The Australian Communications and Media Authority (ACMA) has issued a formal warning to Winners Bookmaking, which trades as Betplay, after determining the operator failed to meet its obligations under the national self-exclusion framework.
According to the ACMA, a customer registered with BetStop – Australia’s National Self-Exclusion Register – on 5 September 2024. Under the Interactive Gambling Act, wagering providers must close accounts belonging to self-excluded individuals as soon as practicable. However, an ACMA investigation found the customer’s account remained open for a further 20 days.
The regulator noted that, based on the circumstances of the case, Winners Bookmaking should reasonably have closed the account by 12 September 2024. Records from the NSER and submissions from the operator confirmed the account was not closed until 25 September, resulting in 13 days of non-compliance.
In its formal warning, the ACMA said Winners Bookmaking had contravened subsection 61MB(5) of the Interactive Gambling Act, which requires licensed operators to close the accounts of registered individuals without delay. The authority emphasised that each day of non-compliance constitutes a separate breach.
The ACMA stated that while a formal warning is the appropriate outcome for this instance, any further breaches may lead to stronger enforcement measures, including financial penalties or proceedings in the Federal Court.
The regulator continues to monitor industry compliance with BetStop requirements, stressing that prompt and accurate self-exclusion processes are essential for consumer protection.
The beginning of the investigation revolved around alleged emails sent to the customer, after they had registered with BetStop and closed their account, encouraging them to bet at Winners Bookmaking.
While the email seemed to be linked to Winners Bookmaking, the email had grammatical errors and was ultimately unbranded. It also did not contain the footer featured in emails sent from the official account.
When asked for any evidence of the email being sent, the operator asked how “could Winners logically provide evidence of something not happening?”
It remains unclear who sent the email or how the customer's email address was obtained, and ACMA is unable to rule on the matter.
BetStop requires licensed wagering providers to check the register regularly and deactivate accounts promptly to prevent gambling-related harm
