Mainly the operator. In the Commonwealth Act the offence is worded around providing the service, not around playing. State Acts can reach a player: Queensland's Interactive Gambling (Player Protection) Act 1998, section 16(2), says a person in Queensland must not take part in an interactive game knowing it is not authorised or exempt, and other States make playing an unlawful game an offence for their own kinds of game. The sections are quoted below.
What the Act says
Commonwealth: section 15 puts the offence on the provider
(1) A person commits an offence if: (a) the person intentionally provides a prohibited interactive gambling service; and (b) the service has an Australian-customer link (see section 8).
Section 15 of the Interactive Gambling Act 2001, compilation in force on 14 October 2024, on legislation.gov.au, pulled 7 September 2026.
Northern Territory: playing at an unlawful game
(1) A person shall not play at or participate in an unlawful game.
Section 57 of the Gaming Control Act 1993 (NT), in-force text on legislation.nt.gov.au, pulled 12 September 2026.
ACT: participating in unlawful gambling
(1) A person commits an offence if - (a) the person participates in an unlawful game; and (b) the person knows the game is an unlawful game.
Section 29 of the Unlawful Gambling Act 2009 (ACT), in-force text on legislation.act.gov.au, pulled 12 September 2026.
Queensland: section 16(2), the player who knowingly joins
(2)A person in Queensland must not participate in, or encourage or facilitate participation by another in, an interactive game knowing that the game is not an authorised game or an exempt game. Maximum penalty for subsection (2) - 40 penalty units. Division
Section 16 of the Interactive Gambling (Player Protection) Act 1998 (Qld), in-force text on legislation.qld.gov.au, pulled 12 September 2026.
What this does not settle
Quoting these Acts side by side is not legal advice and settles no case. Which Act applies to a given game in a given State is exactly the question a lawyer is for.
Licence status in Australia
None of the sites on this page about who the offence binds names an Australian licence; each is an offshore operator as far as Australian law is concerned. The Interactive Gambling Act 2001 and the ACMA's powers under it are quoted on our law page. Amounts are quoted as each operator prints them; nothing is converted to A$.
Play safely
18+ only. Gambling Help Online 1800 858 858 - free, confidential, 24 hours a day, Australia. Self-exclusion register: BetStop.