Liquor and Gaming NSW

​Topbetta convicted of illegal gambling inducements

Issued: Tuesday, 23 February 2016

​The NSW-based sportsbetting company, Topbetta, has been prosecuted by Liquor & Gaming NSW for publishing illegal advertising that offered NSW residents inducements to participate in gambling.

Topbetta, which is based at Lambton NSW and licensed by the Norfolk Island Gaming Authority, was convicted in Downing Centre Local Court on 22 February on three counts of publishing gambling advertising on its website between October 2014 and May 2015 that promoted "NO LOSE SATURDAY".

The promotions could be accessed by NSW residents and offered a refund on any losing bet up to a maximum of $100 for all wagers placed on certain horse racing events. The promotion was available to new "members" who joined and deposited money into a betting account during the promotional period.

The advertising breached NSW’s Betting and Racing Regulation 2012 which prohibits licensed wagering operators from publishing any advertising that offers NSW residents any inducement to participate in gambling activity or open a betting account.

Topbetta pleaded guilty to three counts of breaching the Regulation and was convicted and fined a total of $4,950 and ordered to pay professional costs of $11,000.

When sentencing Topbetta, Deputy Chief Magistrate Jane Mottley said there was a need to deter other operators from contemplating similar conduct.

The prosecution of Topbetta follows other recent Liquor & Gaming NSW convictions of other sportsbetting companies for publishing gambling inducements accessible to NSW residents including Unibet and Bet365 earlier this month; Ladbrokes in November 2015; and Sportsbetting.com.au Pty Limited and ClassicBet Pty Ltd in September 2015.

Liquor & Gaming NSW Director of Compliance & Enforcement Anthony Keon said: "These measures are in place in NSW to protect people from potential problem gambling. Advertising inducements can lure people into gambling including those who may not be in a position to afford it or those who are susceptible to problem gambling. Wagering operators that offer inducements to gamble to NSW residents will face regulatory action."

An industry fact sheet on the publication of gambling advertising in NSW is available here.

Suspect gambling advertising can be reported to Liquor & Gaming NSW for investigation on 02 9995 0837 or email complaints@olgr.nsw.gov.au