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Mobile Gambling Laws

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Sports Wagering has been authorized pursuant to P.L. On this page you will find the Sports Wagering Law, the Emergency Rules for Sports Wagering Promulgated by the Division of Gaming Enforcement, the Registration Form to file prior to wagering if you are a sports insider, and the answers to Frequently Asked Questions. Indiana joined the ever-growing list of states with legal sports betting in May 2019 with the passage of a law authorizing retail and mobile sportsbooks. Under state law, local casinos and off-track betting parlors (OTBs) may accept wagers in-person and online in partnership with third-party providers such as FanDuel, DraftKings, BetRivers and others. Rhode Island: Legislation proposed that would eliminate the in-person registration requirement, allowing customers to sign up and place bets from their phone. Bets and betting odds data are. Top 5 Things All Mobile Gambling Sites Should Deliver. When we go on the hunt for the top mobile gambling apps, we employ an intense review process that includes very stringent standards for inclusion in our guide. Every single brand on this page has been evaluated using our process which includes hundreds of elements that must be scrutinized. A standard strategy for avoiding laws that prohibit, constrain, or aggressively tax gambling is to locate the activity just outside the jurisdiction that enforces them, in a more 'gambling friendly' legal environment. Gambling establishments often exist near state borders and on ships that cruise outside territorial waters.

Gambling is an activity undertaken by many Australians. Over 80% of Australian adults engage in gambling of some kind, which is the highest rate of gambling in the world.[1] This number includes some 4% of the adult population who play the pokies once a week, accounting for some 62% of locals' annual gambling spend.[2]

Total employment in the gambling industry in Australia (thousands of people) since 1984

Gambling is a significant public health issue, with around 80,000 to 160,000 (or 0.5 - 1.0%) of Australian adults experiencing significant problems from gambling and a further 250,000 to 350,000 (or 1.4 - 2.1% of adults) experiencing moderate risks that may make them vulnerable to problem gambling.[3]

Revenue

In 2015–16, gambling revenue made up 7.7% of state and territory taxation revenue. The rate was lowest in Western Australia (2.5%) and highest in the Northern Territory (12.0%). Gambling revenue made up 2.5% of total state revenue when other revenue sources were taken into account. The rate was lowest in WA (0.9%) and highest in Victoria (3.2%). Gambling revenue as a portion of state taxation revenue has fallen for all states and territories between 2006–07 and 2015–16.[4]

Total Australian gambling revenue in 2008-09 was just over $19 billion and the share of household consumption was 3.1%[3]

Mobile gambling games

New South Wales

New South Wales has a long history of gambling; Australia's first official horse racing meeting occurred in 1810 at Hyde Park in Sydney; the first official Australian lottery occurred in 1881 at the Sydney Cup; and registered clubs operated the first legal poker machines in Australia from 1956.[5] Spence vs garcia odds.

Approximately 95,800 of 'pokies' are in NSW, a state total beaten only by Nevada, which operated 181,109 gambling machines in 2014.[6]

Between 1 December 2017 to 31 May 2018 NSW Clubs made a net profit of $1,945,161,625 and hotels made a net profit of $1,169,040,731 from pokies alone.[7]

Fairfield

Fairfield had the highest poker machine revenue in the state for 2013, generating $298 million in clubs and $93 million in pubs, from the start of the year to August.[8] This figure is $123 million greater than the combined total of profits generated from poker machines in the City of Sydney.[8]

Hunter Region

From January to March 2013 poker machines in the Hunter region had a turn over of $4.5 billion, showing an increase of $500 million since 2010.[9] Daily figures show a spend of $12.5 million, working out to be $8682 per minute.[9] The Office of Liquor Gaming and Racing found that Newcastle was the Hunter Regions most profitable location with the 3206 poker machines averaging $44,963 each.[9]The top five most profitable clubs for gaming revenue in the Hunter region in 2010 were:[10]

  • 1. Western Suburbs Leagues Club (Wests), New Lambton
  • 2. Wests (formerly Club Phoenix), Mayfield
  • 3. Wallsend RSL & Community Club, Wallsend
  • 4. Belmont 16 Foot Sailing Club, Belmont
  • 5. Cardiff Panthers, Cardiff

The top five most profitable hotels for gaming revenue in the Hunter region in 2010 were.[10]

  • 1. The George Tavern, East Maitland
  • 2. Bay Hotel Motel, Bonnells Bay
  • 3. Hotel Jesmond, Jesmond
  • 4. The Lake Macquarie Tavern, Mount Hutton
  • 5. Warners Bay Hotel, Warners Bay

Central Coast Region

According to the latest figures from Liquor and Gaming NSW there are 4,046 poker machines in 39 clubs on the Central Coast, and 626 poker machines in 29 hotels; making a total of 4,672 poker machines on the Central Coast. That means 2.37% of the total number of poker machines in Australia are on the NSW Central Coast.[11]

Gosford has approximately 1928 pokies, spread across 37 venues. That is the equivalent of one poker machine for every 71 adults. In 2010–11, venues in Gosford made approximately $95,865,000 in profit from pokies. That equates to $700 for each adult member of Gosford's population.[12]

Wyong has approximately 2608 pokies, spread across 35 venues. That is the equivalent of one poker machine for every 47 adults. In 2010–11, venues in Wyong made approximately $123,159,000 in profit from pokies. That equates to $1,000 for each adult member of Wyong's population.[12]

The Central Coast has a higher prevalence of problem gambling than the NSW average. Young men between the ages of 18-24 living on the Central Coast are the biggest players of poker machines in NSW and are the highest risk group for problem gambling.[13]

In 2008 Central Coast Gambling Help carried out a survey of 200 young people aged from 13-24 and found:

  • 96% of people from 18-24 had gambled for money or possessions
  • 62% of those under 14 years old and 77% of those aged up to 17 had gambled for money or items, including mobile phones and MP3 players
  • 25.5% of 14- to 17-year-olds and 55% of 18- to 24-year-olds had lost more than they had intended
  • and 6% under 18 had played a poker machine[14]

