Sports betting without Australian license 2024

Details about betting without Australian license

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In the scramble for a nationwide uniform regulation of gambling, the year 2021 marks a turning point. It has taken well over a decade, but since the fall of 2020 – initially in a transitional phase, and finally since July 1, 2021 on the basis of the State Treaty on Gambling, which has come into force – licenses have finally become available. Licenses availablewhose validity extends across the whole of Australia.

Is this a reason for the industry and betting customers, who until now have lacked legal certainty, to finally breathe a sigh of relief? Only to a limited extent. Because the set of rules that the federal states have agreed on imposes restrictions for players. with it.

A legally regulated gaming or betting limit and a and a significantly shortened offerto name just two of the most serious changes, await all customers of Australian licensees from now on. The measures will hit casino players, who will no longer have access to the popular table games (poker & co.), much harder than sports players. The latter still have a basic framework of live offers.

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All in all, it can be said that sports betting products licensed in Australia are becoming much less attractive. losing in attractiveness. This raises the question of whether they will actually be the only point of contact for Australian customers in the future. single point of contact for Australian customers in the future.

We would like to provide an answer to this question in this article, covering a wide range of topics: From the background of the strict legislation in Australia, the concrete contents of the concrete contents of the GlüStV 2021to the possible alternatives.

With a view to foreign EU licenses from Malta and Curaçao, there are still sports betting offers that come with much more generous or even without limits and without reductions in the betting program. get by. It is important to us that both gambling concessions also score well on key points such as player protection and player safety.

Table of contents

  • Betting providers without a Australian license – our ranking
  • What does "sports betting without a Australian license" mean?
  • Sports betting in Australia: the long road to the State Treaty on Gambling
  • All facts about the State Treaty on Gambling 2021 at a glance
  • The concrete consequences of the GlüStV 2021 for sports bettors
  • Legal alternatives: licenses from Malta and Curaçao
  • To what extent is the Curaçao license the better EU license?
  • Other important questions about sports betting without a Australian license
  • Sports betting without a Australian license – our conclusion

Serious betting providers without a Australian license

The providers listed below are based on the Caribbean island state of Curaçaowhich is politically part of the Dutch Kingdom and thus part of the EU, and offer their services on the basis of the European freedom to provide services sports betting in Australia.

What does "sports betting without a Australian license" mean?

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When we talk about "sports betting without a Australian license", this should not be misunderstood as a recommendation to turn to unlicensed providers. This is because in Australia, as in all other countries of the world where gambling is considered problematic for justified reasons (keyword gambling addiction) private sports betting offers are only legal if they are under state supervision that is, if they have been granted a license by the relevant gambling supervisory authority.

In addition to this purely legal reason against unlicensed offers, there is a whole range of a whole series of advantagesassociated with the control by an external authority. The latter carries out a series of checks and thus ensures, among other things, that the offer is …

  • economically stable is economically stable, i.e. the provider has the necessary financial strength and operates in accordance with the principle of economic efficiency.
  • Fairly structured is, both with regard to the calculation and payout rates of the offers, as well as with regard to payment terms and other business conditions.
  • social aspects around the issues of gambling addiction and responsible gambling are taken into account.
  • secure for example, with regard to surfing the Internet and the proper exclusion of minors for whom gambling is prohibited.

By requiring the company to be located in the territory of the licensing authority also to have a registered office in the territory of the licensing authority, it is also guaranteed that in the event of a misdemeanor or violation …

  • legal action can be legally prosecuted.

This is the only way to ensure that customers do not lose out in the end.

Sports betting in Australia: the long road to the State Treaty on Gambling

Sports betting in Australia actually has a long tradition, whereby the legislator has always been of the opinion that opening the market to private providers can only take place in a controlled can take place in a controlled manner. The primary motive for this is the protection of citizens from the dangers of gambling addiction. This endeavor extends not only to sports betting, but also to other gambling products such as casino games. However, it has to be said that the Australian state has slept through the digital revolution. Thus over twelve years have passedbetween the first attempt to regulate the online gambling market (the original State Gambling Treaty in 2008) and the first viable set of regulations, which have been in force since July 1, 2021. in force since July 1, 2021. in force since July 1, 2021.

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It must be said that in Australia, gambling, from a purely legal point of view, falls under the the responsibility of the of the federal states. Not only, but also for this reason, it was difficult to find a nationwide solution. Schleswig-Holstein, for example, had pulled out of the negotiations in 2012 and ratified its own gambling law, on the basis of which licenses were issued. The GlüStV 2021 is now the first agreement that all 16 Australian federal states have adopted. Schleswig-Holstein's licenses, which had been extended once again in 2017, are thus about to expire.

