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Classification (Publications, Films and Computer Games) Amendment ( Classification Tools and Other Measures) Bill 2014
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Schedule 7 Simplified outlines

   

Classification » (Publications, Films and Computer Games) Act 1995

1  After section 3

Insert:

3A   Simplified outline of this Act

This Act establishes a scheme for classifying publications, films and computer games for the Australian Capital Territory.

Certain films and computer games are exempt films or exempt computer games.

A publication, film or computer game that is shown as part of a registered event, or by an approved cultural institution, may be subject to a conditional cultural exemption in relation to that showing, if certain criteria are met.

A publication, film or computer game may be classified:

       (a)     by the « Classification » Board, on application; or

      (b)     if there is an approved « classification » tool for the publication, film or computer game—by the operation of the approved « classification » tool.

If a film or computer game is modified in specified ways and is then classified in unmodified form at a later time, both the modified and unmodified forms of the film or computer game have the same « classification » from that time.

If a classified film or computer game is modified, the film or computer game, as modified, becomes unclassified unless specified exceptions apply.

The « classification » of a publication, film or computer game must be revoked by the Board in certain circumstances.

Once a publication, film or computer game is classified, it cannot be reclassified for 2 years. However, applications for a review of « classification » decisions can be made to the « Classification » Review Board.

The Director of the Board has the power to require publishers of certain unclassified publications, films and computer games to apply for « classification » of that material in certain circumstances. It is an offence to fail to comply with such a requirement.

This Act also provides for copies of unclassified publications, films and computer games that, in the Secretary’s opinion, would be likely to be classified RC to be given to the Australian Federal Police and other specified bodies.

This Act also prohibits the possession, control and supply of certain material in certain areas of the Northern Territory. Police officers have powers to seize such material in those areas.

Note:          This Act is part of a national scheme, and there is complementary legislation in all States and Territories. Under the complementary legislation, some publications and most films and computer games must be classified before they can be legally made available to the public.

2  Before Division 1 of Part 1A

Insert:

Division 1A Preliminary

6AA   Simplified outline of this Part

Certain films and computer games are exempt films or exempt computer games.

A publication, film or computer game that is shown as part of a registered event that meets certain criteria may be subject to a conditional cultural exemption in relation to that showing.

A publication, film or computer game that is shown as part of an event organised by an approved cultural institution may be subject to a conditional cultural exemption in relation to that showing.

The Director of the « Classification » Board can modify the operation of the provisions relating to conditional cultural exemptions in relation to specified publications, films, computer games or organisations.

3  Before section 7

Insert:

6J   Simplified outline of this Part

There are different types of classifications for publications, films and computer games.

The Minister may determine markings for each type of « classification » , as well as principles about the display of markings and of consumer advice for classified material.

Classified material, and advertisements for classified material, must display markings and consumer advice in accordance with the Minister’s determination.

It is an offence to use markings for classifications in particular circumstances.

A publication, film or computer game may be classified:

       (a)     by the « Classification » Board, on application; or

      (b)     if there is an approved « classification » tool for the publication, film or computer game—by the operation of the approved « classification » tool.

If a film or computer game is classified by the Board, the Board must determine consumer advice for the classified material. The Board may determine consumer advice for certain publications.

If a publication, film or computer game is classified by the operation of an approved « classification » tool, consumer advice for the publication, film or computer game is determined by the tool.

If a film or computer game is modified in specified ways and is then classified in unmodified form, both the modified and unmodified forms of the film or computer game have the same « classification » from that time.

If a classified film or computer game is modified, the film or computer game, as modified, becomes unclassified unless specified exceptions apply.

A classified film or computer game must have its « classification » revoked by the Board in certain circumstances.

The Director of the Board may require publishers of certain unclassified publications, films and computer games to apply for « classification » of that material in certain circumstances. It is an offence to fail to comply with such a requirement.

Publications, films and computer games that are classified by the Board must be issued with a « classification » certificate. Applications may be made to the Director for a certificate for publications, films and computer games that are classified by the operation of an approved « classification » tool.

4  Before Division 1 of Part 3

Insert:

Division 1A Preliminary

28D   Simplified outline of this Part

The Board may approve or refuse to approve advertisements for publications, films and computer games. In making a decision, the Board must take into account certain matters, including any « classification » guidelines.

The Director of the Board may require publishers of certain publications, films and computer games to seek approval of advertisements for that material. It is an offence to fail to comply with such a requirement.

The Minister may determine a scheme for advertising unclassified films and computer games, including specifying conditions on which such material may be advertised.

Applications may be made to the Board for an assessment of the likely « classification » of an unclassified film or computer game for the purpose of advertising the unclassified film or computer game.

5  Before section 38

Insert:

37   Simplified outline of this Part

Once a publication, film or computer game is classified, it cannot be reclassified for 2 years.

An advertisement that has been approved, or refused approval, cannot be approved, or refused approval, for 2 years.

After 2 years, the Minister may request that the Board reclassify the material, or reconsider the advertisement.

If the Board is requested to reclassify a publication, a film or a computer game or to reconsider a decision on an advertisement, the Director of the Board must invite submissions, and the Board must consider any submissions that have been made.

6  Before section 42

Insert:

41A   Simplified outline of this Part

Applications for a review of « classification » decisions can be made to the « Classification » Review Board.

Applications must generally be made within 30 days after the applicant received notice of the decision. This period can be extended by the Review Board.

The Review Board can refuse to deal with certain applications.

7  Before Division 1 of Part 6

Insert:

Division 1A Preliminary

44C   Simplified outline of this Part

This Part establishes the « Classification » Board and deals with administrative matters associated with it, such as membership and procedures.

8  Before Division 1 of Part 7

Insert:

Division 1A Preliminary

71   Simplified outline of this Part

This Part establishes the « Classification Review Board and deals with administrative matters associated with it, such as membership and procedures.

9  Before section 87

Insert:

86   Simplified outline of this Part

This Part deals with miscellaneous matters, such as waiver of fees and regulations.

10  Before section 94

Insert:

93A   Simplified outline of this Part

This Part contains transitional provisions relating to the Customs (Cinematograph Films) Regulations.

11  After section 98A

Insert:

98B   Simplified outline of this Part

There are prohibitions on the possession, control and supply of certain publications, films, games and advertisements in certain areas of the Northern Territory.

Police officers have powers to seize such material in those areas. Seized material is generally forfeited to the Commonwealth.

The Indigenous Affairs Minister can, after undertaking community consultation, determine that some or all of the provisions of this Part cease to have effect.

This Part ceases to have effect at the end of 15 July 2022.