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Classification (Publications, Films and Computer Games) Charges Bill 1998

1998

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Classification (Publications, Films and Computer Games) Charges Bill 1998

 

No.      , 1998

 

(Attorney-General)

 

 

 

A Bill for an Act to impose charges in respect of applications made under the Classification (Publications, Films and Computer Games) Act 1995

   

   

   



Contents

Part 1—Preliminary                                                                                                                1

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ This Act binds the Crown.................................................................. 2

4............ Definitions.......................................................................................... 2

Part 2—Charges on applications                                                                                     3

5............ Application for classification of a publication................................... 3

6............ Application for classification of a film............................................... 3

7............ Application for classification of a computer game............................. 3

8............ Application for a copy of a classification certificate or a notice........ 3

9............ Application for approval of an advertisement................................... 3

10.......... Application for a certificate of exemption.......................................... 4

11.......... Application for review of a decision.................................................. 4

12.......... Application for an evidentiary certificate........................................... 4

Part 3—Regulations                                                                                                               5

13.......... Regulations may amend a Schedule to this Act.................................. 5

Schedule 1—Charge for application for classification of a publication     6

1............ Publication.......................................................................................... 6

Schedule 2—Charge for application for classification of a film         7

Part 1—Film for public exhibition that is not an interactive film                   7

1............ Film for public exhibition that is not an interactive film.................... 7

Part 2—Film for sale or hire that is not an interactive film                              9

2............ Film for sale or hire that is not an interactive film.............................. 9

Part 3—Interactive film                                                                                                      11

3............ Interactive film.................................................................................. 11

Part 4—Separate applications made at the same time for classification of a film 12

4............ Separate applications made at the same time for classification of a film 12

Schedule 3—Charge for application for classification of a computer game         14

1............ Computer game................................................................................. 14

Schedule 4—Charge for application for various certificates                 15

Part 1—Classification certificate or a notice                                                          15

1............ Classification certificate or a notice.................................................. 15

Part 2—Exemption certificate: advertising for unclassified films              16

2............ Exemption certificate........................................................................ 16

Part 3—Evidentiary certificates                                                                                    17

3............ Evidentiary certificate....................................................................... 17

Schedule 5—Charge for application for approval of an advertisement     18

1............ Advertisement.................................................................................. 18

Schedule 6—Charge for application for review of a decision of the Board           19

Part 1—Decision to classify, refuse to classify or reclassify a publication, film or computer game             19

1............ Publication or computer game.......................................................... 19

2............ Film................................................................................................... 19

3............ Applications made at the same time for review of decisions to classify, refuse to classify or reclassify a film     21

Part 2—Decision to determine the consumer advice to apply to a film or computer game               23

4............ Film................................................................................................... 23

5............ Computer game................................................................................. 23

Part 3—Other decisions of the Board                                                                        24

6............ Other decisions................................................................................. 24

 



A Bill for an Act to impose charges in respect of applications made under the Classification (Publications, Films and Computer Games) Act 1995

The Parliament of Australia enacts:



Schedule 1 Charge for application for classification of a publication

   

   

1   Publication

                   The following table sets out the amount of charge for an application for classification of publication:

 

Table to work out amount of charge

Item

If the publication is ...

the charge is ...

1

a book

$190

2

a calendar, or a card, or packaging or wrapping enclosing an audio recording

$160

3

a magazine

$210

4

a publication not covered by item 1, 2 or 3

$210



 

Schedule 2 Charge for application for classification of a film

Part 1 Film for public exhibition that is not an interactive film

   

1   Film for public exhibition that is not an interactive film

             (1)  The following table sets out the amount of charge for an application for classification of a film (other than an application covered by subclause (2) or (3) or Part 4) if the film:

                     (a)  is for public exhibition; and

                     (b)  is not an interactive film:

 

Table to work out amount of charge

Item

If the film has a running time of ...

the charge is ...

