Online poker Australia: is it legal and where can you play?

Key facts

No Australian licence exists for real money online poker. ACMA lists 'casino-style games (like poker, blackjack and roulette)' among illegal online services.
Skill does not create an exemption: the Interactive Gambling Act's definition of a gambling service covers games of chance 'or of mixed chance and skill' played for money.
Since 13 September 2017, providing a prohibited service to Australians has carried a civil penalty of 7,500 penalty units for each day it continues.
The offence is the provider's, not the player's, but offshore poker sites come with no Australian protections if a withdrawal is refused.
Poker is legal in person in some settings, for example inside Queensland's four casinos under the Casino Control Act 1982.

Is online poker legal in Australia?

Real money online poker cannot legally be offered to people in Australia. ACMA, the federal regulator, lists "casino-style games (like poker, blackjack and roulette)" among the online services that are illegal here, and there is no Australian licence a poker site could apply for. Any site dealing real money poker to Australians is doing so from offshore, outside Australian law.

Poker setting	Legal in Australia?
Real money online poker (cash games or tournaments)	No: prohibited interactive gambling service
Free online or app poker with no prizes	Yes, but games with simulated gambling are rated R 18+
Poker in a casino, in person	Yes, where the state allows it (for example, Queensland's four casinos)
Poker for money in other public places	Depends on state law; in Queensland it may be an unlawful game

This page explains the law in plain English. It is not legal advice.

Why skill does not get poker off the hook

Poker players often argue that poker is a game of skill and should not count as gambling. The law has an answer for that. The Interactive Gambling Act 2001 defines a gambling service to include a service for a game where the game is played for money or anything else of value, "the game is a game of chance or of mixed chance and skill", and the customer pays to play or enter.

Poker is the textbook mixed game: skill decides a lot over many hands, chance decides a lot in any one. Either way it is inside the definition, and offering it online for money to people in Australia is prohibited unless it falls into an excluded category. Licensed sports and racing betting and lotteries are excluded; poker is not.

What changed in 2017

Enforcement was tightened in 2017. The Interactive Gambling Amendment Act 2017 received assent on 16 August 2017, and its main changes started on 13 September 2017. Among them, a new civil penalty: a person must not provide a prohibited interactive gambling service with an Australian-customer link, with a civil penalty of 7,500 penalty units, counted separately for each day the contravention continues.

The criminal offence in section 15 of the Act sits alongside it, at up to 5,000 penalty units. Since November 2019, ACMA has also been asking Australian internet providers to block illegal gambling and affiliate websites; by 24 September 2026 it reported 1,822 sites blocked.

Online poker Australia real money: what it means for players

The offences are aimed at providers. An official review of the Interactive Gambling Act said it "does not make it an offence for Australian customers to access and use prohibited interactive gambling services". That does not make an offshore poker site safe to use:

No Australian regulator. If a site freezes your account or refuses a withdrawal, ACMA says Australian regulators will not be able to help.
No BetStop. The national self-exclusion register covers licensed Australian wagering, and BetStop says it does not apply to online casino games or other illegally provided services.
Blocking. A site can disappear behind an ACMA block, and access to your balance with it.
No Australian dispute body. Your only recourse is the operator and whatever offshore authority it names.

For the full legal picture across pokies and casino games, read are online pokies legal in Australia.

Where you can play poker legally

In a casino. Queensland's government says poker "can be lawfully played within Queensland's 4 casinos", under the Casino Control Act 1982 and the Casino Gaming Rule 2010. Our Texas holdem and Omaha poker guides walk through the rules from the Queensland and ACT casino rule books.

Elsewhere in person. Queensland warns that poker involving gambling in a public place, outside its casinos, "may constitute an unlawful game" under the Criminal Code, and that licensed venues must not allow unlawful betting. Other states have their own rules, so check with your state regulator before joining a pub game for money.

Free poker. Apps and sites with no money prizes are legal. Since 22 September 2024, computer games containing simulated gambling are classified R 18+ in Australia.

The maths: what the house takes in poker

In poker you play against other players, not the house, so there is no house edge on the cards. The cards still have fixed odds: our poker hand rankings page gives the exact chance of each hand, and poker odds covers outs and pot odds. The operator earns from fees instead, and the fees are the house edge.

Tournament fees. A $100 tournament advertised as "$100 + $10" costs $110, and only $100 goes into the prize pool.

Buy-in plus fee	Share of your money that goes to the house
$100 + $10	9.1%
$50 + $5	9.1%
$20 + $3	13.0%

If every player in a $100 + $10 event were equally skilled, each would get back, on average, $100 of every $110 spent. An average player loses the fee every time.

Cash game rake. In cash games the house takes a cut from pots. As an illustration only: if a table takes 5% of each pot and plays 30 hands an hour with an average pot of $40, the rake is $60 an hour, shared by everyone at the table.

Pundit tip: in poker, the fee is the only guaranteed winner. Compare games by what the house takes per hour, not by the size of the prize pool.

Poker compared with other casino games

Because the fee comes out of player money, poker suits players who are better than the people they play against, and costs everyone else. Games against the house are simpler: the edge is fixed by the rules. Three card poker and video poker are poker played that way, with a house edge you can calculate. Our casino games guide compares them. If poker or any other gambling is costing more than you planned, free and confidential support is listed on our gambling help australia page.

Frequently asked questions

Is online poker legal in Australia?

Not for real money. Online poker is a casino-style game that cannot legally be offered to people in Australia under the Interactive Gambling Act 2001, and ACMA names poker among illegal online services. No Australian licence is available for it.

Is it illegal for me to play online poker in Australia?

The Act's offences target providers. An official review of the Interactive Gambling Act said it does not make it an offence for Australian customers to access and use prohibited services. You are still playing without Australian protections, and ACMA warns players risk losing their money.

Why is poker banned online if it is a game of skill?

Because the law does not require pure chance. The Interactive Gambling Act defines a gambling service to include a game played for money that is 'a game of chance or of mixed chance and skill'. Poker involves both, so it is covered.

Where can I play poker legally in Australia?

In person, where state law allows it. In Queensland, for example, the state says poker can be lawfully played within its four casinos, while poker for money in other public places may be an unlawful game. Free poker apps with no prizes are legal but classified R 18+ as simulated gambling.

Do you pay tax on poker winnings in Australia?

For recreational players, generally no. The ATO does not treat betting and gambling wins as assessable income unless you are carrying on a gambling business. That rule does not make offshore poker sites legal to offer.