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

Schedule 2 Amendments relating to the administrative arrangements of the Classification Board and the Classification Review Board

Part 1 Amendments

Classification (Publications, Films and Computer Games) Act 1995

1  Section 4

Omit “and the Director”, substitute “, the Director and the Convenor”.

2  Subsection 22C(2)

Omit “or the Director”, substitute “, the Director or the Convenor”.

3  After subsection 25(1)

Insert:

          (1A)  The Convenor must issue a classification certificate for each publication, film and computer game that is classified by the Review Board.

          (1B)  If:

                     (a)  the Director has issued a classification certificate (the first certificate ) for a publication, film or computer game; and

                     (b)  the Convenor issues a classification certificate (the second certificate ) for the publication, film or computer game;

the first certificate is taken to be revoked at the time the Convenor gives written notice to the applicant under subsection 26(3).

4  Subsection 26(3)

Repeal the subsection, substitute:

             (3)  The Convenor must give written notice of a decision of the Review Board to:

                     (a)  the applicant; and

                     (b)  the persons who, in the Convenor’s opinion, have an interest in the matter, whether as a publisher of the publication, film or computer game or otherwise.

Note 1:    The following heading to subsection 26(1) is inserted “ Notice of decisions by the Board ”.

Note 2:    The following heading to subsection 26(3) is inserted “ Notice of decisions by the Review Board ”.

Note 3:    The following heading to subsection 26(4) is inserted “ Time for giving notice ”.

Note 4:    The following heading to subsection 26(5) is inserted “ Certificate as notice of decision ”.

5  Subsection 27(1)

Repeal the subsection, substitute:

Applications to the Director

             (1)  A person may apply to the Director for a copy of:

                     (a)  a classification certificate issued by the Director under subsection 25(1); or

                     (b)  a notice given by the Director under subsection 26(1).

6  At the end of section 27

Add:

Applications to the Convenor

             (4)  A person may apply to the Convenor for a copy of:

                     (a)  a classification certificate issued by the Convenor under subsection 25(1A); or

                     (b)  a notice given by the Convenor under subsection 26(3).

             (5)  If the application is not an enforcement application, the Convenor must give the copy to the applicant after the applicant pays the prescribed fee.

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

             (6)  If the application is an enforcement application, the Convenor must give the copy to the applicant after the applicant makes the application. The applicant must pay the prescribed fee on or after making the application.

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

7  Subsection 44A(1)

Omit “Director”, substitute “Convenor”.

8  Subsection 44B(2)

Omit “or the Director”, substitute “, the Director or the Convenor”.

9  Paragraph 53(a)

Omit “, 30 or 44A”, substitute “or 30”.

10  Subsection 59(1)

After “this Act”, insert “or the regulations”.

11  Subsection 59(2)

Repeal the subsection, substitute:

             (2)  Subject to subsection (3), the Director may, by signed instrument, delegate to a member of staff mentioned in section 88A:

                     (a)  all or any of the Board’s powers under this Act in relation to:

                              (i)  the classification of publications, films or computer games; or

                             (ii)  the approval of advertisements for publications, films or computer games; and

                     (b)  all or any of the Director’s powers under the regulations.

12  Subsection 59(3)

Omit “subsection (2)”, substitute “paragraph (2)(a)”.

13  Section 71

Repeal the section.

14  At the end of Division 2 of Part 7

Add:

77A   Powers of Convenor under State/Territory laws

                   The Convenor may exercise powers conferred on him or her by a provision of a law of a State or the Northern Territory that corresponds to section 44A.

15  Before section 80

Insert:

79A   Delegations

             (1)  The Convenor may, by signed instrument, delegate to another member of the Review Board all or any of the Convenor’s powers under this Act or the regulations.

             (2)  Subject to subsection (3), the Convenor may, by signed instrument, delegate to a member of staff mentioned in section 88A:

                     (a)  all or any of the Review Board’s powers under this Act in relation to:

                              (i)  the classification of publications, films or computer games; or

                             (ii)  the approval of advertisements for publications, films or computer games; and

                     (b)  all or any of the Convenor’s powers under the regulations.

             (3)  A power may only be delegated under paragraph (2)(a) if the Review Board has, by resolution, determined that the delegation is desirable for the efficient running of the Review Board.

16  Section 86

Repeal the section.

17  At the end of subsection 87(1)

Add “by the Director or by the Board”.

Note:       The following heading to subsection 87(1) is inserted “ Applications to the Director ”.

18  At the end of section 87

Add:

Applications to the Convenor

             (4)  A person may apply to the Convenor for a certificate about action taken, or not taken, under this Act by the Convenor or by the Review Board.

             (5)  If the application is not an enforcement application, the Convenor must give the certificate to the applicant after the applicant pays the prescribed fee.

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

             (6)  If the application is an enforcement application, the Convenor must give the certificate to the applicant after the applicant makes the application. The applicant must pay the prescribed fee on or after making the application.

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

19  After section 87A

Insert:

87B   Review Board to make decisions within a specified time

             (1)  The Review Board must make a decision on an application for a review of a decision within 20 business days, or such other period as is prescribed by the regulations for the application. The time from which the period runs is to be worked out in the way prescribed by the regulations.

