Victorian venues are putting young people at risk when they turn a blind eye to, or otherwise fail to prevent, minors entering poker machine areas, according to Victorian Gambling and Casino Control Commission (VGCCC) CEO Suzy Neilan.

Australian Leisure and Hospitality Group (ALH) was fined $38,000 without conviction in the Magistrates’ Court of Victoria for offences involving 3 minors at 3 venues on 4 dates in 2024.

ALH pleaded guilty to 6 charges, having self-reported the breaches to the VGCCC, which Ms Neilan said was important to recognise as a positive step towards improving industry practices.

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“Being accountable for wrongdoing demonstrates integrity, which has been a focus of the VGCCC’s ongoing work with gambling operators,” she said.

“But it’s not enough to own up after the fact. Venues must be proactive about ensuring that minors do not access poker machine areas by ensuring they have in place appropriate systems, processes and staff.

“Operators should undertake a risk assessment and put in place controls to prevent minors from entering gambling areas. Some examples of controls could include displaying clear signage that the poker machine room is for adults only and checking the identification of anyone who appears under 25 years of age.”

Ms Neilan said it was not acceptable that any Victorian clubs and hotels – in this case, the Cramers and Excelsior hotels – were repeat offenders.

A 17-year-old was able to enter the poker machine area of Cramers Hotel in Preston multiple times without having to show ID, despite several interactions with staff and visits to the poker machine area on 24 January 2024. Staff intervened on 25 January 2024 only after the underage teen placed his belongings next to a poker machine.

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Separately, a child in the company of 2 adults entered the poker machine area of the Excelsior Hotel in Thomastown on 24 April 2024. The child, who was seated with one of the adults, pressed buttons on the poker machine before they were both escorted from the area.

And on 27 September 2024, a 14-year-old boy entered the poker machine room of the Mountain View Hotel in Glen Waverley and gambled on a poker machine before staff intervened.

Ms Neilan said the VGCCC would continue to be vigilant about prosecuting venues for allowing minors to access the gambling areas of their premises, but that “prevention is better than cure”.

“I encourage all hotels and clubs to review their operations, including staff training, and consider making any adjustments required to ensure compliance with the law.”

In addition to the fine, the Magistrate ordered ALH to pay VGCCC’s legal costs of $40,000. The Magistrate also noted that but for the guilty plea, he would have fined ALH $90,000 and recorded a criminal conviction.

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Summary of charges:

Incident 1 – Cramers Hotel:

Charge 1: Offences in respect of a minor entering a gaming machine area

Charge 2: Offences in respect of allowing a minor to gamble

Incident 2 – Excelsior Hotel:

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Charge 3: Offences in respect of a minor entering a gaming machine area

Charge 4: Offences in respect of allowing a minor to gamble

Incident 3 – Mountain View Hotel:

Charge 5: Offences in respect of a minor entering a gaming machine area

Charge 6: Offences in respect of allowing a minor to gamble.

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The Australian Communications and Media Authority (ACMA) has requested the Australian internet service providers (ISPs) to block more illegal online gambling sites, after investigations found these services to be operating in breach of the Interactive Gambling Act 2001.

The latest sites blocked include Casiny, CoinPoker, Crown Play, Fafabet9, SlotFred, Smart 93 and Vigor Spin.

Website blocking is one of a range of enforcement options to protect Australians against illegal online gambling. Since the ACMA made its first blocking request in November 2019, 1251 illegal gambling and affiliate websites have been blocked. Around 220 illegal services have also pulled out of the Australian market since the ACMA started enforcing new illegal online gambling rules in 2017.

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Tabcorp Holdings Limited (TAB) has been penalised $4,003,270 for sending more than 5700 marketing messages to customers of its VIP Programme that broke Australia’s spam laws.

An Australian Communications and Media Authority (ACMA) investigation found that TAB sent 2598 SMS and WhatsApp messages to VIP customers between 1 February and 1 May 2024 without providing an option to unsubscribe from the messages.

The ACMA also found that 3148 SMS and WhatsApp messages did not contain adequate sender information across the same period, and 11 SMS messages were sent without consent between 15 February and 29 April 2024.

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Authority Member Samantha Yorke said the breaches were deeply concerning as they involved non-compliance by a large and established gambling provider that targeted VIP Programme customers.

“This is the first time the ACMA has investigated and found spam breaches in a gambling VIP program. These programs often involve personalised messages offering incentives such as bonus bets, deposit matching, rebates and offers of tickets to sporting and other events.

“The gambling industry needs to understand that spam laws apply to all direct marketing—whether it’s generic campaigns or personalised messages,” Ms Yorke said.

“VIPs should not be confused with gambling ‘high-rollers’. These types of gambling VIP programs can involve customers who are not well off and are experiencing significant losses,” Ms Yorke said.

“It is utterly unacceptable that TAB did not have adequate spam compliance systems in place.”

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Under the Spam Act 2003, businesses must have consent before sending marketing messages. Messages sent with consent must also contain a working unsubscribe option and information about the sender.

“When people make choices to unsubscribe from a service they must be able to do so easily and their decisions must be respected by companies,” Ms Yorke said.

TAB has also entered into a 3-year court-enforceable undertaking. This includes an independent review of its direct marketing systems, making improvements, running quarterly audits of its VIP direct marketing, training staff and reporting to the ACMA regularly.

“The ACMA will be watching closely to ensure TAB meets its commitments and complies with the spam laws in future,” Ms Yorke said.

Cracking down on gambling safeguards and spam rules are current compliance priorities for the ACMA. Over the last 18 months businesses have been penalised over $16.9 million for spam breaches.

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