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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Classification (Publications, Films and
Computer Games) Amendment
(Classification Tools and Other
Measures) Bill 2014
No. , 2014
(Attorney-General)
A Bill for an Act to amend the Classification
(Publications, Films and Computer Games) Act 1995,
and for related purposes
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 3
Schedule 1--Classification tools
4
Classification (Publications, Films and Computer Games) Act 1995
4
Schedule 2--Referral of material to law enforcement agencies
11
Classification (Publications, Films and Computer Games) Act 1995
11
Schedule 3--Exemptions
13
Part 1--Exempt films etc.
13
Classification (Publications, Films and Computer Games) Act 1995
13
Part 2--Certificates for exempt films and computer games
15
Classification (Publications, Films and Computer Games) Act 1995
15
Part 3--Conditional cultural exemptions
17
Classification (Publications, Films and Computer Games) Act 1995
17
Schedule 4--Modifications
26
Part 1--Amendments
26
Classification (Publications, Films and Computer Games) Act 1995
26
Part 2--Application of amendments
28
Schedule 5--Determined markings and consumer advice
29
Classification (Publications, Films and Computer Games) Act 1995
29
Schedule 6--Other amendments
32
Part 1--Amendments to the Classification Act
32
Classification (Publications, Films and Computer Games) Act 1995
32
Part 2--Amendments to the Broadcasting Services Act
43
Broadcasting Services Act 1992
43
Part 3--Application and saving provisions
44
ii
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Schedule 7--Simplified outlines
47
Classification (Publications, Films and Computer Games) Act 1995
47
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
1
A Bill for an Act to amend the Classification
1
(Publications, Films and Computer Games) Act 1995,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Classification (Publications, Films
6
and Computer Games) Amendment (Classification Tools and Other
7
Measures) Act 2014.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day this Act receives the Royal Assent.
3. Schedule 3,
Part 1
The day this Act receives the Royal Assent.
4. Schedule 3,
Part 2
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 3 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
5. Schedule 3,
Part 3
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 12 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
6. Schedule 4
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
7. Schedule 5
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 3 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
after the end of that period.
8. Schedule 6
The day after this Act receives the Royal
Assent.
9. Schedule 7
Immediately after the latest of:
(a) the commencement of the provision(s)
covered by table item 4; and
(b) the commencement of the provision(s)
covered by table item 5; and
(c) the commencement of the provision(s)
covered by table item 6; and
(d) the commencement of the provision(s)
covered by table item 7.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Classification tools
4
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Schedule 1
--Classification tools
1
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
1 Section 5
5
Insert:
6
approved classification tool: see subsection 22CA(2).
7
2 Division 2 of Part 2 (heading)
8
Repeal the heading, substitute:
9
Division 2--Classification by the Board
10
3 At the end of section 10
11
Add:
12
(3) Subsection (1) does not require an application for a classification
13
required by subsection 22CH(4).
14
4 After Division 2 of Part 2
15
Insert:
16
Division 2AA--Classification by approved classification
17
tools
18
Subdivision A--Approved classification tools
19
22CA Approved classification tools
20
(1) The Minister may approve a tool (a classification tool) for the
21
purposes of classifying one or more of the following (the relevant
22
material):
23
(a) publications;
24
(b) films;
25
(c) computer games.
26
Classification tools Schedule 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
5
(2) A tool approved under subsection (1) is an approved classification
1
tool for the relevant material.
2
(3) An approval may be given subject to the conditions specified in the
3
approval.
4
(4) In deciding whether to approve a classification tool under
5
subsection (1), the Minister must have regard to any matters
6
specified in written guidelines made by the Minister for the
7
purposes of this subsection.
8
(5) The Minister must not approve a classification tool under
9
subsection (1) unless the tool will:
10
(a) produce a decision on the classification of the relevant
11
material for the Australian Capital Territory; and
12
(b) determine consumer advice giving information about the
13
content of the relevant material; and
14
(c) notify the decision and the consumer advice to the Director.
15
(6) An approval under subsection (1):
16
(a) must be in writing; and
17
(b) is not a legislative instrument; and
18
(c) must be published on the Department's website.
19
(7) Guidelines made under subsection (4) are not a legislative
20
instrument.
21
(8) Guidelines made under subsection (4) must be published on the
22
Department's website.
23
22CB Variation or revocation of approval
24
(1) The Minister may vary or revoke an approval under
25
subsection 22CA(1) if the Minister is satisfied that it is appropriate
26
to do so, having regard to:
27
(a) the matters specified in guidelines made for the purposes of
28
subsection 22CA(4); and
29
(b) any other matter the Minister considers relevant.
30
Schedule 1 Classification tools
6
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
(2) A variation or revocation of an approval takes effect at the time
1
specified in the instrument varying or revoking the approval
2
(which must not be a time before the instrument is made).
3
(3) A variation or revocation of an approval:
4
(a) must be in writing; and
5
(b) must be published on the Department's website.
6
Subdivision B--Contracts etc. in relation to approved
7
classification tools
8
22CC Contracts etc. in relation to approved classification tools
9
The Minister may, on behalf of the Commonwealth, enter into a
10
contract, arrangement or understanding for purposes relating to the
11
development, operation or availability for use of a tool that may be
12
approved under section 22CA (approved classification tools).
13
22CD Involvement in a corporation etc. in relation to approved
14
classification tools
15
(1) The Minister may, on behalf of the Commonwealth:
16
(a) participate in the formation of a corporation; or
17
(b) become a member of a corporation;
18
for purposes relating to the development, operation or availability
19
for use of a tool that may be approved under section 22CA
20
(approved classification tools).
21
(2) The Minister may, on behalf of the Commonwealth, appoint a
22
person (whether or not engaged under the Public Service Act 1999)
23
to a body or organisation (whether within or outside Australia) for
24
purposes relating to the development, operation or availability for
25
use of a tool that may be approved under section 22CA (approved
26
classification tools).
27
22CE Executive power of the Commonwealth
28
This Subdivision does not, by implication, limit the executive
29
power of the Commonwealth.
30
Classification tools Schedule 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
7
Subdivision C--Classification by approved classification tools
1
22CF Classification by approved classification tools
2
(1) If:
3
(a) a publication, film or computer game is unclassified; and
4
(b) there is an approved classification tool for the publication,
5
film or computer game; and
6
(c) the approved classification tool is used to produce a decision,
7
for the Australian Capital Territory, on the classification of
8
the publication, film or computer game; and
9
(d) the prescribed fee (if any) has been paid in relation to the
10
decision;
11
the decision is taken, for the purposes of this Act, to be a decision
12
of the Board to classify the publication, film or computer game.
13
(2) The following provisions of this Act do not apply in relation to the
14
decision:
15
(a) Division 2 of Part 2 (other than section 21);
16
(b) Division 5 of Part 2.
17
(3) To avoid doubt, subsection (1) does not apply to a decision made
18
by the operation of an approved classification tool if the decision
19
does not comply with a condition to which the approval is subject
20
under subsection 22CA(3).
21
(4) The decision takes effect when it is included in:
22
(a) the register, known as the National Classification Database,
23
maintained by the Department; or
24
(b) any replacement register.
25
(5) Consumer advice for the publication, film or computer game (as
26
the case may be) that is determined by the approved classification
27
tool is taken to be consumer advice determined under section 20 by
28
the Board for the publication, film or computer game (as the case
29
may be).
30
Note:
An approved classification tool must determine consumer advice: see
31
paragraph 22CA(5)(b).
