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Kalshi has imposed strict protocols for customer sign-up, which includes proof of US residency, along with a US tax identification number. The operator also requires traders to complete a robust know-your-customer check before trading on its site.

Per a nine-page member agreement issued by Kalshi in June, users are required to acknowledge that they are prohibited from trading on event contracts if domiciled in roughly three dozen countries. Australia, by way of the ASIC ban, received inclusion on the list. Under the agreement, Kalshi reserves the right to deny users access to its platform in the restricted jurisdictions.

In a statement released in August, ASIC Commissioner Alan Kirkland wrote that users who opt to engage with overseas operators may miss out on “protections” afforded to them on Australian soil. Another regulator, the Australian Communications and Media Authority, banned Polymarket from operating nationwide in 2025. According to the agency, Polymarket violated the Interactive Gaming Act of 2001 by accepting in-play betting on sports events.

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Committee Chair Lord Ponsonby of Shulbrede highlighted that, since 2020, the growth of online marketing techniques and associated harms have shifted the debate substantially.

“The time was right to reassess this crucial policy area, focusing on the topic of gambling advertising where the former committee’s strong recommendations have been largely unaddressed and where substantial developments in the gambling advertising landscape since 2020 have demanded a re-evaluation of the policy options,” he said.

The committee has advocated for applying a public health framework to gambling advertising regulation. It criticised the existing patchwork of self-regulation, noting the Advertising Standards Authority (ASA) codes, co-regulation for broadcasts and industry-led voluntary measures, were inadequate.

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In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

Bergin also emphasized that the tribe had formally notified Interior twice about its launch timeline for the Preview Casino, providing regular progress updates without ever receiving a directive from federal officials to halt the project.