Broadcasting Services Amendment (Prohibition of Gambling Advertisements)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Transport & communications

What does this bill do?

The bill would ban gambling ads across certain TV and radio broadcasts and on the streaming services linked to those broadcasters, aiming for a broad national ban.

Why was it introduced?

Gambling ads around televised sport became pervasive, and existing restrictions proved ineffective and full of loopholes that left broadcasts acting as betting triggers. The bill responds by replacing regulation with a broad ban on gambling ads on certain TV, radio and related streaming services.

Broader context

Australia already had tighter gambling advertising rules for live sport from 2017, but betting promotions around televised sport kept spreading across broadcasts and related streaming services, and the bill’s backers argued the existing mix of law, regulator oversight and broadcaster self-regulation was full of loopholes and acted as a betting trigger. Zoe Daniel introduced this bill in May 2023 to replace those limits with a broad ban, but after a June 2023 parliamentary push for tougher action the measure stalled, was removed from the Notice PaperThe parliamentary list of business to be dealt with; if a bill is removed from it, it usually stops moving forward. in November 2023, and similar legislation was brought back in 2024.

Key criticism

The main case against the bill is that a near-total gambling advertising ban could strip major revenue from commercial broadcasters and sporting bodies, with flow-on effects for media budgets, broadcast economics and sponsorship funding. That criticism appears to have come mainly from TV networks, wagering firms and sporting codes in public reporting, while no party represented in the cited parliamentary debate opposed the bill.

Who supported it?

Zoe Daniel MP introduced this bill. Speeches supporting it came from some crossbench members.

Introduced in House 22 May 2023
Failed in House 28 Nov 2023
Did not reach Senate
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

190 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. The bill would ban gambling ads across certain TV and radio broadcasts and on the streaming services linked to those broadcasters, aiming for a broad national ban.

  2. The ban would start six months after Royal AssentThe moment a bill is signed by the Governor-General and becomes an Act, which starts the six-month countdown in this page., giving broadcasters, advertisers and regulators time to prepare before the new rules take effect.

  3. Commercial TV, subscription TV, satellite TV and subscription radioPaid radio services that would also be covered by the proposed ban as a condition of their licence. operators would have to follow the gambling ad ban as a condition of keeping their broadcast licence.

  4. Online providers covered by the bill could face civil penalties and directions to fix breaches if they carry banned gambling ads.

  5. Accidental or minor gambling references during sport or online content would not breach the ban if the broadcaster or provider gets no direct or indirect benefit from them.

Show source excerpts
  1. This bill seeks to amend the Broadcasting Services Act 1992 (the Act) to prohibit the broadcasting of gambling advertisements on certain television and radio broadcasting services; and to prohibit the provision of gambling advertisements on the streaming outlets of certain television and radio services. It seeks to achieve a comprehensive ban on gambling advertising, ending the exploitation of sporting broadcasts to promote gambling services.
    Broadcasting Services Amendment (Prohibition of Gambling Advertisements) explanatory memorandum
  2. This clause provides for the commencement of the Act on the day after the end of a period of six months beginning on the day it receives Royal Assent. This six-month period will allow broadcasters, advertisers and regulators to prepare for the implementation of the prohibitions on gambling advertising prior to commencement of the Act.
    Broadcasting Services Amendment (Prohibition of Gambling Advertisements) explanatory memorandum
  3. This Item provides that the amendments made by items 11 to 14 of Schedule 8, relating to various broadcast licences, shall apply, on and after the commencement of this item, in relation to a licence regardless of when the licence was allocated. As a consequence all licences broadcasters will be required to comply with the prohibition on broadcasting gambling advertising, as a condition of their licence as soon as the amendments of this Bill commence (i.e. six months from Royal Assent).
    Broadcasting Services Amendment (Prohibition of Gambling Advertisements) explanatory memorandum
  4. This item amends Clause 1 of Schedule 8 of the Act that refers to potential civil penalties and ACMA remedial action orders in the event an online provider contravenes online content service provider rules. The item substitutes a similar provision that additionally refers to potential liability to pay a civil penalty if an online provider contravenes the prohibition on the provision of gambling advertisements and for the ACMA to also make a remedial action directive in such a circumstance.
    Broadcasting Services Amendment (Prohibition of Gambling Advertisements) explanatory memorandum
  5. Similar to the accidental or incidental exemption relating to commercial television broadcasting, Section 13(3) provides that the prohibition on broadcasting of a gambling advertisement does not apply to accidental or incidental accompaniment to the provision of other matter; and when the online content service provider does not receive any direct or indirect benefit.
    Broadcasting Services Amendment (Prohibition of Gambling Advertisements) explanatory memorandum

