Use of electronic devices in licensed venues
1.1
The Nick Xenophon Team (NXT) are concerned that provisions in the
Interactive Gambling Amendment Bill 2016 provide further opportunities for
licensed betting venues to offer electronic betting devices. Section 8BA of the
proposed amendment provides for venues to loan customers electronic equipment
for gambling use.[1]
The NXT has concerns that this bill allows for place-based electronic betting
through the introduction or expansion of electronic devices such as tablets and
smartphones, which provide for in-play betting, and allow fast betting
opportunities.
1.2
In the bill's Explanatory Memorandum, the definition of 'electronic
device' is not explained or expanded upon.[2]
This definition currently includes venue kiosks, but is not restricted to such
devices.
1.3
As raised by Bet365 in their submission, this amendment allows for the
expansion of the use of electronic devices including tablets and smartphones
with an in-play betting function within licensed betting venues.[3]
In response to our question on notice regarding concerns about the continued
availability of in-play betting, the Department stated that:
The 'place-based betting service' exemption in proposed
section 8BA is intended to permit betting services, including potentially
in-play betting services, to be provided on electronic equipment (which may
include easy betting terminals and/or tablets) made available to customers in
places such as TABs, casinos and clubs.[4]
1.4
In response to concerns raised by
Senator Kakoschke-Moore during a public hearing, the Department stated they
have in fact done no modelling to determine whether this amendment will lead to
an uptake of betting in venues, due to the increased availability of these
electronic devices:
Senator KAKOSCHKE-MOORE: Have you done any modelling to
anticipate the increase in uptake of betting in venues via the increased
availability of smartphones or tablets?
Dr Pelling: No, but I think the point is, as we have said,
this is about making sure that we clarify in the act that services which are
already available continue to be available where they are licensed by states
and territories in those sorts of venues.[5]
1.5
The NXT is concerned that it appears as if the amendment will expand the
opportunities for in-play betting, without addressing any of the concerns that
this may increase opportunities for gambling, and create faster betting
options.
Harm minimisation
1.6
In their submission, CrownBet and Betfair Australia described the bill
as being a step forward to ensuring that all Australian consumers are protected
by the same harm minimisation strategies as 'offered by the licensed and
regulated Australian wagering industry'.[6]
The NXT has concerns that as the current harm minimisation tactics used within
licensed venues are inadequate, these new strategies will be largely
ineffective.
1.7
During the public hearing, Senator Kakoschke-Moore asked the Department
whether they were satisfied that the harm minimisation strategies, which are in
place at hotels and pubs, are actually working. Dr Simon Pelling, a First
Assistant Secretary of the Department of Communications and the Arts, stated
that ensuring harm minimisation strategies are effective is a matter for the
states and territories.[7]
The NXT believes more can be done at a federal level to improve harm
minimisation.
1.8
In their submission, the Australian Hotels Association (AHA) also
regarded the bill as a vehicle to improve harm minimisation for consumers.[8]
It appears this amendment provides for the expansion of the gambling market as
more betting devices will be available for use within venues. We note it could
hardly be argued that the expansion of the gambling market would result in
better outcomes for problem gamblers, and people prone to gambling addiction.
1.9
NXT notes that when Senator Xenophon asked what responsible gambling
codes of practices the AHA rely upon to ensure that there are strategies to
deal with problem gambling, the representative from AHA was unable to name one.
It is concerning that the representative from AHA supports in-play betting
within licensed venues as he believes that current harm minimisation strategies
are effective, without being able to recall a guideline or code of practice:[9]
Senator XENOPHON:...Finally, there is always an issue about how
to deal with problem gambling and safeguards in terms of determining whether
someone is a problem gambler. Can you please provide on notice, given that this
is going to be a new service, the code of practice, the responsible gambling
code that you rely on or your training manuals for how you determine whether
someone within a venue has gambling problems and how you intervene? Presumably,
you have manuals.
Mr Ferguson: To clarify: betting in play in hotels is not a
new service. This has been occurring since 2001 and did not form part of
this review. The answer to the question would be that every venue has practices
in place that are often—
Senator XENOPHON: There is no uniform practice?
Mr Ferguson: It is state by state, territory by territory.
Senator XENOPHON: What about one or two jurisdictions, if you
can? Just point us to them and how they deal with it. That is all I ask.
Mr Ferguson: I do not have that with me.[10]
1.10
The lack of a definition for 'electronic devices' within the amendment
appears to provide an opportunity for gambling services to expand their
bet-placing opportunities within licensed venues, allow in-play betting within
an electronic device, and decrease waiting times to place bets.
1.11
The NXT are concerned about the impact these amendments might have on
problem gamblers, and the lack of protection the amendment provides. In our
experience working with problem gamblers, staff rarely intervene in betting
venues when they believe a customer is struggling to control their gambling.
These promoted 'harm minimisation' strategies rarely achieve their desired
results, and with the proposed expansion of betting devices within venues due
to this amendment, the NXT considers that this amendment is
problematic.
Senator Nick Xenophon
Senator for South Australia
Senator Skye
Kakoschke-Moore
Senator for South Australia
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