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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 17

Applications for classification of computer games

  (1)   An application for classification of a computer game (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

  (ca)   accompanied by a copy of the game unless the game is an amusement or circuit board game that, in the opinion of the Board, is physically impracticable to submit to the Board's premises for classification; and

  (cb)   if the application is for classification of a computer game that is an add - on--accompanied by a copy of the computer game into which the add - on is capable of generating new elements or additional levels; and

  (d)   accompanied by the prescribed fee for that category of game; and

  (e)   accompanied by a document setting out:

  (i)   the title of the game; and

  (ii)   the year of production; and

  (iii)   the name of the publisher; and

  (iv)   the country of origin; and

  (v)   a description of game play.

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

  (2)   If any part of a computer game is likely to be regarded as containing contentious material, the application must also be accompanied by:

  (a)   particulars of that material and of the means by which access to it may be gained; or

  (b)   a separate recording of that material.

  (2AA)   Subsection   ( 2) does not apply to an application for the classification of a computer game if the application is made only because the computer game became unclassified under section   21 because of a modification that consists only of a change to the title of the computer game.

  (2A)   If the application is for a computer game that is an add - on, the Board must classify the add - on with the computer game into which the add - on is capable of generating new elements or additional levels.

  (3)   If:

  (a)   the applicant is of the opinion that the game would, if classified, be classified G, PG or M; and

  (b)   a notice under section   17C is not in force in relation to the applicant;

the applicant may also submit with the application:

  (c)   an assessment of the computer game, signed by or on behalf of the applicant and prepared by a person authorised by the Director for the purpose; and

  (d)   a copy of any advertisement that is proposed to be used to advertise the game.

  (3A)   An assessment under subsection   ( 3) must:

  (a)   describe, and report on the impact of, any classifiable elements in the game; and

  (b)   recommend a classification of the game; and

  (c)   recommend consumer advice appropriate to the game.

  (4)   If the Director or the Board disagrees with the recommended classification, the Director must give a notice in writing to the applicant:

  (a)   stating the particulars of the disagreement; and

  (b)   inviting 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.

  (5)   The Director may authorise a person for the purpose of subsection   ( 3) only if the person has completed training approved by the Director in the making of assessments .

  (6)   The Director must not authorise a person for the purposes of subsection   ( 3) if a notice under section   17B is in force in relation to the person.


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