By Matt Hansen

27 August 2026

In our previous article, we reported that the Australian Government (Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts) had released an exposure draft of the Interactive Gambling Amendment (Gambling Reform) Bill 2026 (“Bill”), proposing significant changes to Australia’s interactive gambling framework under the Interactive Gambling Act 2001 (Cth) (“IGA”).

The Bill has now passed through both houses of Parliament as on 19 August 2026, and will become law from 1 January 2027.

However, the final version of the Bill contained some different language in respect of trade promotion activities compared the initial exposure draft. Instead of language that specifically calls out subscription-based services, the final Bill language takes a broader view on what constitutes a trade promotion gambling service.

As a reminder, Schedule 4 of the Bill outlined amendments concerning the trade promotion gambling services exemption under the IGA. The now-passed reforms in Schedule 4 clarify that for a trade promotion activity to qualify as a “trade promotion gambling service” under the IGA, and thus be exempt from its requirements, the following must apply:

1. The sole or primary purpose of the lottery or game must be for the promotion of trade;
2. The game or lottery must be incidental to the supply of goods or services by the provider of the trade promotion gambling service, or the person for whom the service is provided;
3. Entry into the game or lottery must not require the payment of any fee, other than a fee for goods or services at fair market value; and
4. Participating must not be provided on an ongoing or recurring basis as part of a system of continuous or repeated draws.

Any purported trade promotion activity that does not satisfy these requirements as of 1 January 2027 will not be regarded as a trade promotion gambling service, meaning it will be considered an “interactive gambling services” and, therefore, prohibited under the IGA.

Any businesses currently running such activities or considering entering into the market should carefully consider the structure and basis of their offering against these new requirements.

If you would like additional information on the above and how these reforms may impact you or your business, please contact one of our experts below. We can provide tailored advice to assist with reviewing your trade promotion lottery concepts, terms and conditions and related advertising materials, as well as general advice on compliance with trade promotion lottery regulations in all States and Territories.

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