Are Offshore Casinos Legal in Australia? The IGA Explained

What the Interactive Gambling Act 2001 actually says

The Interactive Gambling Act 2001 (Cth) — commonly called the IGA — is the primary federal law governing online gambling in Australia. It was enacted to address the growth of internet gambling and has been amended several times, most significantly by the Interactive Gambling Amendment Act 2017, which strengthened enforcement powers and extended the definition of prohibited interactive gambling services.

The core prohibition is in section 15 of the IGA: a person must not provide a prohibited interactive gambling service to customers in Australia. A 'prohibited interactive gambling service' covers online casino-style games — including slots, table games and live dealer games — offered over the internet to Australian residents. Sports betting and some lottery products are treated differently and can be offered under state and territory licences.

The 2017 amendments also introduced a formal blocking regime, giving the Australian Communications and Media Authority (ACMA) the power to direct internet service providers to block access to non-compliant offshore gambling websites. ACMA maintains a public list of services it has directed ISPs to block.

The maximum civil penalty for an operator providing a prohibited service to Australians is substantial and increases with each day of contravention. Criminal penalties also apply. These penalties fall on the operator, not the player.

Who the IGA targets: operators, not players

A question Australians commonly ask is whether playing at an offshore casino is itself illegal. The IGA does not contain a provision that makes it a criminal offence for an individual player to use a prohibited interactive gambling service. The offence provisions in sections 15 and 15A are directed at the person or entity providing the service.

This distinction matters in practice. An Australian resident who deposits at an offshore casino is not committing a criminal offence under the IGA by doing so. ACMA's own published guidance confirms that the Act's prohibitions apply to operators, not to individual players.

However, the absence of a player-facing criminal offence is not the same as the activity being endorsed, regulated or protected by Australian law. The legal risk for players is not prosecution — it is the complete absence of any Australian consumer protection framework if something goes wrong. That practical risk is covered in the sections below.

This page does not constitute legal advice. If you have a specific legal question about your own circumstances, consult a qualified Australian lawyer.

Is it illegal to use a blocked casino in Australia?

When ACMA directs ISPs to block a gambling website, the block is a technical measure applied at the network level. Accessing a blocked site is not itself made a criminal offence for a player under the IGA. The blocking power exists to make prohibited services harder to reach, not to create a new player offence.

That said, using a blocked site carries serious practical consequences that are distinct from criminal liability. A blocked site has been formally identified by ACMA as providing a prohibited service to Australians. That means:

— The operator has no Australian authorisation and is not subject to Australian consumer law in any meaningful enforcement sense.

— Any dispute over unpaid winnings, account closure or data misuse has no Australian resolution pathway.

— The operator's own terms and conditions may include clauses that void accounts or winnings if a player is identified as being in a jurisdiction where the service is prohibited.

The question of whether a VPN or other technical means of reaching a blocked site creates additional legal exposure is addressed in a separate article on this site. This page does not provide instructions on bypassing blocks.

Federal versus state and territory regulation: who covers what

Australian gambling regulation operates on two levels, and understanding which level applies to offshore casinos is important.

At the federal level, the IGA is administered by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, with ACMA as the enforcement body for the blocking and complaints regime. ACMA investigates complaints about illegal offshore gambling services, can direct ISPs to block sites, and can refer matters for civil or criminal penalty proceedings.

At the state and territory level, each jurisdiction has its own gambling regulator — for example, the Victorian Gambling and Casino Control Commission, the NSW Independent Casino Commission, and equivalent bodies in other states and territories. These regulators license and oversee land-based casinos, wagering operators and some online products that are lawfully permitted under the IGA (such as licensed sports betting). They do not license or regulate offshore online casinos.

The practical consequence is that no Australian regulator — federal or state — has jurisdiction over an offshore casino operating from, say, Curaçao or Malta. A Curaçao gaming licence, for example, is issued by the Curaçao Gaming Control Board and carries obligations under Curaçao law. It does not give an operator permission to serve Australian customers, and it does not give Australian players any rights enforceable in Australia.

What an offshore licence does and does not give you

Many offshore casinos display a licence from a foreign regulator — Curaçao, Malta, Gibraltar, Isle of Man and others are common. It is worth understanding what that licence actually means for an Australian player.

A foreign licence means the operator has met the requirements of that foreign regulator to operate in that jurisdiction. It may impose requirements around game fairness, segregation of player funds and a complaints process — but those obligations are owed to the foreign regulator, not to you as an Australian player.

If you have a dispute with an offshore casino, your options are limited to: the operator's own internal complaints process; the foreign regulator's complaints mechanism (if one exists and if it accepts complaints from non-residents); and, in some cases, a chargeback through your bank or payment provider. None of these is equivalent to the consumer protection available through Australian-licensed services.

ACMA's guidance is clear that a foreign licence does not make it legal for an operator to offer casino services to Australians, and it does not give Australian players any enforceable rights under Australian law. The site's separate article on checking offshore casino legitimacy covers how to read a foreign licence register.

Lawful online gambling options for Australians

Not all online gambling is prohibited in Australia. The IGA permits certain products when offered by operators licensed under state or territory law. Licensed online wagering — sports betting and racing — is the most common lawful online gambling product available to Australians. Operators such as those holding a Northern Territory licence and approved by the relevant state or territory can legally accept bets from Australian residents on sporting events and races.

Land-based casinos in each state and territory are licensed and regulated locally. Some offer online extensions of their services within the bounds of their licences.

If you want to gamble online and want the protection of Australian law, the relevant starting point is your state or territory gambling regulator's website, which lists licensed operators. ACMA's website also explains what is and is not permitted under the IGA.

For support with gambling harm, Gambling Help Online (gamblinghelponline.org.au) provides free, confidential support 24 hours a day. The national self-exclusion register, BetStop, allows you to self-exclude from all licensed Australian wagering services at once.

Summary: the legal position in plain language

The table below summarises the key legal positions under the IGA. It is a plain-language guide only and is not legal advice.