Slade Brockman (WA, Deputy-President) | Hansard source

I will now deal with the amendments circulated by the Jacqui Lambie Network. The question is that the amendments on sheet 3970 be agreed to.

Jacqui Lambie Network's circulated amendments—

(1) Clause 2, after table item 2, insert:

(2) Before Schedule 5, insert:

Schedule 4D — Regulating gambling like elements in computer games

Classification (Publications, Films and Computer Games) Act 1995

1 Section 5

Insert:

in-game purchase, in relation to a computer game, means a purchase made within the computer game:

(a) using real world currency; or

(b) using in-game virtual currency, items or credits that can be purchased using real-world currency.

linked to elements of chance has a meaning affected by subsection 9B(2).

loot box, in relation to a computer game, means a virtual container, however described that rewards a player of the computer game with an in-game digital item, where the exact reward the player is to receive is not disclosed to the player prior to receiving the virtual container.

Note: Loot boxes may be known by other names in the computer game industry including but not limited to prize crates and card packs.

simulated gambling has the same meaning as in the Guidelines for the Classification of Computer Games 2023.

2 Section 9

After "section 9A", insert "or section 9B".

3 After section 9A

Insert:

9B Minimum classification for computer games with gambling like elements

Computer games with gambling like elements must be classified R 18+

(1) Subject to section 9A, a computer game must be classified R 18+ or a higher classification if the computer game contains, or allows access to:

(a) an in-game purchase linked to elements of chance; or

(b) simulated gambling.

(2) For the purposes of paragraph (1)(a), an in-game purchase is linked to elements of chance if the exact good, service or reward that a person will receive from the in-game purchase is not disclosed to the person before the in-game purchase is made.

Example: If a computer game contains a loot box that may be purchased in-game, the computer game contains an in-game purchase linked to elements of chance.

(3) In determining whether a computer game contains, or allows access to, an in-game purchase linked to elements of chance (the purchase), it is immaterial whether:

(a) the computer game may be played without making the purchase; or

(b) the goods, services or rewards that can be received from the purchase have monetary value outside of the game; or

(c) a person knows what some or all of the possible goods, services or rewards the person could receive from the purchase are; or

(d) the probability that the person will receive a particular good, service or reward from the purchase is disclosed; or

(e) each of the goods, services or rewards that a person could receive from the purchase are of equal value; or

(f) the computer game is supplied to users for free.

4 Application

The amendments made by this Schedule apply in relation to classification decisions made on or after the commencement of this item.

Question negatived.

Senator David Pocock.