Supreme Court delays Australia's online keno ban during constitutional challenge
Regulation1 min read
The Supreme Court granted KenoGo an unopposed injunction on 22 October, delaying Australia's online keno ban until its constitutional challenge concludes and allowing operators to trade beyond 1 January. KenoGo argues that distinguishing online from venue-based keno breaches Section 92 protections for interstate trade; the government says the products differ and the law aims to protect people.
Justice David Hammerschlag of Australia's Supreme Court granted Lottoland's KenoGo an unopposed injunction delaying the online keno ban until its constitutional challenge concludes.
The country's three online keno operators can keep operating after the ban's official 1 January implementation date; land-based keno is excluded. Those operators include Lottoland, The Lottery Corporation and Annexio Australia.
KenoGo is contesting the different treatment of keno played online and in venues under Section 92 of the Australian Constitution, which protects interstate commerce. The company argues that banning cross-border games while retaining venue-based keno is protectionist and that the law is intended to shield pubs and clubs commercially. It says the fast pace of both forms causes harm, not just the online version. As alternatives, it proposes banning fast-paced keno in venues or introducing safeguards such as spending limits and self-exclusion.
Australia counters that online and land-based keno are distinct products, cross-border keno is uncommon and the law is meant to safeguard people rather than pubs.
KenoGo failed on 5 November to obtain documents held by political advisers to the prime minister and communications minister. The government said the documents were not relevant to the case and ordering their disclosure would delay proceedings.
The Lottery Corporation recognised an A$57m impairment of its ACT keno licence in FY2026 because of the anticipated ban.