1

0-15 minutes

$1,210

2

16-30 minutes

$1,290

3

31-60 minutes

$1,430

4

61-90 minutes

$1,610

5

91-120 minutes

$1,780

6

121-150 minutes

$1,950

7

151-200 minutes

$2,190

8

201-300 minutes

$2,630

9

more than 300 minutes

$3,210

             (2)  The following table sets out the amount of charge for an application for classification of a film (other than an application covered by Part 4) if the film:

                     (a)  is a revised version; and

                     (b)  is for public exhibition; and

                     (c)  is not an interactive film:

 

Table to work out amount of charge

Item

If the film has a running time of ...

the charge is ...

1

0-15 minutes

$1,120

2

16-30 minutes

$1,180

3

31-60 minutes

$1,290

4

61-90 minutes

$1,420

5

91-120 minutes

$1,540

6

121-150 minutes

$1,640

7

151-200 minutes

$1,790

8

201-300 minutes

$2,090

9

more than 300 minutes

$2,380

             (3)  The amount of charge for an application for classification of a film (other than an application covered by subclause (2) or Part 4) is $1,120 if the film:

                     (a)  has had its title changed since it was last classified; and

                     (b)  is for public exhibition; and

                     (c)  is not an interactive film.



 

Part 2 Film for sale or hire that is not an interactive film

   

2   Film for sale or hire that is not an interactive film

             (1)  The following table sets out the amount of charge for an application for classification of a film (other than an application covered by subclause (2) or (3) or Part 4) if the film:

                     (a)  is for sale or hire; and

                     (b)  is not an interactive film:

 

Table to work out amount of charge

Item

If the film has a running time of ...

the charge is ...

1

0-15 minutes

$810

2

16-30 minutes

$840

3

31-60 minutes

$880

4

61-90 minutes

$950

5

91-120 minutes

$1,030

6

121-150 minutes

$1,090

7

151-200 minutes

$1,180

8

201-300 minutes

$1,360

9

more than 300 minutes

$1,590

             (2)  The following table sets out the amount of charge for an application for classification of a film (other than an application covered by Part 4) if the film:

                     (a)  is a revised version; and

                     (b)  is for sale or hire; and

                     (c)  is not an interactive film:

 

Table to work out amount of charge

Item

If the film has a running time of ...

the charge is ...

1

0-15 minutes

$770

2

16-30 minutes

$810

3

31-60 minutes

$850

4

61-90 minutes

$920

5

91-120 minutes

$960

6

121-150 minutes

$1,030

7

151-200 minutes

$1,100

8

201-300 minutes

$1,250

9

more than 300 minutes

$1,430

             (3)  The amount of charge for an application for classification of a film (other than an application covered by subclause (2) or Part 4) is $770 if the film:

                     (a)  has had its title changed since it was last classified; and

                     (b)  is for sale or hire; and

                     (c)  is not an interactive film.



 

Part 3 Interactive film

   

3   Interactive film

                   The following table sets out the amount of charge for an application for classification of an interactive film that is for public exhibition or for sale or hire:

 

Table to work out amount of charge

Item

If the film is ...

the charge is ...

1

demonstrated by the applicant before the Board for the purposes of classification

$1,090

2

a revised version

$950

3

not covered by item 1 or 2

$2,340



 

Part 4 Separate applications made at the same time for classification of a film

   

4   Separate applications made at the same time for classification of a film

             (1)  If, because of subsection 14(3) of the Classification Act, separate applications (other than applications covered by subclause (2) or (3)) are made by the same applicant for classification of a film that:

                     (a)  is for public exhibition; and

                     (b)  is for sale or hire; and

                     (c)  is not an interactive film;

the following table sets out the total amount of charge for both applications if they are made at the same time:

 

Table to work out total amount of charge for both applications

Item

If the film has a running time of ...

the charge is ...

