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2010-2011-2012-2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
INTERACTIVE GAMBLING AMENDMENT (VIRTUAL CREDITS) BILL 2013
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator N Xenophon)
INTERACTIVE GAMBLING AMENDMENT (VIRTUAL CREDITS) BILL 2013
EXPLANATORY MEMORANDUM
Background
The purpose of this Bill is to ensure that gambling activities online are appropriately
captured by the definition of `gambling service' in the Interactive Gambling Act 2001.
The current definition does not cover activities where virtual items, which are purchased
using real money, are then used for gambling. In these cases, gamblers are essentially
betting with real currency but have no way to cash out their winnings as the game is not
considered to be a `gambling service' under the Act.
1. Short title
This clause is a formal provision and specifies that the short title of the Bill, once enacted,
may be cited as the Interactive Gambling Amendment (Virtual Credits) Act 2013.
2. Commencement
This clause provides for the commencement of the Act on the day that is 28 days after the
day the Act receives Royal Assent.
3. Schedules
This clause states that each Act specified within a Schedule to this Bill is would be
amended or repealed as set out by the provisions of the Bill.
4. Schedule 1
This Schedule amends section 4 of the Interactive Gambling Act 2001 to alter the
definition of `gambling service'.
The amendment alters subparagraph (e)(i) of the definition of gambling service to clarify
that `items of value' include virtual items that are purchased within, or in relation to, a
game. This will ensure that games allowing players to gamble with virtual items are
appropriately regulated.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Interactive Gambling Amendment (Virtual Credits) Bill 2013
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The aim of this Bill is to ensure that games where players can participate in gambling
activities using virtual items purchased with real currency are appropriately regulated as
`gambling activities'.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms, as it deals with the
regulation of online gambling activity for the purposes of consumer protection. It does not
limit the operation of or access to these games.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Senator Nick Xenophon, Independent Senator for South Australia
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