Commonwealth Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 14

Applications for classification of films

General rules

  (1)   An application for classification of a film (other than an enforcement application--see section   22A) must be:

  (a)   in writing; and

  (b)   made in a form approved by the Director in writing; and

  (c)   signed by or on behalf of the applicant; and

  (d)   accompanied by:

  (ia)   a copy of the film; and

  (i)   the prescribed fee for that category of film; and

  (ii)   an adequate written synopsis of the film in English that includes a statement or summary of any incidents, or of the plot, depicted or intended to be depicted by the film.

Note:   For an applicant that is the Commonwealth or a Commonwealth entity: see section   91A.

  (2)   An application for classification of a film may be accompanied by a copy of any advertisement that is proposed to be used to advertise the film.

Additional rule for films comprising computer generated images

  (4)   If:

  (a)   an application is made for classification of a film (other than an enforcement application--see section   22A) that comprises a recording from which a computer generated image can be produced; and

  (b)   the recording enables a person using it to choose from 2 or more visual images the image that will be viewed;

the application must include particulars of any contentious material in the film and of the means by which access to that material may be gained.

  (4A)   Subsection   (4) does not apply to an application for the classification of a film if the application is made only because the film became unclassified under section   21 because of a modification that consists only of a change to the title of the film.

Additional rules for films comprising classified films, exempt films and additional content

  (5)   If:

  (a)   an application is for classification of a film that comprises:

  (i)   one or more classified films and additional content; or

  (ii)   one or more classified films, one or more exempt films and additional content; or

  (iii)   one or more exempt films and additional content; and

  (b)   the applicant is of the opinion that the film would, if classified, be classified at a particular classification that is R 18+ or a lower classification; and

  (c)   a notice under section   22H is not in force in relation to the applicant;

the applicant may also submit with the application an assessment of the additional content prepared by an additional content assessor and signed by, or on behalf of, the applicant.

  (6)   An assessment under subsection   (5) must:

  (a)   if the film includes one classified film--describe, and report on the impact of, any classifiable elements in the additional content that are at the same or higher level as the classified film; and

  (b)   if the film includes more than one classified film--describe, and report on the impact of, any classifiable elements in the additional content that are at the same or higher level as the classified film with the highest classification; and

  (c)   if the film does not include a classified film--describe, and report on the impact of, all classifiable elements in the additional content; and

  (d)   recommend a classification of the additional content; and

  (e)   recommend consumer advice appropriate to the additional content; and

  (f)   deal with any other matter prescribed by the regulations.

  (7)   If the Director or the Board disagrees with the recommended classification of the additional content, the Director must give a notice in writing to the applicant stating the particulars of the disagreement.

  (8)   If any of the following paragraphs applies in relation to the film, the notice under subsection   (7) must also invite the applicant to make, within 14 days after receiving the notice, any additional submissions the applicant may wish to make before the Board makes a decision on the application:

  (a)   if the film includes one classified film--the Director or the Board is of the opinion that the film would, if classified, be classified at a higher classification than the classified film;

  (b)   if the film includes more than one classified film--the Director or the Board is of the opinion that the film would, if classified, be classified at a higher classification than the classified film with the highest classification;

  (c)   the film does not include a classified film.


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