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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendment 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).