the person, either alone or with one or more other persons or entities: (i) enters into a scheme; or (ii) begins to carry out a scheme; or (iii) carries out a scheme; and (b) the sole or dominant purposes of the scheme is to avoid the operation of one or more provisions of this Part in relation to the person or another person or entity.

(2) For the purposes of the section, a scheme is: (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise. Civil penalty provision (3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 7,500 penalty units. (4) This section applies whether or not the scheme is entered into, begun to be carried out or carried out: (a) in Australia; or (b) outside Australia; or (c) partly in Australia and partly outside Australia. 62ZW ACMA may make advisory guidelines (1) The ACMA may make written guidelines for the purpose of providing guidance about the operation of this Part.

(2) The Minister may direct the ACMA to make guidelines under subsection (1). (3) Guidelines made under subsection (1) are not a legislative instrument. (4) Guidelines made under subsection (1) must be published on the ACMA's website. 62ZX Additional constitutional basis (1) Without limiting its effect apart from this section, this Part also has effect as provided by this section.

(2) This Part also has the effect it would have if each reference in this Part to a licensed interactive wagering service provider were, by express provision, confined to a licensed interactive wagering service provider that is a corporation to which paragraph 51(xx) of the Constitution applies. 62ZY Implied freedom of political communication (1) This Part does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

(2) Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Part. (12) Schedule 5, item 8, page 95 (lines 20 to 23), omit the item, substitute: 8 Application provision — record keeping (1) Section 62ZD of the new IGA Act applies in relation to a broadcast, datacast or provision of content on an online content service that occurs on or after the commencement day.

(2) Section 62ZU of the new IGA Act applies in relation to: (a) a restricted direct marketing message sent on or after the commencement day; and (b) a restricted social media advertisement provided on a social media service on or after the commencement day. (13) Schedule 5, page 96 (after line 15), after item 12, insert: 12A Application provision — prohibition on inducements (1) Section 62ZQ of the new IGA Act applies in relation to a restricted direct marketing message sent, or caused to be sent, on or after a day specified in an instrument made under subitem (3).

(2) Section 62ZR of the new IGA Act applies in relation to a restricted social media advertisement provided on a social media service on or after a day specified in an instrument made under subitem (3). (3) The Minister may, by notifiable instrument, specify a day for the purposes of subitems (1) and (2). (4) A day specified in a notifiable instrument made under subitem (3) must be after the commencement day. 12B Application provision — prohibition on sending direct marketing messages without new consent (1) Section 62ZS of the new IGA Act applies in relation to an individual who is a designated customer on or after a day specified in an instrument made under subitem (2), whether the circumstances giving rise to the individual being a designated customer arose before, on or after that day.

(2) The Minister may, by notifiable instrument, specify a day for the purposes of subitem (1). (3) A day specified in a notifiable instrument made under subitem (2) must be after the commencement day. 12C Application provision — prohibition on commissions Section 62ZT of the new IGA Act applies in relation to the provision, offer or promise of a commission that is made, or caused to be made, on or after the commencement day. _____ SHEET CH122 (1) Schedule 1, item 18, page 35 (line 27) to page 37 (line 8), omit section 62R, substitute: 62R Prohibition on wagering advertising content on online content services during live coverage of sporting events — daytime Civil penalty provision — providing content on online content service (1) A person contravenes this subsection if: (a) the person provides an online content service; and (b) wagering advertising content is provided in Australia on the online content service; and (c) the provision of wagering advertising content on the online content service is in conjunction with live coverage of a sporting event; and (d) the provision of wagering advertising content on the online content service occurs at any time during the period beginning at 5:00 am and ending at 8:30 pm.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content. Note 2: For the meaning of live, see section 62B. For the meaning of sporting event, see section 10A.

Note 3: For working out time in relation to when content is provided on an online content service, see section 62JA. Civil penalty: 1,000 penalty units. Assumptions about coverage (2) For the purposes of subsection (1): (a) wagering advertising content is taken to be provided on the online content service in conjunction with live coverage of a sporting event if the content is provided on the service during the period: (i) beginning 15 minutes before the scheduled start of the sporting event; and (ii) ending 5 minutes after the conclusion of the sporting event; and (b) if there is a scheduled break or unscheduled break in the sporting event—any content provided on the service during the break is taken to be in conjunction with live coverage of the sporting event.

