Tap on – Tabcorp gets ACMA all clear on in-play, in-app, in-venue betting

Tabcorp has received the all clear from the national gambling regulator to further roll out its Tap in-play in-venue betting product, after it was determined it did not breach the federal Interactive Gambling Act.

The Australian Communications and Media Authority (ACMA) launched an investigation into the legality of the betting method after Tabcorp confirmed in May last year that it was trialling in-play betting on their own devices via the TAB app at two venues in NSW.

The trial was designed to determine the viability of the offering and was approved by NSW Liquor and Gaming. To activate the service, users had to tap their device against the Tap in-play station in a TAB venue.

Under the Interactive Gambling Act, in-play betting is only allowed over the phone or in-person at a venue, either over the counter or via an electronic betting machine.

ACMA has now found that the tap-on service meets the “place-based betting service” exception in section 8BA of the IGA.

That, in theory, gives Tabcorp the opportunity to roll out the solution across its venues in every state and territory except Western Australia. It would, however, need to get approval in those jurisdictions.

But the addition of the new option would give it a clear edge over its corporate bookmaking rivals in the untapped in-play betting market. It would also allow Tabcorp to capitalise on the retail-led strategy that has emerged since chief executive Gillon McLachlan was appointed in August 2024.

“The ‘place-based betting service’ exception was inserted into the IGA in 2017, clarifying that in-venue in-play betting using electronic betting terminals (EBTs) was allowed.” ACMA said.

“EBTs are currently located in Tabcorp venues across Australia. The Tap in-play service uses newer technology to provide a service that also falls within that exception.”

It clarified that venues needed to ensure betting behaviour could be monitored by suitably trained staff.

“The ACMA recognises that in-play betting can pose a high risk to people prone to gambling harm. The IGA limits in-play betting to services provided at venues that allow for a level of observation of gambling behaviour,” it said.

“In the course of its investigation, the ACMA noted that the protections in place for users of the Tap in-play service, which include a Real Time Intervention (RTI) strategy, are stronger than those for customers using current EBTs.”

ACMA has said it will closely monitor the impacts of the new service should it be further rolled out.

“Tabcorp will report to the ACMA on the implementation of RTI, including updates to the system, and any incidents that relate to customers using the Tap in-play service,” it said.

Coincidentally, ACMA confirmed earlier this month that it had fined Tabcorp $158,400 for offering in-play betting on tennis.

An ACMA investigation found Tabcorp allowed Australian punters to bet online in-play on 32 tennis matches over a 16-month period, with the wagering company blaming a third-party provider for the breach of gambling laws.

“While we understand that most wagering operators rely on third-party providers to close betting on sporting events, they cannot outsource their legal responsibilities,” ACMA’s Carolyn Lidgerwood said.

“The length of time it took Tabcorp to identify and then fix the problem was concerning and we expect Tabcorp to do better in the future.”

Tabcorp, which risks Federal Court action if it breaches the rules again, has entered into a comprehensive, enforceable undertaking requiring it to review its systems and processes.