Interactive Gambling Amendment (Gambling Reform) Bill 2026
Ms SPENDER (Wentworth) (16:40): I move amendments (1) to (11) as circulated in my name together: (1) Schedule 1, item 1, page 4 (line 8), at the end of paragraph (3)(g), add: ; (h) wagering inducements must not be offered, provided or advertised to individuals in Australia. (2) Schedule 1, item 18, page 12 (after line 26), at the end of section 62A, add: ‚ Wagering inducements and incentives (including, but not limited to, sign-up bonuses, free bets, odds boosts, cashback offers, reload bonuses and VIP or loyalty incentives) must not be offered, provided or advertised to individuals in Australia.
Serious contraventions of these prohibitions may attract higher penalties. The ACMA may publish details of contraventions (and in certain circumstances, alleged contraventions) of the wagering inducement prohibitions. (3) Schedule 1, item 18, page 15 (after line 6), after the definition of section of the public in section 62B, insert: serious contravention has the meaning given by subsection 62ZAG(1).
(4) Schedule 1, item 18, page 15 (after line 13), after the definition of wagering advertising contentin section 62B, insert: wagering inducement has the meaning given by section 62ZAB. (5) Schedule 1, item 18, page 45 (after line 18), after Division 5, insert: Division 5A — Prohibition on wagering inducements 62ZAA Simplified outline of this Division ‚ Licensed interactive wagering service providers must not offer, provide or otherwise communicate wagering inducements to individuals in Australia.
Advertising or otherwise promoting the availability of a wagering inducement to an individual in Australia is also prohibited. Wagering inducements include sign-up bonuses, free bets, odds boosts, cashback offers, reload bonuses and VIP or loyalty incentives linked to wagering activity. The Minister may prescribe additional forms of inducement by legislative instrument.
Serious contraventions of this Division (deliberate contraventions that are part of a systematic pattern of conduct) may attract a higher civil penalty. The ACMA may publish details of a person who is found to have contravened this Division or who pays an infringement notice that relates to an alleged contravention of this Division. The general exceptions to this Part that are set out in Division 6 (which include exceptions for certain conduct that is required by law or is accidental) may also apply in some cases in relation to the requirements in this Division. 62ZAB Meaning of wagering inducement Basic definition (1) A wagering inducement is any benefit, offer, reward, credit, payment or advantage that: (a) is offered, provided, or otherwise communicated to an individual in Australia; and (b) is contingent upon, or is intended to encourage, facilitate or reward, any of the following: (i) opening or maintaining a licensed interactive wagering service account; (ii) making one or more bets or wagers; (iii) increasing the frequency, volume or value of betting or wagering activity; (iv) remaining an active customer of a licensed interactive wagering service; (v) depositing funds into a licensed interactive wagering service account.
(2) Without limiting subsection (1), each of the following is taken to be a wagering inducement if it is offered, provided or otherwise communicated to an individual in Australia: (a) a sign-up bonus (including any bonus credit, free bet or other benefit offered to a new customer); (b) a free bet (including a no-deposit bet, a matched bet or a risk-free bet); (c) an odds boost (including any enhancement, promotion or special price offered in relation to a bet); (d) a cashback offer (including any refund, rebate or return of funds contingent on betting activity); (e) a reload bonus (including any credit, promotion or incentive offered to an existing customer contingent on a deposit or betting activity); (f) a VIP or loyalty incentive (including any reward, benefit, preferential treatment or status linked to the volume, frequency or value of a customer's wagering activity); (g) a referral incentive (including any benefit offered to an existing customer contingent on referring another person to the service); (h) a benefit, offer, reward, credit, payment or advantage specified for the purposes of this paragraph in an instrument under subsection (3).