1

0-15 minutes

$1,450

2

16-30 minutes

$1,540

3

31-60 minutes

$1,730

4

61-90 minutes

$1,950

5

91-120 minutes

$2,190

6

121-150 minutes

$2,410

7

151-200 minutes

$2,720

8

201-300 minutes

$3,290

9

more than 300 minutes

$4,070

             (2)  If, because of subsection 14(3) of the Classification Act, separate applications are made by the same applicant for classification of a film that:

                     (a)  is for public exhibition; and

                     (b)  is for sale or hire; and

                     (c)  is not an interactive film; and

                     (d)  is a revised version;

the following table sets out the total amount of charge for both applications if they are made at the same time:

 

Table to work total amount of charge for both applications

Item

If the film has a running time of ...

the charge is ...

1

0-15 minutes

$1,360

2

16-30 minutes

$1,430

3

31-60 minutes

$1,570

4

61-90 minutes

$1,760

5

91-120 minutes

$1,940

6

121-150 minutes

$2,090

7

151-200 minutes

$2,310

8

201-300 minutes

$2,750

9

more than 300 minutes

$3,220

             (3)  If, because of subsection 14(3) of the Classification Act, separate applications (other than applications covered by subclause (2)) are made by the same applicant for classification of a film that:

                     (a)  is for public exhibition; and

                     (b)  is for sale or hire; and

                     (c)  is not an interactive film; and

                     (d)  has had its title changed since it was last classified;

the total amount of charge for both applications is $1,360 if the applications are made at the same time.



 

Schedule 3 Charge for application for classification of a computer game

   

   

1   Computer game

                   The following table sets out the amount of charge for an application for classification of a computer game:

 

Table to work out amount of charge

Item

If the application is ...

the charge is ...

 

1

accompanied by an assessment of the game that complies with paragraph 17(3)(a) of the Classification Act

$570

 

2

not covered by item 1

$930

 



 

Schedule 4 Charge for application for various certificates

Part 1 Classification certificate or a notice

   

1   Classification certificate or a notice

                   The amount of charge for an application made under section 27 of the Classification Act for a copy of a classification certificate or notice is $80.



 

Part 2 Exemption certificate : advertising for unclassified films

   

2   Exemption certificate

                   The amount of charge for an application made under section 32 of the Classification Act for a certificate of exemption for an unclassified film for advertising purposes is $320.



 

Part 3 Evidentiary certificates

   

3   Evidentiary certificate

                   The following table sets out the amount of charge for an application made under section 87 of the Classification Act for a certificate about action taken, or not taken, under that Act:

 

Table to work out amount of charge

Item

If the certificate ...

the charge is ...

1

(a)  verifies the classification and title of a publication, film or computer game that has been previously classified; and

(b) is based on a title crosscheck with the records of the previous classification

$130

2

(a)  verifies the classification, title and version of a publication, film or computer game that has been previously classified; and

(b) is based on a title crosscheck with the records of the previous classification; and

(c)  is based on a confirmatory viewing of the publication, film or computer game by a member

$320

3

describes the grounds on which action has been taken under the Classification Act in relation to a publication, film or computer game

$180

4

(a)  verifies that no action has been taken under the Classification Act in relation to a publication, film or computer game; and

(b) is based on a title crosscheck with the records of previous classifications of publications, films or computer games

$130



 

Schedule 5 Charge for application for approval of an advertisement

   

   

1   Advertisement

                   The following table sets out the amount of charge for an application for approval of an advertisement that advertises a publication, film or computer game:

 

Table to work out amount of charge

Item

If the advertisement is ...

the charge is ...

 

1

a poster, a photograph or any other written or pictorial material

$110

 

2

an item of clothing

$110

 

3

a container or wrapping

$110

 

4

a recording from which sounds or images can be generated

$160

 



 

Schedule 6 Charge for application for review of a decision of the Board

Part 1 Decision to classify, refuse to classify or reclassify a publication, film or computer game

   

1   Publication or computer game

                   The following table sets out the amount of charge for an application for review of a decision of the Board to classify, refuse to classify or reclassify a publication or computer game:

 

Table to work out amount of charge

Item

If the decision was in relation to ...

the charge is ...