Broader context for this bill

Australia already had tighter gambling advertising rules for live sport from 2017, but betting promotions around televised sport kept spreading across broadcasts and related streaming services, and the bill’s backers argued the existing mix of law, regulator oversight and broadcaster self-regulation was full of loopholes and acted as a betting trigger. Zoe Daniel introduced this bill in May 2023 to replace those limits with a broad ban, but after a June 2023 parliamentary push for tougher action the measure stalled, was removed from the Notice PaperThe parliamentary list of business to be dealt with; if a bill is removed from it, it usually stops moving forward. in November 2023, and similar legislation was brought back in 2024.

  1. October 2017

    Government tightens live-sport gambling ad rules during children's viewing hours

    The Turnbull government announced a gambling advertising safe zone for live sport on broadcasters, SBS and online platforms, leaving gambling ads restricted rather than banned outright.

    Department of Infrastructure ↗
  2. 12 May 2023

    Opposition calls for a ban around live sports broadcasts

    Peter Dutton proposed banning betting ads for an hour before and after sporting matches, pushing the issue to the centre of federal politics.

    Australian Financial Review ↗
  3. 22 May 2023

    Zoe Daniel introduces a bill for a broad gambling advertising ban

    The private member's billA bill introduced by an MP rather than by the government, which usually has less chance of becoming law. was introduced to prohibit gambling ads on key television and radio services and their associated streaming outlets because existing restrictions were said to be ineffective and loophole-ridden.

    Parliamentary timeline ↗
  4. June 2023

    Parliamentary inquiry backs a blanket ban on online gambling advertising

    After the inquiry proposed a blanket ban, the Prime Minister described online gambling advertising during live sport as reprehensible and the government moved to meet broadcasters and wagering companies.

    Australian Financial Review ↗
  5. 28 Nov 2023

    The 2023 bill is removed from the Notice PaperThe parliamentary list of business to be dealt with; if a bill is removed from it, it usually stops moving forward.

    The bill dropped from the House Notice PaperThe parliamentary list of business to be dealt with; if a bill is removed from it, it usually stops moving forward. without becoming law, leaving the earlier regulatory regime in place.

    Parliamentary timeline ↗
  6. 19 Aug 2024

    Crossbench MPs reintroduce the push after the Peta Murphy report

    Supporters brought the issue back with a new bill, saying 14 months had passed since the committee's landmark report with 31 unanimous recommendations and that the government still had not acted.

    Hansard ↗

How did it move through Parliament?

House Senate
Introduced 22 May 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 22 May 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Removed from the Notice PaperThe parliamentary list of business to be dealt with; if a bill is removed from it, it usually stops moving forward. in accordance with (SO 42) 28 Nov 2023

The bill reached this recorded parliamentary step.

The main case against this bill

The main case against the bill is that a near-total gambling advertising ban could strip major revenue from commercial broadcasters and sporting bodies, with flow-on effects for media budgets, broadcast economics and sponsorship funding. That criticism appears to have come mainly from TV networks, wagering firms and sporting codes in public reporting, while no party represented in the cited parliamentary debate opposed the bill.

Recorded criticism was mostly about economic impact and implementation, not defending gambling ads as harmless.

Hit to broadcaster revenue

Broadcasters and media executives argued a gambling ad ban would remove a significant advertising income stream, with reporting pointing to major revenue losses and claims that networks would seek concessions to offset the impact.

Raised by Commercial TV networks, media executives and Free TV, as reported by the Australian Financial Review Source ↗

Loss of sports sponsorship funding

Sporting codes and wagering companies were reported as warning that tougher bans on gambling promotion would hurt existing sponsorship and advertising arrangements that help fund professional sport, especially around televised matches and branded signage.

Raised by Sportsbet, TV executives and major sporting codes, as reported by the Australian Financial Review Source ↗

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Zoe Daniel

Independent • MP 22 May 2023

Zoe Daniel strongly supports the bill and says a complete ban on gambling advertising is needed to protect children and respond to widespread community concern.

Read in Hansard ↗

All speeches by bloc

Minor parties and independents

1 speaker · 1 support

Full record

Full chat