The Australian Communications and Media Authority (ACMA) has imposed a fine of $1,014,120 on Betchoice Corporation Pty Ltd, trading as Unibet, for failing to close the accounts of 954 of its customers who had registered with BetStop – the National Self-Exclusion Register (NSER).

An ACMA investigation found more than 100,000 contraventions by Unibet of the Interactive Gambling Act 2001 (IGA rules) for not closing the accounts of 954 customers as soon as practicable after they had registered on the NSER.

The investigation found that 45 of these customer accounts remained open for 190 days or more, including many who had registered to self-exclude from online and telephone betting on the first day of the NSER. While none of these self-excluded customers were able to place bets during their self-exclusion period, the accounts should have been closed.

Advertisement

The company also provided wagering services to 45 customers after they ceased to be registered with the NSER, using old accounts that should have been closed. The ACMA found evidence that these customers were able to place thousands of bets through these accounts after their NSER registration ended, including one customer who placed more than 1200 bets on their old account.

Under the IGA rules, once an individual registers with the NSER, wagering service providers must close that person’s account as soon as practicable, with additional contraventions for each day the account remains open. If the person’s self-exclusion ends and they choose to place bets again, they must be required to open a new account rather than being allowed to log into their old account.

ACMA member and gambling lead Carolyn Lidgerwood said this was a significant lapse in Unibet’s NSER compliance processes.

“Our investigation found very serious breaches by Unibet over a sustained period of time,” Ms Lidgerwood said.

“Taking in some cases 190 days to close accounts is clearly unacceptable and does not reflect the decisions made by Unibet customers to seek support to help them not gamble.

Advertisement

“The NSER rules are also there to ensure that people are making a clear and deliberate choice to recommence gambling. That is not the case if they can simply access old accounts.

“We recognise that no bets were made from these Unibet accounts or marketing sent while customers were self-excluded. However, this outcome puts the industry on notice that they must comply with the rules or face potential financial penalties and other actions available to the ACMA under the IGA,” she said.

In addition to the first financial penalty imposed by the ACMA for breaches of NSER rules, the ACMA has accepted a 2-year court-enforceable undertaking from Unibet. The undertaking commits Unibet to a comprehensive independent review of its compliance systems and processes and the implementation of recommended improvements.

Unibet has also voluntarily undertaken to issue refunds to affected customers who were able to access accounts that should have been closed. The ACMA considers these important commitments from Unibet, directed at ensuring future compliance.

The Australian Communications and Media Authority (ACMA) has imposed a fine of $500,800 on PointsBet Australia Pty Ltd for breaching the e-marketing and gambling self-exclusion laws.

Investigations by the Australian Communications and Media Authority (ACMA) found that the company sent more than 800 messages that breached Australia’s spam laws.

PointsBet also contravened laws relating to BetStop – the National Self-Exclusion Register (NSER), by delaying closing accounts of customers who had registered and sending marketing messages to self-excluded persons.

Advertisement

Between September and November 2023, PointsBet sent 705 emails containing a direct link to its betting products without including an unsubscribe function.

The emails were mischaracterised by PointsBet as “non-commercial” despite promoting their services, making them subject to the spam rules.

PointsBet also sent seven marketing emails without recipient consent and 90 commercial texts that did not have sender contact information.

The NSER investigation found PointsBet sent 508 marketing messages to self-excluded individuals in August and September 2023. Under the NSER laws, people registered with the NSER must not be sent marketing materials from a licensed wagering service.

ACMA Chair Nerida O’Loughlin said there are no excuses for gambling companies that fail to understand their legal obligations given the risks to people experiencing gambling harms.

Advertisement

“It is deeply concerning that these failures have impacted PointsBet’s customers, some of whom had taken proactive steps to exclude themselves from online wagering,“ Ms O’Loughlin said.

“People signing up to the NSER are taking positive steps to remove online gambling from their lives. Their decision must not be compromised by companies like PointsBet.

