title: Australia — Marketing: Can we advertise? | advennt.io canonical: https://advennt.io/jurisdictions/australia/marketing/ [Jurisdictions](https://advennt.io/jurisdictions/) [Australia](https://advennt.io/jurisdictions/australia/) Marketing Australia · Question 07 of 11 # Marketing: Can we advertise? Unfavourable · Confirmed · Expert approved · In expert review scope · [Back to full Australia report →](https://advennt.io/jurisdictions/australia/) Key section parameters | Jurisdiction | Australia (AU) | |---|---| | Regulator | Recorded in register | | Favourability | Unfavourable | | Confidence | Confirmed | | Review status | Expert approved · In expert review scope | | Last collected | 18 Oct 2026 | Summary answer Australia Online Gambling Marketing - Australia has Commonwealth, State and Territory legislation which applies to the advertising of gambling products offline and online. The Commonwealth legislation applicable to all advertising is the Competition and Consumer Act 2010 (Cth) (CCA), with the Intera… ## Full section analysis Australia Online Gambling Marketing - Australia has Commonwealth, State and Territory legislation which applies to the advertising of gambling products offline and online. The Commonwealth legislation applicable to all advertising is the Competition and Consumer Act 2010 (Cth) (CCA), with the Interactive Gambling Act 2001 (Cth) (IGA) applicable to specific gambling advertising which is broadcast on television, radio and over the internet (generally during live sport). The CCA is enforced by the Australian Competition and Consumer Commission (ACCC), which is Australia’s competition regulator. Included in this is the Australian consumer law, which sets out consumer rights that are called consumer guarantees. Consumers have certain rights under the CCA, including a right to compensation for damages and loss. From a gambling perspective, the ACCC monitors compliance by gambling service providers with their obligations under the CCA, including gambling advertising (to ensure the consumer is not being treated unconscionably or unfairly, in breach of the CCA). It also takes appropriate enforcement action where it deems necessary. The IGA is enforced by the Australian Communications and Media Authority (ACMA). The ACMA is the body responsible for media and communications regulation throughout Australia, including monitoring and enforcing the regulation of gambling online and over the telephone (referred to as the interactive gambling laws). Australia’s Federal interactive gambling laws prohibit certain activities, such as: Online casinos, slot machines and poker; Online wagering services that accept ‘in-play’ betting on live sports events; Online wagering services provided without a licence issued by an Australian State or Territory; Online instant lotteries; and Providing or facilitating the provision of credit by certain interactive wagering service providers to their customers. The advertising of all of these forms of services is expressly prohibited. The ACMA has the power to, amongst other things, instigate civil proceedings in Australia, notify border protection agencies of the names of directors/principals of offending illegal offshore operators (who may then be placed on a ‘movement alert list’ thereby disrupting any travel to Australia) and liaise with foreign regulators to stop alleged offenders. In addition to the CCA and IGA, there are a range of State and Territory laws which apply to gambling advertising, as more fully set out in the sub-sections which follow. An overview of the relevant regulators is set out in the enforcement section. Advertising of online gambling services is prevalent in Australia via all mediums, including television, print, stadia and racecourses and via social and other digital mediums. Some forms of advertising are specifically prohibited, particularly the offering of inducements to open betting accounts and, in some states, the offering of particular types of inducements to gamble. Operators must employ geo-targeting technologies to ensure that these types of advertisement are not served to customers in the prohibited jurisdictions (e.g. New South Wales). We note that there are also prohibitions in some jurisdictions about the physical location of billboard style advertising on public infrastructure and so campaign planning needs to be approached with caution and awareness of the requirements of the fragmented regulatory framework. Direct marketing to existing customers is generally permissible provided that the operator maintains the consent to send such communications. Recent developments in the law have meant that it is necessary to hold “express” consent to market although there is some variability in the marketplace as to how such consent is obtained. In addition to Commonwealth, State and Territory laws, there are also various codes that apply to gambling advertising. All forms of advertising are covered by the Australian Association of National Advertisers Code of Ethics (AANA) and the AANA Wagering Advertising & Marketing Communication Code. There are also broadcast industry codes, which include Free TV and the Australian Subscription Television and Commercial Radio Australia codes. A copy of each of the codes is accessible through the following link: https://adstandards.com.au/codes-and-cases/codes/ By comparison to betting, lotteries advertising (offline and online) is significantly less regulated. Advertising of land-based electronic gaming machines is prohibited and casino advertising is also relatively restricted. Betting: Advertising of betting products is prevalent in Australia. It has been widely