(3) The Minister may, by legislative instrument, specify a benefit, offer, reward, credit, payment or advantage for the purposes of paragraph (2)(h). Exclusions (4) Despite subsections (1) and (2), wagering inducement does not include any of the following that is offered, provided, or otherwise communicatedto an individual in Australia: (a) standard pricing (including odds for a sporting event or race published in the ordinary course of providing a licensed interactive wagering service); (b) a benefit that is offered to all customers of a licensed interactive wagering service on equivalent terms without regard to betting activity, deposit history or account status; (c) a winnings payment made to a customer in accordance with the outcome of a bet; (d) a benefit, offer, reward, credit, payment or advantage specified for the purposes of this paragraph in an instrument under subsection (5).
(5) The Minister may, by legislative instrument, specify a benefit, offer, reward, credit, payment or advantage for the purposes of paragraph (4)(d). ACMA may give advice (6) The ACMA may provide advice to the Minister on any matter relevant to the making of an instrument under subsection (3) or (5). 62ZAC Prohibition on offering etc. wagering inducements Civil penalty provision — offering etc. wagering inducement (1) A licensed interactive wagering service provider contravenes this subsection if the provider offers, provides or otherwise communicates a wagering inducement to an individual in Australia.
Civil Penalty: 1,000 penalty units. Exception to subsection (1) (2) Subsection (1) does not apply if: (a) the wagering inducement was offered, provided or otherwise communicated as a result of a genuine error, mistake or accident; and (b) as soon as practicable after becoming aware of the error, mistake or accident, the provider takes all reasonable steps to reverse or cancel the offer, provision or communication.
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). Civil penalty provision — authorising or causing a wagering inducement to be offered etc. (3) A person contravenes this subsection if the person: (a) offers, provides or otherwise communicates a wagering inducement to an individual in Australia, on behalf of a licensed interactive wagering service provider; or (b) authorises or causes a licensed interactive wagering service provider to offer, provide or otherwise communicate a wagering inducement to an individual in Australia.
Civil Penalty: 1,000 penalty units. Exceptions to subsection (3) (4) Subsection (3) does not apply if: (a) the person's authorising of, or causing of, the licensed interactive wagering service provider to offer, provide or otherwise communicate a wagering inducement to an individual in Australia, as mentioned in subsection (3), was a result of a genuine error, mistake or accident; and (b) as soon as practicable after becoming aware of the error, mistake or accident, the person takes all reasonable steps to get the licensed interactive wagering service provider to reverse or cancel the offer, provision or communication.
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). (5) Subsection (3) does not apply if: (a) the person is an individual; and (b) the individual engages in the conduct mentioned in paragraph (3)(a) or (b) in the individual's personal capacity.
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). Example 1: An individual who is a customer of a licensed interactive wagering service provider is sent a wagering inducement by the provider, and forwards the wagering inducement to a friend, in return for the provider giving the individual a reduced subscription to the service.
Since the individual is acting in their personal capacity, they do not contravene subsection (3). Example 2: An individual who is an employee of a licensed interactive wagering service provider, acting in the course of their employment, authorises another individual who is an employee of the provider to send, on behalf of the provider, a wagering inducement to a third individual in Australia.
Neither employee is acting in their personal capacity, and so neither employee is covered by the exception in subsection (5). (6) For the purposes of paragraph (5)(b), an individual who engages in conduct mentioned in paragraph (3)(a) or (b) does not do so in the individual's personal capacity if the individual does so in the individual's capacity as an employee, director or officer of: (a) the licensed interactive wagering service; or (b) a contracted service provider in relation the licensed interactive wagering service provider; or (c) a related body corporate of the licensed interactive wagering service provider.
(7) In subsection (6), director, officer and related body corporate have the same meanings as in the Corporation Act 2001. (8) Subsection (6) does not limit the circumstances in which an individual taken, for the purposes of paragraph (5)(b), not to engage in conduct in the individual's personal capacity. 62ZAD Prohibition on advertising etc. wagering inducements Civil penalty provision — advertising etc. on broadcasts, datacasts or online content services (1) A person contravenes this subsection if: (a) either: (i) the person broadcasts or datacasts content in Australia; or (ii) the person is an online content service provider and content is provided in Australia on the online content service provided by the person; and (b) the content advertises, promotes or otherwise communicates the availability of a wagering inducement.
