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Act No. 7 of 1995 as amended, taking into account amendments up to Act No. 127 of 2010
An Act relating to the classification of publications, films and computer games, and related matters
Administered by: Attorney-General's
Registered 06 Jan 2011
Start Date 25 Nov 2010
End Date 18 Apr 2011

Classification (Publications, Films and Computer Games) Act 1995

Act No. 7 of 1995 as amended

This compilation was prepared on 31 December 2010
taking into account amendments up to Act No.
 127 of 2010

[Note: Part 10 ceases to have effect on 18 August 2012, see section 115]

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Purpose............................................................................................... 1

4............ Powers and functions under State or Territory laws........................... 1

5............ Definitions.......................................................................................... 2

5A......... Meaning of computer game................................................................ 7

5B......... Exempt films and exempt computer games.......................................... 7

6............ Amendments of the Code.................................................................... 9

6A......... Application of the Criminal Code..................................................... 10

Part 2—Classification                                                                                                        11

Division 1—Preliminary                                                                                            11

7............ Types of classifications..................................................................... 11

8............ Markings for classifications.............................................................. 12

8A......... Notice about classifications............................................................... 12

Division 2—Classification of publications, films and computer games  13

9............ Classification in accordance with the Code....................................... 13

9A......... Refused Classification for publications, films or computer games that advocate terrorist acts  13

10.......... Classifications in writing etc............................................................. 14

11.......... Matters to be considered in classification.......................................... 14

12.......... Classification guidelines.................................................................... 14

13.......... Applications for classification of publications................................... 15

13A....... Conditions of certain classifications for publications........................ 16

14.......... Applications for classification of films.............................................. 16

14A....... Films consisting only of classified films........................................... 18

14B....... Applications for television series films............................................. 18

15.......... Discretion of Board........................................................................... 20

16.......... Board may decline to deal with application if more than one work involved            21

17.......... Applications for classification of computer games............................ 21

18.......... Considered form of publication, film or computer game to be final.. 23

19.......... Screening of films and demonstration of computer games before classification       23

20.......... Board to decide consumer advice for publications, films and computer games        24

21.......... Declassification of classified films or computer games that are modified 25

21A....... Revocation of classification of films or computer games that are found to contain contentious material  25

21AA.... Revocation of classification of films containing additional content... 26

21AB.... Revocation of classification of television series films....................... 26

22.......... Classification of publications, films or computer games containing advertisements 27

22A....... Applications for classification for enforcement purposes.................. 27

22B....... Classification of a publication, film or computer game that may be the same as or similar to a classified item         28

22C....... Validation of Board decisions etc. on applications by law enforcement agencies     29

Division 2A—Assessments of additional content                                         30

Subdivision A—Additional content assessors                                                    30

22D....... Additional content assessors............................................................. 30

22E........ Revocation of additional content assessor status............................... 30

22F........ Barring notice to additional content assessor..................................... 31

22G....... Review by AAT................................................................................ 31

Subdivision B—Barring notices to applicants                                                  32

22H....... Barring notice to applicant................................................................. 32

22J........ Review by AAT................................................................................ 32

Division 3—Submittable publications                                                                 33

23.......... Calling in submittable publications for classification......................... 33

Division 3A—Calling in films                                                                                 34

23A....... Calling in films for classification....................................................... 34

Division 4—Calling in computer games                                                            35

24.......... Calling in computer games for classification..................................... 35

Division 5—Notice of decisions                                                                             37

25.......... Classification certificates................................................................... 37

26.......... Notice of decisions............................................................................ 37

27.......... Applications for information............................................................. 38

28.......... When decisions take effect................................................................ 39

Division 6—Certificates for exempt films or computer games            40

28A....... Application for certificate.................................................................. 40

28B....... Granting certificates.......................................................................... 41

28C....... Revocation of certificate.................................................................... 41

Part 3—Advertising                                                                                                            42

Division 1—Approval of general advertisements                                        42

29.......... Approval of advertisements.............................................................. 42

30.......... Calling in advertisements.................................................................. 43

Division 2—Advertising of unclassified films and unclassified computer games              45

Subdivision A—Scheme relating to advertising                                               45

31.......... Scheme for advertising may be determined by legislative instrument 45