32
Schedule 1 Classification tools
8
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
22CG Approved classification tool certificates
1
(1) If a publication, film or computer game (the classified material):
2
(a) is classified; and
3
(b) is taken to have been so classified by the Board because of
4
the operation of section 22CF in relation to a decision of an
5
approved classification tool;
6
a person may apply to the Director for a certificate (an approved
7
classification tool certificate) for the classified material.
8
(2) An application under subsection (1) must:
9
(a) be in a form approved, in writing, by the Director; and
10
(b) be accompanied by the prescribed fee (if any).
11
Note:
For an applicant that is the Commonwealth, or a Commonwealth
12
authority or agency: see section 91A.
13
(3) On application under subsection (1), the Director must issue an
14
approved classification tool certificate for the classified material.
15
(4) The certificate must include the determined markings for the
16
classification given to the classified material.
17
22CH Revocation of classification by approved classification tool
18
Revocation of classification
19
(1) If:
20
(a) a decision made by the operation of an approved
21
classification tool in relation to a publication, film or
22
computer game (the relevant material) is taken (because of
23
the operation of section 22CF) to be a decision of the Board
24
to classify the relevant material; and
25
(b) the Board is of the opinion that, had the relevant material
26
been classified otherwise than because of the operation of
27
that section, the Board would have:
28
(i) given the relevant material a different classification; or
29
(ii) determined different consumer advice for the material;
30
the Board may revoke the classification.
31
(2) The Board may exercise the power under subsection (1):
32
Classification tools Schedule 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
9
(a) on its own initiative; or
1
(b) on application.
2
(3) An application under paragraph (2)(b) must:
3
(a) be in a form approved, in writing, by the Director; and
4
(b) be made:
5
(i) within 3 months after the day the decision made by the
6
operation of the approved classification tool takes
7
effect; or
8
(ii) if another period is specified in a determination under
9
subsection (8)--within that longer period; and
10
(c) if a class of persons is specified in a determination under
11
subsection (8)--be made by a person included in that class;
12
and
13
(d) be accompanied by the prescribed fee (if any).
14
Note:
For when the decision made by the operation of the approved
15
classification tool takes effect, see subsection 22CF(4).
16
Classification after revocation
17
(4) If the Board decides to revoke the classification of relevant
18
material under subsection (1), the Board must classify the relevant
19
material.
20
(5) A decision of the Board to classify the relevant material, as
21
referred to in subsection (4), takes effect when it is included in
22
either:
23
(a) the register, known as the National Classification Database,
24
maintained by the Department; or
25
(b) any replacement register.
26
(6) Subsection (5) has effect despite section 28 (when decisions take
27
effect).
28
When revocation of classification takes effect
29
(7) The revocation of the classification of relevant material under
30
subsection (1) takes effect immediately before the decision to
31
classify the material, as referred to in subsection (4), takes effect.
32
Schedule 1 Classification tools
10
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Ministerial determination
1
(8) The Minister may, by legislative instrument, determine either or
2
both of the following:
3
(a) a specified period for the purposes of subparagraph (3)(b)(ii);
4
(b) a specified class of persons for the purposes of
5
paragraph (3)(c).
6
Subdivision D--Other
7
22CJ Delegation by the Minister
8
(1) The Minister may, by written instrument, delegate any or all of the
9
Minister's powers or functions under this Division, other than the
10
Minister's power to make guidelines for the purposes of
11
subsection 22CA(4), to the Secretary of the Department.
12
(2) In exercising powers or performing functions under a delegation,
13
the Secretary must comply with any directions of the Minister.
14
5 Subsection 43(4)
15
After "must", insert ", if practicable,".
16
Referral of material to law enforcement agencies Schedule 2
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
11
Schedule 2
--Referral of material to law
1
enforcement agencies
2
3
Classification (Publications, Films and Computer Games)
4
Act 1995
5
1 After section 4
6
Insert:
7
4A Concurrent operation of State and Territory laws
8
(1) This Act is not intended to exclude or limit the concurrent
9
operation of any law of a State or Territory.
10
(2) Without limiting subsection (1), this Act is not intended to exclude
11
or limit the concurrent operation of a law of a State or Territory
12
that makes:
13
(a) an act or omission that is an offence against a provision of
14
this Act; or
15
(b) a similar act or omission;
16
an offence against the law of the State or Territory.
17
(3) Subsection (2) applies even if the law of the State or Territory does
18
any one or more of the following:
19
(a) provides for a penalty for the offence that differs from the
20
penalty provided for in this Act;
21
(b) provides for a fault element in relation to the offence that
22
differs from the fault elements applicable to the offence
23
under this Act;
24
(c) provides for a defence in relation to the offence that differs
25
from the defences applicable to the offence under this Act.
26
2 After section 88A
27
Insert:
28
Schedule 2 Referral of material to law enforcement agencies
12
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
88B Referral of certain unclassified material to law enforcement
1
agencies
2
(1) If the Secretary of the Department is of the opinion that an
3
unclassified publication, unclassified film or unclassified computer
4
game (the unclassified material) would, if classified, be likely to
5
be classified RC, the Secretary may provide a copy of the
6
unclassified material to:
7
(a) the Australian Federal Police; or
8
(b) the police force of a State or Territory; or
9
(c) an authority or person responsible for law enforcement in a
10
foreign country or a part of a foreign country.
11
(2) The Secretary may, in writing, delegate his or her power under
12
subsection (1) to a member of staff mentioned in section 88A.
13
(3) Subsection (1) does not, by implication, limit any other power or
14
function that the Secretary has to provide information or things to
15
the bodies mentioned in that subsection, or to any other body.
16
Exemptions Schedule 3
Exempt films etc. Part 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
13
Schedule 3
--Exemptions
1
Part 1
--Exempt films etc.
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
1 Section 5
5
Insert:
6
social sciences has the meaning given by section 5C.
7
2 Subsection 5B(1) (table items 6 to 13)
8
After "wholly", insert "or mainly".
9
3 Subsection 5B(1) (at the end of the table)
10
Add:
11
14
Social sciences
A film wholly or mainly comprising information
about, or analysis of, subjects relating to the social
sciences
15
Natural history
A natural history film, or any film depicting wholly
or mainly natural scenery
4 After section 5B
12
Insert:
13
5C Meaning of social sciences
14
(1) For the purposes of this Act, social sciences means the following
15
fields:
16
(a) economics;
17
(b) geography;
18
(c) anthropology;
19
(d) linguistics;
20
(e) such other fields (if any) as are specified in an instrument
21
under subsection (2).
22
Schedule 3 Exemptions
Part 1 Exempt films etc.
14
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
(2) The Minister may, by legislative instrument, specify fields for the
1
purposes of paragraph (1)(e).
2
Exemptions Schedule 3
Certificates for exempt films and computer games Part 2
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
15
Part 2
--Certificates for exempt films and computer
1
games
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
5 Section 5 (paragraph (j) of the definition of decision)
5
Omit "22B; or", substitute "22B.".
6
6 Section 5 (paragraphs (k) and (l) of the definition of
7
decision)
8
Repeal the paragraphs.
9
7 Section 5 (definition of exempt computer game)
10
Omit ", and includes a game for which a certificate is in force under
11
Division 6 of Part 2".
12
8 Section 5 (definition of exempt film)
13
Omit ", and includes a film for which a certificate is in force under
14
Division 6 of Part 2".
15
9 Subsection 8(4)
16
Repeal the subsection.
17
10 Division 6 of Part 2
18
Repeal the Division.
