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QHA-Review_August_Digital

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Damian Steele<br />

INDUSTRY ENGAGEMENT<br />

INQUIRY INTO ONLINE GAMBLING<br />

The Australian Government’s House of Representatives<br />

Standing Committee on Social Policy and Legal Affairs<br />

has tabled the report of its inquiry into online gambling<br />

and its impacts on those experiencing gambling harm,<br />

titled ‘You win some, you lose more’.<br />

This inquiry considered whether the current framework<br />

for online gambling and advertising in Australia is fit<br />

for purpose and meeting community expectations.<br />

Australians do not like being flooded by inducements<br />

to gamble online and worry about the effect this is<br />

having on young people.<br />

There is inconsistency across states and territories<br />

in how online gambling is regulated and there is little<br />

incentive to impose tougher regulations. As a result,<br />

the Northern Territory Racing Commission is Australia’s<br />

de facto online gambling regulator. The committee has<br />

made 31 recommendations that apply a public health<br />

lens to online gambling to reduce harm across the<br />

Australian population. They have recommended that a<br />

single Australian Government minister be responsible<br />

for implementing a comprehensive national strategy on<br />

online gambling harm reduction supported by national<br />

regulation, an online gambling ombudsman, a harm<br />

reduction levy on online Wagering Service Providers<br />

(WSPs) and a public education campaign, more<br />

independent research and improved data collection.<br />

Under national regulation, the Australian Government<br />

would be responsible for all regulation and licencing of<br />

online gambling, although states and territories would<br />

retain the capacity to levy point of consumption taxes<br />

on online gambling. The committee has recommended<br />

stronger consumer protections for online gambling,<br />

including a requirement for WSPs to verify their<br />

customer’s identity before accepting bets, a ban on<br />

inducements and a legislated duty of care on WSPs.<br />

The Committee also recommended a crackdown on<br />

illegal gambling operators including online casinos,<br />

skins and esports betting websites.<br />

The Report recommendations include:<br />

• establishing a dedicated minister for the reduction<br />

of online gambling harm<br />

• establishing a national online gambling regulator<br />

and regulations, and developing a national strategy<br />

(within 12 months) on online gambling harm<br />

including broad powers and severe penalty options<br />

• developing and funding an ongoing online gambling<br />

public education campaign<br />

• that WSPs disclose de-identified customer data<br />

to regulators and approved researchers, (to be<br />

informed by the exploration of data vaults operating<br />

in Spain and France)<br />

• multilateral agreements that combat illegal online<br />

gambling across borders<br />

• a harm reduction levy paid by operators to support<br />

the national regulator on best practice in harm<br />

prevention (training, treatment services, screening<br />

tools for gambling harm in mental health and drug<br />

and alcohol assessments)<br />

• a multi-stage evaluation of the National Consumer<br />

Protection Framework for Online Gambling,<br />

to include analysis of whether voluntary precommitment<br />

is reducing harm and to explore<br />

mandatory pre-commitment overseas<br />

• a requirement for customer ID verification on<br />

commencement of online gambling<br />

• a prohibition on all online gambling inducements<br />

• a national regulation to impose a customer duty<br />

of care on online WSPs and an investigation of<br />

benefits and feasibility of requiring WSP application<br />

of a standard behavioural algorithm to reduce online<br />

gambling harm.<br />

• a prohibition on staff and third-party commissions in<br />

the referral or provision of online gambling<br />

• an ombudsman for online gambling<br />

• that the Australian Government consult with<br />

industry and gamblers to determine bet limits for<br />

inclusion in national regulation<br />

• a ban on advertising phased in over three years in<br />

four phases:<br />

1. prohibition on inducements and inducement<br />

advertising, removal of advertising on social<br />

media and online platforms;<br />

2. prohibit online ads and commentary on odds<br />

either side of sports broadcasts;<br />

3. prohibition of all broadcast online gambling<br />

advertising between the hours of 6.00 am and<br />

10.00 pm; and<br />

4. by the end of year three, prohibition on all online<br />

gambling advertising and sponsorship.<br />

Gambling advertising on racing channels and<br />

programming should be exempt from the ban. The<br />

report will now be considered by the Albanese<br />

Government. While there is still a degree of<br />

consultation to follow, this inquiry is designed to<br />

highlight the different compliance obligations between<br />

online gambling and the activities which occur in our<br />

retail venues. As the hoteliers of Queensland know, our<br />

venues offering gambling products and our approved<br />

licensed wagering providers already operate in a harmminimisation<br />

focussed trading environment.<br />

<strong>QHA</strong> REVIEW | 41

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