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2.1 What regulatory licences, permits, authorisations or other official approvals (collectively, “Licences”) are required for the lawful offer of the Relevant Products to persons located in your jurisdiction?
Casino table gaming and gaming machines, Retail Wagering, lotteries and keno all require an operator Licence, which is typically long-dated and is granted by the relevant Australian State or Territory.
Bookmaking requires a Corporate Bookmaker Licence or an On-course Bookmaker Licence. All Corporate Bookmakers are licensed in the NT, whereas On-course Bookmakers are licensed in the relevant State or Territory. Corporate Bookmakers offer fixed-odds betting online and over the telephone on sport, racing and other approved events, whereas On-course Bookmakers offer fixed-odds betting on-course and, subject to approval, also over the telephone and in some instances online on similar events as a Corporate Bookmaker. Sometimes an On-course Bookmaker will be licensed to offer fixed-odds betting on racing only. Corporate Bookmakers typically also offer ‘totalisator-derivative’ or ‘tote odds’ type betting.
Gaming machines are offered in casinos, hotels and clubs. In relation to hotels and clubs, a venue requires both a gaming venue Licence and also a permit/Licence for each gaming machine a venue operates. Gaming machines in WA can only be offered in the casino.
Bingo is often regarded as minor gaming and may be conducted for fundraising or charitable purposes, typically by a community or other not-for-profit organisation. A State or Territory Licence is typically required to operate a bingo centre in the relevant jurisdiction.
Social gaming with no prize, being either money or money’s worth, does not require any Licence, given that it is not regarded as gambling under Federal, State and Territory law. Similarly, a skill game with no element of chance is also not considered gambling and does not require any Licence, unless it is operated online and falls within certain ‘interactive gaming’ regimes regulated by State and Territory gambling regulators.
Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities are also required to hold a relevant Licence.
2.2 Where Licences are available, please outline the structure of the relevant licensing regime.
Each State and Territory has a relevant Casino Control Act (or similar legislation) under which casino Licences have been issued. There are currently 14 casino Licences on issue, with a process underway for the expected development of an integrated resort and casino in northern Qld. A casino Licence permits the relevant casino to typically offer traditional table games and gaming machines.
Retail Wagering is offered by State and Territory-based totalisator agency boards (TABs) pursuant to sole Licences in the relevant State or Territory, thereby providing them with a form of ‘retail exclusivity’. There is co-mingling of State and Territory totalisator pools through pooling arrangements, with three Australian totalisator pools currently in existence. Retail operations are typically conducted using authorised agents and distribution licensing arrangements.
Corporate Bookmakers offer online and telephone fixed-odds betting on racing, sports and other approved events and totalisator derivative betting on racing. All fantasy betting typically occurs through Corporate Bookmakers in Australia.
On-course Bookmakers holding an On-course Bookmaker Licence offer fixed-odds betting at racecourses and, where appropriately licensed, over the telephone and via the internet.
Similar to State and Territory Licences issued to TABs for the purposes of Retail Wagering, most lotteries Licences are also currently sole Licences enabling lottery tickets and other lottery products (including instant lottery tickets) to be sold in retail (through newsagencies and other approved retail venues) and also online in some jurisdictions. State and Territory lotteries engage in pooling arrangements pursuant to what is known as ‘bloc agreements’, under which jackpots are pooled, making the customer offering more attractive.
Hotels and clubs hold a venue operator’s Licence and a permit/ Licence to operate each gaming machine within the licensed premises. There are often strict local government planning requirements which must be met in relation to gaming machines.
Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities are also required to hold a relevant Licence. Such Licences often require the licensee to comply with complex national standards, as adopted by the relevant State or Territory.
2.3 What is the process of applying for a Licence for a Relevant Product?
Any applicant for a Licence is generally required to undergo a probity assessment to determine whether such applicant is ‘fit and proper’ to be granted a Licence. The processes are generally quite extensive, and it can sometimes take up to 12 months or longer for State and Territory gambling regulators to complete, in relation to new applicants seeking major Licences.
