What section 33H says
Section 33H of the Betting and Racing Act 1998 (NSW) makes it an offence to publish, or cause to be published, a gambling advertisement that offers an inducement to participate in a betting activity, to participate frequently, to open a betting account, or to refer another person.1 A "bonus bet for opening an account" is the plainest example of an inducement to open an account, which is why that phrase never appears on a NSW-facing screen.
The penalty is 100 penalty units for an individual and 1,000 for a corporation. A NSW penalty unit is $110, so the ceilings are $11,000 and $110,000.3 Liquor & Gaming NSW has enforced it: Betr paid $210,000 in 14 penalty notices8 and Unibet's operator was fined $60,000.9
Who it catches: the publisher, not the punter
Nothing in s.33H penalises the person who receives or uses a bonus bet. The offence is publishing. That includes the bookmaker, a media outlet, and a website like this one, which is why this ledger explains promo mechanics and never lists a live offer, a code or a "bet this, get that" amount. Liquor & Gaming NSW closes the obvious loophole in its guidance: "It is still a breach of the law if gambling advertising has a disclaimer that the inducement is not available to NSW residents."2
The bookmakers' answer is to write the exclusion into their terms and to hide offers from accounts registered in NSW. Sportsbet clause 2.1: "Offers are not available to residents of ACT, NSW, WA and SA".4 That covers the account, not the screen you happen to be looking at: residency is what the account was verified with.
State by state, from the terms
NSW isn't alone. Sportsbet's clause 2.1 excludes four states and territories from all offers and Victoria from account-opening offers; TAB's clause 64 names five where residents "may be ineligible to participate in a Promo" and sends you to each promo's own terms.5
| Where you live | Sportsbet clause 2.1 | TAB clause 64 | PointsBet |
|---|---|---|---|
| NSW | Excluded from all offers | May be ineligible | Per offer; eligibility reviewed by account |
| ACT | Excluded from all offers | Not named | Per offer |
| WA | Excluded from all offers | May be ineligible | Per offer |
| SA | Excluded from all offers | May be ineligible | Per offer |
| VIC | Excluded from account-opening offers | May be ineligible | Per offer |
| QLD | Not named | May be ineligible | Per offer |
| TAS, NT | Not named | Not named | Per offer |
PointsBet doesn't publish a state list in the help articles I read; it says promotional eligibility "can change over time based on myriad factors, such as account activity history and responsible gambling policies", and shows what you're eligible for in the Rewards section after login.
The law shapes what each bookmaker can show a NSW account; it doesn't change how a token pays once you have one. The comparison shows which bookmaker writes its state rules most plainly.
Compare the promo terms of Sportsbet, TAB and PointsBet →Sportsbet names the excluded states in clause 2.1; TAB names them in clause 64 and defers to each promo; PointsBet decides per offer and per account · 18+ · Gamble responsibly · Gambling Help Online 1800 858 858
What a NSW account can still use
Section 33H bans advertising an inducement. It doesn't ban bonus bets as a product, and tokens still reach NSW accounts by routes that aren't an advertised inducement to open an account or to bet. Sportsbet lists three ways bonus bets are issued: "weekly specials as advertised on-site", "personalized offers sent via email, SMS or in-app notifications", and "prizes for free games, such as tipping".6 Which of those a NSW resident sees is governed by clause 2.1 and the specific terms, and the answer in practice is that most don't. TAB's clause 64 leaves it to each promo.
What's unaffected: the odds, the markets, cash out, deposits and withdrawals, and the turnover rule, which applies to every deposit in every state. If a token does land in a NSW account, the arithmetic on the bonus bet page applies without change.
The 2026 federal reforms
NSW's rule is about to get federal company. The Interactive Gambling Amendment (Gambling Reform) Bill 2026 passed on 19 August 2026 and takes effect on 1 January 2027.7 Among its measures: betting ads banned during live sport between 6:00 am and 8:30 pm, no odds in ads, no celebrities or influencers, digital ads only to logged-in adults with an opt-out register, and a ban on paying staff or affiliates commissions based on customer activity. That last one is why this site takes only fixed commissions from bookmakers, never a share of what anyone loses; the how we earn page sets it out.
The NSW rule weighed up
What it does for punters
- No "open an account and get" pressure on NSW screens.
- Bookmakers must write their state exclusions into terms you can read.
- Enforced: six-figure penalties in published cases.
