Document ID: chunk:federal_register_of_legislation:C2023A00029:clause:1_2:p5
Version: federal_register_of_legislation:C2023A00029
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 5/17)
Character Range: 14673–17346

(a) when the game is first made available to the general public (other than for testing purposes) on a new platform; or
 (b) if the company developed the game under a contract entered into at *arm's length with another entity—when the company first provides a version of the game to the entity in a state where it could reasonably be regarded as ready to be made available to the general public on a new platform.

Ongoing development certificate
 (5) The *Arts Minister must issue a certificate (an ongoing development certificate) to a company for an income year in relation to one or more *digital games if:
 (a) *ongoing development on the games occurs in the income year; and
 (b) the company has made an application for the ongoing development certificate; and
 (c) the total of the company's *qualifying Australian development expenditure on the games incurred in the income year on the ongoing development of the games in the income year is at least $500,000; and
 (d) the Arts Minister is satisfied that the conditions in subsection (7) (about the type of game) are met for each of the games; and
 (e) the Arts Minister is satisfied that the company:
 (i) either owns or controls the rights to develop each of the games or has been engaged to develop the games by the entities who own or control the rights to develop the games; and
 (ii) is primarily responsible for undertaking activities necessary for the development of each of the games in Australia.
Note: The operation of subparagraph (e)(ii) is affected by paragraph 378‑45(1)(d) (which deals with the situation where one company takes over the development of a digital game from another company).
 (6) Ongoing development on a *digital game means activities undertaken to update, improve or maintain the game after it has been *completed.

Type of digital game
 (7) The conditions in this subsection that must be met for a *digital game are:
 (a) the game is primarily developed to be made available to the general public for entertainment or educational purposes; and
 (b) any of the following apply to the game:
 (i) the game is made available for use over the internet;
 (ii) the game is primarily played through the internet;
 (iii) the game operates only when a player is connected to the internet; and
 (c) the game is not any of the following:
 (i) a game that is a gambling service (within the meaning of the Interactive Gambling Act 2001), or is substantially comprised of gambling or gambling‑like practices;
 (ii) a game that contains material likely to lead to the game being refused classification under the Classification (Publications, Films and Computer Games) Act 1995;
 (iii) a game that