Casino Licences can typically only be applied for through a competitive tender process run by the relevant State or Territory. The same applies in relation to Retail Wagering Licences and also lotteries and keno Licences. The number of Licences available is limited (typically only one per State and Territory, except in the case of current casino Licences held in each of Qld, NT and NSW) and the processes are very infrequent.
An application for a Corporate Bookmaker Licence issued in the NT, or an application for an On-course Bookmaker Licence, typically takes between three and six months for approval and can be made at any time. There is no prescribed maximum number of Licences which can be issued; however, in a practical sense there are limitations in respect of the number of On-course Bookmaker Licences which could be issued. The same applies in relation to any permit required to operate bingo.
The number of gaming machines available in each State and Territory is strictly regulated. In the case of a casino, it will depend upon the relevant casino Licence. In the case of a non-casino gaming venue (hotel or club), whilst a venue operator’s Licence is relatively straightforward and readily available (but can still take six to 12 months for approval of new entrants), the number of gaming machines which such venue may be permitted to operate is limited based on the ‘entitlement’ or permit/Licence to operate those gaming machines. Various States (including NSW and Vic) have implemented harm minimisation measures to cap the number of gaming machine permits/Licences on issue in certain lower socio-economic areas.
2.4 Are any restrictions placed upon licensees in your jurisdiction?
All Licences are subject to strict restrictions as set out in the relevant legislation and also, typically, separate Licence conditions and agreements with the licensing bodies. A breach of a Licence condition often triggers a breach of the relevant legislation, and vice versa.
The main restriction of an operator Licence relates to what gambling activity can be offered and through which channel. This is often intended to support a ‘sole operator’ or ‘limited operator’ model, under which overlapping product is limited and retail exclusivity is generally preserved. Other restrictions include the usual requirement for regulatory approval of a new product, financial and other reporting to government and other relevant gambling regulators, strict advertising restrictions (including in relation to inducements to open accounts and, in some jurisdictions, to gamble) and responsible gambling obligations. In the case of Retail Wagering Licences, in some jurisdictions there are requirements to maintain contractual arrangements with the local racing industry (including for the payment of fees).
Corporate Bookmakers and On-course Bookmakers have similar Licence restrictions, although generally these are not as prescriptive as an operator Licence. A key obligation of a Corporate Bookmaker Licence is generally the requirement to establish a physical place of business in the NT (thereby providing economic benefit to the NT, in addition to the Licence application fee, renewal fees and taxes), notwithstanding that most Corporate Bookmakers have head offices in other jurisdictions such as NSW or Vic. A key obligation of an On-course Bookmaker in a number of jurisdictions is that the bookmaker must maintain a physical office on-course, even on days when racing is not occurring.
In Australia, gambling harm issues are often associated with gaming machines and the Licence restrictions relating to the operation of gaming machines include more detailed responsible gambling obligations. Pre-commitment and other harm minimisation and consumer protection measures have been implemented in relation to gaming machines in Australia, with mandatory opt-out pre-commitment having been considered and/or debated in various jurisdictions over a number of years. These restrictions necessarily extend to the design, functionality and support required from gaming machine and other equipment manufacturers, software developers and technical services suppliers.
Any permit required for bingo is generally subject to very basic restrictions (usually in relation to approved rules). Bingo is considered low risk from a responsible gambling perspective.
2.5 Please give a summary of the following features of any Licences: (i) duration; (ii) vulnerability to review, suspension or revocation.
The duration of major operator Licences depends upon the legislative framework in the relevant State or Territory and is subject to possible change upon a Licence renewal or new Licence being issued.
There are various current casino Licences which are perpetual, whereas a number of others currently expire between 2050 and 2093. In relation to wagering and betting, apart from Vic and NT (where the Licences expire in 2024 and 2035, respectively) and WA (where Retail Wagering and betting is operated by the State but is currently being considered for privatisation, with a formal process now underway), the expiry dates of current Retail Wagering Licences are also similarly long-dated and range between 2062 and 2100.
