Mandatory minimum classifications for computer games with gambling-like content

Updated guidelines for classifying computer games recently came into effect, introducing mandatory minimum classifications for games that contain gambling-like content.

The Guidelines for the Classification of Computer Games 2023 were issued pursuant to section 12(3) of the Classification (Publications, Films and Computer Games) Act 1995 (Cth) and developed following public consultation and discussions with key industry stakeholders.

The guidelines implement the following two mandatory minimum classification requirements:

• games containing in-game purchases linked to elements of chance (e.g. paid loot boxes) require a mandatory minimum classification of M (Mature – not recommended for persons under 15 years of age); and
  
  
• games containing simulated gambling require a mandatory minimum classification of R 18+ (Restricted – legally restricted to adults aged 18 years or older).

These mandatory minimum classifications apply to all classifications which take place on or after the commencement date of 22 September 2024. This includes where new computer games are classified for the first time, and where computer games that have been classified previously require reclassification (as outlined below).

In addition to the mandatory minimum classifications, other gambling thematic content, such as depictions and references related to casino environments or gambling-like games or mechanics, are also now classifiable ‘themes’. Their effect on the classification of the game depends on the impact of the material, ranging from Very Mild (G) to High Impact (R 18+).

Games with gambling-like content and gambling themes will now need to be accompanied with gambling-specific consumer advice.

Key definitions

The guidelines provide definitions for the terms ‘in game purchases linked to elements of chance’, ‘Paid Loot Box’ and ‘simulated gambling’.

The relevant definitions are as follows:

• ‘In-game purchases linked to elements of chance’: Digital goods or services determined by chance, including Paid Loot Boxes, that can be acquired within a game using real world currency, or using in-game virtual currency, items or credits that can be purchased using real-world currency.
  
  
• ‘Paid Loot Box’: A virtual container that can be (a) purchased or unlocked using real world currency or using in-game virtual currency, items or credits that can be purchased using real world currency; and (b) that rewards players with an in-game digital item or items, where the exact reward is not disclosed to the player prior to purchase. Also known by other names including ‘prize crates’ and ‘card packs’.
  
  
• ‘Simulated gambling’: Interactive activity within a game that resembles or functions like a real world, age-restricted betting or gambling service, and does not provide rewards that can be redeemed for real world currency or traded to other players in-game for real world currency.

However, there is uncertainty around the scope of these definitions and their application to the mechanics of individual games. In particular, whether chance-based mechanics other than typical loot box mechanics fall into the definitions of ‘in-game purchases linked to elements of chance’ and ‘Paid Loot Box’, and therefore may affect a game’s likely classification, requires consideration on a case-by-case basis.

The definition of ‘simulated gambling’ also requires careful consideration by developers. The definition in the guidelines may be affected by guidance issued by the Australian Classification Board, which suggests a higher threshold test and narrower definition applies.

Is reclassification required?

The changes in the guidelines are not retrospective, and computer games that were classified before 22 September 2024 will not need to be reclassified solely on the basis that they include gambling-related elements. However, if a game is significantly modified or modified in a way that is likely to cause the game to be given a different classification, the game will become unclassified. The guidelines will then apply to the reclassification of the game and may result in a change in classification. This includes where:

• gambling-like content is added which did not previously exist;
  
  
• previous gambling-like content is modified; or
  
  
• modifications not related to gambling cause the game to become unclassified, and the game contains pre-existing gambling-like content which is then taken into consideration during reclassification.

For example, the following scenarios would result in an increase in the classification of the relevant computer game:

• Example 1: A game which does not contain Paid Loot Boxes is classified (G) in June 2024. In February 2025, the developer adds Paid Loot Boxes to the game. The game becomes unclassified, and is reclassified as M (Mature) for the presence of chance-based in game purchases.
  
  
• Example 2: A game that contains Paid Loot Boxes is classified (PG) in April 2023. In March 2025 the developer modifies the game to add new rewards to the Paid Loot Boxes. The game becomes unclassified, and is reclassified as M (Mature) for the presence of chance-based in game purchases.
  
  
• Example 3: A game that contains simulated gambling is classified (M) in August 2024. In February 2025 the developer adds new violent content that is likely to cause the game to receive a different classification of MA 15+, and therefore the game becomes unclassified. When the game is reclassified, it is classified as R 18+ (Restricted) for the presence of simulated gambling.

Impact on classification application process

Applicants applying for classification of games containing simulated gambling can no longer use the Authorised Assessor scheme, as this scheme only applies to games with a likely classification of G, PG or M. Applicants should apply directly to the Classification Board, use an approved classification tool such as IARC, or contact an accredited classifier.

Key takeaways

Developers and publishers of computer games should:

• Consider and weigh up the commercial risks and benefits of including gambling-like content in computer games, and in particular simulated gambling and games containing in-game purchases linked to elements of chance. Their inclusion may result in a higher than desired classification for the intended market for a game.
  
  
• Be aware that if a computer game which is already classified is modified, the game may need to be reclassified at a higher classification level due to the presence or addition of gambling-like content.