Civil Penalty: 1,000 penalty units. Civil penalty provision — authorising or causing advertising etc. (2) A person must not authorise or cause content that advertises, promotes or otherwise communicates the availability of a wagering inducement to be: (a) broadcasted or datacasted in Australia; or (b) provided in Australia on an online content service.
Civil Penalty: 1,000 penalty units. Civil penalty provision — direct communication of advertising etc. (3) A licensed interactive wagering service provider contravenes this subsection if: (a) the provider sends a direct communication, or causes a direction communication to be sent, to an individual in Australia (whether by electronic message, push notification, postal communication, telephone call or any other means); and (b) the direct communication advertises, promotes or otherwise communicates the availability of a wagering inducement.
Civil Penalty: 1,000 penalty units. 62ZAE Prohibition on communicating wagering inducements to registered individuals Civil penalty provision (1) A licensed interactive wagering service provider contravenes this subsection if: (a) the provider communicates a wagering inducement to an individual in Australia; and (b) the individual is a registered individual (within the meaning of section 61GB) at the time of the communication.
Note: See also Division 5 of Part 7B, which deals with the marketing of licensed interactive wagering services to registered individuals. This section applies in addition to that Division. Civil Penalty: 4,000 penalty units.
(2) To avoid doubt, in proceedings for a civil penalty order against a licensed interactive wagering service provider for a contravention of subsection (1), it is not necessary to prove that the provider knew, or could reasonably be expected to have known, that the individual was a registered individual at the time of the communication. Note: See also section 94 of the Regulatory Powers Act.
Exception (3) Subsection (1) does not apply if: (a) the communication was made as a result of a genuine error, mistake or accident; and (b) as soon as practicable after becoming aware of the error, mistake or accident, the licensed interactive wagering service provider takes all reasonable steps to reverse or cancel the communication. 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). 62ZAF Record keeping in relation to this Division Conduct covered by this section (1) This section applies to a licensed interactive wagering service provider if the provider engages in any of the following conduct: (a) offering, providing or otherwise communicating a wagering inducement to an individual in Australia (whether by means of a broadcast or datacast, or an online content service, or by any other means); (b) authorising or causing a licensed interactive wagering service provider to do a thing mentioned in paragraph (a); (c) advertising, promoting or otherwise communicating the availability of a wagering inducement to an individual in Australia (whether by means of a broadcast or datacast, or an online content service, or by any other means); (d) authorising or causing a person to do a thing mentioned in paragraph (c).
Civil penalty provision — keeping records (2) The licensed interactive wagering service provider must keep and retain, for a period of 3 years after engaging in the conduct, sufficient records to enable it to be readily ascertained whether the conduct complies with this Division. Civil Penalty: 120 penalty units. ACMA may request records (3) The ACMA may, by written notice given to a licensed interactive wagering service provider, request the provider to make available to the ACMA a record that the provider is required to keep and retain under subsection (2).
Civil penalty provision — making records available (4) If the ACMA makes a request under subsection (3) that a licensed interactive wagering service provider make a record available to the ACMA, the provider must comply with the request. Civil penalty: 120 penalty units. 62ZAG Serious contraventions of this Division Serious contraventions (1) A contravention of a civil penalty provision of this Division by a person is a serious contravention if the conduct of the person that constituted the contravention was: (a) deliberate; and (b) part of a systematic pattern of conduct by the person.
(2) Without limiting paragraph (1)(b), the matters may be taken to in account in determining whether the conduct of the person was part of a systematic pattern of conduct by the person include the following: (a) whether the person has committed more than one contravention of a civil penalty provision of this Division, and if the person has committed more than one such contravention: (a) the period of time over which the contraventions occurred; and (b) the number of individuals affected by the contraventions; (b) if the person has received a complaint in relation to conduct of the person that constituted a contravention of a civil penalty provision of this Division—how the person responded to the complaint.
