Australian Communications and Media Authority Clears Tabcorp Tap in-play Service After Investigation
Australia’s gambling regulator has formally ruled that Tabcorp’s Tap in-play model does not breach the Interactive Gambling Act 2001 (IGA), concluding a closely watched investigation into the legality of digital in-venue betting functionality.
ACMA Investigation Outcome
The Australian Communications and Media Authority (ACMA) conducted an own-motion investigation under the Interactive Gambling Act 2001 into whether Tabcorp Holdings Limited’s Tap in-play service contravened subsection 15(2A) of the Act. In its formal investigation report, ACMA concluded that the service is not a prohibited interactive gambling service.
ACMA determined that while the service met the definition of a gambling service provided via an internet carriage service under subsection 5(1), it ultimately qualifies as a place-based betting service under section 8BA of the Act.
The regulator concluded that Tap in-play does not constitute a prohibited interactive gambling service.
Legal Assessment Under the IGA
The decision hinged on whether the service was genuinely confined to customers physically present at licensed venues and whether the required betting infrastructure was venue-based, thereby satisfying the statutory test for the place-based betting exemption.
Under the Tap in-play model, customers build an in-play bet through the TAB App while inside a licensed venue and confirm the wager by tapping a designated station located on-site. ACMA assessed whether this structure aligned with both the technical wording and legislative intent of the IGA.
Balancing statutory interpretation with operational safeguards, ACMA concluded that the preferable construction of the law is that Tap in-play falls within the place-based exemption framework.
Harm Minimisation Considerations
A central factor in the ruling was Tabcorp’s 24/7 Real Time Intervention strategy, which uses algorithmic monitoring to identify and respond to indicators of gambling harm in real time.
ACMA noted that these safeguards exceed traditional oversight measures applied to electronic betting terminals. The regulator’s emphasis on harm minimisation signals that enhanced monitoring frameworks may become a baseline expectation for future digital retail wagering models operating within licensed venues.
Regulatory and Commercial Implications
The ruling provides important regulatory clarity for operators exploring hybrid retail-digital betting models in Australia. It also arrives amid sustained enforcement activity, with ACMA continuing to target non-compliant offshore operators, including its recent action to block more than 1,500 illegal gambling websites. It reinforces that in-play functionality can operate within the IGA where wagering remains structurally tied to a physical venue and supported by appropriate consumer protection controls.
For operators, the decision outlines a clearer compliance pathway for in-venue digital innovation, while simultaneously drawing a firm boundary between place-based betting services and remote online in-play betting, an area where enforcement action has previously resulted in penalties, including ACMA recent fine against Tabcorp over online in-play breaches.
As retail wagering evolves, the ACMA’s interpretation is likely to serve as a reference point for future technology deployments seeking to integrate app-based functionality within licensed premises.