             (2)  If the Review Board does not make the decision within the period, the Convenor must state the reason for the Review Board not doing so in the annual report given to the Minister under section 85.

20  Paragraphs 89(b) and (c)

After “the Director”, insert “or Convenor”.

21  Subsection 91(1)

Omit “under this Act”, substitute “in respect of an application under this Act to the Board or Director”.

Note:       The following heading to subsection 91(1) is inserted “ Waiver by Director ”.

22  Subsection 91(1A)

Repeal the subsection, substitute:

Waiver by Convenor

          (1A)  The Convenor may, on application in writing by a person, waive all or part of the payment of fees payable, or notionally payable, in respect of an application under this Act to the Review Board or Convenor if:

                     (a)  in the Convenor’s opinion it is in the public interest to do so for public health or educational reasons; or

                     (b)  the body that would be liable, or notionally liable, for the fee is:

                              (i)  the Commonwealth, a State or a Territory (or an authority of one of those bodies); or

                             (ii)  a non-profit organisation; or

                     (c)  the payment is for special interest material having a limited distribution that is:

                              (i)  wholly or mainly a documentary record of an event; or

                             (ii)  of a cultural or like nature; or

                            (iii)  a short film from a new or emerging film maker;

and, in the Convenor’s opinion, it is in the public interest to do so.

Fee waiver in accordance with principles

          (1B)  The payment of fees may only be waived:

                     (a)  by the Director under subsection (1); or

                     (b)  the Convenor under subsection (1A);

in accordance with the written principles determined by the Minister, in consultation with the participating Ministers.

23  Subsection 91(2)

After “Director” (first occurring), insert “or Convenor”.

Note:       The following heading to subsection 91(2) is inserted “ Notice of decision ”.

24  Subsection 91(2)

After “Director” (second occurring), insert “or Convenor, as the case may be,”.

25  At the end of section 91

Add:

Review by AAT

             (5)  An application may be made to the Administrative Appeals Tribunal for review of a decision of:

                     (a)  the Director under subsection (1); or

                     (b)  the Convenor under subsection (1A).

26  After section 92

Insert:

92A   Proceedings arising out of administration of Board or Review Board

                   Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Board or the Review Board, including any proceeding relating to anything done by the Director or the Convenor, may be instituted by or against the Commonwealth.



 

Part 2 Application, transitional and saving provisions

27  Application provisions

(1)       The amendments made by items 2 and 8 of this Schedule apply to decisions made, and actions taken, by the Convenor before or after the commencement of those items.

(2)       The amendments made by items 3 and 4 of this Schedule apply to publications, films and computer games that are classified by the Review Board on or after the commencement of those items, whether the application for review of the decision in relation to the publication, film or computer game is made before or after the commencement of those items.

(3)       The amendment made by item 5 of this Schedule applies to applications made to the Director on or after the commencement of that item.

(4)       The amendment made by item 7 of this Schedule applies to the making of a requirement on or after the commencement of that item, in relation to applications for review that are made before or after commencement.

(5)       The amendments made by items 13 and 26 of this Schedule apply in relation to judicial or other proceedings commenced after the commencement of those items, whether the thing was done before or after the commencement of those items.

(6)       The amendment made by item 16 of this Schedule applies in relation to decisions of the Director made on or after the commencement of that item.

(7)       The amendments made by items 17 and 18 of this Schedule apply in relation to applications made on or after the commencement of those items.

(8)       The amendment made by item 19 of this Schedule applies in relation to:

                     (a)  applications for review made on or after the commencement of that item; and

                     (b)  annual reports given to the Minister under section 85 of the Classification (Publications, Films and Computer Games) Act 1995 for the financial year in which the item commences, and for later financial years.

(9)       The amendments made by items 21 to 24 of this Schedule apply in relation to applications made on or after the commencement of those items.

(10)     The amendment made by item 25 of this Schedule applies in relation to decisions of the Director or Convenor made on or after the commencement of that item.

28  Transitional provision—fee waiver principles

(1)       This item applies to written principles that were:

                     (a)  determined under subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995 ; and

                     (b)  in force immediately before the commencement of item 22 of this Schedule.

(2)       The written principles have effect, and may be dealt with, in relation to the waiver of fees by the Director under subsection 91(1) of the Classification (Publications, Films and Computer Games) Act 1995 (as amended by this Act) after the commencement of item 22 of this Schedule, as if they had been determined under subsection 91(1B) of the Classification (Publications, Films and Computer Games) Act 1995 as inserted by this Act.

29  Transitional provision—powers of the Director

Despite the amendment made to section 44A of the Classification (Publications, Films and Computer Games) Act 1995 by item 7 of this Schedule, a provision of a law of a State or the Northern Territory is to be taken, for the purposes of paragraph 53(a) of the Classification (Publications, Films and Computer Games) Act 1995 , to correspond to section 44A of that Act during the period that:

                     (a)  starts when that item commences; and

                     (b)  ends when item 9 of this Schedule commences.