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

Schedule 3 Amendments to streamline the classification process

Part 1 Amendments

Classification (Publications, Films and Computer Games) Act 1995

1  Section 5

Insert:

additional content in a film that also comprises a classified film or an exempt film includes, but is not limited to:

                     (a)  additional scenes for the classified film or exempt film (such as alternative endings or deleted scenes); and

                     (b)  a film of the making of the classified film or exempt film; and

                     (c)  interviews with, and commentaries by, directors, actors and other persons involved with the making of the classified film or exempt film; and

                     (d)  such other material as is prescribed by the regulations;

but does not include:

                     (e)  a work; or

                      (f)  such other material as is prescribed by the regulations.

2  Section 5

Insert:

additional content assessor means a person who is authorised by the Director under section 22D.

3  Section 5

Insert:

classifiable elements has the same meaning as in the Guidelines determined under subsection 12(1) and as in force from time to time.

4  Section 5 (after paragraph (i) of the definition of decision )

Insert:

                            (ia)  to revoke the classification of a film under section 21AA; or

5  Section 5 (paragraph (a) of the definition of work )

Repeal the paragraph, substitute:

                     (a)  a cinematic composition that appears to be:

                              (i)  self-contained; and

                             (ii)  produced for viewing as a discrete entity; or

                    (aa)  a television program; or

6  At the end of section 14

Add:

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:

                     (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.

Note 1:    The following heading to subsection 14(1) is inserted “ General rules ”.

Note 2:    The following heading to subsection 14(4) is inserted “ Additional rule for films comprising computer generated images ”.

7  After section 14

Insert:

14A   Films consisting only of classified films

                   Despite any other provision of this Act, a film:

                     (a)  that is contained on one device; and

                     (b)  that consists only of 2 or more classified films;

is to be treated, for the purposes of this Act, as if each of the classified films were on a separate device.

8  At the end of subsection 21(2)

Add:

               ; or (c)  for a classified film—the addition or removal of navigation functions; or

                     (d)  for a classified film—the addition or removal of material which:

                              (i)  provides a description or translation of the audio or visual content of the film; and

                             (ii)  would not be likely to cause the film to be given a higher classification.

Example:    A film which has been classified has captions added for the hearing impaired. This addition would not cause the film to become unclassified under subsection 21(1).

9  After section 21A

Insert:

21AA   Revocation of classification of films containing additional content

                   The Board must revoke the classification of a film that has been classified taking into account an assessment prepared by an additional content assessor under subsection 14(5) if it is satisfied that:

                     (a)  the additional content contains any classifiable elements that:

                              (i)  were not brought to the Board’s attention in accordance with paragraph 14(6)(a), (b) or (c) before the classification was made; or

                             (ii)  were brought to the Board’s attention in accordance with paragraph 14(6)(a), (b) or (c) before the classification was made but the assessment of the elements was misleading, incorrect or grossly inadequate; and

                     (b)  if the Board had been aware of the matters mentioned in subparagraph (a)(i) or (ii) before the classification was made, it would have given the film a different classification.

Note:          The regulations may prescribe circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate: see subsection 93(2).

10  After Division 2 of Part 2

Insert:

Division 2A Assessments of additional content

Subdivision A Additional content assessors

22D   Additional content assessors

             (1)  Subject to subsection (2), the Director may, in writing, authorise a person to prepare assessments of additional content under subsection 14(5).

             (2)  The Director must not authorise a person if:

                     (a)  a notice under section 22F is in force in relation to the person; or

                     (b)  the person has not completed training approved by the Director in the making of assessments.

22E   Revocation of additional content assessor status

             (1)  The Director may, in writing, revoke an authorisation in relation to an additional content assessor if the Director is satisfied that one or more of the conditions mentioned in subsection (2) apply to the additional content assessor.

             (2)  The conditions are as follows:

                     (a)  the additional content assessor has prepared an assessment of the additional content in a film and the additional content contains classifiable elements that:

                              (i)  were not brought to the Board’s attention in accordance with paragraph 14(6)(a), (b) or (c) before the classification was made; or

                             (ii)  were brought to the Board’s attention in accordance with paragraph 14(6)(a), (b) or (c) before the classification was made but the assessment of the elements was misleading, incorrect or grossly inadequate;

                     (b)  if the Director has requested the additional content assessor complete further training approved by the Director in the making of assessments—the additional content assessor has not completed the training;

                     (c)  the additional content assessor has prepared at least two assessments under subsection 14(5) which contain misleading, incorrect or grossly inadequate information;

                     (d)  any other conditions prescribed by the regulations.