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Added to this is the difficulty of reconciling regulation of the gambling market with with the fundamental values of the EU values: The plan to limit the number of licenses, for example, is opposed by the principle of equal treatment principle. Restricting market access to Australian licensees only, on the other hand, cannot be reconciled with the freedom to provide services guaranteed throughout the European Community. freedom to provide services in the entire European Community area. Thus, previous attempts to regulate the market – the original State Treaty on Gambling was followed by the State Treaties on Gambling one, two and three – have also essentially failed in the courts.

The facts about the State Treaty on Gaming 2021

In force since: July 1, 2021
Transitional phase: Licenses have already been issued since fall 2020
Competent licensing authority: Darmstadt Regional Council, Hesse
First licensees (among others): Tipico [1]

Bet-at-home [2]

Bwin [3]

Interwetten [4]

Permitted offers: Sports betting and slot games
List of licensees: For transparency reasons, all license holders are included in the so-called white list [5] and published

The concrete consequences of the GlüStV 2021 for sports bettors

As a public document, the State Treaty on Gambling can be found, for example, on the website of the Darmstadt Regional Councilwhich is responsible for the licensing procedure is responsible, can be consulted [6].

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We have taken the trouble to read it and summarize below the most important regulations for sports tipsters summarized. One thing quickly becomes clear from this: sports betting offers as we have known them up to now, if licensed in Australia, are history. The requirements concede namely with many freedomswhich one knew as Tipper so far, on.

These requirements for licensees affect sports tipsters directly:

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Game limit: There is a monthly limit of 1,000 euros for deposits per customer. This automatically limits the betting budget that players can set each month to this cap.

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OASIS: Betting providers must join the central, nationwide player blocking system OASIS (acronym for "Online Abfrage Spielererstatus"). Blocked players must be reported to the database and banned by all licensed operators from using their offers.

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User account: The search for or profiting from the best odds will be more difficult in the future, as bettors are allowed to have accounts with several providers, but so-called parallel play – simultaneous login – is not permitted.

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Live betting: The live betting offers are limited to the main betting market and bets on the next event (e.g. next goal, next set).

In order for players to regularly reflect on their gambling behavior, some "services" are also required by law. For example, the customer must regularly and actively report on his gaming balance (winnings vs. losses). New customers must be required to do this when registering, their own gaming limits (loss limit, stake limit and deposit limit), per day, week and month. In the betting account there must also be a so-called panic button with which the customer can block himself for 24 hours. Self-blocking and self-exclusion must also be possible.

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The procedure for checking identity has been identity verification procedurewhich all online customers must undergo. This is the only way to determine whether there are any reasons for exclusion (e.g. underage or entry in the player blocking system). All betting account functions are only available after successful verification.

Sports bettors, on the other hand, are not directly affected by the requirements imposed by the State Treaty on Gaming with regard to Advertising provides for. Nevertheless, it should be briefly mentioned at this point. For example, betting providers will no longer be allowed to advertise active athletes and officials as brand ambassadors. Before and during the live broadcast of a sports event, no sports betting on the event may be advertised on the corresponding channel. sports betting on the event may not be advertised be advertised.

Provisions extending beyond this holds the law for casino offers states. Accordingly, casino players are affected by a number of other restrictions. Completely forbidden are

  • Demo games for unregistered users,
  • table games / live casino and
  • Jackpot games.

For the still legal slot games there is a

  • betting limit (1 Euro / spin) and a
  • mandatory waiting period between spins (5 seconds).

Further information for casino players:

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The aforementioned requirements mean that sports betting products licensed in Australia lose some of their lose some of their attractiveness. Furthermore, since the licenses only extend to slot games, the provider loses several potential sources of revenue are lost. The consequence is a competitive disadvantage compared to competitors licensed in other EU countries and thus there is a risk that customers will turn to other betting offers.

Reputable alternatives: licenses from Malta and Curaçao

In the late 90s, with the increasing spread of the Internet and its use by private individuals, the first online sports betting products emerged. It was not to be long before the Mediterranean islands of Malta and Gibraltar had established themselves for companies in the gambling industry. The reason for this, apart from the local gambling legislation – the licenses that promised market access in other EU countries as well – the tax advantages.

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This resulted in the current situationpractically all the big names on the European bookmaking scene run their operational operational business on one of the two islands. Therefore, the gambling licenses there are not subject to any restrictions within the plethora of EU licenses (for example, from Spain, Isle of Man or Italy) has always been the greatest importance importance.