In the case of lotteries, aside from Tas (where the Licence expires in 2022) and WA (where lotteries are owned and operated by the State), the expiry dates are generally shorter than in relation to Retail Wagering; however, they still range between 2028 and 2072. Keno, as a similar product to lotteries, has a similar Licence duration. Apart from Vic (where the Licence expires in 2022), the key keno Licences in Qld, NSW and ACT expire in 2047, 2050 and 2064, respectively.
Gaming machine permits/Licences have typically been perpetual in Australia, other than in certain States such as Vic, which currently run for a period of 10 years (however, the term has been extended to 20 years in relation to entitlements which operate from August 2022 onwards).
Gaming machine and other equipment manufacturers, software developers and technical services suppliers selling products and/or services used for gambling-related activities typically have perpetual Licences, which are often administrative in nature and remain on issue subject to the payment of periodic fees.
Casinos are generally subject to periodic Licence reviews (often every five years).
The vulnerability of the above Licences to revocation or suspension is low. It is rare for material proceedings or other materially adverse action to be initiated by gambling regulators against major licensees.
2.6 By Relevant Product, what are the key limits on providing services to customers? Please include in this answer any material promotion and advertising restrictions.
Casino Licences provide that casinos are only permitted to offer casino games and gaming machines to patrons present within the casino. It is illegal to offer online casino gambling in Australia.
Retail Wagering Licensees offer: (i) pari-mutuel (totalisator) betting on racing (thoroughbred, harness and greyhound) and some sports; and (ii) fixed-odds betting on racing, virtual/simulated racing, sports and other approved events. With the exception of virtual/simulated racing (which is generally only offered in retail venues including hotels and clubs), this betting is generally offered at racecourses, retail venues, online and by telephone. The Vic Licence includes not only wagering and betting but also the right to conduct a betting exchange.
Corporate Bookmakers can offer fixed-odds betting on racing, sport and other approved events online and over the telephone. They typically also offer totalisator derivative type wagering. On-course Bookmakers offer substantially the same fixed-odds betting on-course and, subject to approval, also over the telephone and in some instances online.
Lotteries licensees can offer their approved lottery products through retail newsagencies, other approved retail venues, third-party agents and also online. Keno licensees can offer their products through retail venues, online in-venue only (in the case of NSW) and online (in the case of the ACT).
Hotels and clubs are permitted to provide approved gaming machines in the licensed premises.
There are comprehensive Federal, State and Territory advertising restrictions which apply to the lawful advertising of gambling services. In addition to the usual compulsory responsible gambling messages and warnings, it is an offence to advertise an inducement to open a betting account or to refer another person to open a betting account and, in some jurisdictions, to gamble or to gamble more frequently.
The Federal government has recently enacted new ‘rules’ which restrict gambling advertising and odds promotion during broadcasts of live sport, with one key objective being to limit its exposure to children. These rules have recently been extended to online streaming of live sport.
Separately, the CCA imposes penalties for, amongst other things, misleading and deceptive conduct (including through advertising). Various codes of conduct also apply to the advertising of gambling in Australia.
2.7 What are the tax and other compulsory levies?
The State and/or Territory taxes which apply to gambling products depend upon the relevant Licence under which the product is being offered, the type of product and also the jurisdiction in which the product is offered.
State and Territory taxation on casinos is determined on a case-by-case basis (typically during negotiations with the relevant State or Territory government at the time). By way of example, putting aside a Federal company tax of either 25% or 30% on profits and a goods and services tax (GST) of 10% on gross revenue, the sole casino licensee in Vic paid a multi-million dollar Licence fee to the State for the right to operate the only casino. In addition, that licensee currently pays the State a tax of 21.25% of its gross gaming revenue from table games and 31.57% of its gross gaming revenue from gaming machines in respect of regular players, together with a 1% community benefit levy. The sole casino licensee also pays a tax of 9% on ‘high roller’ gaming revenue, together with a 1% community benefit payment. Finally, the sole casino licensee pays an additional casino ‘super tax’ based on gross gaming revenue, which increases depending upon gaming revenue levels, with a maximum tax payable of 20%. The relevant taxation amounts are reduced by the GST paid by the casino licensee in relation to these services.
