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AUSTRAC CEO Focuses on Gambling Industry Compliance

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AUSTRAC, the anti-money laundering watchdog in Australia, will continue to give a prime focus on the gambling industry and won’t be cautious in taking action against companies that fail comply with their obligations, CEO Brendan Thomas said.

During a Keynote Address on the final day of the Regulating the Game conference in Sydney on Thursday, Thomas said it still has a lot of “activities” around the gambling industry in the works, even as it looks to conclude long-running actions against casino operator Star Entertainment Group and online operator Entain for various compliance failures.

More importantly, he promised that although AUSTRAC will work with industry to achieve appropriate outcomes, its patience has limits.

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“I’ve been the CEO of AUSTRAC for just over a year and I’m so proud of the work that we’ve done in that time to reduce the harms to our community. But while I’ve been working with the industry and our reporting entities to reduce that harm, AUSTRAC is not in the business of continuing to educate without action. It is important that businesses understand their legal obligations because I’m prepared to take strong and swift action where it is warranted,” he said.

“If you expect AUSTRAC to educate, educate, educate and then take action years later, you’re mistaken. If you think your business is too small to take responsibility for regulatory compliance, you’re also mistaken. Your services in the gambling industry have been subject to a regulatory regime for many years now and it is your responsibility to comply,” he added.

Noting that licensed operators in Australia face an ever-evolving risk landscape due to “the digitization of currency, financial systems that are more dispersed and complex, the need for more sophisticated customer verification processes, and greater competition in the rapidly expanding online gaming sector,” Thomas called on operators large and small to run thorough risk assessments in order to properly identify where the true risks of infiltration sit for each.

This, he explained, is in line with the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 that was passed in federal parliament last year.

The bill, which updated the previous act from 2006, adds a raft of new industries to AUSTRAC’s purview – namely real estate professionals, lawyers, accountants, trust and company service providers, and dealers in precious stones and metals – but also amends laws around how entities should comply with their obligations.

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“We’re trying to shift the way that we do regulation in our regulated industries away from pure compliance to a proper discussion about risk so that we can talk to you about what that risk actually is and then we can focus practically on what are the controls that are directly aimed at those risks rather than just ticking a bunch of compliance boxes. We aim to take the bureaucracy out of what we do and how we do it,” he said.

Despite promising to be tougher on those who fail to properly comply, Thomas said the agency also wants to improve its lines of communications with the industries it regulates.

“AUSTRAC is making some significant changes ourselves – establishing functions that are purely about establishing proper partnerships with our regulated industries,” he said.

“In the past we haven’t done that and we are committed to working in partnership with those industries that want to comply with the law. We will also be much more transparent and forward on what our legal position is on a whole range of different moves and we will be more up front about where we are seeing risks that affect our regulated industries.

“[But] there is no question on where [illegal] funds come from and how those funds are impacting Australians. There is the crime that leads to profits in the first place and then the reinvestment of those profits into more crime. At the worst end of the scale, we are talking about illicit drugs running, scams, child sexual exploitation and significant amount of human trafficking, so if you are in the gambling industry you have a pretty big obligation to help us combat these problems,” he added.

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The post AUSTRAC CEO Focuses on Gambling Industry Compliance appeared first on European Gaming Industry News.

Australia

Crown Perth Announces Two Leadership Appointments

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The Crown Perth Board (Burswood Limited) has announced two significant leadership appointments, subject to regulatory approval.

Ben Wyatt was appointed Director and Chair-Elect to the Board of Crown Perth, bringing a wealth of experience to the position and having previously held range of Ministerial portfolios during his 15 years in the West Australian State Parliament, including as Treasurer.

Current Chair John Van Der Wielen will remain on the board over the coming months to ensure a smooth transition.

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In addition to this, the Board has appointed Brian Pereira as Crown Perth CEO, pending regulatory approvals.

Mr Pereira joined Crown in 2023 as Chief Financial Officer having previously held the role of CFO at Perth Airport. He brings more than 30 years of financial and corporate strategic leadership experience in the tourism, entertainment, aviation and banking sectors, in both Australia and UK.

Mr John Borghetti, Chair of Crown Resorts, said: “Both of these appointees are highly regarded and are ideally positioned to lead Crown Perth. I would also like to thank John Van Der Wielen for his leadership and dedication to Crown over the last three years and deeply appreciate his decision to remain with Crown to ensure a smooth transition.”

Crown Resorts CEO David Tsai said: “I am confident that these two appointments, with their deep local knowledge of the WA tourism sector and economy, are the right people to lead the Perth team into the next exciting era of growth for the State’s only fully integrated entertainment resort.”

Crown Perth Board Chair John Van Der Wielen said: “My appointment as Crown Perth Chair in 2022 has been a great challenge, assisting the team in undertaking one of the most complex transformations in Australia. Appointing a new CEO and Chair-Elect brings to fruition much of the significant work undertaken in the last three years and I am very confident the business will prosper with so many new and exciting opportunities.”

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Chair-Elect Ben Wyatt said: “As Western Australia’s largest single site employer, Crown is a key part of the Western Australian economy, and I am excited to be joining a business that delivers some of Perth’s most exciting developments, entertainment offerings and tourism opportunities.”

Crown Perth CEO Brian Pereira said: “I couldn’t be prouder to have been appointed to lead the great team of more than 5000 people here at Perth’s ultimate entertainment destination. It is an enormous privilege to be appointed to this role, and I look forward being a part of a growing business that continues to create memorable guest experiences, supports the local economy and gives back to our community.”

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ACMA Imposes $1 Million Fine on Unibet

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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.

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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.

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“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 post ACMA Imposes $1 Million Fine on Unibet appeared first on European Gaming Industry News.

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ACMA Imposes Fine of $500,800 on PointsBet

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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.

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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.

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“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.

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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.

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