Regulatory authorities

Mobile

Since the introduction of new gambling services, including online gambling, the Commonwealth has taken a more active role in the regulation of gambling, but the Australian gambling industry is also regulated by State and Territory authorities:[15]

  • Australian Capital Territory - ACT Gambling and Racing Commission
  • New South Wales - New South Wales Office of Liquor, Gaming and Racing
  • Northern Territory - Licensing Commission
  • Queensland - Office of Liquor and Gaming Regulation
  • South Australia - Independent Gambling Authority
  • Tasmania - Tasmanian Gaming Commission
  • Victoria - Victorian Commission for Gambling and Liquor Regulation
  • Western Australia - Department of Racing, Gaming and Liquor

Key legislation

Traditionally gambling has been legislated at a state and territory level rather than by the Commonwealth:[16]

  • Australian Capital Territory
    • Betting (ACTTAB Limited) Act 1964
    • Casino Control Act 2006
    • Gaming Machine Act 2004
    • Interactive Gambling Act 1998
    • Lotteries Act 1964
    • Pool Betting Act 1964
    • Race and Sports Bookmaking Act 2001
    • Racing Act 1999
    • Unlawful Gambling
  • New South Wales
    • Betting Tax Act 2001
    • Casino Control Act 1992
    • Charitable Fundraising Act 1991
    • Gambling (Two-Up) Act 1998
    • Gaming and Liquor Administration Act 2007
    • Gaming Machines Act 2001
    • Gaming Machines Tax Act 2001
    • Liquor Act 2007
    • Lotteries and Art Unions Act 1901
    • Public Lotteries Act 1996
    • Racing Administration Act 1998
    • Registered Clubs Act 1976
    • Totalizator Act 1997
    • Unlawful Gambling Act 1998.
  • Northern Territory
    • Gaming Control Act 2005;
    • Gaming Machine Act 2005;
    • Northern Territory Licensing Commission Act 2001;
    • Racing and Betting Act 2004;
    • Soccer Football Pools Act 2004;
    • Totalisator Licensing and Regulation Act 2004; and
    • Unlawful Betting Act 2004.
  • Queensland
    • Brisbane Casino Agreement Act 1992
    • Breakwater Island Casino Agreement Act 1984
    • Cairns Casino Agreement Act 1993
    • Casino Control Act 1982
    • Charitable and Non-Profit Gaming Act 1999
    • Gaming Machine Act 1991
    • Interactive Gambling (Player Protection) Act 1998
    • Jupiters Casino Agreement Act 1983
    • Keno Act 1996
    • Lotteries Act 1997
    • Wagering Act 1998.
  • South Australia
    • Authorised Betting Operations Act 2000
    • Casino Act 1997
    • Gaming Machines Act 1992
    • Lottery and Gaming Act 1936
    • State Lotteries Act 1966
  • Tasmania
    • Gaming Control Act 1993
    • TT-Line Gaming Act 1993
  • Victoria
    • Casino control Act
    • Casino (Management Agreement) Act 1993
    • Gambling Regulation Act 2003.
  • Western Australia
    • Betting Control Act 1954
    • Bookmakers Betting Levy Act 1954
    • Casino (Burswood Island) Agreement Act 1985
    • Casino Control Act 1984
    • Gaming and Betting (Contracts and Securities) Act 1985
    • Gaming and Wagering Commission Act 1987
    • Gaming and Wagering Commission (Continuing Lotteries Levy) Act 2000
    • Racing and Wagering Western Australia Act 2003
    • Racing and Wagering Western Australia Tax Act 2003
    • Racing Restriction Act 2003
    • Racing Bets Levy Act 2009

Online gambling

The Interactive Gambling Act (2001) was passed by the Australian Commonwealth Parliament on 28 June 2001.[17] It received assent on 11 July 2001[18]

The Act is targeted at online gambling operators, making it an offense for them to offer 'real-money' online interactive gambling to residents of Australia. It also makes it illegal for online gambling operators to advertise 'real-money' interactive gambling services (such as online poker and casino) to Australian citizens.[17]That being said, the amount spent on online gaming by Australians reached some $800 million by 2010, according to the official 2010 Productivity Report of the Australian Government.[2]

Accessing and using the interactive gambling services is not an offence. It is also allowed to companies based in Australia to offer their gambling services to gamblers located outside Australia with the exception of those countries that were called 'designated countries'.[19]

Taxation laws on gambling in Australia

2017 preakness horses. Gamblers' winnings in Australia are not taxed. There are 3 main reasons for that:

  • Gambling is not considered a profession, it's treated as a hobby or recreational activity.
  • The Australian government views gains from gambling activities not as income, but as a result of good luck. Even if someone wins big, they also lose a lot in other gambling sessions.
  • The government taxes gambling operators instead.[20][21]

Taxation of gambling operators in Australia differs from state to state and different gambling services are taxed in a different way. There are taxes on the turnover, on player loss and net profit. As gambling operators need to obtain a license to offer their services, certain fees must also be paid at this stage of gambling business development.[22]

The use of different tax rates and tax bases makes it difficult to compare taxes across states. For example, the ACT's keno tax rate of 2.53% of turnover is equivalent to a tax rate on gross profits of 10.12%.[23]

Tax rates (2015–16)[24]

