The Australian Communications and Media Authority (ACMA) recently issued formal warnings to Dama N.V. and Luster N.V., two Curaçao-based companies, for violating the Interactive Gambling Act 2001 (IGA). These violations highlight the strict regulatory framework Australia enforces to protect consumers and maintain the integrity of its gambling industry.
ACMA’s investigation process
The Interactive Gambling Act 2001 is a key piece of legislation in Australia that regulates online gambling services. Its primary goal is to protect Australian consumers by ensuring that gambling services provided to them are licensed, legal, and secure.
The ACMA’s investigation into and followed a systematic process aimed at identifying violations of the IGA. In July 2024, ACMA initiated an investigation into the Lucky Ones service offered by Dama N.V., which included tracking the platform’s accessibility by Australian customers. The same method was applied to the Eddy Vegas platform operated by Luster N.V.
Breaches by Dama N.V.
Dama N.V. operates multiple gambling platforms, including SpinsUP, Rebellion Casino, MoonWin, Lucky Friends, Golden Star Casino, and N1 Bet. These platforms were found to be operating without the necessary licences under the IGA, meaning they were providing prohibited gambling services to Australian customers.
The formal warning issued to Dama N.V. under section 64A of the IGA cites a breach of subsection 15(2A), which prohibits the provision of gambling services to Australian customers without a licence. These platforms were accessible to Australian users, meaning they were in violation of the law.
Breaches by Luster N.V.
In a separate case, Luster N.V. was warned for operating the Eddy Vegas platform, which also provided unlicensed gambling services to Australian customers. The Eddy Vegas platform was available via the URL www.eddyvegas.com and offered casino-style games, which violate the IGA’s stipulations about prohibited interactive gambling services. The investigation into Luster N.V. confirmed that the platform had an Australian customer link, thus violating the IGA.
Consequences of non-compliance with IGA
According to the IGA, a gambling service is considered to have an Australian customer link if any of the service’s customers are physically present in Australia. This provision ensures that gambling platforms are subject to Australian regulations when offering services to Australian residents, even if they are based abroad.
In the cases of Dama N.V. and Luster N.V., ACMA issued formal warnings; however, continued infractions could allow for a bigger penalty. This penalty is meant to protect Australian consumers from the risk of unregulated gambling.
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