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Classification (Publications, Films and Computer Games) Amendment (Loot Boxes)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Transport & communications

What does this bill do?

Video games sold in Australia with paid random-reward features would have to be assessed with those features in mind during classification decisions.

Why was it introduced?

Paid loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. in games can mimic gambling, are popular with young players, and were not being considered in classification decisions or clearly disclosed to buyers. The bill requires the Classification BoardThe body that decides what rating a game gets and whether it needs consumer warnings. to assess those features, gives such games an adult-only or refused rating, and requires a warning for parents and guardians.

Broader context

Australia’s classification scheme did not require loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. to be weighed in game ratings or clearly disclosed, even as supporters of reform argued that paid random-reward features resembled gambling and were widely used in games played by children and teenagers. Andrew Wilkie introduced this bill on 28 November 2022 to force those features into classification decisions, require adult-only or refused ratings and add warnings for buyers, but after the bill dropped from the Notice PaperThe parliamentary list of business to be considered in the House; if a bill drops off it, it is not progressing. in 2023 the government instead pursued broader classification reforms that were announced in 2023 and commenced in 2024.

Key criticism

The main reservation recorded here is not a broad public campaign against regulating loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency., but that this bill's adult-only or ban-style approach went further than the government's later classification reforms. in publicly available sources provided, no party represented in the debate opposed the bill, and the clearest caution comes indirectly from the government's later choice of an M classification and warning labels instead.

Who supported it?

Andrew Wilkie MP introduced this bill. Speeches supporting it came from LNP, some crossbench members.

Introduced in House 28 Nov 2022
Failed in House 01 Aug 2023
Did not reach Senate —
Did not become law —

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

246 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. Video games sold in Australia with paid random-reward features would have to be assessed with those features in mind during classification decisions.

  2. Games with paid loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. would be restricted to adults or refused classificationThe most restrictive outcome, meaning the game cannot be legally sold or distributed in Australia., which would stop children buying and playing them legally.

  3. Games with loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. would need a clear warning so parents and guardians can spot paid random-reward features before buying.

  4. The bill would cover paid random-reward features in games, including when players first buy virtual currencyIn-game money bought with real money and then used to pay for loot boxes or similar features. with real money and then spend it on prize-wheel or box-style rewards.

  5. The new rules would apply only to games classified after the law started, not to games already classified earlier.

Show source excerpts
  1. This bill seeks to regulate how computer, video and online games which contain ‘loot boxes’ are classified.
    Classification (Publications, Films and Computer Games) Amendment (Loot Boxes) explanatory memorandum
  2. This bill remedies this by requiring the Classification Board to consider loot boxes when classifying a game. Further, the Board must set a minimum classification of R18+ or RC for games containing this feature, which will restrict children from purchasing and playing these games.
    Classification (Publications, Films and Computer Games) Amendment (Loot Boxes) explanatory memorandum
  3. The amendments also require a warning to be displayed when games contain loot boxes or similar features, so that they can be easily identified by parents and guardians.
    Classification (Publications, Films and Computer Games) Amendment (Loot Boxes) explanatory memorandum
  4. Loot boxes are defined as a feature of a computer game where digital containers of randomised virtual items, of varying value, can be obtained for consideration (subsection 9B(3)). Under this definition, the classification and consumer advice provisions only apply to loot boxes which require actual consideration to be paid to procure access to the feature, rather than capturing free or bonus features which don’t require real currency to be paid. This includes circumstances where virtual currency has been purchased using real money, which is then used to buy the loot box. It is intended this definition is wide enough to capture features with a randomised reward function even when strictly not a ‘box’ or a ‘crate’, for example a virtual prize wheel.
    Classification (Publications, Films and Computer Games) Amendment (Loot Boxes) explanatory memorandum
  5. The amendments do not apply retrospectively and are only applicable to computer games classified after the bill comes into force.
    Classification (Publications, Films and Computer Games) Amendment (Loot Boxes) explanatory memorandum

Context

Broader context for this bill

Australia’s classification scheme did not require loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. to be weighed in game ratings or clearly disclosed, even as supporters of reform argued that paid random-reward features resembled gambling and were widely used in games played by children and teenagers. Andrew Wilkie introduced this bill on 28 November 2022 to force those features into classification decisions, require adult-only or refused ratings and add warnings for buyers, but after the bill dropped from the Notice PaperThe parliamentary list of business to be considered in the House; if a bill drops off it, it is not progressing. in 2023 the government instead pursued broader classification reforms that were announced in 2023 and commenced in 2024.

