Australia Just Rewrote Its Gambling Ad Rules — and the Senate's Own Inquiry Says the Centrepiece Won't Work

Australia's government has bolted a national gambling ad opt-out register onto its reform bill — on the same night a Senate inquiry reported that opt-out models don't work. The package also bans influencer endorsements, widens ad blackouts and kills VIP commissions, with a 1 January 2027 start date.

Australia has agreed the biggest overhaul of gambling advertising in its history, and the timing could hardly have been more awkward. On the same Monday night that a Senate inquiry handed down a report picking apart the government's approach, Communications Minister Anika Wells was in Parliament attaching last-minute amendments to the bill — including a national opt-out register that the inquiry's own witnesses had already argued is unlikely to protect the people it is aimed at.

What the package actually does

Opt-out register: a national list letting Australians block gambling promotions across platforms
"Triple lock" online: logged-in profile + age verification + an opt-out control before any promo is shown
Streaming parity: 9Now, 7plus and similar services fall under the free-to-air ad rules
Blackouts widened: 15 minutes before live sport (up from five), daily ban starts at 5.00am instead of 6.00am
Endorsements banned: no celebrity, athlete or influencer gambling promotion
VIP pay killed: no commissions or performance-linked payments tied to acquiring or retaining customers
Start date: expected 1 January 2027

An opt-out register, bolted on at the last minute

The centrepiece amendment creates a national mechanism through which individuals can register a preference not to be shown gambling advertising, and have that preference respected across multiple platforms rather than service by service. It arrived as part of a deal struck with the opposition Coalition, and the stated aim is to shrink the reach of gambling marketing — particularly where it lands on children and young people.

Online, it comes packaged with what the government calls a "triple lock". Before a gambling promotion can be displayed to someone, the platform must have them logged into a profile, must have verified their age, and must give them an opt-out control. Streaming services are pulled into the same net as broadcast television, closing a gap that let catch-up platforms run advertising that would have been illegal an hour earlier on the same content.

The committee heard why defaults don't protect anyone

The joint inquiry that reported the same night took 97 submissions and heard from public health researchers, people who have lived through gambling harm, broadcasters, wagering operators, regulators and state officials. Its conclusion on opt-out was blunt: the model is generally ineffective, because behavioural research consistently shows that very few people ever change a default setting.

That is the whole problem with putting the burden on the individual. The users least likely to go hunting through a settings menu to switch off gambling ads are exactly the ones the reform is written for — minors, and people in recovery trying to stay away from a product designed to pull them back.

The committee found a similar gap in the broadcast timing. Moving the daily ban forward to 5.00am creates a 15.5-hour protected window that ends at 8.30pm — but the evidence put to the inquiry showed plenty of children are still watching live sport well past that watershed, at which point the advertising simply resumes around them.

The end of the VIP commission

The provision with the sharpest teeth has nothing to do with advertising. Wagering providers will be barred from paying commissions, bonuses or any other performance-linked reward to staff, agents or third parties where the payment is tied to acquiring, reactivating, retaining or managing a customer. In other words, the financial engine behind VIP account management is being switched off.

That change traces directly back to what the inquiry heard about how those relationships actually operate. Former rugby league player Luke Bateman described betting companies pushing customers into what he called clearly harmful activity, and gave an account of the treatment high rollers received that explains why the government went after the incentive structure rather than the behaviour alone.

"Before getting there, your VIP manager would go: 'Hey, mate, what drugs do you want? Do you want a couple of bags for this weekend? We'll organise that for you. We'll have that ready for you when you get here'." — Luke Bateman, describing the inducements offered to high-value customers, as cited in the Senate inquiry.

Penalties that reach offshore

Enforcement sits with the ACMA, which gains the power to direct online content services to build and display opt-out functionality, with a 30-day compliance clock and penalties attached. Breaches carry civil penalties of up to 1,000 penalty units, and an anti-avoidance clause pushes that as high as 7,500 penalty units for anyone caught engineering a way around the rules.

The detail worth noting is that the anti-avoidance provision operates extraterritorially. It is written to capture schemes run from outside Australia — an acknowledgement that the easiest way to dodge a domestic advertising rule has always been to base the operation somewhere the rule doesn't reach.

Still short of the full ban

For all its scope, the package stops well short of what the 2023 parliamentary report You Win Some, You Lose More recommended: a total ban on gambling advertising. Several submitters to the Senate inquiry made the same case again, arguing that anything less than a complete prohibition leaves demand largely untouched. The Greens had already put a blanket ad ban to the Senate back in October 2024, framing it as a measure experts have recommended repeatedly and one the public broadly supports.

The industry's counter-argument

Responsible Wagering Australia has pushed back hard, warning that the reforms risk driving players toward illegal offshore sites run by criminal operators — the standard industry response to tightening, and one that carries more weight in a market where offshore alternatives are a click away.

RWA chief executive Kai Cantwell aimed his sharpest criticism at the delivery timeline rather than the principle, pointing out that the opt-out register is meant to be designed, built and implemented in under four months. BetStop, Australia's national self-exclusion scheme and a conceptually simpler system, took more than four years to go from idea to launch. His argument is that a rushed build risks undermining the protections already in place.

What happens next

The committee recommended that both key bills pass, while urging amendments to strengthen the harm-reduction provisions. With government and Coalition in agreement, Prime Minister Anthony Albanese confirmed the bill would move to a third reading, calling it the most significant gambling advertising reform by any Australian government ever and framing it as increased protection for those most at risk while leaving room for people who simply enjoy a bet.

The rules are expected to take effect on 1 January 2027. That leaves a little over a year to build a national opt-out register that the Senate's own inquiry doubts will change much — and to find out whether the ban on customer-linked commissions does more real work than the advertising provisions everyone is arguing about.

A sign reading Australian Parliament House, Senate Entrance in front of Parliament House in Canberra with the national flag flying above, alongside a headline panel about the Senate committee agreeing on the online gambling reform package
Bipartisan agreement in Canberra — with the Senate's own inquiry unconvinced by the bill's headline measure.

This report is based on publicly available information and reporting at the time of writing; details may change as the legislation progresses. Gambling involves risk and isn't for everyone — please play responsibly, set your limits, and if it stops being fun, take a break.

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