TUESDAY · 19 MAY 2026

INDEPENDENT · CONSIDERED · DAILY

FOUNDED 2026

Gaming Australia

INDEPENDENT · DAILY

REGULATION AND POLICY

ACMA enforcement powers: what operators need to know in 2026

ACMA's enforcement toolkit has grown steadily, and 2026 brings sharper focus on unlicensed offshore operators and advertising compliance. Here is what every operator needs to know.

white printer paper close-up photography

Photo by Arisa Chattasa on Unsplash

The Australian Communications and Media Authority (ACMA) sits at the centre of online gambling enforcement in Australia. Its remit under the Interactive Gambling Act 2001 (IGA) covers everything from blocking unlicensed offshore services to issuing formal warnings against prohibited advertising. As regulatory scrutiny of the iGaming sector has intensified over recent years, understanding exactly what ACMA can and cannot do has become a practical business necessity for operators, suppliers, and their legal teams.

What ACMA is actually empowered to do

ACMA's primary tool against unlicensed offshore operators is the website-blocking regime introduced through 2017 amendments to the IGA. Under those provisions, ACMA can direct Australian internet service providers to block access to sites offering prohibited interactive gambling services to Australians. The process begins with an investigation, which can be triggered by a complaint or the authority's own monitoring. If a service is found to be operating in breach of the IGA, ACMA issues a link-deletion notice to the site owner (where one can be identified) and simultaneously directs ISPs to block access.

Beyond blocking, ACMA holds the power to accept enforceable undertakings, issue infringement notices, and pursue civil penalty proceedings in the Federal Court. Civil penalties for corporations operating a prohibited interactive gambling service can reach into the millions of dollars per day of contravention, making non-compliance an existential financial risk for any operator caught in ACMA's sights.

ACMA also has a role in enforcing the gambling advertising prohibitions that sit across the IGA, the Broadcasting Services Act 1992, and various codes registered under that act. Broadcasters and online publishers who carry non-compliant gambling advertising face licence conditions and formal investigations. The authority can accept complaints from the public and initiate investigations on its own motion.

The expanding grey areas: affiliate marketing and in-play betting

Two compliance zones that continue to create uncertainty are affiliate marketing and in-play betting. Affiliate arrangements, where third-party publishers drive traffic to operators in exchange for a commission, can fall foul of advertising restrictions if the promotional content is not clearly identified or if it targets prohibited audiences. ACMA has signalled that it will treat the underlying operator as responsible for non-compliant affiliate activity, placing the burden of due diligence squarely on the licence holder.

In-play betting on sports remains prohibited for online wagering services under the IGA, a carve-out that distinguishes Australia from many comparable markets. Operators running hybrid products need to ensure their real-time features do not inadvertently constitute in-play wagering. The line between a live-updated fixed-odds market and a prohibited in-play bet has been the subject of regulatory correspondence, and ACMA has not been shy about putting operators on formal notice when the distinction appears blurred.

These ongoing tensions sit alongside the broader wave of regulatory activity covered in Australian iGaming industry news: major moves in 2026, which tracks how operator strategy and compliance pressures are evolving across the sector this year.

How investigations work in practice

When ACMA opens an investigation, it typically begins with a formal notice requiring the target to produce information or documents. Operators served with such a notice must comply within the specified timeframe or risk a separate penalty for obstruction. Responses are assessed against ACMA's published enforcement guidelines, which consider the severity of the alleged breach, any prior history of non-compliance, and whether the operator cooperated voluntarily.

ACMA publishes its blocking register and enforcement outcomes on its website, meaning that adverse findings become public record. For licensed operators, a public enforcement action can carry reputational consequences that extend well beyond any financial penalty, particularly in a market where B2B relationships depend on demonstrated compliance standing.

The authority has also been willing to work with overseas regulators. Under information-sharing arrangements, evidence gathered by a foreign regulator can inform an ACMA investigation, and vice versa. Operators who believe they are operating purely "offshore" should not assume that geographic distance insulates them from Australian enforcement action.

Practical steps for staying on the right side of ACMA

The compliance basics are not complicated, but they require ongoing attention rather than a one-time review. Licensed operators should at minimum maintain an up-to-date record of all advertising and promotional activity, conduct periodic audits of affiliate arrangements against the current advertising codes, and ensure their customer-facing interfaces do not inadvertently offer prohibited services to Australian residents.

Suppliers and platform providers have a parallel responsibility. If a platform's technology enables a prohibited feature, both the supplier and the operator deploying it may be exposed. Contractual warranties and indemnities that allocate IGA compliance risk between parties have become standard in well-drafted commercial agreements, but they are not a substitute for building compliant products in the first place.

The regulatory environment is not static. ACMA reviews its enforcement priorities periodically, and federal parliamentary inquiries have repeatedly canvassed whether the IGA needs further modernisation to address emerging products such as simulated gambling and loot boxes. Operators who track major regulatory and industry shifts as they emerge will be better positioned to adapt before enforcement, rather than after.

For those wanting to go deeper, ACMA's official website publishes its current enforcement register, blocking decisions, and guidance materials for industry. Treating those resources as a living compliance reference, rather than a one-off read, is one of the more practical habits an operator's compliance team can develop.