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Act No. 27 of 2007 as made
An Act to amend the Classification (Publications, Films and Computer Games) Act 1995, and for related purposes
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Originating Bill: Classification (Publications, Films and Computer Games) Amendment Bill 2006
Registered 21 Mar 2007
Date of Assent 15 Mar 2007
Table of contents.

 

 

 

 

 

 

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

 

No. 27, 2007

 

 

 

 

 

An Act to amend the Classification (Publications, Films and Computer Games) Act 1995, and for related purposes

  

  


Contents

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

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

3............ Schedule(s)......................................................................................... 5

Schedule 1—Integration amendments                                                                       6

Part 1—Amendments                                                                                                    6

Broadcasting Services Act 1992                                                                               6

Classification (Publications, Films and Computer Games) Act 1995               6

Freedom of Information Act 1982                                                                            7

Part 2—Application, transitional and saving provisions                              9

Schedule 2—Amendments relating to the administrative arrangements of the Classification Board and the Classification Review Board                                                                                 12

Part 1—Amendments                                                                                                  12

Classification (Publications, Films and Computer Games) Act 1995             12

Part 2—Application, transitional and saving provisions                            19

Schedule 3—Amendments to streamline the classification process       21

Part 1—Amendments                                                                                                  21

Classification (Publications, Films and Computer Games) Act 1995             21

Part 2—Application, transitional and saving provisions                            29

Schedule 4—Other amendments                                                                                 30

Part 1—Amendments commencing on Royal Assent                                 30

Classification (Publications, Films and Computer Games) Act 1995             30

Part 2—Amendments commencing on Proclamation                                 32

Classification (Publications, Films and Computer Games) Act 1995             32


 

 

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

No. 27, 2007

 

 

 

An Act to amend the Classification (Publications, Films and Computer Games) Act 1995, and for related purposes

[Assented to 15 March 2007]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Classification (Publications, Films and Computer Games) Amendment Act 2007.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 March 2007

2.  Schedule 1

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01781)

3.  Schedule 2, Part 1, item 1

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01781)

4.  Schedule 2, Part 1, item 2

The day on which this Act receives the Royal Assent.

15 March 2007

5.  Schedule 2, Part 1, items 3 to 7

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

items 3–6: 1 July 2007 (see F2007L01781)

item 7: 15 March 2008

6.  Schedule 2, Part 1, item 8

The day on which this Act receives the Royal Assent.

15 March 2007

7.  Schedule 2, Part 1, item 9

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 March 2008

8. Schedule 2, Part 1, items 10 to 12

At the same time as item 13 of Schedule 1 to this Act commences.

1 July 2007
(see F2007L01781)

9. Schedule 2, Part 1, item 13

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01781)

10. Schedule 2, Part 1, item 14

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 March 2008

11. Schedule 2, Part 1, item 15

At the same time as item 13 of Schedule 1 to this Act commences.

1 July 2007
(see F2007L01781)

12.  Schedule 2, Part 1, item 16

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 September 2007

13.  Schedule 2, Part 1, items 17 and 18

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 March 2008

14.  Schedule 2, Part 1, item 19

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2007

(see F2007L01781)

15.  Schedule 2, Part 1, items 20 to 26

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

items 20 and 26: 1 July 2007
(see F2007L01781)

items 21–25: 15 September 2007

16.  Schedule 2, Part 2

The day on which this Act receives the Royal Assent.

15 March 2007

17.  Schedule 3, Part 1, items 1 to 6

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 September 2007

18.  Schedule 3, Part 1, items 7 and 8

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 March 2008

19.  Schedule 3, Part 1, items 9 to 12

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 September 2007

20.  Schedule 3, Part 2

The day on which this Act receives the Royal Assent.

15 March 2007

21.  Schedule 4, Part 1

The day on which this Act receives the Royal Assent.

15 March 2007

22.  Schedule 4, Part 2

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 March 2008

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Integration amendments

Part 1Amendments

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 2Application, 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 2007 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 2007 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.


 

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

Part 1Amendments

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 2Application, 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.


 

Schedule 3Amendments to streamline the classification process

Part 1Amendments

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 2AAssessments of additional content

Subdivision AAdditional 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 BBarring 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 2Application, 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.


 

Schedule 4Other amendments

Part 1Amendments commencing on Royal Assent

Classification (Publications, Films and Computer Games) Act 1995

1  Subsection 14(3)

Repeal the subsection.

2  Application provision

The amendment made by item 1 of this Schedule applies to applications for classification made on or after the commencement of that item.

3  Paragraph 29(4)(b)

Omit “looks like, a child under 16”, substitute “appears to be, a child under 18”.

4  Application provision

The amendment made by item 3 of this Schedule applies to:

                     (a)  applications for approval of advertisements for publications, films and computer games; and

                     (b)  applications for review of decisions to approve or refuse to approve advertisements for publications, films or computer games;

that are made on or after the commencement of that item.

5  At the end of section 47

Add “or such higher number as is prescribed by the regulations”.

6  At the end of subparagraph 53(b)(i)

Add “or computer games”.

7  Paragraph 73(c)

Repeal the paragraph, substitute:

                     (c)  at least 3, but not more than 8 (or such higher number as is prescribed) other members.

8  Subsections 95(1) and (2)

Repeal the subsections.

9  Subsection 95(3)

Omit “(3)”.

Note:       The heading to section 95 is replaced by the heading “Service of member of former Board or former Review Board”.


 

Part 2Amendments commencing on Proclamation

Classification (Publications, Films and Computer Games) Act 1995

10  Section 5 (definition of determined markings)

Omit “by the Director”.

11  Subsection 8(1)

Omit “Director may, by notice in the Gazette”, substitute “Minister may, by legislative instrument”.

12  After subsection 8(1)

Insert:

          (1A)  The Minister must consult with participating Ministers before making a determination.

13  Transitional provision—determined markings

(1)       This item applies to a determination that was in force under section 8 of the Classification (Publications, Films and Computer Games) Act 1995 immediately before the commencement of item 12 of this Schedule.

(2)       The determination has effect, after the commencement of that item, as if it had been made under section 8 of the Classification (Publications, Films and Computer Games) Act 1995 as amended by this Schedule.

14  At the end of Division 1 of Part 2

Add:

8A  Notice about classifications

                   The Minister may, in writing, approve a form for a notice about classifications.

Note:          Provisions that require sellers and exhibitors of classified material to display a notice about classifications where the material is sold or exhibited can be found in complementary laws of the States and Territories.


 

 

[Minister’s second reading speech made in—

House of Representatives on 7 December 2006

Senate on 8 February 2007]

(195/06)