  1. 28 Nov 2022

    Andrew Wilkie introduces a bill targeting loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. in games

    The bill was introduced to make the Classification BoardThe body that decides what rating a game gets and whether it needs consumer warnings. consider paid loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency., impose at least an R18+An adult-only classification that would stop children legally buying or playing the game. or RCThe most restrictive outcome, meaning the game cannot be legally sold or distributed in Australia. rating for affected games, and require a warning for parents and guardians.

    Parliamentary timeline ↗
  2. 28 Nov 2022

    Second reading speech says loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. act as a gateway to gambling for children

    In the House, Wilkie argued that loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. involved paying money for a chance-based reward and were routinely being experienced by children and adolescents across Australia.

    Hansard ↗
  3. 30 Mar 2023

    Government announces first-stage classification reforms for gambling-like game content

    The government said the first stage of National Classification SchemeAustralia's system for rating and warning about films, games and other content. reform would address concerns about gambling-like content in computer games and improve classification information across platforms.

    Department of Infrastructure ↗
  4. 17 May 2023

    New computer game classification guidelines are published

    Updated 2023 guidelines were released as part of the classification reform process, providing the framework for how computer games would be assessed under the modernised scheme.

    Department of Infrastructure ↗
  5. 01 Aug 2023

    Loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. bill is removed from the Notice PaperThe parliamentary list of business to be considered in the House; if a bill drops off it, it is not progressing.

    The private member’s bill did not progress to passage and was formally removed from the House Notice PaperThe parliamentary list of business to be considered in the House; if a bill drops off it, it is not progressing. under standing order 42A House rule used here to remove the private member's bill from the Notice Paper..

    Parliamentary timeline ↗
  6. 15 Mar 2024

    First-stage classification reforms commence

    The government’s first-stage reforms to the classification scheme began operating, with ministers saying they were intended to keep classification reliable for Australians, especially when children are choosing content.

    Department of Infrastructure ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 28 Nov 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 28 Nov 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Removed from the Notice PaperThe parliamentary list of business to be considered in the House; if a bill drops off it, it is not progressing. in accordance with (SO 42) 01 Aug 2023

The bill reached this recorded parliamentary step.

Key criticism

The main case against this bill

The main reservation recorded here is not a broad public campaign against regulating loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency., but that this bill's adult-only or ban-style approach went further than the government's later classification reforms. in publicly available sources provided, no party represented in the debate opposed the bill, and the clearest caution comes indirectly from the government's later choice of an M classification and warning labels instead.

No significant public case against the bill is recorded so far.

Bill may have gone further than later official reforms

A practical reservation is that the bill would have pushed games with paid loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. into adult-only access or refusal of classification, while the government's later national classification reforms took a narrower approach of requiring an M rating and clear warnings instead. That suggests concern about proportionality and how far the classification scheme should go, rather than opposition to regulating loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. altogether.

Raised by Implicitly raised by the Albanese government's later classification reform approach Source ↗

Further sources

infrastructure.gov.au ↗

Votes

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Andrew Wilkie

Independent • MP 28 Nov 2022

Andrew Wilkie supports the bill and wants it passed to restrict loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. in games because he says they expose young people to gambling-style harm.

Read in Hansard ↗
Lead supporting voice Supports

Andrew Wallace

Liberal National Party • MP 28 Nov 2022

Wallace supports the bill and says it is a sensible first step to protect children and other vulnerable Australians from loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency., which he describes as gambling-like and exploitative.

Read in Hansard ↗

All speeches by bloc

Coalition

1 speaker · 1 support

  1. Andrew Wallace ★ Wallace supports the bill and says it is a sensible first step to protect children and other vulnerable Australians from loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency., which he describes as gambling-like and exploitative.
    “It is a sensible start to introduce this bill to introduce age classifications, something that will protect our most vulnerable. I support the bill, and I congratulate the member for Clark for bringing it to the House.”

    Liberal National Party • MP • 28 Nov 2022

    Read the full speech in Hansard ↗

Minor parties and independents

1 speaker · 1 support

  1. Andrew Wilkie ★ Andrew Wilkie supports the bill and wants it passed to restrict loot boxesA paid game feature that gives the player a random virtual reward, often after buying with real money or virtual currency. in games because he says they expose young people to gambling-style harm.
    “The evidence is clear. The government needs to step up and regulate these practices so young people aren't exposed to these insidious gambling tactics within their video games. The potential for long-term harm is undeniable. The changes proposed in my bill will go a long way to ensuring this predatory in-game behaviour is no longer allowed to continue unchecked.”

    Independent • MP • 28 Nov 2022

    Read the full speech in Hansard ↗

Record

Full record

Full chat