19
11 Applications for certificates for exempt films or computer
20
games
21
If:
22
(a) a person has, before the commencement of this item, made an
23
application under section 28A of the Classification
24
(Publications, Films and Computer Games) Act 1995 for a
25
certificate; and
26
(b) the person has paid a fee in relation to the application; and
27
Schedule 3 Exemptions
Part 2 Certificates for exempt films and computer games
16
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
(c) the Board has not made a decision in relation to the
1
certificate before the commencement of this item;
2
the application is taken never to have been made and the Director must,
3
on behalf of the Commonwealth, refund the application fee.
4
Exemptions Schedule 3
Conditional cultural exemptions Part 3
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
17
Part 3
--Conditional cultural exemptions
1
Classification (Publications, Films and Computer Games)
2
Act 1995
3
12 Section 5 (after paragraph (d) of the definition of
4
advertisement)
5
Insert:
6
(da) advertising for a particular demonstration, exhibition or
7
screening of a publication, film or computer game, if the
8
publication, film or computer game is subject to a conditional
9
cultural exemption in relation to the demonstration,
10
exhibition or screening; or
11
13 Section 5
12
Insert:
13
approved cultural institution: see section 6F.
14
conditional cultural exemption rules means rules made by the
15
Minister under section 6G.
16
14 Section 5 (definition of exempt computer game)
17
Omit "section 5B", substitute "section 6B".
18
15 Section 5 (definition of exempt film)
19
Omit "section 5B", substitute "section 6B".
20
16 Section 5
21
Insert:
22
government body means:
23
(a) a department of the Commonwealth, a State or a Territory; or
24
(b) an agency or authority of the Commonwealth, a State or a
25
Territory; or
26
(c) a body established for the purposes of local government by or
27
under a law applying in a State or Territory.
28
Schedule 3 Exemptions
Part 3 Conditional cultural exemptions
18
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
registered event: see section 6D.
1
subject to a conditional cultural exemption: for when a
2
publication, film or computer game is subject to a conditional
3
cultural exemption, see sections 6C and 6E.
4
17 Section 5B
5
Repeal the section.
6
18 After Part 1
7
Insert:
8
Part 1A--Exemptions etc.
9
Division 1--Exempt films and exempt computer games
10
6B Exempt films and exempt computer games
11
(1) Subject to subsection (3), a film specified in this table is an exempt
12
film. Applications for classification of exempt films are not
13
necessary.
14
15
Exempt films
Item
Type
Description
1
Business
A film of a promotional, technical or similar nature
for use in the course of a business or trade
2
Accounting
A film for use in the keeping or verification of
accounts
3
Professional
A film of a promotional, technical or similar nature
for use in the course of a profession
4
Scientific
A film for use pursuant to a branch of knowledge
conducted on objective principles involving the
systemised observation of, and experiment with,
phenomena
5
Educational
A film whose main purpose is for training,
instruction or reference, as a manual, a lesson, an
encyclopaedia or a guide
6
Current affairs
A film wholly or mainly comprising news reports
Exemptions Schedule 3
Conditional cultural exemptions Part 3
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
19
Exempt films
Item
Type
Description
or information about, or analysis of, current issues
or events of public interest or importance
7
Hobbyist
A film wholly or mainly comprising a documentary
record of a hobby or activity
8
Sporting
A film wholly or mainly comprising a documentary
record of a sporting event
9
Family
A film wholly or mainly comprising a documentary
record of a family event or activity
10
Live performance
A film wholly or mainly comprising a documentary
record of a live artistic performance or that is used
within such a performance
11
Musical presentation
A film wholly or mainly comprising a musical
presentation
12
Religious
A film wholly or mainly comprising a documentary
record of a religious event or activity
13
Community or
cultural
A film wholly or mainly comprising a documentary
record of a community or cultural activity or event
14
Social sciences
A film wholly or mainly comprising information
about, or analysis of, subjects relating to the social
sciences
15
Natural history
A natural history film, or any film depicting wholly
or mainly natural scenery
(2) Subject to subsection (3), a computer game is an exempt computer
1
game if it forms part of or is included in computer software
2
specified in this table. Applications for classification of exempt
3
computer games are not necessary.
4
5
Exempt computer games
Item
Type
Description
1
Business
Software for use in the course of a business or
trade
2
Accounting
Software for use in the keeping or verification of
accounts
3
Professional
Software for use in the course of a profession
Schedule 3 Exemptions
Part 3 Conditional cultural exemptions
20
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Exempt computer games
Item
Type
Description
4
Scientific
Software for use pursuant to a branch of
knowledge conducted on objective principles
involving the systemised observation of, and
experiment with, phenomena
5
Educational
Software whose main purpose is for training,
instruction or reference, as a manual, a lesson, an
encyclopaedia or a guide
Exceptions
1
(3) However, a film or computer game is not an exempt film or an
2
exempt computer game if it contains:
3
(a) an advertisement that has been refused approval; or
4
(b) an advertisement for an unclassified film or an unclassified
5
computer game:
6
(i) that has been assessed in accordance with section 31 or
7
under section 33 as being likely to be classified M or a
8
higher classification; or
9
(ii) the likely classification of which has not been assessed
10
in accordance with section 31 or under section 33; or
11
(c) an advertisement for a film, or for a computer game, that has
12
been classified M or a higher classification; or
13
(d) material that would be likely to cause the film or computer
14
game to be classified M or a higher classification.
15
Division 2--Conditional cultural exemptions
16
6C Conditional cultural exemptions--registered events
17
If:
18
(a) a publication, film or computer game (the relevant material)
19
is demonstrated, exhibited or screened (the relevant
20
showing) as part of a registered event; and
21
(b) the relevant material, if it were classified, would not be likely
22
to be classified RC, X 18+ or Category 2 restricted; and
23
Exemptions Schedule 3
Conditional cultural exemptions Part 3
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
21
(c) in the case of relevant material that, if it were classified,
1
would be likely to be classified M or MA 15+--persons aged
2
under 15 years are not present at the relevant showing unless
3
accompanied by an adult; and
4
(d) in the case of relevant material that, if it were classified,
5
would be likely to be classified R 18+ or Category 1
6
restricted--only persons aged 18 years and over are present
7
at the relevant showing; and
8
(e) the relevant material has not already been demonstrated,
9
exhibited or screened more than the number of times
10
specified in the conditional cultural exemption rules; and
11
(f) the information, about the relevant material, that is prescribed
12
by the conditional cultural exemption rules is given, in the
13
manner and form prescribed by the conditional cultural
14
exemption rules, to the persons present at the relevant
15
showing; and
16
(g) the conditions (if any) specified in the conditional cultural
17
exemption rules are satisfied;
18
the relevant material is subject to a conditional cultural
19
exemption, but only in relation to the relevant showing.
20
6D Registered events
21
An event is a registered event if:
22
(a) the event wholly or mainly involves, or wholly or mainly
23
relates to, one or more of the following:
24
(i) the display or screening of films;
25
(ii) the display or demonstration of computer games;
26
(iii) the display or exhibition of publications; and
27
(b) the films, computer games, or publications (as the case may
28
be) referred to in paragraph (a) are of a medical, scientific,
29
educational, cultural or artistic character; and
30
(c) the event is organised by an organisation that has, in relation
31
to the event, completed the registration process prescribed by
32
the conditional cultural exemption rules; and
33
(d) the organisation has, in relation to the event, paid the fee (if
34
any) prescribed by the conditional cultural exemption rules;
35
and
36
Schedule 3 Exemptions
Part 3 Conditional cultural exemptions
22
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
(e) the conditions (if any) specified in the conditional cultural
1
exemption rules are satisfied.