Subdivision B—Assessments of likely classifications of unclassified films and unclassified computer games     47

32.......... Person may apply for assessment of likely classification of unclassified film or unclassified computer game         47

33.......... Board may assess likely classification of film or computer game...... 47

34.......... Revocation of assessments................................................................ 48

35.......... Notice of decisions............................................................................ 49

Part 4—Reclassification                                                                                                   50

38.......... Limit on reclassification.................................................................... 50

39.......... Reclassification etc. after 2 years....................................................... 50

40.......... Notice of intention to reclassify etc................................................... 51

41.......... Consideration of submissions........................................................... 51

Part 5—Review of decisions                                                                                          52

42.......... The persons who may apply for review............................................ 52

42A....... Review Board may refuse to deal with certain applications............... 53

43.......... Applications for review..................................................................... 53

44.......... Dealing with applications.................................................................. 54

44A....... Obtaining copies for review.............................................................. 54

44B....... Validation of Review Board decisions etc. in relation to decisions on applications by law enforcement agencies    55

Part 6—The Classification Board                                                                              56

Division 1—Establishment of the Board                                                           56

45.......... Establishment of Classification Board............................................... 56

46.......... Constitution of Board........................................................................ 56

47.......... Maximum number of members......................................................... 56

48.......... Appointment of members.................................................................. 56

49.......... Full‑time and part‑time appointments................................................ 56

50.......... Temporary members......................................................................... 57

51.......... Terms and conditions of appointment............................................... 57

Division 2—Responsibilities and powers of the Director                        58

52.......... Responsibilities and powers of the Director...................................... 58

53.......... Powers of Director under State/Territory laws.................................. 58

Division 4—Procedure of the Board                                                                  59

56.......... Board to regulate its procedure.......................................................... 59

57.......... Decisions of the Board...................................................................... 59

58.......... Procedures that apply to meetings of the Board................................ 59

Division 5—Administrative provisions                                                              61

59.......... Delegations....................................................................................... 61

60.......... Remuneration and allowances........................................................... 61

61.......... Leave of absence............................................................................... 61

62.......... Outside employment......................................................................... 62

63.......... Resignation....................................................................................... 62

64.......... Disclosure of interests....................................................................... 62

65.......... Termination of appointment.............................................................. 62

66.......... Acting appointments......................................................................... 64

67.......... Annual report.................................................................................... 65

Part 7—The Review Board                                                                                            66

Division 1—Establishment of the Review Board                                         66

72.......... Establishment of Classification Review Board.................................. 66

73.......... Constitution of Review Board........................................................... 66

74.......... Appointment of members of the Review Board................................ 66

75.......... Members of the Review Board to be part‑time.................................. 66

76.......... Terms and conditions of appointment............................................... 66

Division 2—Responsibilities and powers of the Convenor                     68

77.......... Responsibilities and powers of the Convenor................................... 68

77A....... Powers of Convenor under State/Territory laws............................... 68

Division 3—Procedure of the Review Board                                                 69

78.......... Constitution of Review Board for the purpose of its functions......... 69

79.......... Decisions of the Review Board......................................................... 69

Division 4—Administrative provisions                                                              70

79A....... Delegations....................................................................................... 70

80.......... Remuneration and allowances........................................................... 70

81.......... Resignation....................................................................................... 70

82.......... Disclosure of interests....................................................................... 71

83.......... Termination of appointment.............................................................. 71

84.......... Acting appointments......................................................................... 73

85.......... Annual report.................................................................................... 73

Part 8—Miscellaneous                                                                                                       74

87.......... Evidentiary certificates...................................................................... 74

87A....... Board to make decisions within a specified time............................... 75

87B....... Review Board to make decisions within a specified time.................. 75

88.......... Additional functions of Board........................................................... 75

88A....... Staff assisting the Board and the Review Board............................... 75

89.......... Service of notices.............................................................................. 76

90.......... Payments to the States and Territories............................................... 76

91.......... Waiver of fees................................................................................... 76

91A....... Commonwealth not liable to pay a fee............................................... 78

91B....... Cancellation of exemptions from fees............................................... 79

91C....... Debts due to the Commonwealth...................................................... 79