EGMs in hotelsEGMs in clubsEGMs in casinosKenoTable games in casinos (and keno in casinos in some instances)
NSW0-50% of quarterly player loss, depending on quarterly player loss0-28.05% of quarterly player loss, depending on quarterly player loss (the rate peaks at 28.05% for $250,000-$450,000, then falls to 18.05% before rising to a maximum of 26.55% above $5 million)16.41-38.91% of gross revenue, depending on gross revenue, plus 2% Responsible Gambling Levy on gross gaming revenue8.91%-14.91% of player loss, depending on player loss16.41-38.91% of gross revenue, depending on gross revenue
Victoria8.33-62.53% of monthly average player loss (per machine), depending on by monthly average player loss, times by the average number of machines0-54.20% of monthly average player loss (per machine), depending on monthly average player loss, times by the average number of machines31.57-51.57% of gross gaming revenue, depending on gross revenue, plus a 1% Community Benefit Levy24.24% of player loss21.25-41.25% of gross revenue, depending on gross revenue, plus 1% Community Benefit Levy
Queensland35% of monthly taxable metered win (amount bet minus payout), plus Health Services Levy of 0-20% of monthly taxable metered win, depending on monthly metered win0-35.00% of monthly taxable metered win, depending on monthly metered win30% of monthly gross revenue (Gold Coast and Brisbane casinos), 20% of gross revenue (Townsville and Cairns casinos)29.40% of monthly gross revenue, excluding casino commissions (Jupiters Casino), 20% of monthly gross revenue (Gold Coast and Brisbane casinos), 10% of gross revenue (Townsville and Cairns casinos)20% of monthly gross revenue (Gold Coast and Brisbane casinos), 10% of gross revenue (Townsville and Cairns casinos)
Western AustraliaN/AN/A12.42% flat rate on gross gaming revenue, plus 2% Burswood Park Levy on gross revenue9.37% of player loss (domestic), 1.75% of player loss (international business)9.37% (domestic), 12.92% (fully automated table games)
South Australia0-65% of annual net gambling revenue, depending on annual net gambling revenueUp to 41% of net gambling revenue41% of net gambling revenue3.41% of net gambling revenue (table games), 10.91% of net gambling revenue (fully automated table games)
Tasmania25.88% of gross profit, plus 4% Community Support Levy25.88% on gross profit5.88% of gross profit0.88% of annual gross profit
Northern Territory12.91-42.91% of monthly gross profits11% of gross profit (Lasseters Casino), 15% of gross profit (Skycity Darwin Casino), plus a 10% Community Benefit Levy10% of gross profit, reduced by the GST amountThe GST rate only
Australian Capital Territory25.9% of gross monthly revenue, plus 0.6% Problem Gambling Assistance Fund Levy10.9% of gross revenue2.53% of turnover
Major forms of gambling taxation by gambling type[22]
Forms of taxationGambling Activity
Turnover taxBookmakers (racing)
Bookmakers (sports betting)
Totalisator wagering on racing
Lottery subscriptions
Draw card machines
Keno
Tax on player lossTotalisator wagering on racing
Sports betting
Poker machines in hotels, clubs, casinos
Casinos
TAB sports betting
Keno
Net profits taxPoker machines
Off-course totalisator investment
Licence FeesCasinos
Poker machines
Lotteries
Racing
Bookmakers
Sports betting
Minor gambling (bingo, raffles)

See also

References

  1. ^Bryant, Nick 'Australia in thrall of gambling mania', BBC, 30 January 2007
  2. ^ abAustralian Gambling Habits
  3. ^ abProductivity, Commission. 'Productivity Commission Inquiry Report'. pc.gov.au/. Australian Government. Retrieved 22 January 2015.
  4. ^Fourth social and economic impact study of gambling in Tasmania (2017), Volume 1: Industry trends and impacts(PDF). ACIL Allen Consulting. pp. 57–60. Retrieved 17 January 2018.
  5. ^Australian Institute of Gambling Research. 'Australian Gambling Comparative History and Analysis'(PDF). www.vcgr.vic.gov.au. Victorian Casino and Gaming Authority. Retrieved 29 January 2015.
  6. ^Ziolkowski, S. 'The World Count of Gaming Machines 2013'(PDF). www.gamingta.com. The Gaming Technologies Association. Retrieved 29 January 2015.
  7. ^McNally, Caroline. 'Gambling in Australia'. problemgambling.net.au. Central Coast Gambling Help.
  8. ^ abNeedham, Kristy. 'Punters in west pile money in pokies', 'The Sydney Morning Herald', Australia, 23 March 2014. Retrieved on 10 September 2014.
  9. ^ abcPage, Donna. 'Hunter punters blow $8682 a minute on pokies', 'Newcastle Herald', Australia, 4 October 2013. Retrieved on 9 September 2014.
  10. ^ abPage, Donna.'How the Hunter gambled $4bn', 'Newcastle Herald', Australia, 26 July 2010. Retrieved on 9 September 2014.
  11. ^Office of Liquor and gambin NSW 2018 https://www.liquorandgaming.nsw.gov.au/resources/gaming-machine-data
  12. ^ abMarkham, Francis. 'Who wins big from gambling in Australia'. theconversation.com. The Conversation. Retrieved 29 January 2015.
  13. ^ACNielsen. 'Prevalence of Gambling and Problem Gambling in NSW – A Community Survey 2006'. www.olgr.nsw.gov.au. NSW Office of Liquor, Gaming and Racing. Retrieved 29 January 2015.
  14. ^McNally, Caroline. 'Gambling in Australia'. problemgambling.net.au. Central Coast Gambling Help. Retrieved 29 January 2015.
  15. ^Parliament Library: Gambling Policy and Regulation
  16. ^Australian Gambling Statistics, 1986-87 and 2011-12, 29th Edition, 2004, p. 7.
  17. ^ abInteractive Gambling Act Receives Assent
  18. ^Interactive Gambling Act 2001: Compilation
  19. ^Review of the Interactive Gaming Act 2001
  20. ^Australia's future tax system - Report to the Treasurer 2009[permanent dead link]
  21. ^Australian Gambling laws: Taxes
  22. ^ ab'Australian Gaming Council: Gamblng Taxes'(PDF). Archived from the original(PDF) on 22 March 2012. Retrieved 3 November 2011.
  23. ^Joint Select Committee on Future Gaming Markets: Final Report. Parliament of Tasmania. p. 146. Retrieved 11 January 2018.
  24. ^Joint Select Committee on Future Gaming Markets: Final Report. Parliament of Tasmania. pp. Tables 6–10. Retrieved 11 January 2018.
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Gambling_in_Australia&oldid=1004181267'

Gambling Laws By State

Gambling Law: An Overview

Gambling, though widespread in the United States, is subject to legislation at both the state and federal level that bans it from certain areas, limits the means and types of gambling, and otherwise regulates the activity.