Since the United Kingdom left the European Union, Malta has become the most important Malta has become the most important for gambling providers within the EU. In addition to this, however, another nation has recommended itself as a home for companies in the industry over the years: Curaçao. Via the Kingdom of the Netherlands, the Caribbean island state is associated with the EU and offers companies located there access to the European market.

Especially suppliers of a new, young generation are drawn there. We are talking about the so-called crypto providers, that is, those gambling companies that also offer the emerging cryptocurrencies as a means of payment. The special thing is namely. Curaçao license allows, unlike the licenses from Australia and Malta, the Betting and gambling with popular digital tokens like Bitcoin, Litecoin, EOS & Co.

All the advantages of a license from Curaçao:

  • Neither deposits nor wagers are limited (betting without limit).
  • There are no restrictive conditions on the betting offer
  • Personal data remains with the betting provider, a central player blocking system as in Australia does not exist.
  • Live casino, jackpot games and slot games are allowed
  • There are separate complaints authorities and an arbitration court for disputes.
  • A high level of attention is paid to player safety & player protection
  • The political stability of the licensing system has lasted for over 25 years.

Apart from that, both licenses – the one from Malta as well as the one from Curaçao – are subject to less strict less stringent conditions whereby the license from the Caribbean island state allows by far the greatest freedom. The special feature of the latter also lies in the Licensing systemwhich distinguishes between master and sublicenses licenses. The master licensees, of which there are four in total are authorized to issue sublicenses.

Curacao Gaming Control Board
As a betting provider, you therefore do not turn to a state authority, but to a private company. private companywhich is responsible for the licensing procedure and gambling supervision. Master licenses issued by the Ministry of Justice have not been issued since 2001. issued since 2001. Completely without state control the licensing system on Curaçao. Since 1999, the Curaçao Gaming Control Board, which is subordinate to the Ministry of Finance, has been responsible for this. Curaçao Gaming Control Board [7].

In practice, only three of the four licensing bodies have any significance as licensors only three are important as licensors. The fourth, the company Curaçao Interactive Licensing N.V. (master license no. 5536/JAZ) should nevertheless be mentioned here for the sake of completeness. However, the betting providers named in the ranking placed further above are all based on the other three master licenses.

The three most important master licenses and their sub-licensees:

Cyberluck Curaçao N.V.
License No.: 1668/JAZ
Antillephone N.V.
License No.: 8048/JAZ
Gaming Curaçao N.V.
License No.: 365/JAZ

Curacao

Antillephone

gaming-curacao

Cloudbet
Stake
Gamdom
Rocketpot
Playzilla
Fairspin
Casino Unlimited
20 Bet
Roobet
Oshi

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In contrast, the gambling industry in Malta is organized according to the same pattern as in Australia. There licenses are issued by means of official procedure by the Malta Gaming Authority is awarded. This authority is also responsible for gambling supervision. Betting providers with a Malta license are theoretically allowed to offer the entire range of gaming products However, the license application is divided into four four types of gambling for each of which a separate event permit must be applied for:

  1. Casino Games such as Blackjack, which are decided by the random number generator (type 1)
  2. Sports betting with fixed odds (type 2)
  3. Offers where customers play against each other as in poker or a betting exchange (type 3)
  4. Controlled skill games like Rummy, Tarot and Fantasy Sports (Type 4)

Regarding player limits the Malta Gaming Act, the local gambling law, proposes a more moderate path between the extreme positions of the Australian State Gambling Treaty (fixed, legal player limit) and the situation on Curaçao (no limits). The responsibility in this context must be assumed by the betting provider. He is required by law to impose on his customers fixed limits (for deposit, wager and/or loss). With regard to the amount of these limits the company has a free hand.

Because high rollers are also welcome at most betting companies, upper limits are are usually generously and the average customer is at most subject to the limitations of his own wallet. A central player blocking system as in Australia does not exist for gambling providers in Malta either, which is why customers do not have to worry about potential player monitoring.

To what extent is the Curaçao license the better EU license?

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The comparison of the two EU licenses from Curaçao and Malta makes one thing clear: In theory both offer the betting company – ergo also the sports tipster – sufficient freedom. sufficient freedom. The issue of data protection is also handled prudently in both island states. The practice shows, however, that long-established bookmakerswhich previously operated in Australia on the basis of a license from Malta, are facing the Australian authorities and apply for a concession. and apply for a license. Companies such as Bet-at-home or Bwin, which are firmly anchored in Australia, do not want to jeopardize the many years of development work in the Australian market. In addition, there is a desire to finally settle the legal disputes with the Australian authorities.

