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Bipartisan deal on gambling includes a review after three years

  • Written by: Weekend Times

Federal parliament is finally rushing through a package of gambling reforms, after a deal between the government and opposition that includes a review of the operation of the measures after three years.

The government agreed to somewhat toughen its original plan with changes that include banning inducements for 90 days after Bet-stop deregistration, an extension of the live sport blackout to 15 minutes before a game, and a ban on commissions for any staff or agent or affiliate of gambling companies.

Other changes agreed to include:

  • moving the start time of broadcast restrictions from 6am to 5am

  • maintaining current gambling advertising restrictions on live sport on online streamers, even with triple lock

  • making the gambling industry pay for global opt-out register and inducement enforcement

  • mandating compliance with the global opt-out register for online advertisers

  • ensuring opt-out must be prominent and impose tougher penalties when it is not

  • banning direct marketing to red-flagged customers

  • legislating a ban on ads in programming targeted at children

  • banning direct marketing 14 days after account sign up

  • allowing broadcast rules for online simulcasts and provide targeted exceptions for racing events

  • banning illegal ads on social media and provide ACMA with take-down notice powers.

The legislation starts from January 1.

The review after three years was pressed for by shadow assistant minister for finance Simon Kennedy, who has taken much of the public lead for the opposition in pushing for the legislation to be strengthened.

But the changes did not go far enough for some in the Coalition.

Six raised concerns in the Coalition joint parties meeting. Three – former frontbencher, senator Paul Scarr, former speaker Andrew Wallace and Pat Conaghan – reserving their right to cross the floor.

Later, after Prime Minister Anthony Albanese spoke on the revised legislation in the House of Representatives, Wallace and Conaghan initially crossed the floor on the Coalition’s amendments.

Conaghan, a Nationals backbencher and former deputy chair of the seminal parliamentary inquiry into gambling under the late Peta Murphy, attacked the measures as not going far enough.

He told the media: “The best thing that Labor could do is implement the report in full”.

Wallace told News24 there was a need to break the nexus between the sports gambling companies and sport.

He said in a statement it was the first time he crossed the floor in his decade in parliament.

“I respect my Coalition colleagues and I respect the decision reached by the party room, but ultimately I have to be able to look the people I represent in the eye and explain the vote I cast. I also have to be able to look myself in the mirror.”

Shadow communications minister Sarah Henderson said: “The Coalition has worked constructively to strengthen Labor’s bill. We have secured tougher protections where they are needed, while making sure these laws remain practical, proportionate and respect personal responsibility.”

Independent MP Andrew Wilkie, a long-time campaigner for strong controls on gambling, accused the government and opposition of teaming up “to protect the interests of the gambling lobby yet again.

"Minor tweaks and piecemeal amendments to this bad bill won’t address the wave of gambling harm washing over this country. It won’t protect children. It won’t break the nexus between gambling and sport. It won’t stop the suicides,” Wilkie said.

The agreement on gambling followed meetings last week between Albanese and Opposition Leader Angus Taylor.

Albanese told parliament: “This new legislation is the most significant gambling advertising reform by any Australian government ever.

"It increases protections for people most at risk of gambling harm, while continuing to allow those who enjoy a bet to do so. And Australians will be better protected from inducements and direct marketing.”

The gambling deal was part of a wider set of agreements to push through legislation this week on the NDIS and the media bargaining incentive.

The opposition insisted the government immediately pass its backtrack on the so-called “widow tax” as a trade off for facilitating the passage of the NDIS.

The “widow tax” refers to an oversight in the previous tax reform legislation which means that for properties that are jointly owned, for example by a husband and wife, if one dies or they get divorced the grandfathered negative gearing or CGT tax benefit disappears.

The new change will ensure that for properties jointly owned on or before budget night, people get to keep the generous negative gearing and CGT benefits in the case of death or divorce.

Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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