2
6E Conditional cultural exemptions--approved cultural institutions
3
If:
4
(a) a publication, film or computer game (the relevant material)
5
is demonstrated, exhibited or screened (the relevant
6
showing) as part of an event organised by an approved
7
cultural institution; and
8
(b) the relevant material, if it were to be classified, would not be
9
likely to be classified RC, X 18+ or Category 2 restricted;
10
and
11
(c) in the case of relevant material that, if it were classified,
12
would be likely to be classified M or MA 15+--persons aged
13
under 15 years are not present at the relevant showing unless
14
accompanied by an adult; and
15
(d) in the case of relevant material that, if it were classified,
16
would be likely to be classified R 18+ or Category 1
17
restricted--only persons aged 18 years and over are present
18
at the relevant showing; and
19
(e) the information, about the relevant material, that is prescribed
20
by the conditional cultural exemption rules is given, in the
21
manner and form prescribed by the conditional cultural
22
exemption rules, to the persons present at the relevant
23
showing; and
24
(f) the conditions (if any) specified in the conditional cultural
25
exemption rules are satisfied;
26
the relevant material is subject to a conditional cultural
27
exemption, but only in relation to the relevant showing.
28
6F Approved cultural institutions
29
(1) An organisation is an approved cultural institution if:
30
(a) the organisation was formed wholly or mainly for the
31
purpose of carrying on activities of an educational, cultural or
32
artistic nature; and
33
(b) the organisation wholly or mainly carries on activities of an
34
educational, cultural or artistic nature; and
35
Exemptions Schedule 3
Conditional cultural exemptions Part 3
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
23
(c) the organisation has a sound reputation in relation to the
1
carrying on of those activities; and
2
(d) the organisation does not demonstrate, exhibit or screen
3
unclassified publications, films or computer games that, if
4
classified, would be likely to be classified RC, X 18+ or
5
Category 2 restricted; and
6
(e) the organisation has satisfied the training requirements
7
prescribed by the conditional cultural exemption rules; and
8
(f) the organisation has paid the fee (if any) prescribed by the
9
conditional cultural exemption rules; and
10
(g) the conditions (if any) specified in the conditional cultural
11
exemption rules are satisfied.
12
(2) An organisation is an approved cultural institution if:
13
(a) the organisation is a government body; and
14
(b) the organisation does not demonstrate, exhibit or screen
15
unclassified publications, films or computer games that, if
16
classified, would be likely to be classified RC, X 18+ or
17
Category 2 restricted; and
18
(c) the organisation has satisfied the training requirements
19
prescribed by the conditional cultural exemption rules; and
20
(d) the organisation has paid the fee (if any) prescribed by the
21
conditional cultural exemption rules; and
22
(e) the conditions (if any) specified in the conditional cultural
23
exemption rules are satisfied.
24
6G Conditional cultural exemption rules
25
The Minister may, by legislative instrument, make rules (the
26
conditional cultural exemption rules) prescribing matters:
27
(a) required or permitted by this Division to be prescribed by the
28
conditional cultural exemption rules; or
29
(b) necessary or convenient to be prescribed for carrying out or
30
giving effect to this Division.
31
6H Modifications etc. in relation to this Division
32
(1) The Director may, if the Director considers it appropriate to do so:
33
Schedule 3 Exemptions
Part 3 Conditional cultural exemptions
24
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
(a) exempt a particular publication, film, computer game, event
1
or organisation from any or all provisions of this Division or
2
of the conditional cultural exemption rules; or
3
(b) declare that any or all provisions of this Division or of the
4
conditional cultural exemption rules apply subject to such
5
modifications as are set out in the declaration in relation to a
6
particular publication, film, computer game, event or
7
organisation.
8
(2) An exemption or declaration under subsection (1) may only be
9
made on application by the relevant organisation.
10
(3) An application under subsection (2) must:
11
(a) be in a form approved, in writing, by the Director; and
12
(b) be accompanied by the prescribed fee (if any).
13
(4) An exemption or declaration under subsection (1):
14
(a) must be in writing; and
15
(b) is not a legislative instrument.
16
(5) The Director may, by legislative instrument:
17
(a) exempt a specified class of publications, films, computer
18
games, events or organisations from any or all provisions of
19
this Division or of the conditional cultural exemption rules;
20
or
21
(b) declare that any or all provisions of this Division or of the
22
conditional cultural exemption rules apply subject to such
23
modifications as are set out in the declaration in relation to a
24
specified class of publications, films, computer games, events
25
or organisations;
26
if the Director considers it appropriate to do so.
27
(6) Applications may be made to the Administrative Appeals Tribunal
28
for review of decisions of the Director under subsection (1).
29
19 After paragraph 23(1)(b)
30
Insert:
31
(c) if the publication is being published in the Australian Capital
32
Territory--the publication is not subject to a conditional
33
cultural exemption in relation to the publication;
34
Exemptions Schedule 3
Conditional cultural exemptions Part 3
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
25
20 After paragraph 23A(1)(b)
1
Insert:
2
(c) if the film is being published in the Australian Capital
3
Territory--the film is not subject to a conditional cultural
4
exemption in relation to the publication;
5
21 After paragraph 24(1)(b)
6
Insert:
7
(c) if the computer game is being published in the Australian
8
Capital Territory--the computer game is not subject to a
9
conditional cultural exemption in relation to the publication;
10
22 Subparagraph 53(b)(i)
11
Repeal the subparagraph.
12
Schedule 4 Modifications
Part 1 Amendments
26
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Schedule 4
--Modifications
1
Part 1
--Amendments
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
1 After section 20
5
Insert:
6
20A Modifications of unclassified films and computer games that
7
are later classified
8
(1) If:
9
(a) a film or computer game:
10
(i) is modified; and
11
(ii) is classified, in unmodified form, at a later time; and
12
(b) the modification is of a kind covered by subsection (2);
13
the film or computer game, as modified, is taken from that later
14
time to have the same classification as the classified film or
15
classified computer game.
16
(2) This subsection covers the following modifications:
17
(a) including or removing an advertisement, other than an
18
advertisement to which section 22 applies;
19
(b) for a film--the addition or removal of navigation functions;
20
(c) for a film--the addition or removal of material which:
21
(i) provides a description or translation of the audio or
22
visual content of the film; and
23
(ii) would not be likely to cause the film, as modified, to be
24
given a higher classification than the classified film;
25
(d) a format change from 2D to 3D (or vice versa), if the format
26
change would not be likely to cause the film or computer
27
game, as modified, to be given a different classification to the
28
classified film or classified computer game;
29
(e) modifications of a kind prescribed in a legislative instrument
30
made by the Minister for the purposes of this paragraph.
31
Modifications Schedule 4
Amendments Part 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
27
2 Subsection 21(1)
1
Omit "it", substitute "the film or game, as modified,".
2
3 After paragraph 21(2)(b)
3
Insert:
4
(ba) a format change from 2D to 3D (or vice versa), if the format
5
change would not be likely to cause the film or computer
6
game, as modified, to be given a different classification to the
7
classified film or classified computer game; or
8
4 At the end of section 21
9
Add:
10
(3) Subsection (1) does not apply to a modification of a kind
11
prescribed in a legislative instrument made by the Minister for the
12
purposes of this subsection.
13
5 Paragraph 22CF(2)(a)
14
Omit "section 21", substitute "sections 20A and 21".
15
Schedule 4 Modifications
Part 2 Application of amendments
28
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Part 2
--Application of amendments
1
6 Amendments relating to modifications
2
(1)
Section 20A of the Classification (Publications, Films and Computer
3
Games) Act 1995, as inserted by this Schedule, applies in relation to
4
films or computer games classified on or after 1 January 2013,
5
regardless of when the film or computer game was modified.
6
(2)
The amendments of section 21 of the Classification (Publications,
7
Films and Computer Games) Act 1995 made by this Schedule apply in
8
relation to films or computer games classified on or after 1 January
9
2013.