What it costs punters
- NSW, ACT, WA and SA residents get no offers at Sportsbet at all.
- The lists differ by bookmaker, so eligibility is a per-offer check.
- Sites that promise NSW sign-up bonuses are either wrong or breaking the law.
My verdict
If you're in NSW, take any page that promises you a sign-up bonus bet as a warning sign about the page, not as an offer. The bookmakers on this ledger say in their terms that NSW residents are excluded or may be, and the law says the site publishing the promise is the one at risk. What you can do is learn the mechanics, because a token that does reach you through a free game or a bet-linked promo pays exactly as described here. The comparison shows whose terms are plainest about it.
Questions punters ask
Are bonus bets illegal in NSW?
Using one isn't. Publishing an advertisement that offers a bonus bet as an inducement to open an account or to bet is, under s.33H. Bookmakers respond by excluding NSW residents from offers in their terms.
Can I get a bonus bet if I live in NSW?
Sportsbet's clause 2.1 excludes NSW residents from offers; TAB's clause 64 says NSW residents may be ineligible and refers you to each promo's terms. Bonus bets can still arrive as prizes in free games or as tokens tied to a bet already placed, depending on the promo's own terms.
What counts as an inducement?
s.33H names inducements to participate in a betting activity, to participate frequently, to open a betting account, and to refer someone else. A bonus bet for opening an account is the textbook example.
Does a NSW disclaimer make an ad legal?
No. Liquor & Gaming NSW says it is still a breach if the advertisement carries a disclaimer that the inducement isn't available to NSW residents.
What are the penalties under s.33H?
Up to 100 penalty units for an individual and 1,000 for a corporation; at $110 a unit that's $11,000 and $110,000. Betr paid $210,000 in penalty notices and Unibet's operator was fined $60,000, in cases published by Liquor & Gaming NSW.
Do other states have the same rule?
Sportsbet's terms also exclude ACT, WA and SA residents from offers and Victorians from account-opening offers, and TAB names QLD, SA, VIC and WA alongside NSW as states where residents may be ineligible.
Sources
- Betting and Racing Act 1998 (NSW), s.33H, publishing gambling advertisements with inducements — classic.austlii.edu.au/au/legis/nsw/consol_act/bara1998153/s33h.html, checked 25 September 2026.
- Liquor & Gaming NSW, Gambling advertising restrictions: wagering (a disclaimer that the inducement isn't available to NSW residents doesn't cure the breach) — www.nsw.gov.au/business-and-economy/liquor-and-gaming/gaming/wagering-regulation/gambling-advertising, checked 2 October 2026.
- Crimes (Sentencing Procedure) Act 1999 (NSW) s.17, a penalty unit is $110 — legislation.nsw.gov.au/view/html/inforce/current/act-1999-092#sec.17, checked 25 September 2026.
- Sportsbet Help Centre, Bonus Bet Offer Terms & Conditions, clause 2.1 excluded residents, rules dated 3 March 2026 — helpcentre.sportsbet.com.au/hc/en-us/articles/115004800447-Bonus-Bet-Offer-Terms-Conditions, checked 29 September 2026.
- TAB Help Centre, Promo T&Cs, clause 64 excluded jurisdictions — help.tab.com.au/bonus-bets-promotions/promo-t-cs, checked 29 September 2026.
- Sportsbet Help Centre, How Do I Receive Bonus Bets & Opt In To Receive Them? (weekly specials, personalised offers, prizes for free games) — helpcentre.sportsbet.com.au/hc/en-us/articles/18424937401613, checked 29 September 2026.
- Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts, gambling reforms 2026 (Interactive Gambling Amendment (Gambling Reform) Bill 2026, passed 19 August 2026, in force 1 January 2027) — www.infrastructure.gov.au/media-communications-arts/gambling, checked 25 September 2026.
- Liquor & Gaming NSW, Record fine for wagering company Betr over gambling advertisements (14 penalty notices totalling $210,000), 14 April 2023 — www.nsw.gov.au/business-and-economy/liquor-and-gaming/news/record-fine-for-wagering-company-betr-over-gambling-advertisements-1, checked 2 October 2026.
- Liquor & Gaming NSW, Unibet operator fined $60,000 for illegal advertising, 24 May 2023 — www.nsw.gov.au/business-and-economy/liquor-and-gaming/news/unibet-operator-fined-60000-for-illegal-advertising, checked 2 October 2026.