92.......... Act not to apply to broadcasting services under Broadcasting Services Act             79

92A....... Proceedings arising out of administration of Board or Review Board 79

93.......... Regulations....................................................................................... 79

Part 9—Transitional provisions and repeals                                                       81

94.......... Definitions........................................................................................ 81

95.......... Service of member of former Board or former Review Board.......... 81

96.......... Decisions of former Board and former Review Board...................... 81

97.......... Pending applications......................................................................... 82

97A....... Reclassification................................................................................. 82

98.......... Repeals.............................................................................................. 82

Part 10—Material prohibited in prescribed areas                                           83

Division 1—Preliminary                                                                                            83

98A....... Main object of Part............................................................................ 83

99.......... Definitions........................................................................................ 83

100........ Concurrent operation of State and Territory laws.............................. 85

100A..... Declarations by Indigenous Affairs Minister.................................... 85

100B..... Reapplication of this Part.................................................................. 87

100C..... Delegation by Indigenous Affairs Minister....................................... 89

Division 2—Offences                                                                                                   90

101........ Possession or control of level 1 prohibited material in prescribed areas 90

102........ Possession or control of level 2 prohibited material in prescribed areas 90

103........ Supplying prohibited material in and to prescribed areas.................. 90

104........ Body corporate managers taken to have committed offences............ 92

105........ Division does not apply to postal services........................................ 92

Division 3—Seizure and forfeiture of prohibited material                     93

106........ Seizure of prohibited material............................................................ 93

107........ Seizure notices.................................................................................. 93

108........ Return of seized material—on request............................................... 94

109........ Return of seized material—application to magistrate......................... 94

110........ Seized material forfeited to the Commonwealth................................ 94

111........ Relationship of Division to other laws.............................................. 95

Division 4—Miscellaneous                                                                                       96

112........ Evidence............................................................................................ 96

113........ Compensation for acquisition of property......................................... 96

114........ Minister may repeal provisions of this Part....................................... 96

115........ Sunset provision [see Note 1]........................................................... 97

Notes                                                                                                                                             99


An Act relating to the classification of publications, films and computer games, and related matters

Part 1Preliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Classification (Publications, Films and Computer Games) Act 1995.

2  Commencement [see Note 1]

             (1)  Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

             (2)  Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.

             (3)  If the provisions referred to in subsection (2) do not commence under that subsection 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.

3  Purpose

                   The purpose of this Act is to provide for the classification of publications, films and computer games for the Australian Capital Territory. This Act is intended to form part of a Commonwealth/State/Territory scheme for the classification of publications, films and computer games and for the enforcement of those classifications.

Note:          Provisions dealing with the consequences of not having material classified and the enforcement of classification decisions are to be found in complementary laws of the States and Territories.

4  Powers and functions under State or Territory laws

                   The Board, the Review Board, the Director and the Convenor may exercise powers and perform functions relating to the classification of publications, films and computer games that are conferred on them under an arrangement between the Commonwealth and a State or the Commonwealth and the Northern Territory.

5  Definitions

                   In this Act, unless the contrary intention appears:

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.

additional content assessor means a person who is authorised by the Director under section 22D.

add‑on means a computer program, data associated with a computer program or a computer program and any associated data referred to in subsection 5A(2).

advertisement for a publication, a film or a computer game means any form of advertising for the publication, film or game, and includes:

                     (a)  advertising, whether visual or audible, whether in the form of written or spoken words or other sounds and whether in a book, paper, magazine, poster, photograph, sketch, program, film or slide or in any other form; and

                     (b)  advertising on a container or wrapping enclosing the publication, film or game; and

                     (c)  advertising on the internet;

but does not include:

                     (d)  advertising for an exempt film or exempt computer game; or

                     (e)  advertising, in an imported publication, for a publication, film or computer game that has not been published in Australia; or

                      (f)  advertising, in an imported film or computer game that is in a form that cannot be modified, for a film or computer game that has not been published in Australia (the advertised film or game), whether or not the advertised film or game is later published in Australia; or

                     (g)  advertising by means of a product:

                              (i)  that refers to or is derived from the publication, film or computer game; and

                             (ii)  that is primarily intended to be sold or distributed to the general public or to a section of the general public; and

                            (iii)  that a reasonable person would not consider to be a primary source of classification information for consumers about the publication, film or computer game.

adult means a person who is 18 or older.

authorised television series assessor means a person authorised in accordance with the scheme determined under section 14B to prepare assessments of television series films.

