House debates Bills
Interactive Gambling Amendment (Gambling Reform) Bill 2026; Consideration in Detail
Anika Wells Lilley, Australian Labor Party, Minister for Sport
12:43 pm
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".
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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".
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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);
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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.
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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.
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 62R.
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.
Anthony Albanese Grayndler, Australian Labor Party, Prime Minister
12:46 pm
I want to thank the parliament for coming together to deal with this issue and get a result that will work. This new legislation, the Interactive Gambling Amendment (Gambling Reform) Bill 2026, is the most significant gambling advertising reform by any Australian government ever. It increases protections for people who are most at risk of gambling harm while continuing to allow those who enjoy a bet to do so. And Australians will be better protected from inducements and direct marketing, as we determined we would pursue at the Adelaide ALP National Conference. Importantly, this legislation concentrates on those who need our help the most: people at most risk of harm. It doesn't preach to the community, but it meaningfully increases protections for those who most need it.
I want to pay tribute to the minister, Anika Wells, as well as to the previous minister, the member for Greenway, for the work that has been done since we came to government in 2022. This is the next tranche of reform to make a difference. It will minimise children's exposure to gambling ads by banning gambling ads during children's programming and during live sport between 5 am and 8:30 pm. It will result in fewer gambling ads during sport by blacking out wagering ads 15 minutes before a live sporting event. And it will ban celebrity endorsements as well as odds-style ads and ads in venues and on jerseys.
This is what will make an enormous difference. The majority of the NRL clubs currently in the National Rugby League have something on their jumpers or some form of sponsorship, which means that sponsorship is constant, and this will outlaw that. It will allow people who want to opt out of gambling ads to do so more easily through a simple opt-out gambling ad register, 'adstop', to back up the BetStop legislation previously introduced by the former minister, which, previous to this legislation, was the most significant antigambling measure ever and one that has been particularly successful. It will protect vulnerable or addicted gamblers with strengthened measures, by prohibiting direct marketing of inducements to people at risk of gambling harm, extending to 90 days the ban on direct marketing for people exiting BetStop, and banning wagering companies from giving commissions to employees to increase customer gambling activity, with specific higher penalties for social media companies that publish illegal gambling ads.
This legislation, across the board, will make an enormous difference, and I want to thank all those who have engaged constructively in this process. These issues are not simple. These issues are ones where we want to make sure we identify those who are most at risk and take action to provide protection for them.
This legislation, with the amendments, both the amendments that will be moved by the government and the amendments that will be moved by the opposition, today, will make an enormous difference. It will also provide for more enforcement action—the pocket pokies ban, which is really important; the sports integrity boost; the social media ad crackdown; and the illegal offshore gambling—boosting enforcement against illegal offshore gambling providers and enabling the ACMA to issue removal notices requiring hosting service providers to cease access to illegal gambling websites for Australians. This will make an enormous difference, as will the simulcast exception, enabling broadcasters to observe broadcast rules instead of the triple-lock rules for live channels on their BVOD platforms and extend the dedicated racing and wagering exception to online simulcast services. This is an example of a common sense change that will reflect what I think are community attitudes.
There will be a statutory review as well, where the minister will be required to initiate the review as soon as practicable after three years from the commencement of the act, expected to be 1 January next year. I commend the amendments of both the government and the opposition to the House. I commend the amended legislation to the House, and I'm very pleased that, after what's been an extensive debate today, reform will move forward.
Question agreed to.
Anika Wells Lilley, Australian Labor Party, Minister for Sport
12:51 pm
In accordance with the resolution agreed to on 17 August 2026, the opposition may move two sets of amendments.
Melissa McIntosh Lindsay, Liberal Party, Shadow Minister for Women
I move opposition amendments (1) to (10) on sheet AE117, amendments (1) to (3) of sheet AE118, amendments (1) to (6) on sheet AE119, amendment (1) on sheet HG144, amendments (1) to (11) on sheet CH121, amendments (1) to (7) on sheet CH123, amendments (1) to (6) on sheet MM111 and amendment (1) on sheet TK116, circulated in my name, together:
SHEET AE117
(1) Schedule 1, item 18, page 14 (lines 11 to 13), omit the definition of online simulcast service in section 62B, substitute:
online radio simulcast service: see section 62FA.
online television simulcast service: see section 62FA.
(2) Schedule 1, item 18, page 21 (after line 18), after section 62F, insert:
62FA Meaning of online radio simulcast service and online television simulcast service
(1) For the purposes of this Part, an online radio simulcast service means a service, or a part of a service, that is provided to end-users using an internet carriage service, and that:
(a) does no more than provide a stream of content that is identical to the stream of programs transmitted on:
(i) a commercial radio broadcasting service provided under a commercial radio broadcasting licence; or
(ii) a subscription radio narrowcasting service; or
(iii) a radio broadcasting service provided by the Special Broadcasting Service Corporation; and
(b) provides that stream of content simultaneously, or almost simultaneously, with the transmission of that stream of programs.
(2) For the purposes of this Part, an online television simulcast service means a service, or a part of a service, that is provided to end-users using an internet carriage service, and that:
(a) does no more than provide a stream of content that is identical to the stream of programs transmitted on:
(i) a commercial television broadcasting service provided under a commercial television broadcasting licence; or
(ii) a subscription television broadcasting service provided under a subscription television broadcasting licence; or
(iii) a subscription television narrowcasting service; or
(iv) a television broadcasting service provided by the Special Broadcasting Service Corporation; and
(b) provides that stream of content simultaneously, or almost simultaneously, with the transmission of that stream of programs.
(3) For the purposes of subsections (1) and (2), in determining whether a stream of content is identical to a stream of programs, disregard:
(a) any differences that are attributable to the technical characteristics of the provision or transmission (for example, video resolution or sound quality); and
(b) the presence or absence of:
(i) any advertising content, sponsorship content or promotional content; and
(ii) any watermark-type logo or insignia.
(4) Terms used in this section that are defined in the Broadcasting Services Act 1992, or in Schedule 8 to that Act, have the same meaning in this section as they have in that Act or that Schedule.
(3) Schedule 1, item 18, page 32 (lines 9 to 18), omit subsection 62P(6), substitute:
Exception online simulcast services
(6) Subsection (1) does not apply, to the extent that the online content service includes the provision of an online radio simulcast service or an online television simulcast service, if a notice is in force under section 62SB in relation to the simulcast service.
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).
(4) Schedule 1, item 18, page 33 (lines 16 to 21), omit subsections 62P(11) and (12).
(5) Schedule 1, item 18, page 34 (lines 14 to 23), omit subsection 62Q(3), substitute:
Exception online simulcast services
(3) Subsection (1) does not apply, to the extent that the online content service includes the provision of an online radio simulcast service or an online television simulcast service, if a notice is in force under section 62SB in relation to the simulcast service.
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).
(6) Schedule 1, item 18, page 35 (lines 21 to 26), omit subsections 62Q(8) and (9).
(7) Schedule 1, item 18, page 37 (before line 27), before Division 4, insert:
Division 3A — Alternative treatment of certain online radio and television simulcast services
62SB Notice of alternative treatment
(1) If an online content service provider provides:
(a) an online radio simulcast service; or
(b) an online television simulcast service;
the provider may give written notice to the ACMA stating they wish for this Division to apply to the online radio simulcast service or online television simulcast service (the simulcast service).
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) The notice must specify the following:
(a) the day (the start day) the notice comes into force, which must not be earlier than 7 days before the day the provider gives the ACMA the notice;
(b) the name of the simulcast service.
(3) The notice is in force for the period that:
(a) starts on the start day; and
(b) ends on the day that is 12 months after the start day, or the day the notice is revoked by the provider (whichever is the earlier).
Note: When the notice is in force:
(a) sections 62P and 62Q do not apply in relation to the simulcast service (see subsections 62P(6) and 62Q(3)); and
(b) for an online radio simulcast service—section 62SD applies to the simulcast service; and
(c) for an online television simulcast service—section 62SC applies to the simulcast service.