Application for order in relation to a serious contravention (3) If a person applies for a civil penalty order in relation to an alleged serious contravention of a civil penalty provision of this Division, the application must specify the alleged serious contravention. Increased penalty for serious contraventions (4) If, in proceedings for a civil penalty order in relation to an alleged serious contravention of a civil penalty provision of this Division, a relevant court is satisfied that the person has committed a serious contravention of the provision then, for the purposes of making a civil penalty order against the person in relation to the contravention, the pecuniary penalty specified for provision is 5 times the pecuniary penalty that would, apart from this subsection, be specified for the provision.
Note: Under subsection 85(2) of the Regulatory Powers Act, the pecuniary penalty specified for a civil penalty provision of this Division is the maximum amount that a relevant court may order a person who is not a body corporate to pay for a contravention of the provision (and the maximum amount for a contravention by a body corporate is 5 times the maximum amount for a contravention by a person who is not a body corporate).
Alternative orders (5) If, in proceedings for a civil penalty order in relation to an alleged serious contravention of a civil penalty provision of this Division, a relevant court: (a) is not satisfied that the person has committed a serious contravention of that provision; but (b) is satisfied that the person has contravened that provision; then: (c) the court may make a civil penalty order against the person for the contravention; and (d) to avoid doubt, subsection (4) does not apply for the purposes of making that order. 62ZAH Publishing information about contraventions and alleged contraventions of this Division Scope of this section (1) This section applies if: (a) a relevant court makes a civil penalty order against a person for a contravention of a civil penalty provision of this Division; or (b) a person pays an amount stated in an infringement notice given to the person in relation to an alleged contravention of a civil penalty provision of this Division.
Publication (2) The ACMA may publish on its website any or all of the following: (a) the name of the person; (b) a description of the conduct constituting the contravention or alleged contravention; (c) the provision of this Division contravened or alleged to have been contravened; (d) the amount of the pecuniary penalty ordered by the court, or stated in the infringement notice, as the case may be; (e) any other matter the ACMA considers relevant to public understanding of the contravention or alleged contravention.
Opportunity to comment (3) Before publishing information about a person under subsection (2), the ACMA must: (a) give the person written notice of the information the ACMA proposes to publish; and (b) give the person a period of not less than 14 days to make a submission to the ACMA about the proposed publication; and (c) have regard to any submission made by the person within that period.
Duration of publication (4) Information published under subsection (2) must remain published for a period of not less than 2 years, unless the ACMA is satisfied that it is no longer in the public interest for the information to remain published. No admission of liability etc. (5) To avoid doubt, if the ACMA publishes information under subsection (2) about a person who has paid an amount stated in an infringement notice that relates to an alleged contravention of a civil penalty provision, that publication does not constitute: (a) a finding that the person has contravened the civil penalty provision; or (b) an admission by the person of guilt or liability for the alleged contravention.
No limit on other publication powers (6) This section does not limit any power that the ACMA has apart from this section to publish information, including in an annual report or in the exercise of any of the ACMA's other reporting functions. (6) Schedule 1, item 20, page 52 (after line 23), after paragraph 64A(xv), insert: (xva) subsection 62ZAC(1); or (xvb) subsection 62ZAC(3); or (xvc) subsection 62ZAD(1); or (xvd) subsection 62ZAD(2); or (xve) subsection 62ZAD(3); or (xvf) subsection 62ZAE(1); or (xvg) subsection 62ZAF(2); or (xvh) subsection 62ZAF(4); or (7) Schedule 1, item 22, page 52 (before line 33), before paragraph 64C(1)(x), insert: (wa) subsection 62ZAC(1); (wb) subsection 62ZAC(3); (wc) subsection 62ZAD(1); (wd) subsection 62ZAD(2); (we) subsection 62ZAD(3); (wf) subsection 62ZAE(1); (wg) subsection 62ZAF(2); (wh) subsection 62ZAF(4); (8) Schedule 1, item 22, page 52 (line 33), omit "; (x)", substitute "(x)".
(9) Schedule 1, item 24, page 53 (before line 31), before paragraph 64D(1)(x), insert: (wa) subsection 62ZAC(1); (wb) subsection 62ZAC(3); (wc) subsection 62ZAD(1); (wd) subsection 62ZAD(2); (we) subsection 62ZAD(3); (wf) subsection 62ZAE(1); (wg) subsection 62ZAF(2); (wh) subsection 62ZAF(4); (10) Schedule 1, item 24, page 53 (line 31), omit "; (x)", substitute "(x)".