Board means the Classification Board.

business day means a day other than a Saturday, Sunday or public holiday.

classifiable elements has the same meaning as in the Guidelines determined under subsection 12(1) and as in force from time to time.

classification certificate means a certificate issued under section 25.

classified means classified under this Act.

Code means the National Classification Code, set out in the Schedule to this Act as originally enacted, as amended in accordance with section 6.

computer generated image means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, liquid crystal display or similar medium from electronically recorded data.

contentious material, in relation to a film or computer game, means material that would be likely to cause it to be classified:

                     (a)  for a film—M or a higher classification; or

                     (b)  for a computer game—M or a higher classification.

Convenor means the Convenor of the Review Board.

decision means a decision of the Board:

                     (a)  to classify or refuse to classify a publication, film or computer game (including a decision of the Board under section 39 or 97A); or

                     (b)  to determine the consumer advice to apply to a publication, film or computer game; or

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

                     (d)  to assess or refuse to assess the likely classification of an unclassified film or an unclassified computer game; or

                   (da)  to revoke an assessment of the likely classification of an unclassified film or an unclassified computer game; or

                     (e)  to decline to deal with or to deal further with an application under this Act; or

                      (f)  to make or refuse to make a declaration under subsection 13(3); or

                     (g)  to revoke such a declaration; or

                     (h)  to impose a condition under section 13A; or

                      (i)  to revoke the classification of a film or computer game under section 21A; or

                    (ia)  to revoke the classification of a film under section 21AA; or

                      (j)  to revoke the classification of, or consumer advice for, a publication, film or computer game under section 22B; or

                     (k)  to grant or refuse to grant a certificate under Division 6 of Part 2; or

                      (l)  to revoke such a certificate.

demonstrate includes exhibit, display, screen, play or make available for playing.

Deputy Director means the Deputy Director of the Board.

determined markings means markings determined under section 8.

Director means the Director of the Board.

enforcement application means an application that is made:

                     (a)  by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory; and

                     (b)  for the purpose of investigating or prosecuting an offence against a law of the Commonwealth, a State or a Territory.

exempt computer game has the meaning given by section 5B, and includes a game for which a certificate is in force under Division 6 of Part 2.

exempt film has the meaning given by section 5B, and includes a film for which a certificate is in force under Division 6 of Part 2.

film includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced (together with its sound track), but does not include:

                     (a)  a computer game; or

                     (b)  an advertisement for a publication, a film or a computer game.

interactive film means a film to which subsection 14(4) applies.

interactive game means a game in which the way the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player.

member means a member of the Board, and includes a temporary member.

minor means a person under 18.

participating Minister means a Minister of a State or Territory who is responsible for censorship matters where the State or Territory is a participant in the scheme referred to in section 3, but does not include such a Minister in relation to action to be taken under a provision of this Act if:

                     (a)  the action relates to publications, films or computer games; and

                     (b)  the State or Territory does not participate in the scheme in relation to publications, films or computer games, as the case may be.

publication means any written or pictorial matter, but does not include:

                     (a)  a film; or

                     (b)  a computer game; or

                     (c)  an advertisement for a publication, a film or a computer game.

publish includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate.

Review Board means the Classification Review Board.

submittable publication means an unclassified publication that, having regard to section 9A or to the Code and the classification guidelines to the extent that they relate to publications, contains depictions or descriptions that:

                     (a)  are likely to cause the publication to be classified RC; or

                     (b)  are likely to cause offence to a reasonable adult to the extent that the publication should not be sold or displayed as an unrestricted publication; or

                     (c)  are unsuitable for a minor to see or read.

television series film means a film that comprises:

                     (a)  one or more episodes of a television series; or

                     (b)  one or more episodes of a television series and series‑related material if that material does not appear to be self‑contained and produced for viewing as a discrete entity.

temporary member means a person appointed under section 50.

work means:

                     (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

                     (b)  a computer game that is produced for playing as a discrete entity;

but does not include an advertisement.

