The Australian Communications and Media Authority (ACMA) has secured a significant legal outcome against operators of prohibited online poker services, as the Federal Court imposed AU$24.24 million ($16.8 million) in penalties. The penalties target services operating under the names PPPfish, Shuffle Gaming, and Redraw Poker. Combined with a prior AU$5 million fine against Diverse Link Pty Ltd in March 2023, total penalties now amount to AU$29.24 million ($20.3 million).
Court Ruling Details
Brisbane Poker Pty Ltd was ordered to pay AU$15 million ($10.4 million), while individual promoters Rhys Edward Jones and Brenton Lee Buttigieg were fined AU$9 million ($6.25 million) and AU$240,000 ($166,700) respectively. The penalties follow findings that these entities and individuals provided prohibited interactive gambling services in violation of the Interactive Gambling Act 2001 (IGA).
Justice Rangiah doubled the penalty for Buttigieg, rejecting a joint proposal of AU$120,000 ($83,300) and citing general deterrence. The court noted that Buttigieg earned AU$44,400 ($30,800) from promoting the poker services through a private Facebook group, whereas Jones and Brisbane Poker profited approximately AU$7.2 million ($5 million).
In addition to fines, the court imposed five-year restraints: Jones is prohibited from offering prohibited interactive gambling services, and Buttigieg is barred from aiding or abetting such services. Brisbane Poker and Jones are also required to pay ACMA’s legal costs for the proceedings.
Background of the Case
The ACMA investigation began in April 2022, focusing on services that allowed players to gamble using virtual chips that could be purchased and converted into real money. These poker services were accessible to Australian residents, representing a breach of the IGA.
ACMA Chair Nerida O’Loughlin emphasized the broader implications of the ruling, stating in a press release: “This decision sends a clear warning that offering online poker to Australians is illegal and there are serious consequences for those who breach the law. Illegal gambling services put Australians at risk, and the ACMA will continue to take action against those who target these services at Australian consumers.”
The court’s decision reinforces the authority’s ongoing commitment to combating illegal gambling. It underscores the expectation that operators in high-risk sectors implement robust, risk-based systems to prevent criminal exploitation, particularly in online environments where transactions are rapid and often conducted without face-to-face oversight.
These penalties highlight ACMA’s strategy to deter illegal operators and protect Australian consumers from unregulated online gambling. The case demonstrates the regulator’s willingness to take firm enforcement action, even when the operations involve relatively small-scale individual promoters alongside larger corporate entities.
The ruling is expected to serve as a precedent for future cases and reinforce compliance expectations across the Australian online gambling sector. It also signals that the government and its agencies will maintain vigilance over interactive gambling services, ensuring that operators adhere strictly to the legal framework established by the Interactive Gambling Act 2001.