Congress has used its power under the Commerce Clause to regulate interstate gambling, international gambling, and relations between the United States and Native American territories. For example, it has passed laws prohibiting the unauthorized transportation of lottery tickets between states, outlawing sports betting with certain exceptions, and regulating the extent to which gambling may exist on Native American land.

Each state determines what kind of gambling it allows within its borders, where the gambling can be located, and who may gamble. Each state has enacted different laws pertaining to these topics. The states also have differing legal gambling ages, with some states requiring the same minimum age for all types of gambling, while for others, it depends on the activity. For example, in New Jersey, an 18-year-old can buy a lottery ticket or bet on a horse race, but cannot enter a casino until age 21. Presumably, the age 21 restriction is due to the sale of alcohol in that location.

Mobile Gambling Laws

A standard strategy for avoiding laws that prohibit, constrain, or aggressively tax gambling is to locate the activity just outside the jurisdiction that enforces them, in a more 'gambling friendly' legal environment. Gambling establishments often exist near state borders and on ships that cruise outside territorial waters. Gambling activity has also exploded in recent years in Native American territory. Internet-based gambling takes this strategy and extends it to a new level of penetration, for it threatens to bring gambling directly into homes and businesses in localities where a physical gambling establishment could not conduct the same activity.

Internet Gambling

Federal Regulation

In the 1990s, when the World Wide Web was growing rapidly in popularity, online gambling appeared to represent an end-run around government control and prohibition. A site operator needed only to establish the business in a friendly offshore jurisdiction such as the Bahamas and begin taking bets. Anyone with access to a web browser could find the site and place wagers by credit card. Confronted with this blatant challenge to American policies, the Department of Justice and Congress explored the applicability of current law and the desirability of new regulation for online gambling.

Career qualifications for a casino blackjack dealer vary but include a gaming license in your state as well as the ability to play blackjack. Many dealers complete a certificate or training program, but some casinos offer in-house training programs for dealers to learn gambling rules and procedures, as well as gaming laws and regulations. Being a Blackjack Dealer may require a high school diploma or its equivalent. Typically reports to a supervisor or manager. The Blackjack Dealer may require 0-1 year of general work experience. Possesses a moderate understanding of general aspects of the job. How do you become a blackjack dealer. Another route to becoming a blackjack dealer is to work in a casino in another capacity before moving on to the lucrative dealer position. For example, you might get a job assisting in the pit, and then apply for a blackjack job when one opens up. As a blackjack dealer, there are benefits and drawbacks. Now that you're the expert on all things Blackjack This is the 15th tip in our series, 'How to Play Blackjack: 21 Winning Tips.' If you would like to view these tips offline and at your leisure, just click for the Fort Myers Beach location or the Myrtle Beach location. Maybe you're thinking 'I should become a Blackjack Dealer!'. Well, if you go through the right steps, the odds.

In exploring whether an offshore Internet gambling business taking bets from Americans violated federal law, attention was focused on the Wire Act, 18 U.S.C. § 1084 (2000). The operator of a wagering business is at risk of being fined and imprisoned under the Wire Act if the operator knowingly uses a 'wire communication facility' to transmit information related to wagering on 'any sporting event or contest.' 18 U.S.C. § 1084(a). An exception exists if that act is legal in both the source and destination locations of the transmission. § 1084(b). The Wire Act's definition of 'wire communication facility' appears to embrace the nation's entire telecommunications infrastructure, and therefore probably applies to online gambling. See § 1081.

The Department of Justice maintains that, under the Wire Act, all Internet gambling by bettors in the United States is illegal. U.S. House of Representatives Committee on the Judiciary Hearing on Establishing Consistent Enforcement Policies in the Context of Online Wagers, 110th Cong., Nov. 14, 2007 (testimony of Catherine Hanaway, U.S. Attorney (E.D. Mo.), Dept. of Justice). The Fifth Circuit disagreed, ruling that the Wire Act applies only to sports betting, not other types of gambling. In re MasterCard Int'l Inc., 313 F.3d 257 (5th Cir. 2002).

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act, which made it illegal for wagering businesses to knowingly accept payment in connection with unlawful Internet gambling (though it does not itself make Internet gambling illegal). 109 Pub. L. 109-347, Title VIII (Oct. 13, 2006) (codified at 31 U.S.C. §§ 5301, 5361–67). It also authorizes the Federal Reserve System to create regulations that prohibit financial transaction providers (banks, credit card companies, etc.) from accepting those payments. See 31 U.S.C. § 5363(4). This Act, along with threats of prosecution under the Wire Act from the Department of Justice, has caused several Internet gambling businesses to withdraw from the U.S. market.

In response, House Representatives introduced multiple bills in 2007 to soften federal Internet gambling law. If passed, the Internet Gambling Regulation and Enforcement Act and the Internet Gambling Regulation and Tax Enforcement Act would license, regulate, and tax Internet gambling businesses rather than prohibit them from taking bets from the United States. Alternatively, the Skill Game Protection Act would clarify the Wire Act to exempt certain games such as poker and chess.

State Regulation

In addition to federal measures, some states have enacted legislation to prohibit some types of Internet gambling. In 2006, Washington State amended its Code to make knowingly transmitting or receiving gambling information over the Internet a felony. See Wash. Rev. Code § 9.46.240 (2006). Other states with similar prohibitions have made it a misdemeanor instead. See e.g., 720 ILCS 5/28-1 (2007).