5A  Meaning of computer game

             (1)  A computer game is a computer program and any associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game.

             (2)  A computer program, data associated with a computer program or a computer program and any associated data that:

                     (a)  is capable of generating new elements or additional levels into a game (the original game) that is a computer game under subsection (1); and

                     (b)  is contained in a device separate from that containing the original game;

is also a computer game.

             (3)  However, a computer game does not include an advertisement for a publication, film or computer game.

5B  Exempt films and exempt computer games

             (1)  Subject to subsection (3), a film specified in this table is an exempt film. Applications for classification of exempt films are not necessary.

 

Exempt films

Item

Type

Description

1

Business

A film of a promotional, technical or similar nature for use in the course of a business or trade

2

Accounting

A film for use in the keeping or verification of accounts

3

Professional

A film of a promotional, technical or similar nature for use in the course of a profession

4

Scientific

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

5

Educational

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

6

Current affairs

A film wholly comprising news reports or information about, or analysis of, current issues or events of public interest or importance

7

Hobbyist

A film wholly comprising a documentary record of a hobby or activity

8

Sporting

A film wholly comprising a documentary record of a sporting event

9

Family

A film wholly comprising a documentary record of a family event or activity

10

Live performance

A film wholly comprising a documentary record of a live artistic performance or that is used within such a performance

11

Musical presentation

A film wholly comprising a musical presentation

12

Religious

A film wholly comprising a documentary record of a religious event or activity

13

Community or cultural

A film wholly comprising a documentary record of a community or cultural activity or event

             (2)  Subject to subsection (3), a computer game is an exempt computer game if it forms part of or is included in computer software specified in this table. Applications for classification of exempt computer games are not necessary.

 

Exempt computer 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

Exceptions

             (3)  However, a film or computer game is not an exempt film or an exempt computer game if it contains:

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

                     (b)  an advertisement for an unclassified film or an unclassified computer game:

                              (i)  that has been assessed in accordance with section 31 or under section 33 as being likely to be classified M or a higher classification; or

                             (ii)  the likely classification of which has not been assessed in accordance with section 31 or under section 33; or

                     (c)  an advertisement for a film, or for a computer game, that has been classified M or a higher classification; or

                     (d)  material that would be likely to cause the film or computer game to be classified M or a higher classification.

6  Amendments of the Code

             (1)  The Code may be amended from time to time in accordance with this section.

             (2)  If the Minister and each participating Minister agree to an amendment of the Code, the Code is taken to be amended accordingly.

             (3)  If the Code is amended, the Minister must cause a copy of the amended Code to be published in the Gazette.

6A  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.


 

Part 2Classification

Division 1Preliminary

7  Types of classifications

             (1)  The following are the different types of classifications for publications in ascending order:

Unrestricted

Category 1 restricted

Category 2 restricted

RC Refused Classification.

             (2)  The following are the different types of classifications for films in ascending order:

G General

PG Parental Guidance

M Mature

MA 15+ Mature Accompanied

R 18+ Restricted

X 18+ Restricted

RC Refused Classification.

             (3)  The following are the different types of classifications for computer games in ascending order:

G General

PG Parental Guidance

M Mature

MA 15+ Mature Accompanied

RC Refused Classification.

             (4)  In subsections (1) to (3), text that is not in bold is included by way of explanation and does not form part of the classification.

8  Markings for classifications

             (1)  The Minister may, by legislative instrument, determine:

                     (a)  markings for each type of classification giving information about the classification; and

                     (b)  the manner in which the markings are to be displayed.

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

             (2)  A determination may specify additional material for markings for an add‑on.

             (3)  A determination may specify additional material for markings for a publication that has been classified subject to a condition under section 13A.

             (4)  A determination may specify:

                     (a)  markings for a film or computer game for which a certificate is in force under Division 6 of Part 2; and

                     (b)  the manner in which the markings are to be displayed.

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.


 

Division 2Classification of publications, films and computer games

9  Classification in accordance with the Code

                   Subject to section 9A, publications, films and computer games are to be classified in accordance with the Code and the classification guidelines.

9A  Refused Classification for publications, films or computer games that advocate terrorist acts

             (1)  A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.