Note: For the meaning of scheduled start, scheduled break and unscheduled break, see section 62B. Civil penalty provision — authorising or causing content to be provided on online content service (3) A person contravenes this subsection if the person authorises or causes wagering advertising content to be included in content provided on an online content service in contravention of subsection (1).

Note: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content. Civil penalty: 1,000 penalty units. Relationship with other provisions (4) To avoid doubt, this section applies in addition to sections 62P, 62Q and 62RA.

Separate contraventions (5) A person who contravenes subsection (1) or (3)commits a separate contravention of that subsection in respect of each time that wagering advertising content is provided on the online content service. 62RA Prohibition on wagering advertising content on online content services during live coverage of sporting events — overnight Civil penalty provision — providing content on online content service (1) A person contravenes this subsection if: (a) the person provides an online content service; and (b) wagering advertising content is provided in Australia on the online content service; and (c) the provision of wagering advertising content on the online content service is in conjunction with live coverage of a sporting event; and (d) the provision of wagering advertising content on the online content service occurs at any time during the period beginning at 8:30 pm on a day and ending at 5:00 am on the following day.

Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content. Note 2: For the meaning of live, see section 62B. For the meaning of sporting event, see section 10A.

Note 3: For working out time in relation to when content is provided on an online content service, see section 62JA. Civil penalty: 1,000 penalty units. Assumptions about coverage (2) For the purposes of subsection (1): (a) wagering advertising content is taken to be provided on the online content service in conjunction with live coverage of a sporting event if the content is provided on the service during the period: (i) beginning immediately before the scheduled start of the sporting event; and (ii) ending immediately after the conclusion of the sporting event; and (b) if there is a scheduled break or unscheduled break in the sporting event—any content provided on the service during the break is taken not to be in conjunction with live coverage of the sporting event.

Example: The provision of content on an online content service in conjunction with live coverage of a sporting event that starts at 5 pm and ends at 10 pm is subject to both: (a) the restrictions under section 62R between 5 pm and 8:30 pm; and (b) the restrictions under this section between 8:30 pm and 10 pm. Separate contraventions (5) A person who contravenes subsection (1) or (3)commits a separate contravention of that subsection in respect of each time that wagering advertising content is provided on the online content service.

(2) Schedule 1, item 20, page 52 (after line 14), after paragraph (xm), insert: (xma) subsection 62RA(1); or (xmb) subsection 62RA(3); or (3) Schedule 1, item 22, page 53 (after line 12), after paragraph (xm), insert: (xma) subsection 62RA(1); (xmb) subsection 62RA(3); (4) Schedule 1, item 24, page 54 (after line 10), after paragraph (xm), insert: (xma) subsection 62RA(1); (xmb) subsection 62RA(3); (5) Schedule 5, item 3, page 93 (line 25), after "62R,", insert "62RA,".

In the time since this bill was introduced to parliament, there have been a number of developments that the government has resolved warrant additional amendments. In particular, our national conference unanimously resolved to support these laws and to look at further action to reduce the harm of inducements. We have also been having constructive discussions with the Greens and the coalition in relation to improvements we could make to make this law stronger whilst also ensuring we strike the right balance.

The Albanese Labor government has achieved bipartisan agreement with the coalition to progress these reforms, including with additional amendments to make the bill even stronger. The government has resolved amendments in a number of areas, including increasing the daytime blackout period for gambling advertising prior to live sport from five minutes to 15 minutes, moving the start time of broadcast restrictions from 6 am to 5 am, banning commissions based on customer activity for any staff agent or affiliate of a wagering service provider, banning the direct marketing of inducements for 90 days after BetStop deregistrations, strong penalties if opt-out options are not prominently displayed, and the extension of the existing live sport broadcasting restrictions to online services.

These amendments make the reforms stronger where Australians need protection most while ensuring that the new rules are practical, enforceable and capable of delivering real change. I commend the amendments to the House.

SourceHouse of Representatives, Tuesday 18 August 2026 — official recordTA-260818-house-3c50651fdca4:s006

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