States have not been particularly active in enforcing these laws, possibly due to a conflict with the dormant Commerce Clause doctrine. That doctrine theorizes that state law applying to commerce outside the state's borders is unconstitutional because that power lies with federal, not state, government. In particular, federal preemption has obstructed states' attempts to regulate gambling activity on Indian reservations within state borders. See Missouri ex rel. Nixon v. Coeur D'Alene Tribe, 164 F.3d 1102 (8th Cir. 1999). The federal Indian Gaming Regulatory Act, 25 U.S.C. § 29 (2000), governs gambling activity on Indian reservations, but the extent to which it and other federal gambling laws preempt state action in the Internet arena is uncertain.

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Mobile Gambling Laws

New South Wales

New South Wales has a long history of gambling; Australia's first official horse racing meeting occurred in 1810 at Hyde Park in Sydney; the first official Australian lottery occurred in 1881 at the Sydney Cup; and registered clubs operated the first legal poker machines in Australia from 1956.[5] Spence vs garcia odds.

Approximately 95,800 of 'pokies' are in NSW, a state total beaten only by Nevada, which operated 181,109 gambling machines in 2014.[6]

Between 1 December 2017 to 31 May 2018 NSW Clubs made a net profit of $1,945,161,625 and hotels made a net profit of $1,169,040,731 from pokies alone.[7]

Fairfield

Fairfield had the highest poker machine revenue in the state for 2013, generating $298 million in clubs and $93 million in pubs, from the start of the year to August.[8] This figure is $123 million greater than the combined total of profits generated from poker machines in the City of Sydney.[8]

Hunter Region

From January to March 2013 poker machines in the Hunter region had a turn over of $4.5 billion, showing an increase of $500 million since 2010.[9] Daily figures show a spend of $12.5 million, working out to be $8682 per minute.[9] The Office of Liquor Gaming and Racing found that Newcastle was the Hunter Regions most profitable location with the 3206 poker machines averaging $44,963 each.[9]The top five most profitable clubs for gaming revenue in the Hunter region in 2010 were:[10]

  • 1. Western Suburbs Leagues Club (Wests), New Lambton
  • 2. Wests (formerly Club Phoenix), Mayfield
  • 3. Wallsend RSL & Community Club, Wallsend
  • 4. Belmont 16 Foot Sailing Club, Belmont
  • 5. Cardiff Panthers, Cardiff

The top five most profitable hotels for gaming revenue in the Hunter region in 2010 were.[10]

  • 1. The George Tavern, East Maitland
  • 2. Bay Hotel Motel, Bonnells Bay
  • 3. Hotel Jesmond, Jesmond
  • 4. The Lake Macquarie Tavern, Mount Hutton
  • 5. Warners Bay Hotel, Warners Bay

Central Coast Region

According to the latest figures from Liquor and Gaming NSW there are 4,046 poker machines in 39 clubs on the Central Coast, and 626 poker machines in 29 hotels; making a total of 4,672 poker machines on the Central Coast. That means 2.37% of the total number of poker machines in Australia are on the NSW Central Coast.[11]

Gosford has approximately 1928 pokies, spread across 37 venues. That is the equivalent of one poker machine for every 71 adults. In 2010–11, venues in Gosford made approximately $95,865,000 in profit from pokies. That equates to $700 for each adult member of Gosford's population.[12]

Wyong has approximately 2608 pokies, spread across 35 venues. That is the equivalent of one poker machine for every 47 adults. In 2010–11, venues in Wyong made approximately $123,159,000 in profit from pokies. That equates to $1,000 for each adult member of Wyong's population.[12]

The Central Coast has a higher prevalence of problem gambling than the NSW average. Young men between the ages of 18-24 living on the Central Coast are the biggest players of poker machines in NSW and are the highest risk group for problem gambling.[13]

In 2008 Central Coast Gambling Help carried out a survey of 200 young people aged from 13-24 and found:

  • 96% of people from 18-24 had gambled for money or possessions
  • 62% of those under 14 years old and 77% of those aged up to 17 had gambled for money or items, including mobile phones and MP3 players
  • 25.5% of 14- to 17-year-olds and 55% of 18- to 24-year-olds had lost more than they had intended
  • and 6% under 18 had played a poker machine[14]

Regulatory authorities

Since the introduction of new gambling services, including online gambling, the Commonwealth has taken a more active role in the regulation of gambling, but the Australian gambling industry is also regulated by State and Territory authorities:[15]

  • Australian Capital Territory - ACT Gambling and Racing Commission
  • New South Wales - New South Wales Office of Liquor, Gaming and Racing
  • Northern Territory - Licensing Commission
  • Queensland - Office of Liquor and Gaming Regulation
  • South Australia - Independent Gambling Authority
  • Tasmania - Tasmanian Gaming Commission
  • Victoria - Victorian Commission for Gambling and Liquor Regulation
  • Western Australia - Department of Racing, Gaming and Liquor

Key legislation

Traditionally gambling has been legislated at a state and territory level rather than by the Commonwealth:[16]