In relation to Retail Wagering in Vic, NSW and Qld (by way of example):
- the current totalisator commission (take-out rate) charged by the relevant licensee in respect of key Licences in Vic, NSW and Qld varies depending upon bet type, but may be up to 25% with a maximum rate of 40% in Vic for international pooling;
- the previous wagering and betting tax payable by the Retail Wagering Licensee in Vic has been replaced by a 10% point of consumption tax (POCT) on ‘net wagering revenue’ exceeding a threshold of AUS $1 million in respect of all bets placed by Vic residents through the Retail Wagering Licensee, Corporate Bookmakers and other relevant betting operators licensed in Australia. This framework (with an initial rate of 8%, which changed to 10% on 1 September 2021) commenced on 1 January 2019;
- the current taxation payable by the NSW Retail Wagering Licensee on totalisator commissions is 7.6%, on fixed-odds racing and sports is 4.38% of net earnings and on computer simulated racing is 10.91% of net earnings;
- the NSW government has imposed a 10% POCT on ‘net wagering revenue’ exceeding a threshold of AUS $1 million in respect of all bets placed by NSW residents through the Retail Wagering Licensee, Corporate Bookmakers and other relevant betting operators licensed in Australia. This framework commenced on 1 January 2019 and is currently under review. The wagering and betting taxes payable in NSW by the relevant Retail Wagering Licensee have remained in place (unlike, for example, in Vic and Qld), with corresponding POCT offsets; and
- the wagering and betting tax previously payable by the Retail Wagering Licensee in Qld has been replaced by a 15% POCT on ‘net wagering revenue’, exceeding AUS $300,000 in respect of all bets placed by Qld residents through that licensee, Corporate Bookmakers and other relevant betting operators licensed in Australia. This framework commenced on 1 October 2018.
In addition to Vic, NSW and Qld, most States and Territories have recently introduced a POCT in respect of bets placed by their residents (which is payable by the Retail Wagering Licensee, Corporate Bookmakers and any other relevant betting operator licensed in Australia, irrespective of the location of the relevant entity). This is a departure from the previous ‘point of supply’ regime, under which States and Territories derived no betting tax revenue from Corporate Bookmakers and other licensed betting operators taking bets online in the relevant jurisdiction. The POCT rates for these other jurisdictions are currently 15% of ‘net wagering revenue’ or some other similar revenue base, with various compensatory arrangements in place to ensure that the racing industry is not adversely impacted. Vic, NSW and Qld also have similar compensatory arrangements.
Retail Wagering Operators, Corporate Bookmakers and On-course Bookmakers are also required to pay race field fees/product fees to racing controlling bodies and sports controlling bodies, respectively, in relation to bets taken on their product. These fees are generally a percentage of turnover, or the greater of a percentage of turnover and gross margin, and depend upon the relevant product.
Lotteries are subject to relatively high State and Territory taxation rates. For example, in the key States of Vic, NSW and Qld, respectively, the rates are 79.40% of player loss where GST is payable and 90% of player loss where GST is not payable, 76.918% of player loss (player subscriptions net of prize liability) less GST payable on subscriptions and sales commissions and 73.48% of monthly gross revenue for declared lotteries (with lower rates for instant scratch-its and soccer pools). By contrast, taxation of keno across the same three key States is 24.24% of player loss, 8.91% of player loss (increasing to 14.91% where player loss exceeds AUS $86.5 million) and 29.40% of monthly gross revenue after deducting any casino commissions. Various States also set minimum player returns.
State and Territory taxes on gaming machine revenue are complicated and vary significantly. By way of example, in Vic, where average revenue per gaming machine is greater than AUS $12,500 per month, the tax rate is 54.20%.
There is also a Federal Goods & Services Tax of 10% payable on net revenue from gambling products; however, State and Territory taxation rates sometimes take this into account, and it is offset against taxation payable to State and Territory governments.