             (2)  Subject to subsection (3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if:

                     (a)  it directly or indirectly counsels or urges the doing of a terrorist act; or

                     (b)  it directly or indirectly provides instruction on the doing of a terrorist act; or

                     (c)  it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.

             (3)  A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.

             (4)  In this section:

terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).

Note:          The definition of terrorist act in that section covers actions or threats of actions.

10  Classifications in writing etc.

             (1)  Classifications of publications, films and computer games are to be made by the Board in writing on application.

             (2)  Subsection (1) does not require an application for a reclassification of a publication, film or computer game under section 39 or a reclassification of a publication or film under section 97A.

11  Matters to be considered in classification

                   The matters to be taken into account in making a decision on the classification of a publication, a film or a computer game include:

                     (a)  the standards of morality, decency and propriety generally accepted by reasonable adults; and

                     (b)  the literary, artistic or educational merit (if any) of the publication, film or computer game; and

                     (c)  the general character of the publication, film or computer game, including whether it is of a medical, legal or scientific character; and

                     (d)  the persons or class of persons to or amongst whom it is published or is intended or likely to be published.

12  Classification guidelines

             (1)  The Minister may, with the agreement of each participating Minister, determine guidelines to assist the Board in applying the criteria in the Code.

             (2)  The Minister must cause a copy of the guidelines to be published in the Gazette.

             (3)  If the Minister and each participating Minister agree to an amendment of the guidelines, the guidelines are taken to be amended accordingly.

             (4)  If the guidelines are amended, the Minister must cause a copy of the amended guidelines to be published in the Gazette.

13  Applications for classification of publications

             (1)  An application for classification of a publication (other than an enforcement application—see section 22A) must be:

                     (a)  in writing; and

                     (b)  made in a form approved by the Director in writing; and

                     (c)  signed by or on behalf of the applicant; and

                     (d)  accompanied by:

                              (i)  the prescribed fee for that category of publication; and

                             (ii)  a copy of the publication.

Note:          For an applicant that is the Commonwealth, or a Commonwealth authority or agency: see section 91A.

             (2)  If an application is made for classification of a publication that is an issue of a periodical (the original issue), the applicant may request that the classification granted for the original issue apply also to all or some future issues.

             (3)  The Board may, if the applicant pays the prescribed fee (if any), declare that the classification granted for the original issue applies also to:

                     (a)  all future issues; or

                     (b)  a specified number of future issues; or

                     (c)  all future issues published within a specified period.

             (4)  In deciding whether to make a declaration under subsection (3), the Board must have regard to written principles determined by the Director and agreed to by the Minister. The Minister may only agree to the principles if the Minister has consulted the participating Ministers about them.

             (5)  If the Board makes a declaration under subsection (3) for some or all future issues of a publication and the Board is of the opinion that an issue of the publication covered by the declaration:

                     (a)  contains material that, if the issue were being classified separately, would cause it to be classified with a higher classification than the original issue; or

                     (b)  contains an advertisement that has been refused approval;

the Board must revoke the declaration so far as it affects that issue and any future issues. The Board must also revoke approval of any approved advertisement for those issues of the publication.

13A  Conditions of certain classifications for publications

             (1)  The Board may, if it classifies a publication Unrestricted, impose a condition that it not be sold, displayed for sale or delivered unless it is contained in a sealed package.

             (2)  The Board may, if it classifies a publication Category 1 restricted, impose a condition that it not be sold, displayed for sale or delivered unless it is contained in a sealed package made of plain, opaque material.

14  Applications for classification of films

General rules

             (1)  An application for classification of a film (other than an enforcement application—see section 22A) must be:

                     (a)  in writing; and

                     (b)  made in a form approved by the Director in writing; and

                     (c)  signed by or on behalf of the applicant; and

                     (d)  accompanied by:

                            (ia)  a copy of the film; and

                              (i)  the prescribed fee for that category of film; and

                             (ii)  an adequate written synopsis of the film in English that includes a statement or summary of any incidents, or of the plot, depicted or intended to be depicted by the film.

Note:          For an applicant that is the Commonwealth, or a Commonwealth authority or agency: see section 91A.

             (2)  An application for classification of a film may be accompanied by a copy of any advertisement that is proposed to be used to advertise the film.