  • Australian Capital Territory
    • Betting (ACTTAB Limited) Act 1964
    • Casino Control Act 2006
    • Gaming Machine Act 2004
    • Interactive Gambling Act 1998
    • Lotteries Act 1964
    • Pool Betting Act 1964
    • Race and Sports Bookmaking Act 2001
    • Racing Act 1999
    • Unlawful Gambling
  • New South Wales
    • Betting Tax Act 2001
    • Casino Control Act 1992
    • Charitable Fundraising Act 1991
    • Gambling (Two-Up) Act 1998
    • Gaming and Liquor Administration Act 2007
    • Gaming Machines Act 2001
    • Gaming Machines Tax Act 2001
    • Liquor Act 2007
    • Lotteries and Art Unions Act 1901
    • Public Lotteries Act 1996
    • Racing Administration Act 1998
    • Registered Clubs Act 1976
    • Totalizator Act 1997
    • Unlawful Gambling Act 1998.
  • Northern Territory
    • Gaming Control Act 2005;
    • Gaming Machine Act 2005;
    • Northern Territory Licensing Commission Act 2001;
    • Racing and Betting Act 2004;
    • Soccer Football Pools Act 2004;
    • Totalisator Licensing and Regulation Act 2004; and
    • Unlawful Betting Act 2004.
  • Queensland
    • Brisbane Casino Agreement Act 1992
    • Breakwater Island Casino Agreement Act 1984
    • Cairns Casino Agreement Act 1993
    • Casino Control Act 1982
    • Charitable and Non-Profit Gaming Act 1999
    • Gaming Machine Act 1991
    • Interactive Gambling (Player Protection) Act 1998
    • Jupiters Casino Agreement Act 1983
    • Keno Act 1996
    • Lotteries Act 1997
    • Wagering Act 1998.
  • South Australia
    • Authorised Betting Operations Act 2000
    • Casino Act 1997
    • Gaming Machines Act 1992
    • Lottery and Gaming Act 1936
    • State Lotteries Act 1966
  • Tasmania
    • Gaming Control Act 1993
    • TT-Line Gaming Act 1993
  • Victoria
    • Casino control Act
    • Casino (Management Agreement) Act 1993
    • Gambling Regulation Act 2003.
  • Western Australia
    • Betting Control Act 1954
    • Bookmakers Betting Levy Act 1954
    • Casino (Burswood Island) Agreement Act 1985
    • Casino Control Act 1984
    • Gaming and Betting (Contracts and Securities) Act 1985
    • Gaming and Wagering Commission Act 1987
    • Gaming and Wagering Commission (Continuing Lotteries Levy) Act 2000
    • Racing and Wagering Western Australia Act 2003
    • Racing and Wagering Western Australia Tax Act 2003
    • Racing Restriction Act 2003
    • Racing Bets Levy Act 2009

Online gambling

The Interactive Gambling Act (2001) was passed by the Australian Commonwealth Parliament on 28 June 2001.[17] It received assent on 11 July 2001[18]

The Act is targeted at online gambling operators, making it an offense for them to offer 'real-money' online interactive gambling to residents of Australia. It also makes it illegal for online gambling operators to advertise 'real-money' interactive gambling services (such as online poker and casino) to Australian citizens.[17]That being said, the amount spent on online gaming by Australians reached some $800 million by 2010, according to the official 2010 Productivity Report of the Australian Government.[2]

Accessing and using the interactive gambling services is not an offence. It is also allowed to companies based in Australia to offer their gambling services to gamblers located outside Australia with the exception of those countries that were called 'designated countries'.[19]

Taxation laws on gambling in Australia

2017 preakness horses. Gamblers' winnings in Australia are not taxed. There are 3 main reasons for that:

  • Gambling is not considered a profession, it's treated as a hobby or recreational activity.
  • The Australian government views gains from gambling activities not as income, but as a result of good luck. Even if someone wins big, they also lose a lot in other gambling sessions.
  • The government taxes gambling operators instead.[20][21]

Taxation of gambling operators in Australia differs from state to state and different gambling services are taxed in a different way. There are taxes on the turnover, on player loss and net profit. As gambling operators need to obtain a license to offer their services, certain fees must also be paid at this stage of gambling business development.[22]

The use of different tax rates and tax bases makes it difficult to compare taxes across states. For example, the ACT's keno tax rate of 2.53% of turnover is equivalent to a tax rate on gross profits of 10.12%.[23]

Tax rates (2015–16)[24]

EGMs in hotelsEGMs in clubsEGMs in casinosKenoTable games in casinos (and keno in casinos in some instances)
NSW0-50% of quarterly player loss, depending on quarterly player loss0-28.05% of quarterly player loss, depending on quarterly player loss (the rate peaks at 28.05% for $250,000-$450,000, then falls to 18.05% before rising to a maximum of 26.55% above $5 million)16.41-38.91% of gross revenue, depending on gross revenue, plus 2% Responsible Gambling Levy on gross gaming revenue8.91%-14.91% of player loss, depending on player loss16.41-38.91% of gross revenue, depending on gross revenue
Victoria8.33-62.53% of monthly average player loss (per machine), depending on by monthly average player loss, times by the average number of machines0-54.20% of monthly average player loss (per machine), depending on monthly average player loss, times by the average number of machines31.57-51.57% of gross gaming revenue, depending on gross revenue, plus a 1% Community Benefit Levy24.24% of player loss21.25-41.25% of gross revenue, depending on gross revenue, plus 1% Community Benefit Levy
Queensland35% of monthly taxable metered win (amount bet minus payout), plus Health Services Levy of 0-20% of monthly taxable metered win, depending on monthly metered win0-35.00% of monthly taxable metered win, depending on monthly metered win30% of monthly gross revenue (Gold Coast and Brisbane casinos), 20% of gross revenue (Townsville and Cairns casinos)29.40% of monthly gross revenue, excluding casino commissions (Jupiters Casino), 20% of monthly gross revenue (Gold Coast and Brisbane casinos), 10% of gross revenue (Townsville and Cairns casinos)20% of monthly gross revenue (Gold Coast and Brisbane casinos), 10% of gross revenue (Townsville and Cairns casinos)
Western AustraliaN/AN/A12.42% flat rate on gross gaming revenue, plus 2% Burswood Park Levy on gross revenue9.37% of player loss (domestic), 1.75% of player loss (international business)9.37% (domestic), 12.92% (fully automated table games)
South Australia0-65% of annual net gambling revenue, depending on annual net gambling revenueUp to 41% of net gambling revenue41% of net gambling revenue3.41% of net gambling revenue (table games), 10.91% of net gambling revenue (fully automated table games)
Tasmania25.88% of gross profit, plus 4% Community Support Levy25.88% on gross profit5.88% of gross profit0.88% of annual gross profit
Northern Territory12.91-42.91% of monthly gross profits11% of gross profit (Lasseters Casino), 15% of gross profit (Skycity Darwin Casino), plus a 10% Community Benefit Levy10% of gross profit, reduced by the GST amountThe GST rate only
Australian Capital Territory25.9% of gross monthly revenue, plus 0.6% Problem Gambling Assistance Fund Levy10.9% of gross revenue2.53% of turnover
Major forms of gambling taxation by gambling type[22]
Forms of taxationGambling Activity
Turnover taxBookmakers (racing)
Bookmakers (sports betting)
Totalisator wagering on racing
Lottery subscriptions
Draw card machines
Keno
Tax on player lossTotalisator wagering on racing
Sports betting
Poker machines in hotels, clubs, casinos
Casinos
TAB sports betting
Keno
Net profits taxPoker machines
Off-course totalisator investment
Licence FeesCasinos
Poker machines
Lotteries
Racing
Bookmakers
Sports betting
Minor gambling (bingo, raffles)