“Wagering providers must also appropriately identify where messages promote or advertise their services and ensure that those messages comply with the rules, including the obligation to promote the NSER.”

The ACMA found that no excluded customers were able to place bets with PointsBet during the period investigated. The ACMA has accepted comprehensive court-enforceable undertakings from PointsBet committing it to reviews into its compliance with spam and NSER laws, actioning any recommended improvements and providing regular training for all relevant staff.

“This action should serve as a warning to all wagering providers that they must meet their legal obligations or face the consequences. We will closely monitor PointsBet’s compliance with its undertakings and with the spam and NSER laws,” Ms O’Loughlin said.

Advertisement

The imposition of a financial penalty was not available to the ACMA for the NSER breaches due to the complex and novel matters investigated. However, a failure to comply with an enforceable undertaking can lead to court-ordered financial penalties.

Compliance with interactive gambling safeguards and misleading spam messages are both current compliance priorities for the ACMA. This is the first enforceable action announced under the NSER rules, and businesses have paid more than $14 million in spam penalties over the last 18 months.

Responsible Wagering Australia (RWA) has expressed serious concern over the Northern Territory Government’s decision to double the annual bookmaker and betting exchange tax cap on licensed online Wagering Service Providers (WSPs), warning that the move is economically reckless and risks undermining the Territory’s reputation as a stable and competitive licensing jurisdiction.

The doubling of the cap, announced in the Northern Territory Budget, comes without any industry consultation and, perplexingly, before the final report of the Northern Territory Government’s own Racing Industry Review – a review explicitly commissioned to inform long-term sustainability settings for the wagering and racing sectors.

Responsible Wagering Australia CEO Kai Cantwell said the decision had blindsided the industry and would put investment from WSPs – who are some of the NT’s biggest employers – at risk.

Advertisement

“RWA have participated meaningfully in the review and eagerly anticipated a new strategic vision for racing in the Territory. This decision, made before the Review has had a chance to lay that strategic vision, has blindsided WSPs and materially undermines any outcome of the Review,” Mr Cantwell said.

“RWA members have proudly supported the Territory for years, investing in people, infrastructure, and long-term economic growth.

“We will continue to advocate for a licensing environment in the Northern Territory that upholds the highest standards of consumer protection while also incentivising business to invest in the local economy.

“RWA members are all licensed in the Northern Territory, directly employing around 600 Territorians in high-skilled roles across technology, customer service, and compliance – a figure that rises to over 1,000 when including all wagering service providers licensed in the Territory.”

In FY23 alone, the Australian licensed online wagering industry contributed more than $150 million to the Northern Territory economy, including:

Advertisement

• $47.7 million in taxes and levies

• $2.5 million in product fees to the NT racing industry – directly supporting prize money, operations and promotional activities

• $46 million in wages paid to local staff

“The NT Government was elected on a platform of driving economic growth, delivering a competitive tax and investment environment and attracting private investment, with Chief Minister Lia Finocchiaro stating the Territory is ‘open for business’ and passing legislation to ‘strengthen our ability to deliver economic growth and attract investment’ – yet this policy decision directly contradicts that commitment and risks undermining investor confidence in the Territory,” Mr Cantwell said.

RWA questioned the timing of the announcement, noting that it comes before the outcomes of the Government’s ongoing Racing Industry Review have been released.

Advertisement

“This tax hike preempts the outcome of the Review, a process that was meant to guide long-term, evidence-based and sensible reform,” Mr Cantwell said.

“It sends a message that consultation, process and industry sustainability have taken a back seat to short-term revenue grabs.

“A financially sustainable and well-regulated racing and wagering industry is critical to ensuring its long-term viability and the significant economic and employment benefits it delivers to Territorians.

“Rather than imposing blunt tax increases, the Government should be working with industry to identify growth opportunities that will ensure the Territory’s continued leadership as a licensing jurisdiction.

“We are calling on the Treasurer and Chief Minister to reconsider this decision and to engage in genuine consultation with the industry before moving forward.”

Advertisement