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A Bill for an Act to amend the Classification (Publications, Films and Computer Games) Act 1995, and for related purposes
Administered by: Attorney-General's
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 13 Oct 2011
Introduced HR 12 Oct 2011
Table of contents.

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Classification (Publications, Films and Computer Games) Amendment (Online Games) Bill 2011

 

No.      , 2011

 

(Justice)

 

 

 

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

  

  


Contents

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

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendment of the Classification (Publications, Films and Computer Games) Act 1995                                                                                                                              3

 


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

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Classification (Publications, Films and Computer Games) Amendment (Online Games) Act 2011.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendment of the Classification (Publications, Films and Computer Games) Act 1995

  

1  Section 5

Insert:

computer game has the meaning given by section 5A.

2  Section 5

Insert:

exempt online game has the meaning given by section 5C.

3  Section 5

Insert:

mobile device means a device that is designed to run a mobile operating system.

4  Subsection 5B(2)

Repeal the subsection, substitute:

             (2)  A computer game is an exempt computer game if:

                     (a)  subject to subsection (3)—it forms part of, or is included in, computer software specified in the following table; or

                     (b)  it is an exempt online game (see section 5C).

Applications for classification of exempt computer games are not necessary but can be made.

 

Exempt computer games (other than exempt online games)

Item

Type

Description

1

Business

Software for use in the course of a business or trade

2

Accounting

Software for use in the keeping or verification of accounts

3

Professional

Software for use in the course of a profession

4

Scientific

Software for use pursuant to a branch of knowledge conducted on objective principles involving the systemised observation of, and experiment with, phenomena

5

Educational

Software whose main purpose is for training, instruction or reference, as a manual, a lesson, an encyclopaedia or a guide

 

5  Subsection 5B(3)

Omit “or computer game” (first occurring), substitute “, or a computer game referred to in paragraph (2)(a),”.

6  After section 5B

Insert:

5C  Exempt online game

             (1)  Subject to subsections (2), (3) and (5), a computer game is an exempt online game if:

                     (a)  the following subparagraphs are satisfied:

                              (i)  the computer game is only available by means of a content service (within the meaning of Schedule 7 to the Broadcasting Services Act 1992);

                             (ii)  the computer game can only be played on a mobile device onto which it has been installed; or

                     (b)  the following subparagraphs are satisfied:

                              (i)  the computer game is only available by means of a content service (within the meaning of Schedule 7 to the Broadcasting Services Act 1992);

                             (ii)  the computer game can only be played while the player is using an internet carriage service (within the meaning of Schedule 5 to the Broadcasting Services Act 1992).

             (2)  A computer game is not an exempt online game if it contains:

                     (a)  an advertisement that has been refused approval; or

                     (b)  an advertisement for a film, or for a computer game, that has been classified RC or that, if classified, would be likely to be classified RC; or

                     (c)  material that would be likely to cause the computer game to be classified RC.

             (3)  A computer game that is classified is not an exempt online game.

             (4)  Division 6 of Part 2 applies in relation to the following:

                     (a)  an application for a certificate under that Division that is based on a computer game being an exempt online game;

                     (b)  a certificate granted under that Division on the basis of a computer game being an exempt online game;

as if references in that Division to “M or a higher classification” were instead references to “RC”.

             (5)  A computer game is not an exempt online game at any time after the end of the period of 2 years starting on the commencement of this section. At the end of that period, any certificate granted under Division 6 of Part 2 on the basis of a computer game being an exempt online game ceases to be in force.

7  At the end of subsection 28A(1)

Add:

Note:          For how this Division applies in relation to exempt online games, see subsections 5C(4) and (5).