Effect of a notice must be communicated to customers
(4) The provider must, before the start day, notify potential end-users of the simulcast service that this Division applies to the simulcast service.
62SC Frequency cap for wagering advertising content — online television simulcast services
Civil penalty provision providing content
(1) A person contravenes this subsection if:
(a) a person provides an online television simulcast service; and
(b) a notice is in force under section 62SB in relation to the online television simulcast service; and
(c) wagering advertising content is provided in Australia on the online television simulcast service; and
(d) the provision occurs at any time during the period (the restricted time) beginning at 5:00 am and ending at 8:30 pm; and
(e) the total number of times that wagering advertising content is provided exceeds 3 (the frequency cap) during any 60 minute period that occurs during the restricted time.
Note: The time the content is provided is worked out by reference to section 62JA.
Civil penalty: 1,000 penalty units.
Civil penalty provision authorising or causing provision of content
(2) A person must not authorise or cause wagering advertising content to be provided in contravention of subsection (1).
Civil penalty: 1,000 penalty units.
Exception streaming dedicated racing or wagering programs
(3) Subsections (1) and (2) do not apply to the extent the online television simulcast service provides wagering advertising content on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:
(a) a dedicated racing program; or
(b) a dedicated wagering program.
Note 1: 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).
Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).
Note 3: For when a program is dedicated to racing or wagering, see section 62E.
Exception due diligence
(4) Subsections (1) and (2) do not apply in relation to a person if:
(a) the provision of wagering advertising content that exceeds the frequency cap is a result of a genuine error, mistake or accident; and
(b) the person took reasonable precautions, and exercised due diligence, to avoid the error, mistake or accident.
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
(5) A person who contravenes subsection (1) or (2) commits a separate contravention of that subsection in respect of each provision of wagering advertising content that exceeds the frequency cap.
62SD Prohibition on wagering advertising content for school drop off and pick up — online radio simulcast services
Civil penalty provision providing content
(1) A person contravenes this subsection if:
(a) a person provides an online radio simulcast service; and
(b) a notice is in force under section 62SB in relation to the online radio simulcast service; and
(c) wagering advertising content is provided in Australia on the online radio simulcast service; and
(d) the provision occurs during a school day, at any time during the period:
(i) beginning at 8 am and ending at 9 am; or
(ii) beginning at 3 pm and ending at 4 pm.
Note: The time content is provided, and whether the provision occurs on a school day, is worked out by reference to section 62JA.
Civil penalty: 1,000 penalty units.
Civil penalty provision authorising or causing provision of content
(2) A person must not authorise or cause wagering advertising content to be provided in contravention of subsection (1).
Civil penalty: 1,000 penalty units.
Exception streaming dedicated racing or wagering programs
(3) Subsections (1) and (2) do not apply to the extent the online radio simulcast service provides wagering advertising content on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:
(a) a dedicated racing program; or
(b) a dedicated wagering program.
Note 1: 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).
Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).
Note 3: For when a program is dedicated to racing or wagering, see section 62E.
(8) Schedule 1, item 20, page 52 (before line 15), before paragraph 64A(xn), insert:
(xmd) subsection 62SC(1); or
(xme) subsection 62SC(2); or
(xmf) subsection 62SD(1); or
(xmg) subsection 62SD(2); or
(9) Schedule 1, item 22, page 53 (before line 13), before paragraph 64C(1)(xn), insert:
(xmd) subsection 62SC(1);
(xme) subsection 62SC(2);
(xmf) subsection 62SD(1);
(xmg) subsection 62SD(2);
(10) Schedule 1, item 24, page 54 (before line 11), before paragraph 64D(1)(xn), insert:
(xmd) subsection 62SC(1);
(xme) subsection 62SC(2);
(xmf) subsection 62SD(1);
(xmg) subsection 62SD(2);
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SHEET AE118
(1) Schedule 2, page 64 (after line 2), before item 9, insert:
8A Section 4
Insert:
social media service has the same meaning as in the Online Safety Act 2021.
(2) Schedule 2, page 64 (after line 13), after item 10, insert:
10A After subsection 61EA(1A)
Insert:
(1B) Subsection (1A) does not apply to a person if subsection (4) applies to the person.
10B After subsection 61EA(2A)
Insert:
(2B) Subsection (2A) does not apply to a person if subsection (4) applies to the person.
(3) Schedule 2, Part 2, page 64 (after line 15), at the end of the Part, add:
11A At the end of section 61EA
Add:
Publishing on social media
(4) A person must not publish, or authorise or cause to be published, a designated interactive gambling service advertisement in Australia if:
(a) the person provides an online content service; and
(b) the publication is on the online content service; and
(c) the online content service is a social media service.
Note: For when a designated interactive gambling service advertisement included or provided on an online content service is taken to be published in Australia, see section 61AB.
Civil penalty: 5,000 penalty units.
Exception
(5) Subsection (4) does not apply if the person 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).
11B After paragraph 64C(1)(i)
Insert:
(ia) subsection 61EA(4);
11C After paragraph 64D(1)(i)
Insert:
(ia) subsection 61EA(4);
_____
SHEET AE119
(1) Schedule 1, item 18, page 33 (line 5), omit "service.", substitute "service; or".
(2) Schedule 1, item 18, page 33 (after line 5), after paragraph 62P(9)(b), insert:
(c) an online radio simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:
(i) a dedicated racing program; or
(ii) a dedicated wagering program; or
(d) an online television simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:
(i) a dedicated racing program; or
(ii) a dedicated wagering program.
(3) Schedule 1, item 18, page 33 (line 9), after "online content service", insert "or a program".
(4) Schedule 1, item 18, page 35 (line 10), omit "service.", substitute "service; or".
(5) Schedule 1, item 18, page 35 (after line 10), after paragraph 62Q(6)(b), insert:
(c) an online radio simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:
(i) a dedicated racing program; or
(ii) a dedicated wagering program; or
(d) an online television simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:
(i) a dedicated racing program; or
(ii) a dedicated wagering program.
(6) Schedule 1, item 18, page 35 (line 14), after "online content service", insert "or a program".
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SHEET HG144
(1) Page 93 (before line 1), before Schedule 5, insert:
Schedule 4C — Statutory review of certain Parts
Interactive Gambling Act 2001
1 After section 68
Insert:
68A Review of operation of Parts 7C, 7D and 7E
(1) The Minister must cause a review to be conducted of the operation of:
(a) Parts 7C, 7D and 7E; and
(b) the remaining provisions of this Act, so far as they relate to those Parts.
Timing of review
(2) The persons conducting the review must commence the review as soon as practicable after the end of the period of 3 years starting on the day this section commences.
Public consultation
(3) The review must make provision for public consultation.
Minister to be given report of review
(4) The persons conducting the review must give the Minister a written report of the review before the end of the period of 6 months starting on the day the review commences.
Minister to table copy of report of review
(5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
_____
SHEET CH121
(1) Schedule 1, item 18, page 12 (after line 17), after the paragraph beginning "Wagering advertising content must" in section 62A, insert:
Wagering advertising content must not be broadcast, datacast, or provided on certain streaming services, during children's programming.
(2) Schedule 1, item 18, page 13 (after line 16), after the definition of broadcast in section 62B, insert:
broadcasting video on demand service has the same meaning as in Part 9E of the Broadcasting Services Act 1992.
(3) Schedule 1, item 18, page 13 (after line 18), after the definition of channel in section 62B, insert:
children means individuals under 18 years of age.
(4) Schedule 1, item 18, page 15 (after line 6), after the definition of section of the public in section 62B, insert:
subscription video on demand service has the same meaning as SVOD service in Part 8C of the Broadcasting Services Act 1992.
(5) Schedule 1, item 18, page 24 (after line 16), after section 62J, insert:
62JA Working out what time etc. applies for providing content on online content services
Working out time
(1) Subsection (2) applies in working out the time when content is provided on an online content service to an end-user for the purposes of this Part.
