ACMA Clears Tabcorp’s Tap In-Play Betting Service

Australia’s national media regulator has confirmed that Tabcorp’s Tap in-play betting service does not breach federal interactive gambling laws, giving the wagering operator an important regulatory win.

The Australian Communications and Media Authority (ACMA) concluded that the service falls within an existing exemption under the Interactive Gambling Act 2001 (IGA). In its final investigation report, the regulator stated that the Tap in-play service is not a prohibited interactive gambling service under subsection 15(2A) of the Act.

The decision follows a detailed review into whether the in-venue betting product contravened Australia’s long-standing restrictions on online in-play wagering.

How the Tap In-Play System Works

Tabcorp’s Tap in-play service is designed for customers physically present inside licensed venues. Using the Tabcorp TAB app, customers can build live, in-play bets on their smartphones.

However, instead of completing the wager online from anywhere, they must finalise the transaction by tapping their phone against a dedicated Tap in-play terminal located inside the venue.

Under federal law, most forms of online in-play betting are prohibited. The IGA restricts such wagering to phone betting or bets placed in person at licensed premises, either over the counter or through electronic betting terminals.

The key question for regulators was whether combining a mobile app with an in-venue terminal effectively amounted to prohibited online betting, or whether it remained compliant under the Act’s “place-based” exemption.

Place-Based Betting Exemption Applies

The ACMA determined that Tabcorp’s system meets the definition of a “place-based betting service” under section 8BA of the Act. That provision, introduced in 2017, clarified that in-venue in-play betting using electronic betting terminals is permitted.

According to the regulator, while Tap in-play uses newer technology, it operates within the same legal framework as traditional electronic betting terminals already installed in licensed venues across Australia.

In its report, the ACMA described the interpretation as “finely balanced,” particularly given the Act’s harm minimisation objectives. Ultimately, however, it found that the preferable legal construction was that the service does not constitute a prohibited interactive gambling service.

The ruling confirms that as long as bets are completed inside a licensed venue, the service remains within federal law.

Harm Minimisation Remains Central

The ACMA emphasised that in-play betting carries higher risks for people vulnerable to gambling harm. The Interactive Gambling Act limits in-play wagering to physical venues specifically so that behaviour can be monitored by trained staff.

As part of its assessment, the regulator examined Tabcorp’s Real Time Intervention (RTI) system. The RTI framework continuously monitors betting activity and identifies customers who may be showing signs of gambling harm while they are actively wagering.

The ACMA noted that the protections embedded in the Tap in-play service are stronger than those currently applied to traditional electronic betting terminals. This finding was an important factor in the regulator’s decision.

However, the authority made clear that ongoing monitoring will continue. Tabcorp must report regularly on the operation of its RTI system, including updates and any incidents involving Tap in-play users.

Rollout Not Automatic

While the ruling provides clarity at the federal level, it does not automatically grant Tabcorp approval to expand the service nationwide.

The ACMA stressed that its decision applies only to Tap in-play operations within licensed Tabcorp venues. Any broader rollout will require approval from individual state and territory regulators.

If further approvals are granted, the regulator said it will closely monitor the service’s implementation.

A Legal Boost Amid Recent Scrutiny

The decision comes at a time of heightened regulatory scrutiny for wagering operators.

Earlier this month, the ACMA fined Tabcorp $158,400 for allowing online in-play betting on 32 tennis matches over a 16-month period. The breach was attributed to a third-party provider failing to close markets on time.

ACMA member Carolyn Lidgerwood said operators cannot outsource their legal responsibilities, warning that delays in identifying and fixing compliance issues were concerning.

Tabcorp has since entered into an enforceable undertaking requiring it to review and strengthen its systems and processes. The company also faces the prospect of Federal Court action if it breaches the rules again.

Against that backdrop, the Tap in-play clearance offers a measure of regulatory certainty for Tabcorp’s retail-focused strategy under chief executive Gillon McLachlan.

Strategic Implications

The ruling potentially strengthens Tabcorp’s competitive position in the in-play betting market. If approved across additional jurisdictions, the service could give the operator an advantage over corporate bookmakers that remain limited by online in-play restrictions. This is particularly relevant for players who play at online casinos that also offer sports betting, where having both verticals under one platform can simplify account management and promotions.

At the same time, the ACMA’s language makes clear that harm minimisation remains central to the legal framework. Any expansion of in-venue mobile betting will be closely watched.

For now, the regulator’s decision clarifies that venue-based, tap-to-confirm in-play betting, when completed inside licensed premises, fits within the boundaries of Australia’s federal interactive gambling laws.