Additional rule for films comprising computer generated images

             (4)  If:

                     (a)  an application is made for classification of a film (other than an enforcement application—see section 22A) that comprises a recording from which a computer generated image can be produced; and

                     (b)  the recording enables a person using it to choose from 2 or more visual images the image that will be viewed;

the application must include particulars of any contentious material in the film and of the means by which access to that material may be gained.

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.

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.

14B  Applications for television series films

             (1)  If:

                     (a)  an application is made for classification of a film; and

                     (b)  the film is a television series film; and

                     (c)  at least one of the episodes of the television series film has, before the making of the application, been broadcast in Australia on a national broadcasting service, a commercial broadcasting service, a subscription broadcasting service or a community broadcasting service; and

                     (d)  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;

the applicant may also submit with the application an assessment of the television series film prepared in accordance with subsection (2).

             (2)  An assessment of a kind referred to in subsection (1) must:

                     (a)  satisfy the requirements specified in the scheme determined by the Minister under subsection (3); and

                     (b)  be prepared by an authorised television series assessor; and

                     (c)  be signed by, or on behalf of, the applicant.

             (3)  The Minister may, by legislative instrument, determine a scheme relating to the assessment of television series films.

             (4)  A scheme under subsection (3) may do the following:

                     (a)  specify the requirements for the assessments of television series films;

                     (b)  specify the basis on which assessments of television series films are to be made;

                     (c)  specify the requirements for the authorisation of persons as authorised television series assessors under the scheme and for continued authorisation (including the circumstances in which such authorisation may be revoked or suspended);

                     (d)  provide for a notice system that empowers the Director to give a notice (a barring notice) to a particular person in specified circumstances (including circumstances that relate to whether the Director is satisfied as to a matter or matters);

                     (e)  specify the effect of a barring notice, which may include but is not limited to the following:

                              (i)  providing that a person in respect of whom a barring notice is in force may not be authorised to make assessments of television series films;

                             (ii)  providing that a person in respect of whom a barring notice is in force may not submit an application for classification under subsection (1);

                      (f)  provide for review by the Administrative Appeals Tribunal of decisions under the scheme;

                     (g)  confer functions and powers on the Board or the Director in relation to and for the purposes of the scheme;

                     (h)  provide for administrative matters, such as the making of applications and the giving of notices;

                      (i)  specify circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate for the purposes of section 21AB (without limiting those circumstances).

             (5)  The Minister must consult with participating Ministers before determining a scheme under subsection (3).

             (6)  In this section:

commercial broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

community broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

national broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

subscription broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

15  Discretion of Board

             (1)  If:

                     (a)  an application is made for the classification as a film of a recording that contains a computer generated image; and

                     (b)  the Board is of the opinion that the recording is more appropriately dealt with as a computer game having regard to:

                              (i)  the definition of computer game in section 5A; and

                             (ii)  the degree of interactivity involved; and

                            (iii)  the nature of the visual images produced;

the Board must decline to deal with the application.

          (1A)  If:

                     (a)  an application is made for the classification of material as a computer game; and

                     (b)  the Board is of the opinion that the material is more appropriately dealt with as a film having regard to:

                              (i)  the definition of film in section 5; and

                             (ii)  whether, or the extent to which, the material is or involves an interactive game;

the Board must decline to deal with the application.

             (2)  If the Board declines to deal with the application under this section, the Director must, within 14 days after the decision is made:

                     (a)  notify the applicant in writing of the decision and of the reasons for the decision; and

                     (b)  if the application is not an enforcement application—invite the applicant to provide the additional material that is necessary for an application for classification of a computer game or of a film, as the case requires.

             (3)  If the application is not an enforcement application, the Board must deal with the application as an application for classification of a computer game or of a film, as the case requires, after receiving the additional material and fee required.

Note:          For an applicant that is the Commonwealth, or a Commonwealth authority or agency: see section 91A.

             (4)  If the application is an enforcement application, the Board must deal with the application as an application for classification of a computer game or of a film, as the case requires, after receiving the applicant’s request that the Board do so. The applicant must pay any additional fee on or after making the request.

Note:          For an applicant that is the Commonwealth, or a Commonwealth authority or agency: see section 91A.