(2) The time of the provision of the content is taken to be the legal time where the end-user of the online content service is located.
Working out school days
(3) Subsection (4) applies in working out whether content is provided on an online content service to an end-user on a school day for the purposes of this Part.
(4) The day of the provision of the content to taken to be a school day if the day is not a Saturday, Sunday, public holiday or public school holiday where the end-user of the online content service is located.
(6) Schedule 1, item 18, page 40 (before line 15), before section 62V, insert:
Subdivision A — Prohibitions relating to children's programming
62UA Prohibition relating to wagering advertising content during programs directed towards children
Civil penalty provision broadcasting, datacasting or providing content on certain streaming services
(1) A person contravenes this subsection if:
(a) either:
(i) the person broadcasts or datacasts wagering advertising content in Australia; or
(ii) the person provides an online content service that is a broadcasting video on demand service or a subscription video on demand service and wagering advertising content is provided in Australia on the online content service; and
(b) the broadcast, datacast or provision on the online content service of the wagering advertising content occurs during a program that is wholly or principally directed towards children; and
(c) the broadcast, datacast or provision on the online content service of the wagering advertising content 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 broadcasting video on demand service, children and subscription video on demand service, see section 62B.
Note 3: The time of a broadcast or datacast is worked out by reference to section 62J. 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.
Civil penalty provision authorising or causing broadcasting, datacasting or provision of content on certain streaming services
(2) A person must not authorise or cause wagering advertising content to be broadcast, datacast or included in content provided on an online content service that is a broadcasting video on demand service or a subscription video on demand 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
(3) To avoid doubt, this section applies in addition to sections 62P and 62Q.
(4) If conduct constitutes a contravention of subsection (1) and subsection 62UB(1), proceedings may be started against a person in relation to the contravention of either or both of those subsections. However, the person is not liable to more than one pecuniary penalty in relation to the same conduct.
62UB Prohibition relating to wagering advertising content during programs likely to be viewed by children
Civil penalty provision broadcasting, datacasting or providing content on certain streaming services
(1) A person contravenes this subsection if:
(a) either:
(i) the person broadcasts or datacasts wagering advertising content in Australia; or
(ii) the person provides an online content service that is a broadcasting video on demand service or a subscription video on demand service and wagering advertising content is provided in Australia on the online content service; and
(b) the broadcast, datacast or provision on the online content service of the wagering advertising content occurs during a program that is classified:
(i) G under the Classification (Publications, Films and Computer Games) Act 1995; or
(ii) as a C program or P program under the Broadcasting Services (Australian Content and Children's Television) Standards 2020; and
(c) the broadcast, datacast or provision on the online content service of the wagering advertising content occurs at any time during the period:
(i) beginning at 6 am and ending at 8:30 am; or
(ii) beginning at 4 pm and ending at 7 pm.
Note 1: See sections 62ZA, 62ZB and 62ZC for general exceptions for conduct relating to content.
Note 2: For the meaning of broadcasting video on demand service, children and subscription video on demand service, see section 62B.
Note 3: The time of a broadcast or datacast is worked out by reference to section 62J. 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.
Civil penalty provision authorising or causing broadcasting, datacasting or provision of content on certain streaming services
(2) A person must not authorise or cause wagering advertising content to be broadcast, datacast or included in content provided on an online content service that is a broadcasting video on demand service or a subscription video on demand 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.
Exception dedicated racing or wagering program, channel or online content service
(3) Subsections (1) and (2) do not apply if the wagering advertising content is broadcast, datacast or provided on:
(a) a dedicated racing program, channel or online content service; or
(b) a dedicated wagering program, channel or online content service; or
(c) an online radio simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:
(i) a dedicated racing program; or
(ii) a dedicated wagering program; or
(d) an online television simulcast service, to the extent the wagering advertising content is provided on a stream of content identical (disregarding the matters mentioned in subsection 62FA(3)) to content transmitted on:
(i) a dedicated racing program; or
(ii) a dedicated wagering program.
Note 1: 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).
Note 2: See also sections 62ZA, 62ZB and 62ZC (which are about general exceptions for conduct relating to content).
Note 3: For when a program, channel or online content service is dedicated to racing or wagering, see section 62E.
Relationship with other provisions
(4) To avoid doubt, this section applies in addition to sections 62P and 62Q.
(5) If conduct constitutes a contravention of subsection (1) and subsection 62UA(1), proceedings may be started against a person in relation to the contravention of either or both of those subsections. However, the person is not liable to more than one pecuniary penalty in relation to the same conduct.
Subdivision B — Other prohibitions and restrictions
(7) Schedule 1, item 20, page 52 (after line 15), after paragraph (xn), insert:
(xna) subsection 62UA(1); or
(xnb) subsection 62UA(2); or
(xnc) subsection 62UB(1); or
(xnd) subsection 62UB(2); or
(8) Schedule 1, item 22, page 53 (after line 13), after paragraph (xn), insert:
(xna) subsection 62UA(1);
(xnb) subsection 62UA(2);
(xnc) subsection 62UB(1);
(xnd) subsection 62UB(2);
(9) Schedule 1, item 24, page 54 (after line 11), after paragraph (xn), insert:
(xna) subsection 62UA(1);
(xnb) subsection 62UA(2);
(xnc) subsection 62UB(1);
(xnd) subsection 62UB(2);
(10) Schedule 5, item 3, page 93 (line 20), after "subsection", insert "62UA(1), 62UB(1) and".
(11) Schedule 5, item 3, page 93 (line 26), after "subsection", insert "62UA(1), 62UB(1) and".
_____
SHEET CH123
(1) Schedule 2, item 17, page 68 (after line 12), after the paragraph beginning "The ACMA may issue" in section 3, insert:
(2) Schedule 2, item 20, page 69 (line 7), omit paragraph (c) of the definition of removal notice, substitute:
(c) section 61EJ; or
(d) section 61EJA.
(3) Schedule 2, item 22, page 70 (line 25), at the end of the heading to section 61EJ, add "—advertisements".
(4) Schedule 2, item 22, page 71 (after line 4), after section 61EJ, insert:
61EJA Removal notice given to a hosting service provider — designated interactive gambling services
(1) If:
(a) a designated interactive gambling service is, or has been, provided on an online content service; and
(b) the designated interactive gambling service is hosted by a hosting service provider;
the ACMA may give the hosting service provider a written notice (a removal notice) requiring the provider to:
(c) take all reasonable steps to cease hosting the designated interactive gambling service; and
(d) do so within:
(i) 24 hours after the notice was given to the provider; or
(ii) such longer period as the ACMA allows.
(2) So far as is reasonably practicable, the designated interactive gambling service must be identified in the removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice.
(3) For the purposes of this section, a designated interactive gambling service ceases being hosted if the service is neither accessible to, nor delivered to, any end-users in Australia.
(5) Schedule 2, item 22, page 71 (line 7), omit "or 61EJ", substitute ", 61EJ or 61EJA".
(6) Schedule 5, item 11, page 96 (line 6), before "Division 5A", insert "(1)".
(7) Schedule 5, item 11, page 96 (after line 9), at the end of the item, add:
(2) Section 61EJA of the new IGA Act applies in relation to a removal notice given on or after the commencement day, whether the designated interactive gambling service is provided before, on or after the commencement day.
_____
SHEET MM111
(1) Amendment (7), after paragraph 64C(1)(xzd), insert:
(xzda) subsection 62ZSA(1);
(2) Amendment (8), after paragraph 64D(1)(xzd), insert:
(xzda) subsection 62ZSA(1);
(3) Amendment (11), omit section 62ZN, substitute:
62ZN Meaning of designated customer
(1) For the purposes of this Part, an individual is a designated customer on a day if subsection (2), (3) or (4) applies to the individual on that day.
Previously registered individuals
(2) This subsection applies to an individual 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, expressly consented to receiving restricted direct marketing messages.