10
Determined markings and consumer advice Schedule 5
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
29
Schedule 5
--Determined markings and
1
consumer advice
2
3
Classification (Publications, Films and Computer Games)
4
Act 1995
5
1 Section 5 (definition of determined markings)
6
Omit "section 8", substitute "paragraph 8(1)(a)".
7
2 Section 8 (heading)
8
Repeal the heading, substitute:
9
8 Determined markings and consumer advice
10
3 Subsections 8(1) and (1A)
11
Repeal the subsections, substitute:
12
(1) The Minister may, by legislative instrument, determine:
13
(a) markings for each type of classification giving information
14
about the classification; and
15
(b) principles relating to the display of the markings; and
16
(c) principles relating to the display of consumer advice for
17
publications, films and computer games.
18
(1A) Without limiting paragraph (1)(b), the Minister may determine
19
principles relating to the manner in which the markings are to be
20
displayed.
21
(1B) Without limiting paragraph (1)(c), the Minister may determine
22
principles relating to the manner in which consumer advice is to be
23
displayed.
24
4 After subsection 8(3)
25
Insert:
26
(3A) Each of the following must display markings and consumer advice
27
in accordance with any determinations under this section:
28
(a) a classified film;
29
Schedule 5 Determined markings and consumer advice
30
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
(b) a classified computer game;
1
(c) a classified publication;
2
(d) an advertisement for such a film, computer game or
3
publication.
4
Note:
Provisions dealing with the consequences of not displaying markings
5
and consumer advice in accordance with a determination under this
6
section are to be found in complementary laws of the States and
7
Territories.
8
(3B) Subsection (3A) applies to:
9
(a) a film, computer game or publication; or
10
(b) an advertisement for a film, computer game or publication;
11
(the relevant material) where:
12
(c) the publisher of the relevant material is a constitutional
13
corporation; or
14
(d) the relevant material is published in the course of, or in
15
relation to, constitutional trade or commerce; or
16
(e) the relevant material is published in the course of, or in
17
relation to, the supply of goods or services to the
18
Commonwealth or an authority or instrumentality of the
19
Commonwealth; or
20
(f) the relevant material is published using a postal, telegraphic,
21
telephonic or other like service (within the meaning of
22
paragraph 51(v) of the Constitution); or
23
(g) the relevant material is published in a Territory or in a
24
Commonwealth place.
25
5 Paragraphs 20(1)(a) and (b)
26
Before "PG", insert "G,".
27
6 Subsection 20(2)
28
Repeal the subsection, substitute:
29
(2) If the Board classifies a publication Unrestricted, the Board may
30
determine consumer advice giving information about the content of
31
the publication.
32
7 Paragraph 25(2)(b)
33
Omit "any consumer advice", substitute "the consumer advice".
34
Determined markings and consumer advice Schedule 5
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
31
8 Application of amendments relating to consumer advice
1
The amendments of sections 20 and 25 of the Classification
2
(Publications, Films and Computer Games) Act 1995 made by this
3
Schedule apply in relation to publications, films and computer games
4
classified after the commencement of this item, regardless of when the
5
application for classification is made.
6
Schedule 6 Other amendments
Part 1 Amendments to the Classification Act
32
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Schedule 6
--Other amendments
1
Part 1
--Amendments to the Classification Act
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
1 Section 3
5
After "The", insert "main".
6
2 Section 5
7
Insert:
8
constitutional corporation means a corporation to which
9
paragraph 51(xx) of the Constitution applies.
10
constitutional trade or commerce means trade or commerce:
11
(a) between Australia and a place outside Australia; or
12
(b) among the States; or
13
(c) between a State and a Territory; or
14
(d) within a Territory; or
15
(e) between 2 Territories.
16
3 Section 5 (after paragraph (ia) of the definition of decision)
17
Insert:
18
(ib) to revoke the classification of a computer game under
19
section 21AC; or
20
4 After section 8
21
Insert:
22
8AA Use of markings in relation to goods other than films etc.
23
Using a determined marking in relation to certain goods
24
(1) A person commits an offence if:
25
(a) the person, in trade or commerce, uses a marking in relation
26
to goods; and
27
Other amendments Schedule 6
Amendments to the Classification Act Part 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
33
(b) the marking is a determined marking; and
1
(c) the goods are not:
2
(i) a publication, film or computer game; or
3
(ii) goods used to promote a publication, film or computer
4
game that has the classification for that marking.
5
Penalty: 20 penalty units.
6
Using a determined marking in relation to certain services
7
(2) A person commits an offence if:
8
(a) the person, in trade or commerce, uses a marking in relation
9
to a service; and
10
(b) the marking is a determined marking; and
11
(c) the service is not for the purposes of the classification system
12
provided for by this Act or a corresponding law of a State or
13
Territory.
14
Penalty: 20 penalty units.
15
Selling etc. certain goods with a determined marking
16
(3) A person commits an offence if:
17
(a) a determined marking is used in relation to goods; and
18
(b) the person does any of the following with the goods:
19
(i) imports them into Australia for sale;
20
(ii) sells them;
21
(iii) offers them for sale;
22
(iv) lets them on hire; and
23
(c) the goods are not:
24
(i) a publication, film or computer game; or
25
(ii) goods used to promote a publication, film or computer
26
game that has the classification for that marking.
27
Penalty: 20 penalty units.
28
Schedule 6 Other amendments
Part 1 Amendments to the Classification Act
34
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Extended meaning of determined marking
1
(4) For the purposes of this section, a determined marking includes a
2
marking so closely resembling a determined marking as to be
3
likely to be mistaken for it.
4
Constitutional reach
5
(5) This section has effect only if one or more of the following
6
paragraphs applies:
7
(a) the conduct constituting the offence occurs to any extent
8
outside Australia;
9
(b) the conduct constituting the offence occurs within a Territory
10
or a Commonwealth place;
11
(c) the goods belong to a constitutional corporation;
12
(d) the person is a constitutional corporation;
13
(e) the goods are provided in the course of, or intended for,
14
constitutional trade or commerce;
15
(f) the conduct constituting the offence is for the purposes of
16
constitutional trade or commerce;
17
(g) the conduct constituting the offence involves the use of
18
postal, telegraphic, telephonic and other like services (within
19
the meaning of paragraph 51(v) of the Constitution).
20
5 After subsection 14(4)
21
Insert:
22
(4A) Subsection (4) does not apply to an application for the
23
classification of a film if the application is made only because the
24
film became unclassified under section 21 because of a
25
modification that consists only of a change to the title of the film.
26
6 Subsection 14(7)
27
Omit all the words from and including "to the applicant", substitute "to
28
the applicant stating the particulars of the disagreement".
29
7 At the end of section 14
30
Add:
31
Other amendments Schedule 6
Amendments to the Classification Act Part 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
35
(8) If any of the following paragraphs applies in relation to the film,
1
the notice under subsection (7) must also invite the applicant to
2
make, within 14 days after receiving the notice, any additional
3
submissions the applicant may wish to make before the Board
4
makes a decision on the application:
5
(a) if the film includes one classified film--the Director or the
6
Board is of the opinion that the film would, if classified, be
7
classified at a higher classification than the classified film;
8
(b) if the film includes more than one classified film--the
9
Director or the Board is of the opinion that the film would, if
10
classified, be classified at a higher classification than the
11
classified film with the highest classification;
12
(c) the film does not include a classified film.
13
8 Paragraph 14B(1)(c)
14
Omit "one of the episodes of the television series film", substitute "one
15
episode of the television series".
