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Classification (Publications, Films and Computer Games) Amendment Bill (No.1) 2001
Schedule 2 Consequential amendments

   

Broadcasting Services Act 1992

1  Clause 1 of Schedule 2

Insert:

Classification Board means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995 .

2  Paragraph 7(1)(g) of Part 3 of Schedule 2

Repeal the paragraph, substitute:

                     (g)  the licensee will not broadcast a program that has been classified RC, X or NVE by the Classification Board;

3  Paragraph 9(1)(g) of Part 5 of Schedule 2

Repeal the paragraph, substitute:

                     (g)  the licensee will not broadcast a program that has been classified RC, X or NVE by the Classification Board;

4  Paragraph 10(1)(f) of Part 6 of Schedule 2

Repeal the paragraph, substitute:

                      (f)  the licensee will not broadcast a program that has been classified RC, X or NVE by the Classification Board;

5  Paragraph 10(1)(g) of Part 6 of Schedule 2

Omit “Office of Film and Literature Classification”, substitute “Classification Board”.

6  Paragraph 11(3)(a) of Part 7 of Schedule 2

Repeal the paragraph, substitute:

                     (a)  the licensee will not broadcast a program that has been classified RC, X or NVE by the Classification Board;

7  Subclause 11(4) of Part 7 of Schedule 2

Repeal the subclause, substitute:

             (4)  The provision by a person of a subscription television narrowcasting service under a class licence is also subject to the condition that the licensee will not broadcast a program that has been classified RC, X or NVE by the Classification Board.

8  Clause 2 of Schedule 5

Omit “or X” (wherever occurring), substitute “, X or NVE”.

9  Clause 6 of Schedule 5

Repeal the clause.

10  Paragraph 10(1)(a) of Schedule 5

Omit “or X”, substitute “, X or NVE”.

11  Subclause 10(2) of Schedule 5

Omit “or X”, substitute “, X or NVE”.

12  At the end of clause 16 of Schedule 5

Add:

             (2)  Without limiting paragraph (1)(e), if the classification referred to in that paragraph is a restricted classification, the following persons or bodies are taken to be persons aggrieved by the classification:

                     (a)  a person who has engaged in a series of activities relating to, or research into, the contentious aspects of the theme or subject matter of the Internet content concerned;

                     (b)  an organisation or association, whether incorporated or not, whose objects or purposes include, and whose activities relate to, the contentious aspects of that theme or subject matter.

             (3)  However, a person or body is not aggrieved by a restricted classification because of subclause (2) if the classification was made before:

                     (a)  the person engaged in a series of activities relating to, or research into, the contentious aspects of the theme or subject matter of the Internet content concerned; or

                     (b)  the organisation or association was formed, or its objects or purposes included and its activities related to, the contentious aspects of that theme or subject matter.

             (4)  In this clause:

restricted classification means:

                     (a)  for Internet content that does not consist of a computer game—the classification MA, R, NVE or RC; or

                     (b)  for Internet content that consists of a computer game—the classification MA (15+) or RC.

13  Subclause 21(2) of Schedule 5

After “22,”, insert “23A, 24,”.

14  Subclause 21(2) of Schedule 5

Omit “and 28”, substitute “, 28 and 44A, and Division 6 of Part 2,”.

15  Paragraph 30(2)(a) of Schedule 5

Omit “X”, substitute “NVE”.