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QUT Law & Justice Journal Vol 4 No 1 2004

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  * The Prohibition of Online-Casinos in Australia
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ISSN 1445-6249

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Abstract

THE PROHIBITION OF ONLINE-CASINOS IN AUSTRALIA: IS IT WORKING?

Andrew Essa*

The Federal Government’s review of the Interactive Gambling Act 2001 (Cth) will be released later in 2004. It is anticipated that the prohibition model implemented by the Act should be able to be effectively evaluated given that the Act’s complaints scheme commenced on 11 January 2002. This should answer the question of whether prohibition is working. This article seeks to answer that very question. Preliminary online research of consumer gaming activity was utilised to develop an assumption that prohibition is not working. A key reason for this is the futility of prohibition given the unique nature of Internet technology. This article will also critique Government motives for prohibition, as arguably, the best approach to deal with interactive gaming was not implemented. The relevant question for public policy appears to be not whether online gambling can be controlled, but the extent to which it can be controlled.

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