16
9 After subsection 14B(1)
17
Insert:
18
(1A) The episode referred to in paragraph (1)(c) need not be included in
19
the television series film.
20
10 After subsection 17(2)
21
Insert:
22
(2AA) Subsection (2) does not apply to an application for the
23
classification of a computer game if the application is made only
24
because the computer game became unclassified under section 21
25
because of a modification that consists only of a change to the title
26
of the computer game.
27
11 Subsection 17(3)
28
Repeal the subsection, substitute:
29
(3) If:
30
(a) the applicant is of the opinion that the game would, if
31
classified, be classified G, PG or M; and
32
Schedule 6 Other amendments
Part 1 Amendments to the Classification Act
36
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
(b) a notice under section 17C is not in force in relation to the
1
applicant;
2
the applicant may also submit with the application:
3
(c) an assessment of the computer game, signed by or on behalf
4
of the applicant and prepared by a person authorised by the
5
Director for the purpose; and
6
(d) a copy of any advertisement that is proposed to be used to
7
advertise the game.
8
(3A) An assessment under subsection (3) must:
9
(a) describe, and report on the impact of, any classifiable
10
elements in the game; and
11
(b) recommend a classification of the game; and
12
(c) recommend consumer advice appropriate to the game.
13
12 After subsection 17(5)
14
Insert:
15
(6) The Director must not authorise a person for the purposes of
16
subsection (3) if a notice under section 17B is in force in relation to
17
the person.
18
13 After section 17
19
Insert:
20
17A Revocation of authorisation to assess certain computer games
21
(1) The Director may revoke an authorisation given to a person for the
22
purpose of subsection 17(3) if the Director is satisfied that one or
23
more of the conditions mentioned in subsection (2) apply to the
24
person.
25
(2) The conditions are as follows:
26
(a) the person has prepared an assessment of a computer game
27
that contains classifiable elements that:
28
(i) were not brought to the Board's attention in accordance
29
with paragraph 17(3A)(a) before the classification was
30
made; or
31
Other amendments Schedule 6
Amendments to the Classification Act Part 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
37
(ii) were brought to the Board's attention in accordance
1
with paragraph 17(3A)(a) before the classification was
2
made but the assessment of the elements was
3
misleading, incorrect or grossly inadequate;
4
(b) if the Director has requested that the person complete further
5
training approved by the Director in the making of
6
assessments of computer games--the person has not
7
completed the training;
8
(c) the person has prepared at least 2 assessments under
9
subsection 17(3) which contain misleading, incorrect or
10
grossly inadequate information;
11
(d) any other conditions prescribed by the regulations.
12
Note:
The regulations may prescribe circumstances in which an assessment
13
is taken to be misleading, incorrect or grossly inadequate, or to contain
14
misleading, incorrect or grossly inadequate information: see
15
subsection 93(2).
16
17B Barring notice to assessors of certain computer games
17
(1) The Director may give a written notice to a person if the Director is
18
satisfied that:
19
(a) both of the following apply:
20
(i) the Board classified a computer game taking into
21
account an assessment of the computer game prepared
22
by the person;
23
(ii) the Board has revoked the classification of the game
24
under section 21A or 21AC; or
25
(b) the person has prepared at least 2 assessments under
26
subsection 17(3) which contain misleading, incorrect or
27
grossly inadequate information.
28
Note 1:
If the Director gives a notice to a person under this subsection, the
29
person cannot be authorised to prepare assessments of computer
30
games while the notice remains in force: see subsection 17(6).
31
Note 2:
The regulations may prescribe circumstances in which an assessment
32
is taken to contain misleading, incorrect or grossly inadequate
33
information: see subsection 93(2).
34
(2) The notice takes effect from the date specified in the notice and
35
continues in force for the period specified in the notice. The period
36
must not exceed 3 years.
37
Schedule 6 Other amendments
Part 1 Amendments to the Classification Act
38
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
17C Barring notice to applicant for classification of computer games
1
(1) The Director may give a written notice to a person if:
2
(a) the person has submitted at least 2 applications that were
3
accompanied by assessments under subsection 17(3); and
4
(b) the assessments contained misleading, incorrect or grossly
5
inadequate information; and
6
(c) as a result of those assessments, the Director revoked the
7
authorisation of the person who prepared them (see
8
section 17A).
9
Note 1:
If the Director gives a notice to a person under this subsection, the
10
person cannot submit an assessment of a computer game with an
11
application for classification of the game while the notice remains in
12
force: see subsection 17(3).
13
Note 2:
The regulations may prescribe circumstances in which an assessment
14
is taken to contain misleading, incorrect or grossly inadequate
15
information: see subsection 93(2).
16
(2) The notice takes effect from the date specified in the notice and
17
continues in force for the period specified in the notice. The period
18
must not exceed 3 years.
19
17D Review by AAT
20
Applications may be made to the Administrative Appeals Tribunal
21
for review of decisions of the Director under section 17A, 17B or
22
17C.
23
14 After section 21AB
24
Insert:
25
21AC Revocation of classification of computer games if assessment
26
misleading etc.
27
The Board must revoke the classification of a computer game that
28
has been classified taking into account an assessment prepared
29
under subsection 17(3) if the Board is satisfied that:
30
(a) the computer game contains any classifiable elements that:
31
Other amendments Schedule 6
Amendments to the Classification Act Part 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
39
(i) were not brought to the Board's attention in accordance
1
with paragraph 17(3A)(a) before the classification was
2
made; or
3
(ii) were brought to the Board's attention in accordance
4
with paragraph 17(3A)(a) before the classification was
5
made but the assessment of the elements was
6
misleading, incorrect or grossly inadequate; and
7
(b) if the Board had been aware of the matters mentioned in
8
subparagraph (a)(i) or (ii) before the classification was made,
9
it would have given the game a different classification.
10
Note:
The regulations may prescribe circumstances in which an assessment
11
is taken to be misleading, incorrect or grossly inadequate: see
12
subsection 93(2).
13
15 Section 38
14
Repeal the section, substitute:
15
38 Limit on reclassification
16
(1) If a publication, a film or a computer game is classified, the Board
17
must not reclassify the publication, film or computer game within
18
the period of 2 years commencing on the day the decision to
19
classify took effect.
20
(2) If an advertisement is approved or refused approval, the Board
21
must not approve or refuse to approve the advertisement within the
22
period of 2 years commencing on the day the decision to approve
23
or refuse to approve the advertisement took effect.
24
16 Subsection 39(1)
25
Omit "the Board may", substitute "the Minister may request that the
26
Board".
27
17 Subsection 39(2)
28
Repeal the subsection.
29
18 Section 40 (heading)
30
Repeal the heading, substitute:
31
Schedule 6 Other amendments
Part 1 Amendments to the Classification Act
40
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
40 Notice of request to reclassify etc.
1
19 Subsection 40(1)
2
Repeal the subsection, substitute:
3
(1) If the Board is requested to reclassify a publication, a film or a
4
computer game or reconsider a decision on an advertisement, the
5
Director must give notice of the request, inviting submissions
6
about the matter.
7
20 Paragraph 46(c)
8
Repeal the paragraph.
9
21 After subsection 48(1)
10
Insert:
11
(1A) The Governor-General may appoint one or more members referred
12
to in paragraph 46(d) to be Senior Classifiers.
13
22 Subsection 49(1)
14
Omit ", the Deputy Director and the Senior Classifiers", substitute "and
15
the Deputy Director".
16
23 Before section 87
17
Insert:
18
86 Immunity from suit
19
Criminal or civil proceedings do not lie against the following
20
persons:
21
(a) a member of the Board;
22
(b) a member of the Review Board;
23
(c) a member of staff assisting the Board or the Review Board;
24
in relation to anything done, or omitted to be done, in good faith by
25
the person in connection with the performance or purported
26
performance of functions or duties, or the exercise or purported
27
exercise of powers, conferred by this Act.
