The Australian patent office has taken a revised approach towards gaming machines. It now considers gameplay related inventions as not meeting the patentable subject matter requirement. This is because a game itself involves a mental process and abstract idea. Because of this, it does not qualify as a patentable invention simply because the player's intention to play it is an abstract concept. This means that a patented game must be implemented. The implementation must be unique.

While Australia has one of the most stringent regulatory environments in the world, the majority of Australians do not play electronic gaming machines. Approximately seventy-five percent of Australian adults do not play these games. The average Australian adult loses about $1500 per gambling session. In 2008, the total recorded gambling losses in Australia reached more than $19 billion dollars. The average Australian gambler loses approximately $150 a year. The average person loses a lot of money.

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