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Classification (Publications, Films and Computer Games) Amendment Bill 2007

Schedule 1 Integration amendments

Part 1 Amendments

Broadcasting Services Act 1992

1  Paragraphs 100(2)(c) and 119(2)(c)

Omit “administered by the Office of Film and Literature Classification”, substitute “provided for by the Classification (Publications, Films and Computer Games) Act 1995 ”.

2  Paragraphs 123(3A)(a) and 123(3C)(a)

Omit “administered by the Office of Film and Literature Classification”, substitute “provided for by the Classification (Publications, Films and Computer Games) Act 1995 ”.

3  Paragraphs 89(1)(g) to (i) of Schedule 5

Repeal the paragraphs, substitute:

                     (g)  a member of staff assisting the Classification Board or Classification Review Board as mentioned in section 88A of the Classification (Publications, Films and Computer Games) Act 1995 ;

                     (h)  a consultant engaged to assist in the performance of the Classification Board’s or Classification Review Board’s functions;

Classification (Publications, Films and Computer Games) Act 1995

4  Subsection 17(5)

Omit all the words after “completed training”, substitute “approved by the Director in the making of assessments”.

5  Subsection 52(1)

Omit “(1)”.

6  Subsections 52(2) and (3)

Repeal the subsections.

7  Division 3 of Part 6

Repeal the Division.

8  Subsection 59(1)

Omit “, other than powers under subsection 54(2)”.

9  Section 67

Repeal the section, substitute:

67   Annual report

             (1)  As soon as practicable after the end of each financial year, the Director must give to the Minister a report of the management of the administrative affairs of the Board during the financial year.

             (2)  The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

10  Section 68

Repeal the section.

11  Section 69

Repeal the section.

12  Section 70

Repeal the section.

13  After section 88

Insert:

88A   Staff assisting the Board and the Review Board

                   The staff assisting the Board and the Review Board are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Secretary of the Department.

Freedom of Information Act 1982

14  Division 1 of Part II of Schedule 2 (item relating to the Attorney-General’s Department)

After “the Australian Government Solicitor”, insert “and in relation to exempt Internet-content documents concerning the performance of a function, or the exercise of a power, under Schedule 5 to the Broadcasting Services Act 1992 .

15  Division 1 of Part II of Schedule 2 (item relating to the Office of Film and Literature Classification)

Repeal the item.



 

Part 2 Application, transitional and saving provisions

16  Transitional provision—conditions of licences

(1)       This item applies to a condition that was:

                     (a)  imposed in relation to a matter mentioned in paragraph 100(2)(c) or 119(2)(c) of the Broadcasting Services Act 1992 ; and

                     (b)  in force immediately before the commencement of item 1 of this Schedule.

(2)       The condition has effect, after the commencement of item 1 of this Schedule, as if it had been imposed in relation to a matter mentioned in paragraph 100(2)(c) or 119(2)(c) of the Broadcasting Services Act 1992 as amended by this Schedule.

17  Transitional provision—codes of practice

(1)       This item applies to codes of practice referred to in paragraph 123(2)(a), (b) or (c) of the Broadcasting Services Act 1992 :

                     (a)  that met the requirement referred to in paragraph 123(3A)(a) or (3C)(a) of that Act; and

                     (b)  that were in operation immediately before the commencement of item 2 of this Schedule.

(2)       The codes of practice have effect, after the commencement of item 2 of this Schedule, as if they met the requirement referred to in paragraph 123(3A)(a) or (3C)(a) of that Act as amended by this Schedule.

18  Transitional provision—training

If:

                     (a)  before the commencement of item 4 of this Schedule, a person had completed training by the Office of Film and Literature Classification in the making of assessments; and

                     (b)  immediately before that commencement, the person was authorised by the Director for the purposes of subsection 17(3) of the Classification (Publications, Films and Computer Games) Act 1995 ;

then, on and after that commencement, the person is taken to have completed training approved by the Director in the making of assessments.

19  Application provision—annual report

(1)       The amendment made by item 9 of this Schedule applies to annual reports required to be given after the commencement of that item.

(2)       Section 67 of the Classification (Publications, Films and Computer Games) Act 1995 , as in force immediately before the commencement of item 9 of this Schedule, continues to apply as if subsection 67(1) were as follows:

             (1)  As soon as practicable after the end of the financial year in which item 9 of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2006 commences, the Director must give to the Minister:

                     (a)  a report of the management of the administrative affairs of the Board for the part of the financial year that occurred before that commencement; and

                     (b)  financial statements for the Board and the Review Board for the part of the financial year that occurred before that commencement.

20  Application provision—audit

(1)       The amendment made by item 11 of this Schedule applies to financial years that commence on or after the commencement of that item.

(2)       This subitem applies if, before the commencement of item 11 of this Schedule, the Auditor-General had not complied with section 69 of the Classification (Publications, Films and Computer Games) Act 1995 for the financial year in which that item commences.

(3)       If subitem (2) applies, section 69 of the Classification (Publications, Films and Computer Games) Act 1995 , as in force immediately before the commencement of item 11 of this Schedule, continues to apply as if subsection 69(1) were as follows:

             (1)  The Auditor-General must, within 3 months after the end of the financial year in which item 11 of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2006 commences, inspect and audit:

                     (a)  the accounts and records of financial transactions relating to the administration of the affairs of the Board and of the Review Board; and

                     (b)  the records relating to assets held by, or in the custody of, the Director on behalf of the Commonwealth;

for the part of the financial year that occurred before the commencement of that item.

21  Application provision—access to accounts and records

Despite the repeal of section 70 of the Classification (Publications, Films and Computer Games) Act 1995 by item 12 of this Schedule, that section continues to apply, in relation to accounts and records mentioned in subsection 70(1) of that Act (as in force before the commencement of that item) that relate to the whole or part of any financial years that occurred before the commencement of that item, as if that repeal had not happened.

22  Application provision—exempt documents

The amendment made by item 14 of this Schedule applies to exempt Internet-content documents on or after the commencement of that item, whether the documents came into existence before, on or after commencement of that item.