28
Other amendments Schedule 6
Amendments to the Classification Act Part 1
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
41
24 Subsections 91(1) to (2)
1
Repeal the subsections, substitute:
2
Fee waiver on application
3
(1) The Minister may, on written application, waive all or part of the
4
payment of fees payable, or notionally payable, in respect of an
5
application under this Act if:
6
(a) in the Minister's opinion it is in the public interest to do so
7
for public health or educational reasons; or
8
(b) the body that would be liable, or notionally liable, for the fee
9
is:
10
(i) the Commonwealth, a State or a Territory (or an
11
authority of one of those bodies); or
12
(ii) an entity that is registered under the Australian
13
Charities and Not-for-profits Commission Act 2012; or
14
(iii) a not-for-profit entity that is not an ACNC type of
15
entity; or
16
(c) the payment is for special interest material having a limited
17
distribution that is:
18
(i) wholly or mainly a documentary record of an event; or
19
(ii) of a cultural or like nature; or
20
(iii) a short film from a new or emerging film maker;
21
and, in the Minister's opinion, it is in the public interest to do
22
so.
23
Notice of decision
24
(2) The Minister must, within 28 days after making a decision under
25
subsection (1), notify the applicant in writing of the decision and of
26
the reasons for the decision.
27
25 Subsection 91(5)
28
Repeal the subsection, substitute:
29
Review by AAT
30
(5) Applications may be made to the Administrative Appeals Tribunal
31
for review of decisions under subsection (1).
32
Schedule 6 Other amendments
Part 1 Amendments to the Classification Act
42
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Delegation
1
(6) The Minister may, in writing, delegate his or her power to waive
2
fees to:
3
(a) the Secretary of the Department; or
4
(b) an SES employee, or acting SES employee, in the
5
Department.
6
26 Before paragraph 93(2)(a)
7
Insert:
8
(aa) for the purposes of paragraphs 17A(2)(c), 17B(1)(b) and
9
17C(1)(b)--circumstances in which an assessment of a
10
computer game is taken to contain misleading, incorrect or
11
grossly inadequate information; and
12
27 Paragraph 93(2)(a)
13
Omit "21AA(a)(ii) and 22E(2)(a)(ii)", substitute "17A(2)(a)(ii),
14
21AA(a)(ii), 21AC(a)(ii) and 22E(2)(a)(ii)".
15
28 Section 100
16
Repeal the section.
17
Other amendments Schedule 6
Amendments to the Broadcasting Services Act Part 2
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
43
Part 2
--Amendments to the Broadcasting Services
1
Act
2
Broadcasting Services Act 1992
3
29 Subclauses 28(1) and (2) of Schedule 7
4
Repeal the subclauses, substitute:
5
(1) If content has been classified by the Classification Board
6
(otherwise than because of subclause 24(1) or (2)), the
7
Classification Board must not reclassify the content within the
8
2-year period beginning on the day the decision to classify took
9
effect.
10
(2) After that 2-year period, any of the following may request that the
11
Classification Board reclassify the content:
12
(a) the Minister;
13
(b) the ACMA;
14
(c) if another person applied, under clause 22, for classification
15
of the content--the other person.
16
30 Subclause 28(3) of Schedule 7
17
Omit "required to act under paragraph (1)(b)", substitute "requested to
18
act under subsection (2)".
19
Schedule 6 Other amendments
Part 3 Application and saving provisions
44
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Part 3
--Application and saving provisions
1
31 Amendment relating to use of determined markings
2
Section 8AA of the Classification (Publications, Films and Computer
3
Games) Act 1995, as inserted by this Schedule, applies in relation to
4
conduct engaged in after the commencement of this item.
5
32 Amendments relating to contentious material statements
6
Subsections 14(4A) and 17(2AA) of the Classification (Publications,
7
Films and Computer Games) Act 1995, as inserted by this Schedule,
8
apply in relation to applications for classification made after the
9
commencement of this item.
10
33 Amendments relating to additional content
11
(1)
The amendment of subsection 14(7) of the Classification (Publications,
12
Films and Computer Games) Act 1995 made by this Schedule applies in
13
relation to applications for classification made after the commencement
14
of this item.
15
(2)
Subsection 14(8) of the Classification (Publications, Films and
16
Computer Games) Act 1995, as inserted by this Schedule, applies in
17
relation to applications for classification made after the commencement
18
of this item.
19
34 Amendments relating to applications for television series
20
films
21
The amendments of section 14B of the Classification (Publications,
22
Films and Computer Games) Act 1995 made by this Schedule apply in
23
relation to applications for classification made after the commencement
24
of this item.
25
35 Amendment relating to computer games
26
The amendment of subsection 17(3) of the Classification (Publications,
27
Films and Computer Games) Act 1995 made by this Schedule applies in
28
relation to applications for classification made after the commencement
29
of this item.
30
Other amendments Schedule 6
Application and saving provisions Part 3
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
45
36 Amendments relating to assessors of computer games
1
(1)
Subsections 17A and 17B of the Classification (Publications, Films and
2
Computer Games) Act 1995, as inserted by this Schedule, apply in
3
relation to a person authorised for the purposes of subsection 17(3) of
4
that Act whether the person became authorised for that purpose before
5
or after the commencement of this item.
6
(2)
Subitem (3) applies to a person who was authorised by the Director for
7
the purposes of subsection 17(3) of the Classification (Publications,
8
Films and Computer Games) Act 1995 immediately before the
9
commencement of this item.
10
(3)
Despite the amendment made by item 11, the person continues,
11
immediately after that commencement, to be a person authorised for
12
that purpose.
13
37 Amendments relating to date of classification decision
14
(1)
The amendment of section 38 of the Classification (Publications, Films
15
and Computer Games) Act 1995 made by this Schedule applies in
16
relation to:
17
(a) publications, films and computer games classified before or
18
after the commencement of this item; and
19
(b) advertisements approved or refused approval before or after
20
that commencement.
21
(2)
Subclause 28(1) of Schedule 7 to the Broadcasting Services Act 1992,
22
as substituted by this Schedule, applies in relation to content classified
23
before or after the commencement of this item.
24
38 Amendments relating to reclassification
25
(1)
The amendments of sections 39 and 40 of the Classification
26
(Publications, Films and Computer Games) Act 1995 made by this
27
Schedule do not apply to actions of the Board taken at the request of the
28
Minister, or on its own initiative, before the commencement of this
29
item.
30
(2)
If, before the commencement of this item, the Classification Board had
31
started to take action under paragraph 28(1)(b) of Schedule 7 to the
32
Broadcasting Services Act 1992, the Classification Board may continue
33
Schedule 6 Other amendments
Part 3 Application and saving provisions
46
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
to take that action despite the amendment of clause 28 of Schedule 7 to
1
that Act made by this Schedule.
2
39 Amendment relating to immunity
3
Section 86 of the Classification (Publications, Films and Computer
4
Games) Act 1995, as inserted by this Schedule, applies in relation to
5
things done, or omitted to be done, before or after the commencement
6
of this item.
7
40 Amendments relating to fee waiver
8
The amendments of section 91 of the Classification (Publications,
9
Films and Computer Games) Act 1995 made by this Schedule apply in
10
relation to applications made after commencement of this item.
11
Simplified outlines Schedule 7
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
47
Schedule 7
--Simplified outlines
1
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
1 After section 3
5
Insert:
6
3A Simplified outline of this Act
7
This Act establishes a scheme for classifying publications, films
8
and computer games for the Australian Capital Territory.
