Australia’s online keno ban has been delayed after Lottoland-owned KenoGo secured a Supreme Court injunction, allowing operators to continue offering the game beyond the planned 1 January 2027 implementation date.
The injunction was granted on 22 October by Justice David Hammerschlag, following an unopposed application from KenoGo. The court agreed to postpone the ban until the operator’s constitutional challenge has been resolved. The ruling affects all three online keno operators currently active in Australia, although the planned restrictions on land-based keno remain unchanged.
The government had intended to prohibit online keno from 1 January as part of measures addressing gambling-related harm. The legal challenge focuses on Section 92 of the Australian Constitution, which protects interstate trade and commerce.
KenoGo Challenges Distinction Between Online and Land-Based Games
KenoGo argues that the legislation unfairly treats online and venue-based keno differently. Under the proposed rules, cross-border online keno would become illegal, while similar games offered within physical venues could continue operating.
The company maintains that the distinction amounts to commercial protectionism designed to benefit pubs and clubs. It also argues that the risks associated with fast-paced keno are linked to the game’s mechanics rather than the channel through which it is played.
As an alternative to a complete online prohibition, KenoGo has proposed measures such as spending limits and self-exclusion tools. It also argues that if the government considers rapid-play keno harmful, restrictions should apply equally to land-based versions.
The Australian government has rejected this position, arguing that online and venue-based products are different and that the legislation is intended to protect consumers rather than commercial interests.
Legal Challenge Could Affect Australia’s Keno Market
The case has already encountered procedural difficulties. On 5 November, KenoGo failed to secure access to documents held by political advisers to the prime minister and communications minister. The government argued that the material was irrelevant to the constitutional proceedings and that disclosure would delay the case.
The outcome is particularly important for Australia’s three online keno operators: Lottoland, The Lottery Corporation and Annexio Australia.
The Lottery Corporation has already recognised the financial implications of the expected prohibition, recording a A$57 million (€35.1 million) impairment against its ACT keno licence in its FY2026 financial statements.
The constitutional challenge will now determine whether the government can proceed with its planned distinction between online and land-based keno.
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