Gambling advertising rules in Australia have tightened significantly over the past decade, and the federal government has signalled further reform is coming. The rules now govern broadcast timing, the use of inducements, online delivery channels, and the specific protections owed to children. For operators, broadcasters, and affiliate marketers, getting the rules wrong exposes them to civil penalties running into millions of dollars and, in some cases, criminal liability.
The key laws that govern gambling advertising
Australia does not have a single consolidated gambling advertising statute. The framework sits across three main instruments.
The Broadcasting Services Act 1992 (Cth) contains the codes that restrict gambling advertising on free-to-air television and radio. The codes are registered by the Australian Communications and Media Authority (ACMA), which also enforces them. Under the codes, free-to-air broadcasters cannot air gambling advertisements during live sport from 5 minutes before the event starts until 5 minutes after it ends, across specific daytime and early evening timeslots. The restrictions apply from 6 am to 8:30 pm on weekdays and from 6 am to 8:30 pm on weekends and public holidays.
The Interactive Gambling Act 2001 (Cth) also carries advertising prohibitions. It is an offence under that Act to publish an advertisement for an interactive gambling service that is not licensed in Australia. Ann Valos Criminal Law has covered the broader reach of that Act separately, including what the Interactive Gambling Act 2001 actually prohibits for both operators and players.
State and territory legislation layers additional rules on top of the federal framework. New South Wales, Victoria, and Queensland each impose conditions on gambling licence holders that restrict where and how they advertise, particularly around venues, outdoor signage, and social media.
The inducement ban
One of the most consequential changes in recent years was the ban on betting inducements. Since September 2018, it has been prohibited under the Broadcasting Services Act codes to broadcast advertisements offering inducements to open a wagering account or place a first bet. That includes offers of "free bets", deposit matches, and bonus credits.
The ban covers free-to-air television and radio. Subscription television and online advertising are regulated differently, though licensed wagering operators are still bound by responsible gambling codes of conduct under their state licences, which restrict bonus offers more broadly. The Australian Communications and Media Authority handles complaints about broadcast breaches and can direct a broadcaster to comply or impose civil penalties.
Online and social media advertising
Online gambling advertising sits in a gap. The Broadcasting Services Act codes apply to broadcasters, not to digital platforms. That means wagering operators can, in principle, run social media campaigns that would be banned on television, subject only to their licence conditions and the Interactive Gambling Act's prohibition on advertising unlicensed services.
The federal government's National Consumer Protection Framework for Online Wagering, implemented from 2019, includes a prohibition on offering credit to customers and requires pre-commitment tools, but it does not cap online advertising volume. Reform proposals debated in 2023 and 2024 would have extended broadcast-style restrictions to streaming platforms and social media. Those proposals had not been legislated as at the date of this article.
Advertising by unlicensed operators
Advertising a gambling service that is not properly licensed in Australia is a federal offence. Under the Interactive Gambling Act, it is an offence to publish or broadcast an advertisement for an interactive gambling service if that service is not authorised under Australian law. The same prohibition covers third parties who publish those advertisements, not just the operator itself. Penalties for unlicensed operators are substantial, and the topic of penalties for illegal gambling operators in Australia covers the specific dollar figures and criminal exposure that apply.
ACMA investigates complaints about unlicensed services and can direct internet service providers to block access to those sites under the Interactive Gambling Act's blocking regime.
Specific protections for children
The daytime advertising restrictions in the broadcast codes exist primarily to protect children from exposure to gambling content. Beyond the timeslot rules, the codes prohibit gambling advertisements from being designed to appeal to minors. Specifically, advertisements cannot feature cartoon characters, children, or imagery that targets a young audience.
Wagering operators who direct advertising toward people under 18 through any channel breach their licence conditions in every Australian jurisdiction. Licence conditions typically require operators to implement age verification before accepting deposits and to exclude marketing from lists that include known minors.
Enforcement and penalties
ACMA is the primary federal enforcer for broadcast gambling advertising. It can accept complaints, conduct investigations, issue formal warnings, and apply to the Federal Court for civil penalty orders. The civil penalty for a corporation breaching a registered code is up to 10,000 penalty units per day of contravention. At the current penalty unit rate of $313 (as indexed), a sustained breach can reach $3.13 million per day.
State gaming regulators enforce licence condition breaches. A licensee that runs prohibited promotions or targets vulnerable customers risks suspension or cancellation of its licence. Criminal prosecution is available in serious cases, particularly where the conduct involves deliberate deception of regulators.
Broadcasters that air non-compliant advertisements face the same civil penalty regime as operators. That shared liability means networks typically maintain their own compliance teams to vet gambling content before it goes to air.
What operators and advertisers should do
Operators holding an Australian wagering licence need a documented compliance process for every piece of gambling advertising content. That process should check: whether the timeslot restrictions apply, whether any inducement is offered, whether the target audience could include minors, and whether the platform is covered by the broadcast codes or only by licence conditions.
Affiliate marketers who earn commissions from referring customers to wagering operators are also subject to the Interactive Gambling Act's advertising prohibitions. An affiliate who publishes content promoting an unlicensed service commits an offence regardless of whether the affiliate holds any licence.
If you are facing a regulatory investigation or a potential criminal charge arising from gambling advertising conduct, the specific facts of the case matter. Ann Valos Criminal Law provides specialist advice on gambling-related offences and licensing matters.