2.8 What are the broad social responsibility requirements?
All gambling-related Licences issued by a State or Territory are subject to strict requirements relating to responsible gambling and harm minimisation. Included in this are restrictions at a State and Territory level in relation to gambling advertising and also inducements to open an account and, in some jurisdictions, to gamble or to gamble more frequently. In addition, legislation and relevant codes of practice have been recently updated to restrict gambling advertising and odds promotion during broadcasts and online streaming of live sport, with more stringent restrictions occurring during the hours of 5.00am to 8.30pm.
In November 2018, all State and Territory gaming Ministers agreed to a National Consumer Protection Framework (NCPF) for online wagering, which is in the process of being progressively implemented with the objective of having a nationally consistent approach to harm minimisation measures, such as a prohibition on inducements (such as first deposit bonuses) being offered to a prospective customer to open a betting account, mandatory opt-out pre-commitment and a national self-exclusion register (which is expected to be established in 2022).
2.9 How do any AML, financial services regulations or payment restrictions restrict or impact on entities supplying gambling? Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?
AUSTRAC is the AML and CTF regulator in Australia.
Under the AML/CTF Act, certain gambling activities are classified as ‘designated services’ and, as such, reporting entities are required to register with AUSTRAC, develop and maintain a compliant AML/CTF Programme and report certain transactions to AUSTRAC, including by way of TTRs and SMRs.
Failure to comply with the AML/CTF Act, including by not maintaining a compliant AML/CTF Programme, and not filing TTRs and/or SMRs (or filing them late), can result in large civil penalties and possible criminal exposure. For example, in 2017 a large Australian gambling company paid a AUS $45 million civil penalty to AUSTRAC for the failure to comply with certain requirements under the AML/CTF Act.
Virtual currencies are not currently used as a real-money alternative for gambling in Australia by any of the major operator Licence-holders. They are currently the subject of consideration by the various State and Territory gambling regulators. In 2018, a Corporate Bookmaker proposing to be Australia’s first bookmaker to accept ‘crypto-currency’ was prevented from doing so by the NTRC. Notwithstanding the ongoing consideration by gambling regulators, AUSTRAC regulates virtual currencies as a designated service.
2.10 What (if any) restrictions were placed during the COVID-19 pandemic? Are they still in force?
No special arrangements were implemented as a result of the COVID-19 pandemic other than various State and Territory public health orders and directions which prohibited certain retail operations of Licence holders (e.g. during public ‘lockdowns’). At the time of writing, and just as an example, retail operations of the Retail Wagering Licensee remain closed in Melbourne, Vic.
SEATTLE, Aug. 16, 2022 (GLOBE NEWSWIRE) -- DoubleDown Interactive (NASDAQ: DDI) (“DoubleDown” or the “Company”), the developer behind the popular social casino game, DoubleDown Casino, celebrates 12 years since the launch of their flagship title.
“DoubleDown Casino was one of the first games of its kind when it debuted in 2010,” said In Keuk Kim, CEO of DoubleDown, “We are honored that DoubleDown Casino has remained one of the leading games in the social casino space for the past 12 years, and we are grateful to all our passionate players, to whom we owe our long-standing success.”
This milestone celebration started on August 14, 2022 with a countdown that gives away free prizes, leading up to the DoubleDown Birthday Bash on August 26 and 27, 2022. During the event, players are encouraged to complete slot quests and will earn a reward based on how many slot quests they complete.
DoubleDown Casino offers a variety of slot machines and table games, delivering the fun of Las Vegas casinos virtually on mobile and desktop platforms. This social casino game proudly features authentic Las Vegas slot machines developed by International Game Technology PLC, or IGT. Between casino titles and exclusive original slots, DoubleDown has a catalog of over 200 slots for players to enjoy.
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About DoubleDown
DoubleDown Interactive Co., Ltd. is a leading developer and publisher of digital games on mobile and web-based platforms. We are the creators of multi-format interactive entertainment experiences for casual players, bringing authentic Vegas entertainment to players around the world through an online social casino experience. Our flagship title, DoubleDown Casino, has been a fan-favorite game on leading social and mobile platforms for years, entertaining millions of players worldwide with a lineup of classic and modern games.