9
Certain films and computer games are exempt films or exempt
10
computer games.
11
A publication, film or computer game that is shown as part of a
12
registered event, or by an approved cultural institution, may be
13
subject to a conditional cultural exemption in relation to that
14
showing, if certain criteria are met.
15
A publication, film or computer game may be classified:
16
(a)
by the Classification Board, on application; or
17
(b)
if there is an approved classification tool for the
18
publication, film or computer game--by the operation of
19
the approved classification tool.
20
If a film or computer game is modified in specified ways and is
21
then classified in unmodified form at a later time, both the
22
modified and unmodified forms of the film or computer game have
23
the same classification from that time.
24
If a classified film or computer game is modified, the film or
25
computer game, as modified, becomes unclassified unless specified
26
exceptions apply.
27
The classification of a publication, film or computer game must be
28
revoked by the Board in certain circumstances.
29
Schedule 7 Simplified outlines
48
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
Once a publication, film or computer game is classified, it cannot
1
be reclassified for 2 years. However, applications for a review of
2
classification decisions can be made to the Classification Review
3
Board.
4
The Director of the Board has the power to require publishers of
5
certain unclassified publications, films and computer games to
6
apply for classification of that material in certain circumstances. It
7
is an offence to fail to comply with such a requirement.
8
This Act also provides for copies of unclassified publications, films
9
and computer games that, in the Secretary's opinion, would be
10
likely to be classified RC to be given to the Australian Federal
11
Police and other specified bodies.
12
This Act also prohibits the possession, control and supply of
13
certain material in certain areas of the Northern Territory. Police
14
officers have powers to seize such material in those areas.
15
Note:
This Act is part of a national scheme, and there is complementary
16
legislation in all States and Territories. Under the complementary
17
legislation, some publications and most films and computer games
18
must be classified before they can be legally made available to the
19
public.
20
2 Before Division 1 of Part 1A
21
Insert:
22
Division 1A--Preliminary
23
6AA Simplified outline of this Part
24
Certain films and computer games are exempt films or exempt
25
computer games.
26
A publication, film or computer game that is shown as part of a
27
registered event that meets certain criteria may be subject to a
28
conditional cultural exemption in relation to that showing.
29
Simplified outlines Schedule 7
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
49
A publication, film or computer game that is shown as part of an
1
event organised by an approved cultural institution may be subject
2
to a conditional cultural exemption in relation to that showing.
3
The Director of the Classification Board can modify the operation
4
of the provisions relating to conditional cultural exemptions in
5
relation to specified publications, films, computer games or
6
organisations.
7
3 Before section 7
8
Insert:
9
6J Simplified outline of this Part
10
There are different types of classifications for publications, films
11
and computer games.
12
The Minister may determine markings for each type of
13
classification, as well as principles about the display of markings
14
and of consumer advice for classified material.
15
Classified material, and advertisements for classified material,
16
must display markings and consumer advice in accordance with the
17
Minister's determination.
18
It is an offence to use markings for classifications in particular
19
circumstances.
20
A publication, film or computer game may be classified:
21
(a)
by the Classification Board, on application; or
22
(b)
if there is an approved classification tool for the
23
publication, film or computer game--by the operation of
24
the approved classification tool.
25
If a film or computer game is classified by the Board, the Board
26
must determine consumer advice for the classified material. The
27
Board may determine consumer advice for certain publications.
28
Schedule 7 Simplified outlines
50
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
If a publication, film or computer game is classified by the
1
operation of an approved classification tool, consumer advice for
2
the publication, film or computer game is determined by the tool.
3
If a film or computer game is modified in specified ways and is
4
then classified in unmodified form, both the modified and
5
unmodified forms of the film or computer game have the same
6
classification from that time.
7
If a classified film or computer game is modified, the film or
8
computer game, as modified, becomes unclassified unless specified
9
exceptions apply.
10
A classified film or computer game must have its classification
11
revoked by the Board in certain circumstances.
12
The Director of the Board may require publishers of certain
13
unclassified publications, films and computer games to apply for
14
classification of that material in certain circumstances. It is an
15
offence to fail to comply with such a requirement.
16
Publications, films and computer games that are classified by the
17
Board must be issued with a classification certificate. Applications
18
may be made to the Director for a certificate for publications, films
19
and computer games that are classified by the operation of an
20
approved classification tool.
21
4 Before Division 1 of Part 3
22
Insert:
23
Division 1A--Preliminary
24
28D Simplified outline of this Part
25
The Board may approve or refuse to approve advertisements for
26
publications, films and computer games. In making a decision, the
27
Board must take into account certain matters, including any
28
classification guidelines.
29
Simplified outlines Schedule 7
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
51
The Director of the Board may require publishers of certain
1
publications, films and computer games to seek approval of
2
advertisements for that material. It is an offence to fail to comply
3
with such a requirement.
4
The Minister may determine a scheme for advertising unclassified
5
films and computer games, including specifying conditions on
6
which such material may be advertised.
7
Applications may be made to the Board for an assessment of the
8
likely classification of an unclassified film or computer game for
9
the purpose of advertising the unclassified film or computer game.
10
5 Before section 38
11
Insert:
12
37 Simplified outline of this Part
13
Once a publication, film or computer game is classified, it cannot
14
be reclassified for 2 years.
15
An advertisement that has been approved, or refused approval,
16
cannot be approved, or refused approval, for 2 years.
17
After 2 years, the Minister may request that the Board reclassify
18
the material, or reconsider the advertisement.
19
If the Board is requested to reclassify a publication, a film or a
20
computer game or to reconsider a decision on an advertisement, the
21
Director of the Board must invite submissions, and the Board must
22
consider any submissions that have been made.
23
6 Before section 42
24
Insert:
25
Schedule 7 Simplified outlines
52
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
No. , 2014
41A Simplified outline of this Part
1
Applications for a review of classification decisions can be made to
2
the Classification Review Board.
3
Applications must generally be made within 30 days after the
4
applicant received notice of the decision. This period can be
5
extended by the Review Board.
6
The Review Board can refuse to deal with certain applications.
7
7 Before Division 1 of Part 6
8
Insert:
9
Division 1A--Preliminary
10
44C Simplified outline of this Part
11
This Part establishes the Classification Board and deals with
12
administrative matters associated with it, such as membership and
13
procedures.
14
8 Before Division 1 of Part 7
15
Insert:
16
Division 1A--Preliminary
17
71 Simplified outline of this Part
18
This Part establishes the Classification Review Board and deals
19
with administrative matters associated with it, such as membership
20
and procedures.
21
9 Before section 87
22
Insert:
23
Simplified outlines Schedule 7
No. , 2014
Classification (Publications, Films and Computer Games) Amendment
(Classification Tools and Other Measures) Bill 2014
53
86 Simplified outline of this Part
1
This Part deals with miscellaneous matters, such as waiver of fees
2
and regulations.
3
10 Before section 94
4
Insert:
5
93A Simplified outline of this Part
6
This Part contains transitional provisions relating to the Customs
7
(Cinematograph Films) Regulations.
8
11 After section 98A
9
Insert:
10
98B Simplified outline of this Part
11
There are prohibitions on the possession, control and supply of
12
certain publications, films, games and advertisements in certain
13
areas of the Northern Territory.
14
Police officers have powers to seize such material in those areas.
15
Seized material is generally forfeited to the Commonwealth.
16
The Indigenous Affairs Minister can, after undertaking community
17
consultation, determine that some or all of the provisions of this
18
Part cease to have effect.
19
This Part ceases to have effect at the end of 15 July 2022.
20