reported that more than a million gambling advertisements aired on free-to-air television and radio between May 2022 and April 2023. Licensed operators are broadly able to advertise their products although it is important that they observe and comply with advertising restrictions and prohibitions addressing issues such as gambling inducements (including to open a betting account), restrictions on broadcasts around sporting events and other sensitive times, ensuring that marketing consents are current and general content obligations regarding the appropriateness of the content. Following the IGA reforms, it will become more difficult to advertise online wagering businesses given caps on numbers of ads, requirements to employ so-called “triple lock functionality” to restrict online advertising to persons who are over 18, who have not opted out of receiving gambling advertising and who are logged in. There will also be new restrictions on the use of “notable persons” to promote wagering services. A recent feature of the betting regulatory environment has been the implementation of so-called “consistent gambling messaging” requirements. The regime includes specific messaging requirements for different channels of advertising and communication to customers. In most circumstances, online wagering providers must include both a prescribed “tagline” and "call to action”, while rotating the taglines evenly throughout a 12-month period. In addition to the current marketing regimes in each state and territory, the Australian Federal government released a report following an inquiry into online gambling and its impacts on those experiencing gambling harm. As part of the report, the government handed down 31 recommendations for addressing risks associated with online gambling. Included in these recommendations was a phased ban on advertising for online gambling and a ban on all online gambling inducements and inducement advertising. The Interactive Gambling Amendment (Gambling Reform) Act 2026 (Cth) represents a significant legislative response to the advertising-related themes identified in the Report, although it does not, as of yet, implement the recommended four-phase prohibition in full. Instead, the Act introduces more targeted statutory regime governing wagering advertising. With the substantive reforms commencing on 1 January 2027. As noted above, the reforms include a prohibition on wagering advertising during live coverage of sporting events across broadcast and online content services, with restrictions applying from 15 minutes before until 5 minutes after a live sporting event between 5:00 am and 8:30 pm, together with separate overnight restrictions. Television wagering advertising is limited to no more than three advertisements in any 60-minute period between 5:00 am and 8:30 pm. Wagering advertising on radio is prohibited on school days between 8:00 am and 9:00 am and between 3:00 pm and 4:00 pm. For online services, wagering advertising may only be provided where reasonable steps are taken to prevent restricted users from accessing or receiving the content, to ensure users access the content through a registered account, and to provide users with an effective opportunity to opt out. The Act also prohibits wagering advertising at sporting venues and on players’ and officials’ uniforms, restricts the use of athletes, celebrities, social media influencers and other notable persons in wagering promotion, and prohibits the promotion of sporting odds in broadcast and datacast wagering advertising, subject to specified exceptions. Further restrictions apply to wagering advertising during children’s programming and programming likely to be viewed by children. Lottery: The following key State and Territory Acts apply to lotteries regulation, including offline and online marketing: Gambling Regulation Act 2003 (Vic); Public Lotteries Act 1996 (NSW); Lotteries Act 1997 (Qld); Lotteries Act 1964 (ACT); Lottery and Gaming Act 1936 (SA); State Lotteries Act 1966 (SA); Gaming Control Act 1993 (Tas); Gaming and Wagering Commission Act 1987 (WA); and Gaming Control Act 1993 (NT). Restrictions are in place to protect largely State and Territory based monopolistic licences, under which lottery products are promoted and sold into the various jurisdictions. With the exception of Western Australia, lotteries licences (or in the case of South Australia, a management agreement) are held by various Tabcorp entities, with each of the licensees a party to what is known as the “Bloc Agreement”, under which prize monies are pooled for liquidity and other reasons. The majority of lottery tickets are now sold online, as opposed to retail sales through newsagencies (which is the most common form of land-based sales). There are prohibitions under the various legislation which relate to the “conduct” of an unlawful lottery or gambling in the relevant jurisdiction, which generally includes promotion. Most of the legislation is quite outdated and seems to suggest that any lottery licensed outside of the relevant jurisdiction is unlawful if “conducted” inside the jurisdiction. This position has never been tested in the Australian courts and could potentially be subject to future legal challenge. Any overseas lottery promoted in Australia is unlawful (other than by a local licence holder), as a local licence is required. The potential penalty applicable under State and Territory law for a contravention of the provisions is often a monetary penalty or a period of imprisonment or both. Lottery advertising via various mediums is common in the jurisdiction but generally to a much lower scale that wagering advertising.