(11) Schedule 5, page 95 (after line 5), after item 5, insert: 5A Application provision — wagering inducements (1) Section 62ZAC of the new IGA Act applies in relation to conduct occurring on or after the commencement day. (2) Section 62ZAD of the new IGA Act applies in relation to the following: (a) a broadcast or datacast that occurs on or after the commencement day; (b) content is that provided on an online content service on or after the commencement day; (c) a direct communication that occurs on or after the commencement day.
(3) Section 62ZAE of the new IGA Act applies in relation to a communication that occurs on or after the commencement day. (4) Section 62ZAF of the new IGA applies in relation to conduct mentioned in subsection 62ZAF(1) of that Act that occurs on or after the commencement day. (5) Section 62ZAG of the new IGA Act applies in relation to a contravention mentioned in subsection 62ZAG(1) of that Act that occurs on or after the commencement day (whether the systematic pattern of conduct mentioned in paragraph 62ZAG(1)(b) of that Act began before, on or after the commencement day).
(6) Section 62ZAH of the new IGA Act applies in relation to the following: (a) a civil penalty order for a contravention of a civil penalty provision, if the contravention occurred on or after the commencement day; (b) an infringement notice that relates to an alleged contravention of a civil penalty provision, if the contravention was alleged to have occurred on or after the commencement day.
The amendments that I have moved today go to inducements. They actually go to recommendation 16 of the Murphy review, which says: The Committee recommends that the Australian Government prohibit all online gambling inducements and inducement advertising, and that it do so without delay. I can't say that the government has followed this recommendation.
The delay has been exhaustive. It took over a thousand days for the government to even respond to the Murphy review. It turns out that, now that the government has decided to act, we can't even have a full debate on the gambling advertising legislation and changes they're putting forward, because that apparently has to pass through without delay.
I want to note that this is a bad way of managing complex legislation that matters to the Australian people. This is a deal between both the major parties, who have agreed to these amendments, which they have given to people without any notice at all. It's just a bad way to run this parliament and shows a deep lack of respect for the people who sent us to this place to address these issues.
I want to talk about why inducements are important. The government has said, 'We are trying to address gambling harm.' Well, if you're trying to address gambling harm, there is no better place than to ban inducements. I want to quote some research by Professor Samantha Thomas.
These are some words that some young people have used to describe inducements: 'It did encourage me to place more bets than I usually would, because it felt like I wasn't using my own money. When I didn't bet for a while, I was sent bonus bet texts. This influenced me, as it prompted me to go back.' Inducements appeal to young adults because they make gambling feel easier, cheaper or more exciting.
Promotions encourage people to bet more than they normally would, and that's exactly what they do. Inducements create urgency, reduce the perception of risk and make people feel like they're not gambling with their own money. This is what creates the problem-gamblers that we have in this country.
This is what creates the harm that we have in this country, driven by gambling. I recognise the government has put forward a number of amendments in relation to inducements, and I support those amendments for what they are. Honestly, though, this is not what the Murphy review requested, and I am sceptical about the impact of these minor amendments that the government and opposition have agreed to and about whether they will genuinely make the difference that they're intended to make.
There's a cooling-off period of 14 days and a ban for those people who've been red flagged by the government's metrics, though we're not quite sure how that's going to work. There are also some bans for people who have put themselves forward with BetStop. This is a situation where we are literally providing the pathway for people to become problem-gamblers and for people's lives to be ruined by gambling and then saying, 'By the time you get there, we'll see if we can do anything to make this a little bit easier for you.' The government has an option.
The opposition has an option. It could just go out there and ban inducements altogether. It has failed to do this, and this is deeply disappointing.
It is deeply disappointing to all the people who came and gave their time and effort to all the inquiries that we have had about gambling. We could be making Australians safer right now and we have chosen not to. That is a decision that has been made by the major parties.