Note:          The regulations may prescribe circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate, or to contain misleading, incorrect or grossly inadequate information: see subsection 93(2).

22F   Barring notice to additional content assessor

             (1)  The Director may give a written notice to a person if the Director is satisfied that:

                     (a)  both of the following apply:

                              (i)  the Board classified a film taking into account an assessment of the additional content in the film prepared by the person;

                             (ii)  the Board has revoked the classification of the film under section 21AA; or

                     (b)  the person has prepared at least two assessments under subsection 14(5) which contain misleading, incorrect or grossly inadequate information; or

                     (c)  the person meets any other condition set out in the regulations.

Note 1:       If the Director gives a notice to a person under this subsection, the person cannot be authorised to prepare assessments of additional content while the notice remains in force: see section 22D.

Note 2:       The regulations may prescribe circumstances in which an assessment is taken to contain misleading, incorrect or grossly inadequate information: see subsection 93(2).

             (2)  The notice takes effect from the date specified in the notice and continues in force for the period specified in the notice. The period must not exceed 3 years.

22G   Review by AAT

                   An application may be made to the Administrative Appeals Tribunal for review of a decision of the Director under subsection 22E(1) or 22F(1).

Subdivision B Barring notices to applicants

22H   Barring notice to applicant

             (1)  The Director may give a written notice to a person if:

                     (a)  the person has submitted at least two applications that were accompanied by assessments under subsection 14(5); and

                     (b)  the assessments contained misleading, incorrect or grossly inadequate information; and

                     (c)  as a result of those assessments, the Director revoked the authorisation of the additional content assessors who prepared them.

Note 1:       If the Director gives a notice to a person under this subsection, the person cannot submit an assessment of additional content with an application for classification of a film while the notice remains in force: see subsection 14(5).

Note 2:       The regulations may prescribe circumstances in which an assessment is taken to contain misleading, incorrect or grossly inadequate information: see subsection 93(2).

             (2)  The notice takes effect from the date specified in the notice and continues in force for the period specified in the notice. The period must not exceed 3 years.

22J   Review by AAT

                   An application may be made to the Administrative Appeals Tribunal for review of a decision of the Director under subsection 22H(1).

11  Section 93

Before “The Governor-General”, insert “(1)”.

Note:       The following heading to subsection 93(1) is inserted “ General regulation-making power ”.

12  At the end of section 93

Add:

Regulations in relation to assessments of additional content

             (2)  Without limiting subsection (1), the regulations may prescribe:

                     (a)  for the purposes of subparagraphs 21AA(a)(ii) and 22E(2)(a)(ii)—circumstances in which an assessment of classifiable elements is taken to be misleading, incorrect or grossly inadequate; and

                     (b)  for the purposes of paragraphs 22E(2)(c), 22F(1)(b) and 22H(1)(b)—circumstances in which an assessment of additional content is taken to contain misleading, incorrect or grossly inadequate information.

             (3)  To avoid doubt, the regulations are not to be taken to limit the circumstances in which:

                     (a)  an assessment is misleading, incorrect or grossly inadequate; or

                     (b)  an assessment contains misleading, incorrect or grossly inadequate information.



 

Part 2 Application, transitional and saving provisions

13  Application of amendments

(1)       The amendments made by items 1 to 4 and item 6 of this Schedule apply to applications for classification of films made on or after the commencement of those items.

(2)       The amendment made by item 5 of this Schedule applies to applications for classification of films and computer games made on or after the commencement of that item.

(3)       On and after the commencement of item 7 of this Schedule, the amendment made by that item applies to films ( new films ) that are contained on one device and consist only of 2 or more classified films:

                     (a)  whether the new films were created before or after the commencement of that item; and

                     (b)  whether the classified films were classified before or after the commencement of that item.

(4)       The amendment made by item 8 of this Schedule applies to modifications made to classified films after the commencement of that item, whether the film was classified before or after the commencement of that item.