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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES)
AMENDMENT (INDUSTRY SELF-CLASSIFICATION AND OTHER
MEASURES) BILL 2023
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by authority of the
Minister for Communications, the Hon Michelle Rowland MP)
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AMENDMENTS TO THE CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) AMENDMENT (INDUSTRY SELF-CLASSIFICATION
AND OTHER MEASURES) BILL 2023
GENERAL OUTLINE
The Parliamentary Amendments clarify the application of the deeming provisions under
section 6HA of the Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023 (the Bill) to the Australian
Broadcasting Corporation (ABC) and Special Broadcasting Service (SBS).
The Bill currently provides that content classified under the relevant provisions in the
Broadcasting Services Act 1992 (BSA) will be deemed as also classified under the
Classification (Publications, Films and Computer Games) Act 1995 (Classification Act).
These deeming provisions will address a regulatory anomaly whereby content broadcast on
terrestrial television, such as Channel 9, is able to be classified under the BSA, while the same
content provided on a broadcaster's online video on-demand service, such as 9Now, is
required to be classified under the Classification Act. This will support a 'classify once'
principle where content that has been classified using almost identical criteria, and that has
not been modified, does not require classification again for distribution in another format.
The Parliamentary Amendments will extend this automatic deeming arrangement to the
national broadcasters by making specific reference to the Australian Broadcasting
Corporation Act 1983 (ABC Act) and the Special Broadcasting Service Act 1991 (SBS
Act). This will ensure that the ABC and SBS are eligible for the deeming provisions in the
same way as broadcasters licensed under the BSA, including commercial television
broadcasting licensees.
The Parliamentary Amendments, and the Bill, are not intended to change the way
broadcasters currently classify content under Codes made pursuant to the BSA, ABC Act
and SBS Act.
FINANCIAL IMPACT
Nil.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
A Statement of Compatibility with Human Rights has been completed in relation to the
Parliamentary Amendments to the Bill. The amendments have been assessed as compatible
with Australia's human rights obligations.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
Classification (Publications, Films and Computer Games) Amendment (Industry
Self-Classification and Other Measures) Bill 2023
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. No additional human rights have been identified in relation to these
amendments.
Human rights implications
These Parliamentary Amendments are compatible with human rights as they do not raise
any human rights issues.
AMENDMENTS TO THE CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) AMENDMENT (INDUSTRY SELF-CLASSIFICATION
AND OTHER MEASURES) BILL 2023
Classification (Publications, Films and Computer Games) Act 1995
1) This item updates Schedule 1, item 1 of the Bill, inserting 'the ABC Act or the SBS
Act' after the BSA. This amends the outline at section 3A to reflect that films
classified under provisions in any of these three Acts are taken to be classified by the
Board in certain circumstances.
2) This item updates Schedule 1, item 3 of the Bill, inserting 'the ABC Act or the SBS
Act' after the BSA. This amends the outline at section 3A to reflect that films
classified under provisions in any of these three Acts that are taken to be classified
by the Board can be re-classified in certain circumstances.
3) This item updates the heading at Schedule 2 of Part 4 of the Bill, to reflect that
deeming provisions apply to films classified under the BSA, the ABC Act or the
SBS Act.
4) This item updates Schedule 2, item 8 of the Bill, amending the note at the end of the
definition of 'classified' in section 5 of the Classification Act to add 'the ABC Act or
the SBS Act' after the BSA.
5) This item updates Schedule 2, item 10 of the Bill, amending the outline of
section 6AA to add 'the ABC Act or the SBS Act' after the BSA.
6) This item updates Schedule 2, item 11 of the Bill, amending the heading of
Division 3, from 'Films classified under the Broadcasting Services Act 1992' to
'Films classified under certain other Acts'.
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7) This item updates Schedule 2, item 11 of the Bill, amending the heading at
section 6HA to read 'Certain films classified under certain other Acts are taken to
be classified under this Act'.
8) This item updates Schedule 2, item 11 of the Bill, amending paragraph 6HA(1)(a) to
add 'the ABC Act or the SBS Act' after the BSA. This paragraph provides that a film
is taken to be classified under the Classification Act if the film has been classified by
a broadcaster at R 18+ or a lower classification under the BSA, the ABC Act or the
SBS Act.
9) This item updates Schedule 2, item 11 of the Bill, amending paragraph 6HA(1)(c) to
add 'the ABC Act or the SBS Act' after the BSA. This paragraph provides that a film
is taken to be classified under the Classification Act if the film has been classified
under the BSA, ABC Act or SBS Act and a person, known as the post-classification
publisher, proposes to publish the film.
For the avoidance of doubt, 'proposes to publish' refers to an intention to publish film
content on any platform, for example broadcast, video on-demand or physical formats
such as DVD.
10) This item updates Schedule 2, item 11 of the Bill, amending subsection 6HA(2), to
omit 'the BSA' and replace it with 'the BSA, the ABC Act or the SBS Act.' This
subsection provides that deeming will apply to the most recent classification of a film
under the BSA, ABC Act or SBS Act, that occurred before the film was published by
the post-classification publisher.
11) This item updates Schedule 2, item 11 of the Bill, inserting a new paragraph
6HA(3)(aa) to clarify that the deeming provision takes effect for content published by
the ABC and the SBS at the time they propose to publish, which is the same as the
conditions at paragraph 6HA(3)(a) for broadcasters licensed under the BSA. The
effect of this is to enable the ABC or SBS to legally carry over a film classification
made under the ABC Act and SBS Act to a different format, with no notification
requirement or administrative burden.
For the avoidance of doubt, it is intended that for post-classification publishers that
fall under paragraphs 6HA(3)(a) or 6HA(3)(aa), deeming will apply to a film that has
been classified regardless of the format of publishing, for example whether the film is
first transmitted via broadcast or on-demand service.
12) This item updates Schedule 2, item 11 of the Bill, amending paragraph 6HA(3)(b)
to omit 'if the post-classification publisher is not such an entity' and replace with
'otherwise.' This is to reflect that this paragraph applies to any entity who intends to
publish content using the deeming provision, other than the ABC, the SBS or those
licensed to provide broadcasting services under the BSA.
13) This item updates Schedule 2, item 11 of the Bill, amending paragraph 6HA(5)(b) to
add 'the ABC Act or the SBS Act' after the BSA. This paragraph reflects that a film
is not able to be deemed under subsection 6HA(1) if the content is a modified version
of a film classified under the BSA, ABC Act or SBS Act.
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14) This item updates Schedule 2, item 13 of the Bill, to add 'the ABC Act or the SBS
Act' after the BSA, in relation to the commencement of amendments under this part
of the Classification Act.
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