See also

References

  1. ^Bryant, Nick 'Australia in thrall of gambling mania', BBC, 30 January 2007
  2. ^ abAustralian Gambling Habits
  3. ^ abProductivity, Commission. 'Productivity Commission Inquiry Report'. pc.gov.au/. Australian Government. Retrieved 22 January 2015.
  4. ^Fourth social and economic impact study of gambling in Tasmania (2017), Volume 1: Industry trends and impacts(PDF). ACIL Allen Consulting. pp. 57–60. Retrieved 17 January 2018.
  5. ^Australian Institute of Gambling Research. 'Australian Gambling Comparative History and Analysis'(PDF). www.vcgr.vic.gov.au. Victorian Casino and Gaming Authority. Retrieved 29 January 2015.
  6. ^Ziolkowski, S. 'The World Count of Gaming Machines 2013'(PDF). www.gamingta.com. The Gaming Technologies Association. Retrieved 29 January 2015.
  7. ^McNally, Caroline. 'Gambling in Australia'. problemgambling.net.au. Central Coast Gambling Help.
  8. ^ abNeedham, Kristy. 'Punters in west pile money in pokies', 'The Sydney Morning Herald', Australia, 23 March 2014. Retrieved on 10 September 2014.
  9. ^ abcPage, Donna. 'Hunter punters blow $8682 a minute on pokies', 'Newcastle Herald', Australia, 4 October 2013. Retrieved on 9 September 2014.
  10. ^ abPage, Donna.'How the Hunter gambled $4bn', 'Newcastle Herald', Australia, 26 July 2010. Retrieved on 9 September 2014.
  11. ^Office of Liquor and gambin NSW 2018 https://www.liquorandgaming.nsw.gov.au/resources/gaming-machine-data
  12. ^ abMarkham, Francis. 'Who wins big from gambling in Australia'. theconversation.com. The Conversation. Retrieved 29 January 2015.
  13. ^ACNielsen. 'Prevalence of Gambling and Problem Gambling in NSW – A Community Survey 2006'. www.olgr.nsw.gov.au. NSW Office of Liquor, Gaming and Racing. Retrieved 29 January 2015.
  14. ^McNally, Caroline. 'Gambling in Australia'. problemgambling.net.au. Central Coast Gambling Help. Retrieved 29 January 2015.
  15. ^Parliament Library: Gambling Policy and Regulation
  16. ^Australian Gambling Statistics, 1986-87 and 2011-12, 29th Edition, 2004, p. 7.
  17. ^ abInteractive Gambling Act Receives Assent
  18. ^Interactive Gambling Act 2001: Compilation
  19. ^Review of the Interactive Gaming Act 2001
  20. ^Australia's future tax system - Report to the Treasurer 2009[permanent dead link]
  21. ^Australian Gambling laws: Taxes
  22. ^ ab'Australian Gaming Council: Gamblng Taxes'(PDF). Archived from the original(PDF) on 22 March 2012. Retrieved 3 November 2011.
  23. ^Joint Select Committee on Future Gaming Markets: Final Report. Parliament of Tasmania. p. 146. Retrieved 11 January 2018.
  24. ^Joint Select Committee on Future Gaming Markets: Final Report. Parliament of Tasmania. pp. Tables 6–10. Retrieved 11 January 2018.
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Gambling_in_Australia&oldid=1004181267'

Gambling Laws By State

Gambling Law: An Overview

Gambling, though widespread in the United States, is subject to legislation at both the state and federal level that bans it from certain areas, limits the means and types of gambling, and otherwise regulates the activity.

Congress has used its power under the Commerce Clause to regulate interstate gambling, international gambling, and relations between the United States and Native American territories. For example, it has passed laws prohibiting the unauthorized transportation of lottery tickets between states, outlawing sports betting with certain exceptions, and regulating the extent to which gambling may exist on Native American land.

Each state determines what kind of gambling it allows within its borders, where the gambling can be located, and who may gamble. Each state has enacted different laws pertaining to these topics. The states also have differing legal gambling ages, with some states requiring the same minimum age for all types of gambling, while for others, it depends on the activity. For example, in New Jersey, an 18-year-old can buy a lottery ticket or bet on a horse race, but cannot enter a casino until age 21. Presumably, the age 21 restriction is due to the sale of alcohol in that location.

A standard strategy for avoiding laws that prohibit, constrain, or aggressively tax gambling is to locate the activity just outside the jurisdiction that enforces them, in a more 'gambling friendly' legal environment. Gambling establishments often exist near state borders and on ships that cruise outside territorial waters. Gambling activity has also exploded in recent years in Native American territory. Internet-based gambling takes this strategy and extends it to a new level of penetration, for it threatens to bring gambling directly into homes and businesses in localities where a physical gambling establishment could not conduct the same activity.

Internet Gambling

Federal Regulation

In the 1990s, when the World Wide Web was growing rapidly in popularity, online gambling appeared to represent an end-run around government control and prohibition. A site operator needed only to establish the business in a friendly offshore jurisdiction such as the Bahamas and begin taking bets. Anyone with access to a web browser could find the site and place wagers by credit card. Confronted with this blatant challenge to American policies, the Department of Justice and Congress explored the applicability of current law and the desirability of new regulation for online gambling.