 

1

a book

$460

 

2

a calendar, a card, or packaging or wrapping enclosing an audio recording

$400

 

3

a magazine

$520

 

4

a publication not covered by item 1, 2 or 3

$510

 

5

a computer game

$1,830

 

2   Film

                   The following table sets out the amount of charge for an application for review of a decision of the Board to classify, refuse to classify or reclassify a film (other than an application covered by clause 3):

 

Table to work out amount of charge

Item

If the decision was in relation to ...

the charge is ...

 

1

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of 0-15 minutes

$3,040

 

2

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of 16-30 minutes

$3,220

 

3

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of 31-60 minutes

$3,570

 

4

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of 61-90 minutes

$3,990

 

5

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of 91-120 minutes

$4,430

 

6

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of 121-150 minutes

$4,870

 

7

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of 151-200 minutes

$5,450

 

8

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of 201-300 minutes

$6,550

 

9

a film for public exhibition that:

(a)  is not an interactive film; and

(b) has a running time of more than 300 minutes

$8,030

 

10

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of 0-15 minutes

$2,000

 

11

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of 16-30 minutes

$2,060

 

12

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of 31-60 minutes

$2,200

 

13

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of 61-90 minutes

$2,380

 

14

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of 91-120 minutes

$2,550

 

15

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of 121-150 minutes

$2,720

 

16

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of 151-200 minutes

$2,960

 

17

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of 201-300 minutes

$3,380

 

18

a film for sale or hire that:

(a)  is not an interactive film; and

(b) has a running time of more than 300 minutes

$3,960

 

19

an interactive film not demonstrated by the applicant before the Review Board

$5,860

 

20

an interactive film demonstrated by the applicant before the Review Board

$2,710

 

3   Applications made at the same time for review of decisions to classify, refuse to classify or reclassify a film

                   If separate applications are made at the same time and by the same applicant for review of decisions of the Board to classify, refuse to classify or reclassify a film that:

                     (a)  is for public exhibition; and

                     (b)  is for sale or hire; and

                     (c)  is not an interactive film;

the following table sets out the total amount of charge for both applications:

 

Table to work out total amount of charge for both applications

Item

If the film has a running time of ...

the charge is ...

1

0-15 minutes

$3,620

2

16-30 minutes

$3,870

3

31-60 minutes

$4,310

4

61-90 minutes

$4,870

5

91-120 minutes

$5,450

6

121-150 minutes

$6,020

7

151-200 minutes

$6,770

8

201-300 minutes

$8,220

9

more than 300 minutes

$10,160



 

Part 2 Decision to determine the consumer advice to apply to a film or computer game

   

4   Film

                   The following table sets out the amount of charge for an application for review of a decision of the Board to determine the consumer advice to apply to a film:

 

Table to work out amount of charge

Item

If the film has a running time of ...

the charge is ...

1

0-15 minutes

$3,040

2

16-30 minutes

$3,220

3

31-60 minutes

$3,570

4

61-90 minutes

$3,990

5

91-120 minutes

$4,430

6

121-150 minutes

$4,870

7

151-200 minutes

$5,450

8

201-300 minutes

$6,550

9

more than 300 minutes

$8,030

5   Computer game

                   The amount of charge for an application for review of a decision of the Board to determine the consumer advice to apply to a computer game is $1,830.



 

Part 3 Other decisions of the Board

   

6   Other decisions

                   The following table sets out the amount of charge for an application for review of a decision of the Board (other than a decision covered by Part 1 or 2):

 

Table to work out amount of charge

Item

If the decision was ...

the charge is ...

1

to approve or refuse to approve an advertisement for a publication, film or computer game (including a decision to reconsider the advertisement under section 39 of the Classification Act), or to impose conditions on such an approval

$330

2

to grant a certificate of exemption for a film for advertising purposes under section 32 of the Classification Act

$660

3

to decline to deal with, or to deal further with, an application under the Classification Act

$660

4

made under subsection 21A(1) of the Classification Act

$660