New account holders
(3) This subsection applies to an individual on a day if, on that day:
(a) the individual has a licensed interactive wagering service account; and
(b) the account has been open for 14 days or less.
Individuals identified as at risk of gambling-related harm
(4) This subsection applies to an individual on a day if:
(a) on or before that day, the individual has been identified by a licensed interactive wagering service provider, in accordance with section 62ZSA, as someone who may reasonably be considered to be at risk of gambling-related harm (an at-risk customer); and
(b) on that day, either:
(i) the person is an at-risk customer; or
(ii) the person ceased to be an at-risk customer within the period of 90 days before that day.
Note: Section 62ZSA imposes an obligation on licensed interactive wagering service providers to monitor customer activity to identify individuals who may be at risk of gambling-related harm.
(4) Amendment (11), paragraph 62ZS(1)(b), after "designated customer", insert "(within the meaning of subsection (2) of the definition of designated customer in section 62ZN)".
(5) Amendment (11), after section 62ZS, insert:
62ZSA Ongoing customer harm minimisation monitoring
(1) A licensed interactive wagering service provider must monitor the customer activity of individuals who use the licensed interactive wagering service to identify individuals that may reasonably be considered to be at risk of gambling-related harm.
Civil penalty: 1,000 penalty units.
(2) Without limiting subsection (1), in identifying whether a customer is at risk of gambling-related harm, the licensed interactive wagering service provider must have regard to the following:
(a) escalating wagering expenditure;
(b) the number of deposits into a licensed interactive wagering service account within a session;
(c) wagering at unusual hours;
(d) failed or declined deposits into a licensed interactive wagering service account;
(e) removal or relaxation of gambling minimisation measures;
(f) any other indicators determined in an instrument made under subsection (3).
(3) The Minister may, by legislative instrument, determine indicators for the purposes of paragraph (2)(f).
Separate contravention
(4) A licensed interactive wagering service provider who contravenes subsection (1) commits a separate contravention of that provision in respect of each day during which the contravention occurs (including the day the relevant civil penalty order is made or any later day).
Exception
(5) Subsection (1) does not apply if the licensed interactive wagering service provider took reasonable precautions, and exercised due diligence, to avoid the contravention.
(6) Amendment (13), after item 12C, insert:
12D Application provision — designated customers
(1) Section 62ZN applies in relation to an individual if the individual is covered by subsection (2), (3) or (4) of that section on or after a day specified in an instrument made under subitem (2).
(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.
12E Application provision — ongoing harm minimisation monitoring
(1) Section 62ZSA applies in relation to an individual who uses a licensed interactive wagering service on or after a day specified in an instrument made under subitem (2).
(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.
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SHEET TK116
(1) Page 93 (before line 1), before Schedule 5, insert:
Schedule 4B — Wagering Advertising Opt-out Register
Part 1 — Main amendments
Interactive Gambling Act 2001
1 After Part 7D
Insert:
Part 7E — Wagering Advertising Opt-out Register
Division 1 — Introduction
62ZZA Simplified outline of this Part
This Part establishes the Wagering Advertising Opt-out Register.
An individual can choose to be on the Wagering Advertising Opt-out Register. If the individual does so, an online content service provider that is implementing the triple lock system set out in subsection 62P(2) must not provide wagering advertising content to the individual on an online content service.
This choice is in addition to the requirement for online content service providers that are implementing the triple lock system to have their own opt-out system, as set out in subsection 62P(2). Under the triple lock system, an individual can elect, in relation to a particular online content service, not to receive wagering advertising content on that service.
An online content service provider that provides, on an online content service, wagering advertising content to an individual who is on the Wagering Advertising Opt-out Register contravenes the civil penalty provision in subsection 62Q(1).
The costs of administering the Wagering Advertising Opt-out Register 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.
62ZZB Definitions
In this Part:
gambling-related lobbying has the meaning given by section 61GB.
Opt-out Register operator has the meaning given by subsection 62ZZD(9).
Opt-out Register proclaimed start day has the meaning given by section 62ZZC.
Opt-out Register protected information has the meaning given by section 62ZZN.
Opt-out Register rules means rules made under section 62ZZX.
62ZZC Opt-out Register proclaimed start day
(1) For the purposes of this Part, Opt-out Register proclaimed start day means the day fixed by Proclamation for the purposes of this subsection.
Note: The proclaimed start day is the first day on which an individual can apply to be registered in the Wagering Advertising Opt-out Register: see subsection 62ZZE(4).
(2) A Proclamation under subsection (1) is taken to be a commencement instrument for the purposes of the Legislation Act 2003.
Division 2 — Wagering Advertising Opt-out Register
62ZZD Wagering Advertising Opt-out Register
(1) The ACMA must keep, or arrange for a body corporate to keep on behalf of the ACMA, a register to be known as the Wagering Advertising Opt-out Register.
Note 1: An online content service provider that provides, on an online content service, wagering advertising content to an individual who is registered on the Wagering Advertising Opt-out Register contravenes a civil penalty provision: see subsection 62Q(1).
Note 2: An online content service provider must display prominently, on the online content service, information about the Wagering Advertising Opt-out Register: see section 62S.
(2) The register may also be known by a name specified in the Opt-out Register rules.
(3) The register is to be kept in electronic form.
(4) The register is not a legislative instrument.
Payments to the Opt-out Register operator
(5) An arrangement under subsection (1) may provide for the ACMA, on behalf of the Commonwealth, to make payments to the Opt-out Register operator.
Opt-out Register operator must not provide a gambling service or undertake gambling-related lobbying etc.
(6) The ACMA must not make an arrangement under subsection (1) with a body corporate that:
(a) provides a gambling service; or
(b) is a member of the same related company group as a body corporate that provides a gambling service; or
(c) holds an ownership interest in a body corporate that provides a gambling service; or
(d) undertakes gambling-related lobbying; or
(e) is a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or
(f) holds an ownership interest in a body corporate that undertakes gambling-related lobbying.
(7) The ACMA must ensure that an arrangement under subsection (1) is subject to a condition that the Opt-out Register operator must not:
(a) provide a gambling service; or
(b) be a member of the same related company group as a body corporate that provides a gambling service; or
(c) hold an ownership interest in a body corporate that provides a gambling service; or
(d) undertake gambling-related lobbying; or
(e) be a member of the same related company group as a body corporate that undertakes gambling-related lobbying; or
(f) hold an ownership interest in a body corporate that undertakes gambling-related lobbying.
(8) The Minister may, by notifiable instrument, substitute a Department, agency or authority of the Commonwealth for the ACMA for the purposes of this section.
(9) The person or body that operates the Wagering Advertising Opt-out Register is the Opt-out Register operator.
Division 3 — Registration on the Wagering Advertising Opt-out Register
62ZZE Application for registration
(1) An individual may apply to the Opt-out Register operator to be registered on the Wagering Advertising Opt-out Register.
Note: The effect of being registered on the Register is that an online content service provider must not provide, on an online content service, wagering advertising content to the individual: see subsection 62Q(1).
(2) An application under subsection (1) must be made in a manner prescribed by the Opt-out Register rules.
(3) An application under subsection (1) must:
(a) include a statement to the effect that the applicant is ordinarily resident in Australia; and
(b) include such information relating to the applicant as is prescribed by the Opt-out Register rules.
Proclaimed start day
(4) An individual is not entitled to make an application under subsection (1) before the Opt-out Register proclaimed start day.
62ZZF Registration
(1) After receiving an application under section 62ZZE from an individual, the Opt-out Register operator must:
(a) register the relevant individual by making an entry for the individual in the Wagering Advertising Opt-out Register; and
(b) do so within the period determined in accordance with the Opt-out Register rules.
(2) The entry must include:
(a) the relevant individual's contact details as prescribed by the Opt-out Register rules; and
(b) any other information prescribed by the Opt-out Register rules.
(3) A registration of an individual remains in force unless the individual is deregistered under section 62ZZI or 62ZZJ.