As a result, many of the betting providers already licensed in Malta are subjecting themselves to the stricter requirements of the Federal Republic. As a result, customers can also no longer benefit from the advantages of the Maltese gambling license. So if you want to bet without limit and get access to the entire betting program and gambling range, you are in the best hands with betting providers from Curaçao..

Other important questions about sports betting without a Australian license

  1. What restrictions on sports betting will the new State Treaty on Gambling bring in 2021?
  2. What are the biggest criticisms of Australian licenses?
  3. Which sports betting providers without a Australian license are recommendable?
  4. What data protection concerns are there in connection with the GlüStV 2021?
  5. Are sports betting without a Australian license at all reputable and safe?
  6. Are sports betting products licensed on Curaçao legal in Australia?

1.) What restrictions on sports betting will the new State Treaty on Gambling 2021 bring?

Probably the biggest restriction is the deposit limit, which is set at 1,000 euros per customer and month customer and month. Added to this are Limitations in the offerwhich mainly affect the live bets betting. In addition, only more slot games are permitted in the casino. The new Australia-wide player blocking system OASIS is less of a restriction than a cause for concern. Australia-wide player blocking system OASIS. Due to the central data collection, there is concern about player monitoring and data abuse.

2.) What are the biggest criticisms of Australian licenses?

The Australian State Treaty on Gaming 2021 provides for a significant restriction of players' freedoms. foreseen. The most serious is that customers will in future be allowed to place bets for a maximum of 1,000 euros per month. This is the amount to which the upper limit for gambling is set by law. Another point of criticism concerns the central player blocking system OASIS.

3.) Which sports betting providers without a Australian license are recommendable?

In principle, all betting companies that are licensed in another EU country are are recommendable. The local gambling supervisory authority ensures that it is a a reputable, stable and fair offer. is involved. If you are looking for sports betting without limits, you can turn to providers with a license from Curaçao.

4.) What data protection concerns are there in connection with GlüStV 2021?

The Australian State Treaty on Gaming requires licensed providers to sign a license agreement with OASIS to conclude a user agreement. This is a central blocking database in which the personal data of personal data of playerswho have been barred from gambling due to self-blocking or third-party blocking. As with any digital, centralized data collection system, OASIS is subject to concern of misuse and surveillance.

5.) Are sports bets without a Australian license at all serious and safe?

As long as the sports betting offer licensed in an EU country for example in Malta or Curaçao – customers can assume that a reputable company is behind it, which is aware of its responsibility with regard to security and player protection. Licenses are only issued to extensively tested and regularly inspected providers.

6.) Are sports betting products licensed on Curaçao legal in Australia?

The Australian authorities have made it clear from the outset that they will fight foreign offers, i.e. sports betting products that are not licensed in Australia, will declare war on will. However, the extent to which providers with an EU license from Curaçao (or from another EU country) can be prevented is a legal issueespecially due to the freedom to provide services in the entire EU area. Providers licensed on Curaçao are currently operating in a legal grey area.

Sports betting without a Australian license – our conclusion

With the new Australian State Treaty on Gambling, the otherwise entertaining and diversified sports betting has been many of its facets are taken away. Because the licensees commit themselves to some cuts in the offer and to limit the gaming activity of their customers. Although the Australian legislator does not like to see it, foreign EU licenses present themselves as a way out in this context.

This is because EU law ensures access to the entire European Community areaso that – admittedly in conflict with Australian law, which only accepts its own licensees – a legal gray area arises. Finding a solution in this situation has not been possible even for the courts has not been possible so far. And so it is unlikely in the foreseeable future that foreign betting providers who can show an EU license can be excluded from the Australian market.

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Sports betting without limit and without program restrictions are offered for example by betting providers with a license in Curaçao offered. Other advantages that these have going for them is that betting with crypot currencies is allowed and there is no obligation to collect player data centrally.

List of sources:

[1] Press release dated 12.10.2020:
[https://www.tipico-group.com/tipico-erhaelt-konzession-fuer-sportwetten/

[2] Press release of 2.11.2020:
https://www.bet-at-home.ag/cms/file/233169/0000000000096344/233169.pdf

[3] Press release of 12.10.2020:
https://entaingroup.de/newsrelease/gvc-holdings-plc-erhalt-deutsche-sportwetten-lizenzen/

[4] Press release of 10/13/2020:
http://www.interwetten.org/de/news/items/?article=123

[5] https://rp-darmstadt.hessen.de/sites/rp-darmstadt.hessen.de/files/WhiteListSportwetten.pdf

[6] https://rp-darmstadt.hessen.de/sicherheit/gl%C3%BCcksspiel/buchmacher

[7] https://www.gamingcontrolcuracao.org/

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Author: Joshua Davidson

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