AUSTRAC, the anti-money laundering watchdog in Australia, will continue to give a prime focus on the gambling industry and won’t be cautious in taking action against companies that fail comply with their obligations, CEO Brendan Thomas said.

During a Keynote Address on the final day of the Regulating the Game conference in Sydney on Thursday, Thomas said it still has a lot of “activities” around the gambling industry in the works, even as it looks to conclude long-running actions against casino operator Star Entertainment Group and online operator Entain for various compliance failures.

More importantly, he promised that although AUSTRAC will work with industry to achieve appropriate outcomes, its patience has limits.

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“I’ve been the CEO of AUSTRAC for just over a year and I’m so proud of the work that we’ve done in that time to reduce the harms to our community. But while I’ve been working with the industry and our reporting entities to reduce that harm, AUSTRAC is not in the business of continuing to educate without action. It is important that businesses understand their legal obligations because I’m prepared to take strong and swift action where it is warranted,” he said.

“If you expect AUSTRAC to educate, educate, educate and then take action years later, you’re mistaken. If you think your business is too small to take responsibility for regulatory compliance, you’re also mistaken. Your services in the gambling industry have been subject to a regulatory regime for many years now and it is your responsibility to comply,” he added.

Noting that licensed operators in Australia face an ever-evolving risk landscape due to “the digitization of currency, financial systems that are more dispersed and complex, the need for more sophisticated customer verification processes, and greater competition in the rapidly expanding online gaming sector,” Thomas called on operators large and small to run thorough risk assessments in order to properly identify where the true risks of infiltration sit for each.

This, he explained, is in line with the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 that was passed in federal parliament last year.

The bill, which updated the previous act from 2006, adds a raft of new industries to AUSTRAC’s purview – namely real estate professionals, lawyers, accountants, trust and company service providers, and dealers in precious stones and metals – but also amends laws around how entities should comply with their obligations.

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“We’re trying to shift the way that we do regulation in our regulated industries away from pure compliance to a proper discussion about risk so that we can talk to you about what that risk actually is and then we can focus practically on what are the controls that are directly aimed at those risks rather than just ticking a bunch of compliance boxes. We aim to take the bureaucracy out of what we do and how we do it,” he said.

Despite promising to be tougher on those who fail to properly comply, Thomas said the agency also wants to improve its lines of communications with the industries it regulates.

“AUSTRAC is making some significant changes ourselves – establishing functions that are purely about establishing proper partnerships with our regulated industries,” he said.

“In the past we haven’t done that and we are committed to working in partnership with those industries that want to comply with the law. We will also be much more transparent and forward on what our legal position is on a whole range of different moves and we will be more up front about where we are seeing risks that affect our regulated industries.

“[But] there is no question on where [illegal] funds come from and how those funds are impacting Australians. There is the crime that leads to profits in the first place and then the reinvestment of those profits into more crime. At the worst end of the scale, we are talking about illicit drugs running, scams, child sexual exploitation and significant amount of human trafficking, so if you are in the gambling industry you have a pretty big obligation to help us combat these problems,” he added.

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The Victorian Gambling and Casino Control Commission (VGCCC) has appointed Ms Suzy Neilan, a highly experienced leader with nearly 20 years of senior executive expertise in both public and private sectors, as its new CEO.

Ms Neilan brings significant senior leadership experience in regulation, transformation and customer service, and a track record delivering large scale technology and legislative change programs in highly regulated settings.

Ms Neilan is the Executive Director, Strategy at the Environment Protection Authority Victoria (EPA), having held the position for over 3.5 years, including periods of Acting CEO. Prior to her current role, Ms Neilan had an extensive career in leadership and regulation positions within and with the Victorian public sector, as Executive Director, Service Delivery at the Victorian Building Authority, and General Manager, Infringement Management Enforcement Services at Tenix Solutions, managing the outsourced systems and services contract for the former Department of Justice.

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VGCCC Chair, Mr Chris O’Neill, said Ms Neilan would bring to bear many years of contributions to Australian communities and public sector accomplishments to the VGCCC.

“As the VGCCC enters the next phase of the program of transformation we began three years ago, Suzy’s experience leading digital and technology transformation, and her deep understanding of education, enforcement and compliance will continue to ensure the Commission is well placed to meet future challenges and ensure the integrity, safety and fairness of the gambling industry.

“Suzy’s commitment to achieving regulatory outcomes that benefit Victorians makes her a strong leader to support the Commission and head the agency’s executive leadership team.”

Mr O’Neill thanked Ms Annette Kimmitt AM for her leadership over the last three years, remarking that her stewardship of the VGCCC since taking up the inaugural CEO position in 2022 had been instrumental in the regulator’s evolution.

“Annette’s holistic vision and tenacious drive led the Commission’s transformation in its first years and with strategic focus, determined how we would work with the industry to ensure that our mandate to regulate in the public interest would be met.

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“On behalf of all at the VGCCC, I thank Annette for her exemplary service and dedication, and we wish her all the best for the future.”

Ms Neilan said she was looking forward to being part of the Commission’s continued evolution.

“I am excited by the opportunity to contribute to the VGCCC’s success and look forward to working with the dedicated and talented people at the VGCCC to make a positive difference for Victorian communities,” she said.

Ms Neilan will commence as CEO on 1 April 2025.

Foxtel Cable Television Pty Limited has breached gambling advertising rules during the broadcast of an AFL match between Port Adelaide and Essendon in April 2024.

An Australian Communications and Media Authority (ACMA) investigation found a virtual banner promoting a gambling operator that appeared during Foxtel’s coverage of the match failed to include an adequate responsible gambling message.

Under the subscription television code of practice, gambling advertisements, including banner ads, shown during broadcasts of live sport must be accompanied by a responsible gambling message.

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Authority member Carolyn Lidgerwood said if broadcasters are airing gambling advertisements during live sporting events, the responsible gambling message must be aired too.

“These messages must emphasise the potential harms and risks of gambling if it is not undertaken responsibly,” Ms Lidgerwood said.

“An ‘18+’ logo on its own is not an adequate responsible gambling message.”

Once the ACMA raised its concerns with Foxtel, the broadcaster acted quickly to ensure a responsible gambling tagline was added to the advertisement.

As a result of the ACMA’s investigation Foxtel has agreed to further staff training on the regulatory requirements around gambling advertisements. Foxtel will also report back to the ACMA on all the steps it is taking to ensure the gambling ads it broadcasts have sufficient responsible gambling messages.

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