62ZZG Variation of the Wagering Advertising Opt-out Register
The Opt-out Register rules may authorise the Opt-out Register operator to vary entries in the Wagering Advertising Opt-out Register.
62ZZH Application for deregistration
(1) An individual who is registered on the Wagering Advertising Opt-out Register may apply to the Opt-out Register operator to remove the individual's entry from that Register.
(2) An application under subsection (1) must:
(a) be in writing; and
(b) include such information (if any) as is prescribed by the Opt-out Register rules.
62ZZI Deregistration
(1) The Opt-out Register operator must remove an individual's entry from the Wagering Advertising Opt-out Register if the individual makes an application under section 62ZZH.
(2) The Opt-out Register operator must remove the individual's entry from the Wagering Advertising Opt-out Register as soon as practicable.
62ZZJ Deregistration — other grounds
(1) The Opt-out Register operator must remove a registered individual's entry from the Wagering Advertising Opt-out Register if the Opt-out Register operator is aware that:
(a) the individual is not ordinarily resident in Australia; or
(b) the individual has died.
(2) For the purposes of this section, an individual is not ordinarily resident in Australia unless the individual:
(a) is a permanent resident within the meaning of the Australian Citizenship Act 2007; or
(b) has resided in Australia for 200 or more days in at least 3 of the past 5 calendar years.
62ZZK Re-registration
If an individual's entry is removed from the Wagering Advertising Opt-out Register, this Act does not prevent the Opt-out Register operator from subsequently re-registering the individual under subsection 62ZZF(1).
62ZZL Correction of the Wagering Advertising Opt-out Register
(1) The Opt-out Register operator may correct entries in the Wagering Advertising Opt-out Register.
(2) The ACMA may give written directions to the Opt-out Register operator relating to the exercise of its powers under subsection (1).
(3) The Opt-out Register operator must comply with a direction under subsection (2).
(4) The Opt-out Register rules may require the Opt-out Register operator to correct entries in the Wagering Advertising Opt-out Register in the circumstances prescribed by the Opt-out Register rules.
(5) The Opt-out Register operator must remove an entry from the Wagering Advertising Opt-out Register if the entry was made in error.
(6) The Opt-out Register rules may require the Opt-out Register operator to remove entries from the Wagering Advertising Opt-out Register in the circumstances prescribed by the Opt-out Register rules.
(7) This section does not, by implication, limit:
(a) section 62ZZG (variation of the Wagering Advertising Opt-out Register—other matters); or
(b) Australian Privacy Principle 13; or
(c) Part V of the Freedom of Information Act 1982.
62ZZM Opt-out Register rules may make further provision in relation to the Wagering Advertising Opt-out Register
The Opt-out Register rules may make further provision in relation to the Wagering Advertising Opt-out Register.
Division 4 — Disclosure of Opt-out Register protected information
62ZZN Opt-out Register protected information
For the purposes of this Part, Opt-out Registerprotected information means:
(a) information about whether an individual is or was registered on the Wagering Advertising Opt-out Register; or
(b) any other information that is or was included in an entry in the Wagering Advertising Opt-out Register; or
(c) information about, or included in, an application made by an individual under Division 3 or the Opt-out Register rules.
62ZZO Access to the Wagering Advertising Opt-out Register protected information by an online content service provider
(1) An online content service provider may request the Opt-out Register operator to inform the provider whether the contact details, prescribed for the purposes of paragraph 62ZZF(2)(a), of one or more specified individuals are registered on that Register as at the time when the request is made.
(2) A request under subsection (1) must include, for each individual covered by the request:
(a) the contact details of the individual; and
(b) such other information as is prescribed by the Opt-out Register rules.
(3) The Opt-out Register operator must:
(a) comply with a request under subsection (1); and
(b) do so within the period determined in accordance with the Opt-out Register rules.
(4) The Opt-out Register rules may make provision for and in relation to either or both of the following:
(a) the manner in which a request under subsection (1) is to be made, which must involve the use of an internet carriage service;
(b) the manner in which the Opt-out Register operator is to comply with a request under subsection (1).
Connectivity obligations of online content service provider
(5) An online content service provider must take all reasonable steps to ensure that the provider:
(a) has a computer system; and
(b) is continuously supplied with an internet carriage service;
that (when considered together) enable the provider to obtain information at any time about whether an individual's contact details are registered on the Wagering Advertising Opt-out Register.
62ZZP Confirmation of contact details by individuals
An individual may confirm with the Opt-out Register operator whether the individual's contact details are registered on the Wagering Advertising Opt-out Register.
62ZZQ Disclosure of de-identified Opt-out Register protected information to Ministers
The Opt-out Register operator may disclose de-identified Opt-out Register protected information to:
(a) the Minister; or
(b) the Secretary of the Department; or
(c) an APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this section.
62ZZR Disclosure of Opt-out Register protected information for purposes of enforcement
An ACMA official may disclose Opt-out Register protected information for the purposes of the performance of functions, or the exercise of powers, by the ACMA under Part 7C or this Part.
Division 5 — Miscellaneous
62ZZS Computerised decision-making
(1) The Opt-out Register operator may arrange for the use, under that operator's control, of computer programs for any purposes for which the operator may, or must, under this Part or the Opt-out Register rules:
(a) make a decision; or
(b) exercise any power or comply with any obligation; or
(c) do anything else related to making a decision, exercising a power or complying with an obligation.
(2) For the purposes of this Part and the Opt-out Register rules, the Opt-out Register operator is taken to have:
(a) made a decision; or
(b) exercised a power or complied with an obligation; or
(c) done something else related to the making of a decision, the exercise of a power or the compliance with an obligation;
that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).
(3) The Opt-out Register operator may substitute a decision for a decision (the initial decision) made by the operation of a computer program under an arrangement under subsection (1) if the Opt-out Register operator is satisfied that the initial decision is incorrect.
62ZZT Dealing with complaints
(1) The Opt-out Register rules may prescribe procedures that must be followed by the Opt-out Register operator in order to deal with complaints about the administration or operation of the Wagering Advertising Opt-out Register.
(2) If:
(a) a person has reason to believe that another person has contravened a provision of:
(i) this Part; or
(ii) the Opt-out Register rules; and
(b) the person makes a complaint to the Opt-out Register operator about the matter;
the Opt-out Register operator must refer the complaint to the ACMA.
62ZZU Application of the Privacy Act 1988 to the Opt-out Register operator
For the purposes of the Privacy Act 1988, if the Wagering Advertising Opt-out Register is kept by the Opt-out Register operator under a particular contract, each of the following:
(a) the keeping of the Wagering Advertising Opt-out Register by the Opt-out Register operator;
(b) the operation of the Wagering Advertising Opt-out Register by the Opt-out Register operator;
(c) the performance of a function, or the exercise of a power, by the Opt-out Register operator under:
(i) this Part; or
(ii) the Opt-out Register rules;
is taken to be the provision of a service to the ACMA under the contract.
62ZZV Application of the Freedom of Information Act 1982 to the Opt-out Register operator
For the purposes of the Freedom of Information Act 1982, if the Wagering Advertising Opt-out Register is kept by the Opt-out Register operator under a particular contract, then:
(a) the contract is taken to be a Commonwealth contract; and
(b) each of the following is taken to be the provision of a service under the contract in connection with the performance of the functions or the exercise of the powers of the ACMA:
(i) the keeping or operation of that Register by the Opt-out Register operator;
(ii) the performance of a function, or the exercise of a power, by the Opt-out Register operator under this Part or the Opt-out Register rules.
62ZZW 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 Act.
62ZZX Opt-out Register rules
(1) The ACMA may, by legislative instrument, make rules (Opt-out Register rules) prescribing matters required or permitted by this Part to be prescribed by the Opt-out Register rules.
(2) The Opt-out Register rules may make provision for or in relation to a matter by empowering the Opt-out Register operator to make decisions of an administrative character.
