ACT Independent Senator David Pocock is proposing six amendments to significantly strengthen the government’s proposed new gambling laws starting with a full ban on gambling ads as recommended by the landmark, multi-partisan backed, Murphy Report.
Experts have warned that without amendments, the Albanese Government’s new gambling laws could actually lead to an increase in gambling ads during live sport broadcasts. Senator Pocock’s amendments aim to clamp down on this.
“This package from the Albanese Government will not protect Australians, especially children, from the harms of gambling advertising,” Senator Pocock said.
“Faced with a once in a generation opportunity to break the nexus between gambling and sport and stop Australians being the world’s biggest losers on gambling, the Prime Minister has squibbed it. The PM has put vested interests ahead of what’s best for the Australian people and has failed future generations.
“I will be moving amendments to strengthen this bill and ensure it does the job the vast majority of Australians want it to do - completely ban gambling advertising and inducements.”
Senator Pocock’s amendments also pick up another crucial Murphy Report recommendation that seeks to ban inducements - a tool the predatory gambling industry uses to deepen people’s addiction. The amendment would prohibit licensed wagering service providers from offering gambling inducements and advertising or promoting gambling inducements.
Breaking the nexus between sport and gambling was central to the Murphy Inquiry’s recommendation but the Government’s proposal doesn’t go far enough, and its proposal around live sporting broadcasts is weaker than the one proposed by former Opposition Leader Peter Dutton.
Senator Pocock is moving an amendment to remove the arbitrary 8.30 pm cut off, from which the gambling industry can show an unlimited number of gambling ads during live sport. Research shows that children will stay up to watch an entire game, particularly if their favourite team is playing.
The amendment would expand the existing blackout period so that gambling advertising cannot be shown immediately before or after live sporting events. This is intended to reduce the association between sporting events and gambling products and to prevent wagering providers from concentrating advertising immediately outside the current blackout window.
A further amendment would introduce the requirement for an independent review of the operation and effectiveness of the government’s proposed partial ban (contained in Schedule 1 of the bill) within three years after the commencement. This bill must go to a senate committee for an inquiry into the legislation.
Disappointingly, the Albanese Government’s proposal puts the onus on individuals, including children to opt out from gambling advertising. Senator Pocock’s third amendment seeks to strengthen this by introducing minimum requirements for opt-out mechanisms, requiring tech companies to ensure it is easy and straightforward for someone to opt-out.
A further amendment seeks to ensure gambling advertising delivered through smart TVs is subject to the same restrictions as gambling advertising delivered through other online content services, closing a potential loophole.
Summary of amendments
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Comprehensively ban gambling ads on all platforms, commencing three years after the start of this Bill, in line with recommendations of the Murphy Review
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Ban all gambling inducements, which the Murphy Review said should be banned “without delay” as they had “no place in Australia”
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Require that any opt-out mechanism must be easy to find, straightforward and that it must not be designed in a way to discourage people from opting-out.
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Ensure Smart TVs are captured by the Government’s reforms, to prevent ads from shifting from TV programs to TV home screens
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Implement from 1 January 2027 the Coalition’s policy of a comprehensive ban on gambling ads during live sport, including an hour before and an hour after - regardless of the time live sport plays
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Require an independent review of the effectiveness of these reforms three years after they commence and delivered within 12 months.