ACMA clears Tabcorp Tap in-play service under federal gambling law

Australia’s communications regulator has cleared Tabcorp’s Tap in-play betting service, ruling it does not breach federal interactive gambling law and opening the door to a potential nationwide rollout across licensed venues.

The Australian Communications and Media Authority (ACMA) published its final investigation report on 24 February 2026, concluding that the Tap in-play service qualifies as a “place-based betting service” under section 8BA of the Interactive Gambling Act 2001 (IGA). The investigation was launched in June 2025 following a trial approved by NSW Liquor and Gaming at two venues in New South Wales.

How the Tap System Works

The service allows customers physically present at licensed Tabcorp venues to construct a live in-play wager using the TAB mobile application. Once the bet is built on their smartphone, customers complete the transaction by tapping their device against a dedicated Tap in-play station installed inside the venue. That mandatory physical interaction with in-venue equipment was central to the regulator’s determination.

The ACMA found that the system’s reliance on venue-based hardware meant it does not constitute a prohibited interactive gambling service under subsection 15(2A) of the IGA. The section 8BA exemption was introduced in 2017 to clarify that in-venue in-play betting via electronic betting terminals (EBTs) remained permitted, even as the legislation tightened prohibitions on online in-play wagering. The regulator determined that Tabcorp’s Tap system, while using newer technology than traditional EBTs, operates within the same legal framework.

The regulator acknowledged the determination was not straightforward. The legislation did not specifically contemplate systems where a mobile app is used to build a wager before completion through minimal in-venue interaction. A central interpretive question was whether the service is available to “any” customer at the venue, given that users need a compatible device, the TAB app installed, and an active account. The ACMA concluded a broader reading of the legislation was the preferable construction, consistent with the Act’s intent.

Consumer Protection Conditions Attached

The ACMA’s clearance is conditional. Tabcorp is required to report regularly on the operation of its Real Time Intervention (RTI) system, including system updates and any incidents involving Tap in-play users. The RTI platform operates continuously and flags account holders displaying indicators of gambling-related risk, which the regulator assessed as providing stronger consumer protections than those currently applied to traditional cash-based EBTs.

The authority was explicit about the risk profile of in-play betting, stating that it “recognises that in-play betting can pose a high risk to people prone to gambling harm” and that the IGA restricts such wagering to physical venues specifically to allow observation of betting behaviour by trained staff. Ongoing ACMA oversight will continue if the service expands beyond its current trial configuration.

Any wider rollout beyond the existing venues also requires approval from individual state and territory regulators. Federal clearance under the IGA does not automatically authorise deployment across all Australian jurisdictions.

Context: A Simultaneous Fine for Online In-Play Breaches

The positive ruling arrived alongside separate enforcement action against the same operator. Also in February 2026, Tabcorp paid a $158,400 penalty to the ACMA after accepting 426 illegal online in-play bets that fell outside the place-based exemption. ACMA member Carolyn Lidgerwood described it as the third time since 2021 that Tabcorp had breached in-play betting rules.

“The law is clear and wagering services must have processes in place to prevent illegal in-play bets from being accepted,” Lidgerwood said. “The length of time it took Tabcorp to identify and then fix the problem was concerning and we expect Tabcorp to do better in the future.”

Tabcorp has entered into an enforceable undertaking requiring a review of its systems relating to the closing of betting on tennis matches, with regular reporting obligations to the ACMA. The company was warned it risks Federal Court action if the rules are breached again.

The twin outcomes illustrate the fine line Tabcorp is navigating. Its retail-led strategy under chief executive Gillon McLachlan, who was appointed in August 2024, centres on strengthening the TAB’s physical venue network. A compliant Tap in-play rollout would give Tabcorp a clear competitive advantage over corporate bookmakers in the untapped in-venue in-play market, which remains off-limits online for all Australian-licensed operators. The ACMA’s broader regulatory posture has become increasingly active across multiple product categories in recent months, reinforcing that operators seeking product innovation in Australia need to engage regulators early and build compliance infrastructure ahead of launch rather than after.

Source: ACMA