(3) Before making Opt-out Register rules, the ACMA must consult the Minister.
Part 7F — Collection of cost recovery levy
62ZZY Definitions
In this Act:
cost recovery late payment penalty has the meaning given by subsection 62ZZZA(2).
cost recovery levy means levy imposed by the Interactive Gambling (Cost Recovery Levy) Act 2026.
62ZZZ When cost recovery levy is due and payable
Cost recovery levy is due and payable at the time determined in accordance with the regulations.
62ZZZA Cost recovery late payment penalty
(1) If an amount of cost recovery levy payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount calculated at the rate of:
(a) 20% per annum; or
(b) if the regulations specify a lower percentage—that lower percentage per annum;
on the amount unpaid, calculated from the start of the day after that time occurred until the end of the day before the day when the amount of levy is paid in full.
(2) Penalty payable under subsection (1) is to be known as cost recovery late payment penalty.
Remission of cost recovery late payment penalty
(3) The ACMA may remit the whole or a part of an amount of cost recovery late payment penalty.
Review of decisions
(4) Applications may be made to the Administrative Review Tribunal for review of a decision of the ACMA to refuse to remit the whole or a part of an amount under subsection (3).
62ZZZB Recovery of cost recovery levy and late payment penalty
Cost recovery levy, or cost recovery late payment penalty:
(a) is a debt due to the ACMA on behalf of the Commonwealth; and
(b) may be recovered by the ACMA, on behalf of the Commonwealth, in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
62ZZZC Refund of overpayment of cost recovery levy and late payment penalty
If there is an overpayment of:
(a) cost recovery levy; or
(b) cost recovery late payment penalty;
the overpayment is to be refunded by the ACMA on behalf of the Commonwealth.
Part 2 — Consequential amendments
Interactive Gambling Act 2001
2 Section 3 (at the end of the first dot point)
Add:
; (i) wagering advertising content must not be provided by an online service content provider to an individual who is registered on the Wagering Advertising Opt-out Register.
3 Section 4
Insert:
cost recovery late payment penalty has the meaning given by section 62ZZY.
cost recovery levy has the meaning given by section 62ZZY.
Opt-out Register rules has the meaning given by section 62ZZX.
provider opt-out mechanism has the meaning given by paragraph 62S(1)(a).
Wagering Advertising Opt-out Register means the register kept under section 62ZZD.
4 After paragraph 16(e)
Insert:
(g) Part 7E;
5 After subparagraph 21(1)(a)(v)
Insert:
or (vii) Part 7E;
6 Subparagraph 22A(1)(a)(i)
Omit "Part 2, 2A, 2C, 7A or 7C", substitute "Part 2, 2A, 2C, 7A, or any of Parts 7C to 7F".
7 Paragraph 22A(2)(o)
Omit "Part 2, 2A, 2C, 7A or 7C", substitute "Part 2, 2A, 2C, 7A, or any of Parts 7C to 7F".
8 At the end of paragraph 62H(d)
Add ", whether through the provider opt-out mechanism or the Wagering Advertising Opt-out Register".
9 At the end of subsection 62P(3)
Add:
; and (d) confirming, at least every 14 days, or any other period prescribed by the Opt-out Register rules, that the Wagering Advertising Opt-out Register does not contain the contact details of any person to or by whom wagering advertising content would otherwise be delivered, or accessed, on the online content service provided by the online content service provider.
10 Paragraph 62S(1)(a)
Omit "effective and easily accessible means", substitute "effective, prominent and easily accessible means (the provider opt-out mechanism)".
11 Paragraph 62S(1)(b)
Repeal the paragraph, substitute:
(b) display, in a way that is prominent to individuals using the service, information on the online content service about:
(i) the provider opt-out mechanism; and
(ii) after the Opt-out Register proclaimed start day—the Wagering Advertising Opt-out Register.
The coalition approaches gambling reform from a clear set of principles. We believe in personal choice and personal responsibility. Millions of Australians have an occasional punt without gambling harm, and government must respect their choices. But we also believe there must be strong protections for children and vulnerable Australians, as well as tough action to prevent predatory conduct. Seriously addressing gambling harm is an issue of strong conviction for many Australians. There is a middle ground, and that is what these amendments seek to deliver. The government's legislation, as it stood, was riddled with deficiencies. Labor opposed a Senate inquiry. The inquiry proved exactly why scrutiny matters. It exposed the weaknesses with Labor's legislation, issues which the coalition have been clear and consistent about, on predatory inducements, on ads being served to children, on sport online and on advertising of illegal gambling.
The government hoped that the public wouldn't notice, but the coalition is not here to carve. The bill is far from perfect, and gambling is taking a terrible toll on many Australian families. The coalition is pleased the government has accepted substantial repairs to its legislation. These amendments ensure stronger protection against the direct marketing of inducements to vulnerable Australians. There is an obvious distinction between an adult choosing to place a bet and adult being actively pursued by someone who knows they are vulnerable to keep them gambling. These amendments are targeted protections directed at foreseeable harm. The amendments ensure stronger protections for children. Unbelievably, Labor's original bill left open the prospect of gambling advertisements continuing to be shown during programming watched by children. The amendments stop that happening.
The amendments strengthen protections around live sport broadcasts online. Sport time is family time, and it made no sense for a family watching the same game to receive weaker protections simply because they streamed it through an app rather than watching it on broadcast television. The amendments ensure that illegal and unlicensed gambling, which is increasingly promoted to Australians through social media, is strongly addressed by imposing strict prohibitions on publishers. If a gambling service is not lawful, digital platforms must not be promoting advertisements for it. These significant commonsense amendments will help protect vulnerable consumers from foreseeable gambling harm while preserving a lawful industry and pastime for many Australians. I commend them to the House.
Zali Steggall Warringah, Independent
I am only seeking to raise a procedural concern, Mr Speaker. These amendments weren't circulated, and one copy has been able to be provided. So we have no capacity. They haven't been read onto the record and they've not been circulated.
Zali Steggall Warringah, Independent
Just now. They have only just been made available. They were not circulated prior to being tabled. I've been able to obtain one copy.
Milton Dick Speaker
I understand they have been available here during this debate, and it was the same for the government amendments as well. I'm unaware of the process for—
Zali Steggall Warringah, Independent
They're to be read and explained if they're not circulated in advance.
Milton Dick Speaker
Yes. They are available here at the table, as is required under the standing orders. I understand they may not have been circulated before, but they were available here during the debate.
Zali Steggall Warringah, Independent
They have to be explained in full during the debate. The suggestion that a substantial number of amendments can be tabled and given first opportunity to see them now with a five-minute speech without any reading into the record as to the detail of these amendments is procedurally incredibly unfair. We have no visibility on what the effect of these amendments are and, after five minutes of speech, we are being asked to vote on them.
Milton Dick Speaker
I understand that the shadow minister has detailed her explanation for the amendments that she is moving in her name on behalf of the opposition. The minister has done the same. So I'll put the question that the amendments moved by the opposition be agreed to.
Milton Dick Speaker
1:12 pm
We shall move to the next opposition member amendments. I just advise the House, following on from the member for Warringah, the set of amendments were available and circulated by the member to the House at the first available opportunity. I wanted to advise the House that the member for Lindsay had followed the correct process.
Leon Rebello McPherson, Liberal National Party
1:13 pm
by leave—I move opposition amendments (1) and (2), circulated in my name, together:
(1) Schedule 4, item 1, page 89 (lines 4 to 8), omit the item.
(2) Schedule 4, item 11, page 92 (line 9), omit subparagraph 8D(2)(a)(iii).
These amendments do one simple thing: they reinstate the exemption for foreign-matched lotteries. If they're not agreed to, there are 50 people in my electorate whose jobs are about to disappear, not because they broke the law and not because their employer broke the law, but because this parliament is about to change the rules beneath them. Those 50 people work for the lottery office in Robina, in my electorate. I've spoken to the government. I've spoken to the minister. I've asked this House to reconsider. I'm standing here again because my job is to stand up for the people who sent me here.