Career qualifications for a casino blackjack dealer vary but include a gaming license in your state as well as the ability to play blackjack. Many dealers complete a certificate or training program, but some casinos offer in-house training programs for dealers to learn gambling rules and procedures, as well as gaming laws and regulations. Being a Blackjack Dealer may require a high school diploma or its equivalent. Typically reports to a supervisor or manager. The Blackjack Dealer may require 0-1 year of general work experience. Possesses a moderate understanding of general aspects of the job. How do you become a blackjack dealer. Another route to becoming a blackjack dealer is to work in a casino in another capacity before moving on to the lucrative dealer position. For example, you might get a job assisting in the pit, and then apply for a blackjack job when one opens up. As a blackjack dealer, there are benefits and drawbacks. Now that you're the expert on all things Blackjack This is the 15th tip in our series, 'How to Play Blackjack: 21 Winning Tips.' If you would like to view these tips offline and at your leisure, just click for the Fort Myers Beach location or the Myrtle Beach location. Maybe you're thinking 'I should become a Blackjack Dealer!'. Well, if you go through the right steps, the odds.

In exploring whether an offshore Internet gambling business taking bets from Americans violated federal law, attention was focused on the Wire Act, 18 U.S.C. § 1084 (2000). The operator of a wagering business is at risk of being fined and imprisoned under the Wire Act if the operator knowingly uses a 'wire communication facility' to transmit information related to wagering on 'any sporting event or contest.' 18 U.S.C. § 1084(a). An exception exists if that act is legal in both the source and destination locations of the transmission. § 1084(b). The Wire Act's definition of 'wire communication facility' appears to embrace the nation's entire telecommunications infrastructure, and therefore probably applies to online gambling. See § 1081.

The Department of Justice maintains that, under the Wire Act, all Internet gambling by bettors in the United States is illegal. U.S. House of Representatives Committee on the Judiciary Hearing on Establishing Consistent Enforcement Policies in the Context of Online Wagers, 110th Cong., Nov. 14, 2007 (testimony of Catherine Hanaway, U.S. Attorney (E.D. Mo.), Dept. of Justice). The Fifth Circuit disagreed, ruling that the Wire Act applies only to sports betting, not other types of gambling. In re MasterCard Int'l Inc., 313 F.3d 257 (5th Cir. 2002).

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act, which made it illegal for wagering businesses to knowingly accept payment in connection with unlawful Internet gambling (though it does not itself make Internet gambling illegal). 109 Pub. L. 109-347, Title VIII (Oct. 13, 2006) (codified at 31 U.S.C. §§ 5301, 5361–67). It also authorizes the Federal Reserve System to create regulations that prohibit financial transaction providers (banks, credit card companies, etc.) from accepting those payments. See 31 U.S.C. § 5363(4). This Act, along with threats of prosecution under the Wire Act from the Department of Justice, has caused several Internet gambling businesses to withdraw from the U.S. market.

In response, House Representatives introduced multiple bills in 2007 to soften federal Internet gambling law. If passed, the Internet Gambling Regulation and Enforcement Act and the Internet Gambling Regulation and Tax Enforcement Act would license, regulate, and tax Internet gambling businesses rather than prohibit them from taking bets from the United States. Alternatively, the Skill Game Protection Act would clarify the Wire Act to exempt certain games such as poker and chess.

State Regulation

In addition to federal measures, some states have enacted legislation to prohibit some types of Internet gambling. In 2006, Washington State amended its Code to make knowingly transmitting or receiving gambling information over the Internet a felony. See Wash. Rev. Code § 9.46.240 (2006). Other states with similar prohibitions have made it a misdemeanor instead. See e.g., 720 ILCS 5/28-1 (2007).

States have not been particularly active in enforcing these laws, possibly due to a conflict with the dormant Commerce Clause doctrine. That doctrine theorizes that state law applying to commerce outside the state's borders is unconstitutional because that power lies with federal, not state, government. In particular, federal preemption has obstructed states' attempts to regulate gambling activity on Indian reservations within state borders. See Missouri ex rel. Nixon v. Coeur D'Alene Tribe, 164 F.3d 1102 (8th Cir. 1999). The federal Indian Gaming Regulatory Act, 25 U.S.C. § 29 (2000), governs gambling activity on Indian reservations, but the extent to which it and other federal gambling laws preempt state action in the Internet arena is uncertain.

menu of sources

Federal Material

Arizona Gambling Law

U.S. Constitution and Federal Statutes

  • U.S. Code: Title 15, Chapter 24: Transportation of Gambling Devices
  • U.S. Code: Title 15, Chapter 57, Interstate Horseracing
  • U.S. Code: Title 18, Chapter 50: Gambling
  • U.S. Code: Title 18, Chapter 61: Lotteries
  • 18 U.S.C. §1953 (Interstate Transportation of Wagering Paraphernalia Act)
  • 18 U.S.C. §1955 (Illegal Gambling Business Act of 1970)
  • 25 U.S.C. §§2701-2721 (Indian Gaming Regulatory Act)
  • U.S. Code: Title 28, Chapter 178: Professional and Amateur Sports Protection
  • Code of Federal Regulations: Title 25, Chapter 3: National Indian Gaming Commission, Department of the Interior
  • Proposed Internet Gambling Prohibition Act of 1997 (not passed)

Federal Judicial Decisions

  • Greater New Orleans Broadcasting Association, Inc. v. United States, 527 U.S. 173 (1999)
  • Ratzlaf v. United States, 510 U.S. 135 (1994)
  • Chickasaw Nation v. United States, 534 U.S. 84 (1999)

State Material

Other References

  • '14 Charged in Internet Betting' (Washington Post, March 5, 1998)
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