The short answer: it is not illegal for you as a player to play online pokies, but it is illegal for a casino to offer them to Australians without a local licence, and no Australian casino licence exists. That gap is why every real-money pokies site accepting Australian players is based offshore. This page explains the law, who it targets and what actually happens in practice. It is general information, not legal advice, and is for readers aged 18 and over.
The Interactive Gambling Act 2001
The Interactive Gambling Act 2001 (the IGA) is the federal law that governs online gambling in Australia. The 2017 amendment tightened it further and closed loopholes such as in-play betting via unlicensed providers.
What the IGA prohibits
The IGA makes it an offence to provide an interactive gambling service, such as online casino games and pokies, to someone in Australia without being licensed, and to advertise those services. The prohibition lands on the operator and the advertiser, not the customer.
What the IGA does not do
The Act does not make it an offence for an individual to play. There is no provision that penalises a resident for placing a bet at an offshore casino, and successive governments have kept the focus on supply, not demand. So while the operators are technically breaching Australian law by accepting you, you are not breaking it by playing.
What ACMA does about it
The Australian Communications and Media Authority (ACMA) enforces the IGA. Since it began requesting website blocks in November 2019, ACMA has had hundreds of illegal gambling and affiliate sites blocked at the internet-provider level.
The enforcement tools
ACMA can issue formal warnings and infringement notices, ask Australian internet providers to block a site's domain, refer operators to their overseas regulator, and place unlicensed operators on a public register. This is why a casino you used last year may suddenly load a blank page or a provider warning: the domain has been blocked, and the operator often reappears on a new address.
Have players been prosecuted?
No. We are not aware of a single case of an Australian being prosecuted for playing at an offshore online casino. Enforcement has always aimed at operators and their advertising, which matches how the IGA is written. For more depth, see who regulates online pokies and why it is legal for players.
What an offshore licence means
The casinos we review hold licences from jurisdictions such as Curacao, Anjouan or Malta. These are real regulators in their own countries, but none is recognised by Australia, and they do not give you Australian consumer protections. If a dispute goes badly, your recourse runs through that offshore regulator, not an Australian body. That is exactly why vetting the operator matters, which we cover in how to spot a safe pokies site.
Land-based pokies are a different system
Poker machines in pubs and clubs are legal and regulated by each state and territory, not by the IGA. New South Wales, Queensland, Victoria, South Australia, WA and the others each set their own venue rules, machine caps and harm-minimisation measures. Online pokies fall under the federal IGA instead, which is why the two worlds look so different.
Are pokies winnings taxed?
For recreational players, no. The Australian Taxation Office treats gambling winnings as the result of luck rather than assessable income, so a casual player does not declare pokies wins or claim losses. The picture can change for someone running gambling as a business. We go deeper in our guide on pokies winnings and tax in Australia.
Frequently asked questions
No. The Interactive Gambling Act 2001 targets operators who offer the games without a licence, not the players. We are not aware of any Australian being prosecuted for playing at an offshore casino.
Because Australia does not license online casinos, and the IGA bans licensed local ones from offering them. Every real-money pokies site that accepts Australians is therefore based offshore under a foreign licence.
Yes. ACMA can ask Australian internet providers to block an unlicensed operator's domain, which is why some sites stop loading. The operator usually returns on a new address rather than shutting down.
Recreational players do not. The ATO does not treat casual gambling wins as assessable income. See our tax guide for the detail and the exceptions.