Behind schedule 4 are not just clauses and definitions; there are people. Rachel has worked at the lottery office for five years. She's a single mother of two school-aged children. Her income helps provide for her children and pay her mortgage. Losing her job, she says, would cause significant financial hardship. Cher has worked there for four years. She raised two children on her own. She fears that, because of her age, finding another job will be difficult, and she says that losing her job could mean she and her daughter have to leave the Gold Coast. Amanda relies on her job to support her young family and pay her mortgage. She says that losing it could mean her family has to sell or lose their home. She said, 'This is more than just a job. This is the very livelihood we rely on.'
Next week, if this bill passes, I will have to go to Robina. I'll have to walk through the doors of the lottery office. I'll have to sit down with those 50 workers. I'll have to look them in the eye and I'll have to tell them that their parliament has decided that their jobs should no longer exist. I'll have to tell Rachel that the job that supports her family has gone. I'll have to tell Cher that parliament's decision could force her and her daughter to leave the Gold Coast. I'll have to tell Amanda that we have taken away the livelihood that her family relies upon. I ask this government: please don't make me have to make that decision and have to do that. These people did not break the law. They did not write this bill. They did not design the regulatory framework. They simply went to work, and now they're being asked to carry the consequences of a decision that was made here in Canberra. That is not fair.
I support responsible gambling reform. I support strong consumer protections. But if there's a problem, regulate it. If there's a consumer protection gap, close it. If there's a compliance issue, enforce the rules. The government's own review said that the harms associated with foreign match lotteries were not well understood, that there was insufficient data to establish a different harm profile and that further research was needed. So I ask again: What changed? What new evidence emerged? Why should 50 Australians lose their jobs before those questions have been answered?
These are not transient jobs. People have built careers there. One employee has worked there for 24 years, another for 21 years and another for 19 years. Kyra is 24 and in the final year of her design degree. Her job gives her financial independence while she studies and valuable professional experience as she builds her career. She says that, without stable employment, she does not know how she will manage her obligations or begin building a secure future. Steven has worked there for 13 years. He has two young children and a significant mortgage. He says jobs in his field are scarce on the Gold Coast and his family genuinely risks losing their home if he loses his income.
This is what a decision made in this chamber looks like when it reaches an Australian family: a mother worrying about her mortgage, a father worrying about his children, a young person worrying about their future and a family wondering whether they will lose their home. That is why I'm asking the government to stop, put aside the politics, look at the people, look at the workers, look at the families and remove the prohibition. Do the evidence based work that your own department said was necessary, strengthen the regulation where it's needed, protect consumers where they need protection, but don't destroy 50 people's livelihoods first and ask questions later.
I know the government has the numbers, and this may well be defeated, but without this amendment the bill isn't just gambling reform; it's a Labor protection job. Roger Cook, the Premier of WA, has asked Canberra to effectively kill off a legal Gold Coast competitor to shield WA's state owned lottery. The Prime Minister and the minister, through this legislation, are simply rolling over to support their Labor mates, so I make this appeal one final time directly to the minister. Next week I may have to walk into that workplace and tell 50 Australians that their parliament has taken away their jobs. That's not a job that the minister has to do; that's a job that the minister is forcing me to do. Give these people the chance to keep going to work, give their families the security of a job, and give this parliament the chance to get this decision right, because this is not about a line in a schedule; it's about 50 Australians, their families, their homes, their futures. I commend this amendment to the House.
Anika Wells Lilley, Australian Labor Party, Minister for Sport
1:18 pm
I thank the member for his amendment. As I said in my second reading speech, we have significant concerns about the appropriateness of this model. When in government, the coalition also took action to ban what was then the principal form of access to foreign lotteries, and they did that in 2018. I also understand that, while the business that the member is concerned about does offer foreign lotteries, which will no longer be permitted, it also offers Australian lotteries, and those domestic lotteries will be unaffected by the changes that we are making.
Milton Dick Speaker
The question is that the amendments moved by the honourable member for McPherson be agreed to.
Monique Ryan Kooyong, Independent
1:26 pm
I move amendments (1) to (39) on the sheet revised on 12 August 2026, as circulated in my name, together:
(1) Clause 2, page 2 (table item 2), omit the table item, substitute:
(2) Schedule 1, item 18, page 12 (lines 7 and 8), omit ", datacast, or included in online content, during live coverage of sporting events", substitute "or datacast during live coverage of sporting events".
(3) Schedule 1, item 18, page 12 (lines 13 to 17), omit the paragraph beginning "Wagering advertising content must not be included in online content unless reasonable steps" in section 62A, substitute:
Wagering advertising content must not be included in online content.
(4) Schedule 1, item 18, page 12 (lines 25 and 26), omit "programs, channels and online services dedicated to racing", substitute "programs and channels dedicated to racing".
(5) Schedule 1, item 18, page 13 (line 11 to 15), omit the definition of account in section 62B.
(6) Schedule 1, item 18, page 13 (lines 28 to 29), omit "channel, program or online content service", substitute "channel or program".
(7) Schedule 1, item 18, page 14 (line 11 to 13), omit the definition of online simulcast service in section 62B.
(8) Schedule 1, item 18, page 14 (line 26), omit the definition of restricted user in section 62B.
(9) Schedule 1, item 18, page 19 (line 7) to page 20 (line 26), omit section 62E, substitute:
62E Meaning of dedicated racing or wagering channels or programs
Basic definition dedicated racing channels etc.
(1) For the purposes of this Part, a channel or program is taken to be dedicated to racing if the content provided on the channel or program wholly or principally relates to racing.
Note: For the meaning of channel, program and racing, see section 62B.
Dedicated racing channels etc. may be determined
(2) If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified channel or program, or a specified kind of channel or program, is taken to be dedicatedto racing for the purposes of this Part.
Racing channels etc. may be excluded
(3)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that:
(a) a specified channel or program; or
(b) a specified kind of channel or program;
is taken not to be dedicatedto racing for the purposes of this Part.
Basic definition dedicated wagering channels etc.
(4) For the purposes of this Part, a channel or program is taken to be dedicated to wagering if the content provided on the channel or program wholly or principally relates to wagering services.
Note: For the meaning of wagering service, see section 4.
Dedicated wagering channels etc. may be determined
(5) If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified channel or program, or a specified kind of channel or program, is taken to be dedicatedto wagering for the purposes of this Part.
Wagering channels etc. may be excluded
(6)If the Minister considers it is in the public interest to do so, the Minister may, by legislative instrument, determine that:
(a) a specified channel or program; or
(b) a specified kind of channel or program;
is taken not to be dedicatedto wagering for the purposes of this Part.
ACMA may give advice
(7) The ACMA may provide advice to the Minister on any matter relevant to a determination under subsection (2), (3), (5) or (6).
(10) Schedule 1, item 18, page 21 (line 28) to page 22 (line 7), omit section 62H.
(11) Schedule 1, item 18, page 31 (line 7) to page 32 (line 18), omit subsections 62P(2) to (6).
(12) Schedule 1, item 18, page 32 (line 26) to page 33 (line 10), omit subsections 62P(8) and (9).
(13) Schedule 1, item 18, page 33 (lines 16 to 21), omit subsections 62P(11) and (12).
(14) Schedule 1, item 18, page 33 (line 22) to page 35 (line 26), omit section 62Q.
(15) Schedule 1, item 18, page 37 (lines 2 and 3), omit "sections 62P and 62Q", substitute "section 62P".
(16) Schedule 1, item 18, page 37 (lines 9 to 26), omit section 62S.
(17) Schedule 1, item 18, page 37 (line 27) to page 40 (line 12), omit Division 4.
(18) Schedule 1, item 18, page 41 (lines 22 to 26), omit paragraph 62W(2)(a), substitute:
(a) wagering advertising content to be broadcast or datacast in Australia; and
(19) Schedule 1, item 18, page 42 (lines 6 to 9), omit paragraph 62W(3)(b), substitute:
(b) is or will be broadcast or datacast on a dedicated racing program or channel.
