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Interactive Gambling Amendment (Virtual Credits) Bill 2013

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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This clause states that each Act specified within a Schedule to this Bill is would be amended or repealed as set out by the provisions of the Bill.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.

 

 

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