Government pushes reforms despite Senate warnings that voluntary advertising controls may not protect vulnerable audiences
Australia is moving ahead with a major overhaul of gambling advertising rules, despite a Senate inquiry warning that the government’s proposed opt-out system may not go far enough to protect children and people vulnerable to gambling harm.
Communications Minister Anika Wells introduced last-minute amendments to the Interactive Gambling Bill on Monday, following an agreement between the government and the opposition Coalition.
At the centre of the reforms is a proposed national register allowing Australians to indicate that they do not want to receive gambling advertising across digital platforms and other media.
The government says the measure will reduce exposure to gambling marketing, particularly among children and young people. Critics, however, argue that relying on consumers to change advertising preferences is unlikely to deliver meaningful protection.
Senate inquiry questions the opt-out model
The Senate inquiry into the legislation received 97 submissions from public health experts, people affected by gambling harm, broadcasters, betting companies, regulators and state government representatives.
Its report raised concerns about the effectiveness of an opt-out approach.
Evidence presented to the committee suggested that relatively few consumers actively change default settings, potentially leaving vulnerable groups exposed to gambling advertising.
The concern is particularly significant for minors and people attempting to recover from gambling problems, who may not proactively register for an advertising opt-out system.
Some submissions went further, arguing that only a complete ban on gambling advertising would substantially reduce exposure and demand.
That recommendation echoes the conclusions of Australia’s 2023 parliamentary report, You Win Some, You Lose More, which called for much stronger restrictions on gambling advertising.
Digital platforms face a new “triple lock”
The proposed reforms would introduce additional safeguards for gambling promotions on digital platforms.
A “triple lock” would require users to have a logged-in account, undergo age verification and be provided with an option to opt out of gambling advertising before promotions can be displayed.
Streaming services including 9Now and 7plus would also be brought under advertising restrictions broadly aligned with those applying to free-to-air television.
The Australian Communications and Media Authority (ACMA) would receive additional powers to order online content services to implement opt-out mechanisms and related controls.
Platforms that fail to comply within 30 days could face penalties.
Gambling ads face a longer blackout around live sport
The reforms would also tighten restrictions on wagering advertising during sports broadcasts.
The blackout period immediately before live sporting events would increase from five minutes to 15 minutes.
The daily prohibition on wagering advertising would also begin one hour earlier, moving from 6am to 5am.
That would effectively create a 15.5-hour daily restriction running until 8.30pm.
However, the Senate inquiry questioned whether the evening watershed would provide sufficient protection.
Evidence presented to the committee suggested that many children continue watching live sports after 8.30pm, meaning gambling advertising could still reach younger audiences during major sporting events.
Operators lose access to performance-based commissions
Another significant change targets the commercial incentives used to acquire and retain betting customers.
Wagering operators would be prohibited from paying commissions, bonuses or other performance-linked incentives to employees, agents or third parties where those payments are connected to acquiring, reactivating, retaining or managing customers.
The measure follows evidence presented to the Senate inquiry concerning inducements offered by bookmakers, including incentives aimed at high-value customers.
Breaches could result in civil penalties of up to 1,000 penalty units, while an anti-avoidance provision could increase penalties to as much as 7,500 penalty units where parties attempt to circumvent the rules.
Importantly, the anti-avoidance provision would also apply to offshore arrangements.
Industry warns of a boost for illegal gambling
Not everyone supports the government’s approach.
Responsible Wagering Australia has criticised the reforms, arguing that tighter restrictions on licensed operators could push Australian consumers towards illegal offshore gambling websites.
The organisation has also questioned whether the proposed advertising register can be implemented effectively within the government’s timetable.
Its CEO, Kai Cantwell, compared the proposal with Australia’s existing BetStop self-exclusion system, arguing that the new national advertising opt-out register is being developed on a much shorter timeframe despite covering a significantly broader area.
The concern highlights one of the central tensions surrounding Australia’s gambling reforms: regulators want to reduce exposure to betting advertising without inadvertently driving customers towards unlicensed operators.
Full advertising ban remains off the table
Despite the Senate’s concerns, the government has stopped short of introducing a blanket ban on gambling advertising.
Australia’s Greens have previously pushed for a complete prohibition, arguing that a total ban has repeatedly been recommended by experts and enjoys broad public support.
The government’s compromise instead combines advertising restrictions, consumer opt-outs, age verification, tighter rules around digital promotions and restrictions on commercial incentives.
Prime Minister Anthony Albanese has backed the amended legislation and described it as the most significant gambling advertising reform introduced by an Australian government.
The bill has now received support from both the government and Coalition and is expected to proceed through Parliament.
New rules expected from January 2027
The reforms are expected to come into effect on 1 January 2027, giving broadcasters, streaming platforms, gambling operators and other affected businesses several months to prepare.
For the Australian gambling industry, the changes could significantly reshape how betting brands market to consumers.
The biggest unresolved question, however, is whether an opt-out system can achieve the level of protection that public health experts and gambling harm advocates are demanding.
With the Senate inquiry warning that voluntary controls may leave vulnerable consumers exposed, the government could face continued pressure to strengthen the framework even after the legislation takes effect.
For now, Australia appears to have settled on a middle ground: tighter restrictions rather than a complete advertising ban, with the effectiveness of the new system set to be tested from 2027.