Safe Harbor Statement
Certain statements contained in this press release are “forward-looking statements” about future events and expectations. Forward-looking statements are based on our beliefs, assumptions, and expectations of industry trends, our future financial and operating performance, and our growth plans, taking into account the information currently available to us. These statements are not statements of historic fact. We have based these forward-looking statements on our current expectations and assumptions about future events. While our management considers these expectations and assumptions to be reasonable, they are inherently subject to significant business, economic, competitive, regulatory and other risks, contingencies and uncertainties, most of which are difficult to predict and many of which are beyond our control. Therefore, you should not place undue reliance on such statements. Words such as “anticipates,” believes,” “continues,” “estimates,” “expects,” “goal,” “objectives,” “intends,” “may,” “opportunity,” “plans,” potential,” “near-term,” long-term,” “projections,” “assumptions,” “projects,” “guidance,” “forecasts,” “outlook,” “target,” “trends,” “should,” “could,” “would,” “will,” and similar expressions are intended to identify such forward-looking statements. We qualify any forward-looking statements entirely by these cautionary factors. We assume no obligation to update or revise any forward-looking statements for any reason or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future. The information contained in, or that can be accessed through, our social media pages is not incorporated by reference into, and is not a part of, this press release. We have included our social medial pages in this press release solely for informational purposes.
Company Contact:Joe Sigristir@doubledown.com+1 (206) 408-7545Chief Financial Officerhttps://www.doubledowninteractive.com
Investor Relations Contact:Cody Slach or Jeff Grampp, CFAGateway Group1-949-574-3860DDI@gatewayir.com
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Rush Street Interactive is adding its online sportsbook to its existing online casino offering in West Virginia.
The BetRivers sportsbook is now available to bettors in West Virginia via the operator’s app and website. RSI has been present in the Mountain State under the BetRivers brand since it launched its online casino in the region in April last year.
RSI notes as well that both the sportsbook and online casino will share the same wallet for the customer’s convenience.
“We are excited to expand our presence in West Virginia and offer residents more ways to win with the launch of our popular BetRivers sportsbook,” commented Richard Schwartz, CEO of RSI.
“Our experience in other markets has validated that online sportsbook players also enjoy the full services of our online casinos, especially the table games. Along with offering a more enjoyable experience through our platform, at RSI we are constantly striving to provide a more trusted betting experience by emphasizing usability, responsibility, and transparency.”
Rush Street Gaming has also recently appointed Bill Keena as its new Chief Operating Officer, and Marc Arndt as its new Chief Financial Officer, subject to approvals from jurisdictional gaming boards.
Tim Drehkoff, CEO of Rush Street Gaming, noted: “Bill Keena and Marc Arndt have been part of the Rush Street family for over a decade. Their unique combination of institutional history, operational expertise, and financial acumen made them the ideal choices for COO and CFO. We’re delighted they’ve accepted these exciting new roles.”
A part of Rush Street since 2011, Keena most recently served for three-plus years as general manager of Rivers Casino Pittsburgh, where he set new performance precedents and successfully navigated pandemic shutdowns. He has also previously worked in Harrah’s finance department.
“Rush Street Gaming has been exemplary in developing a positive team member culture, strong community engagements, and superior guest experiences,” stated Keena. “I’m looking forward to working alongside our tremendously talented and dedicated teams to continue their great momentum.”
Also joining Rush Street in 2011, Arndt was the first team member to join Rivers Casino in Des Plaines, helping launch the operation and hire team members, negotiate contracts, and manage projects.
He now oversees and manages the finance functions across all gaming operations including Rush Street’s land-based casinos and their affiliated entities. He was previously the CFO of Bethesda Home, a regional acute care nursing and rehabilitation center.
Arndt said: “I’m excited about Rush Street’s tremendous growth over the past decade and proud of the team’s many accomplishments. We have strong and thoughtful leadership across the entire enterprise. I’m looking forward to continued collaboration and even more great things ahead.”
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