(20) Schedule 1, item 18, page 42 (lines 13 to 14), omit "For when an online content service is dedicated to racing or wagering, see section 62E.".
(21) Schedule 1, item 18, page 43 (lines 15 and 16), omit "broadcasting, datacasting or providing content on online content service", substitute "broadcasting or datacasting content".
(22) Schedule 1, item 18, page 43 (lines 18 to 26), omit paragraphs 62Y(1)(a) and (b), substitute:
(a) the person broadcasts or datacasts wagering advertising content in Australia; and
(b) the broadcast or datacast is in conjunction with live coverage of a sporting event; and
(23) Schedule 1, item 18, page 44 (lines 4 and 5), omit "broadcasting, datacasting or provision of content on online content service", substitute "broadcasting or datacasting of content".
(24) Schedule 1, item 18, page 44 (lines 7 and 8), omit "broadcast, datacast or included in content provided on an online content service,", substitute "broadcast or datacast".
(25) Schedule 1, item 18, page 44 (lines 14 and 15), omit "broadcasting, datacasting or providing content on online content service", substitute "broadcasting or datacasting content".
(26) Schedule 1, item 18, page 44 (lines 17 to 22), omit paragraph 62Z(1)(a), substitute:
(a) the person broadcasts or datacasts wagering advertising content in Australia; and
(27) Schedule 1, item 18, page 45 (lines 5 and 6), omit "broadcasting, datacasting or provision of content on online content service", substitute "broadcasting or datacasting of content".
(28) Schedule 1, item 18, page 45 (lines 8 and 9), omit "broadcast, datacast or included in content provided on an online content service,", substitute "broadcast or datacast".
(29) Schedule 1, item 20, page 52 (lines 11 and 12), omit paragraphs 64A(xj) and (xk).
(30) Schedule 1, item 20, page 52 (line 15), omit paragraph 64A(xn).
(31) Schedule 1, item 22, page 53 (lines 9 and 10), omit paragraphs 64C(1)(xj) and (xk).
(32) Schedule 1, item 22, page 53 (line 13), omit paragraph 64C(1)(xn).
(33) Schedule 1, item 24, page 54 (lines 7 and 8), omit paragraphs 64D(1)(xj) and (xk).
(34) Schedule 1, item 24, page 54 (line 11), omit paragraph 64D(1)(xn).
(35) Schedule 1, item 46, page 57 (line 26), omit "Divisions 3 and 4", substitute "Division 3".
(36) Schedule 1, item 47, page 58 (lines 1 and 2), omit the item.
(37) Page 73 (after line 23), after Schedule 2, insert:
Schedule 2A — Reporting on revenue from gambling sources
Interactive Gambling Act 2001
1 Before section 62
Insert:
Division 1 — Enforcement
2 At the end of section 64A
Add:
; or (y) subsection 64HB(2).
3 At the end of subsection 64C(1) (before the note)
Add:
; (y) subsection 64HB(2).
4 At the end of subsection 64D(1) (before the note)
Add:
; (y) subsection 64HB(2).
5 After section 64G
Insert:
Division 2 — Reporting on revenue from gambling sources
64H Definitions for this Division
In this Division:
annual turnover has the same meaning as the Corporations Act 2001.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
income year has the same meaning as in the Income Tax Assessment Act 1997.
reporting entity has the meaning given by section 64HA.
64HA Reporting entities — sporting, cultural and recreational entities that are exempt from income tax
For the purposes of this Division, an entity is a reporting entity if:
(a) it is a constitutional corporation; and
(b) it is an exempt entity (within the meaning of the Income Tax Assessment Act 1997) because it is covered by the table in section 50-45 of that Act (which covers entities whose activities are in the areas of sports, culture and recreation).
Note: Exempt entities (within the meaning of the Income Tax Assessment Act 1997) are entities some or all of whose ordinary income or statutory income is exempt from income tax.
64HB Reporting obligations of reporting entities
(1) This section applies to a reporting entity in relation to an income year (the reporting year) if the reporting entity's annual turnover for the income year is greater than $50 million.
(2) The reporting entity must provide to the ACMA, within 6 months after the end of the reporting year, a written report setting out:
(a) the total amount of revenue (including gifts or donations) received by the reporting entity from gambling sources during the year; and
(b) any other information prescribed by regulations for the purposes of this paragraph.
Civil penalty: 1,000 penalty units.
(3) For the purposes of subsection (2), revenue received by a reporting entity is revenue from a gambling source if:
(a) it is revenue from the operation by the reporting entity of a gambling service; or
(b) it is payment for advertising a gambling service (whether or not the payment is made by the provider of a gambling service);
(c) it is revenue received from the provider of a gambling service, including but not limited to:
(i) commissions or other fees; and
(ii) gifts, donations or sponsorship; or
(d) it is revenue prescribed by the regulations for the purposes of this paragraph.
64HC ACMA must publish reports
(1) If the ACMA receives a report from a reporting entity under section 64HB, the ACMA must publish the report on the ACMA's website as soon as is practicable.
(2) The report must remain available on the ACMA's website for a period of not less than 5 years from the date on which it is first published on the website.
6 Before section 65
Insert:
Division 3 — Other matters
7 Application of amendments
The amendments made by this Schedule apply in relation to income years starting on or after the commencement of this Part.
(38) Schedule 5, item 3, page 93 (lines 27 to 29), omit subitem (3).
(39) Schedule 5, item 7, page 95 (lines 12 to 15), omit subitem (1).
Governments are meant to represent their communities and make decisions in their best interests. Today's collusion between Labor and the Liberals shows yet again that the major political parties in this country care more about the media interests, sporting codes and gambling companies than they do about their constituents. This cynical gamble, like most bets, will not pay off.
The Murphy report called for a comprehensive prohibition of all advertising of online gambling products on social media and online platforms. We've waited for more than a thousand days for this half-hearted, friendless legislative response. It's a thousand days in which this country has lost over $100 billion and we've lost hundreds of lives. The Interactive Gambling Amendment (Gambling Reform) Bill 2026 will allow wagering advertising content to remain online if reasonable steps are taken to exclude children and those who have opted out. The minister has offered us flimsy, feckless live sport and children's programming restrictions to online streaming. We know and the government knows that partial bans do not work, but the government doesn't care. The opt-out register announced yesterday acts only to shift responsibility from the gambling industry onto individuals: to parents and users. This government is still refusing to take responsibility for the problem itself.
The Murphy inquiry heard heartbreaking evidence about the harms caused by gambling advertising. It's headline recommendation was a total and comprehensive ban. This bill doesn't deliver that, but my amendments (1) to (36) do. My further amendments draw attention to the extraordinary relationships between Australia's largest sporting organisations and the gambling industry. The AFL receives more than $40 million a year from betting agencies, and the NRL about $50 million, and these organisations alongside Cricket Australia, Racing Australia and other major sporting codes, pay zero tax on this income. They're tax exempt under section 50.45 of the Income Tax Assessment Act. That tax concession exists because sporting organisations operate for public benefit. But commercial dealings with predatory gambling companies are not public benefit, and Australians have no picture of how much gambling revenue these sporting organisations receive.
My amendments (37) to (39) introduce reporting obligations for professional sporting organisations with a turnover over $50 million. They'll capture not only the AFL but AFL clubs as well, five of which are still sponsored by gambling companies. Those entities should be required to report annually on revenue that they derive from gambling sources. This will include gambling sponsorships, wagering partnerships, integrity agreements, gambling advertising, product and data fees, electronic gambling machines and other gambling related commercial arrangements. To enable transparency about the tens of millions—
Lisa Chesters Bendigo, Australian Labor Party
The debate is interrupted in accordance with standing order 43. The debate may be resumed at a later hour. The member will have leave to continue speaking when the debate is resumed.