16  Board may decline to deal with application if more than one work involved

             (1)  If:

                     (a)  an application is made for classification of a film or computer game; and

                     (b)  the film or game is contained on more than one device and each device contains a separate work;

the Board may decline to deal with the application.

             (2)  If the Board declines to deal with the application under this section, the Director must, within 14 days after the decision is made:

                     (a)  notify the applicant in writing of the decision and of the reasons for the decision; and

                     (b)  invite the applicant to submit an application for classification of each work as a separate film or computer game.

17  Applications for classification of computer games

             (1)  An application for classification of a computer game (other than an enforcement application—see section 22A) must be:

                     (a)  in writing; and

                     (b)  made in a form approved by the Director in writing; and

                     (c)  signed by or on behalf of the applicant; and

                    (ca)  accompanied by a copy of the game unless the game is an amusement or circuit board game that, in the opinion of the Board, is physically impracticable to submit to the Board’s premises for classification; and

                   (cb)  if the application is for classification of a computer game that is an add‑on—accompanied by a copy of the computer game into which the add‑on is capable of generating new elements or additional levels; and

                     (d)  accompanied by the prescribed fee for that category of game; and

                     (e)  accompanied by a document setting out:

                              (i)  the title of the game; and

                             (ii)  the year of production; and

                            (iii)  the name of the publisher; and

                            (iv)  the country of origin; and

                             (v)  a description of game play.

Note:          For an applicant that is the Commonwealth, or a Commonwealth authority or agency: see section 91A.

             (2)  If any part of a computer game is likely to be regarded as containing contentious material, the application must also be accompanied by:

                     (a)  particulars of that material and of the means by which access to it may be gained; or

                     (b)  a separate recording of that material.

          (2A)  If the application is for a computer game that is an add‑on, the Board must classify the add‑on with the computer game into which the add‑on is capable of generating new elements or additional levels.

             (3)  If the applicant is of the opinion that the game would, if classified, be classified G, PG or M, the applicant may also submit with the application:

                     (a)  an assessment of the computer game, signed by or on behalf of the applicant and prepared by a person authorised by the Director for the purpose, including:

                              (i)  a recommended classification of the game; and

                             (ii)  consumer advice appropriate to the game; and

                     (b)  a copy of any advertisement that is proposed to be used to advertise the game.

             (4)  If the Director or the Board disagrees with the recommended classification, 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.

             (5)  The Director may authorise a person for the purpose of subsection (3) only if the person has completed training approved by the Director in the making of assessments.

18  Considered form of publication, film or computer game to be final

             (1)  The Board must assume, in classifying a publication, film or computer game, that the publication, film or game will be published only in the form in which it is considered for classification.

19  Screening of films and demonstration of computer games before classification

             (1)  The Board may decline to deal with an application for classification of a film or a computer game, or decline to deal further with the application, unless:

                     (a)  the applicant:

                              (i)  provides a copy of the film or game for screening or demonstration before the Board; or

                             (ii)  for an amusement or circuit board game referred to in paragraph 17(1)(ca) or subsection 22A(3)—allows the Board access to the game; and

                     (b)  in the opinion of the Board, the copy of the film or game provided is complete and is adequate to allow a proper consideration of the application.

          (1A)  The Board may decline to deal with an application for classification of an interactive film, or decline to deal further with the application, unless the applicant demonstrates the film before the Board.

             (2)  The Board may decline to deal with an application for classification of a computer game, or decline to deal further with the application, unless the applicant demonstrates the computer game before the Board.

             (3)  The Director must notify the applicant in writing of a decision under subsection (1), (1A) or (2).

             (4)  The applicant and not more than 4 representatives of the applicant, and any other persons approved by the Director, are entitled to be present at a screening or demonstration.

             (5)  A screening or demonstration must take place at a reasonable time and place specified by the Director.

             (6)  The Director may keep the copy of the film or game or, if the Director and the applicant agree, another copy of the film or game, for as long as the Director requires.

             (7)  Neither the Commonwealth nor a member is liable for any damage caused to a copy of a film or a computer game as a result of a screening or a demonstration.

20  Board to decide consumer advice for publications, films and computer games

             (1)  If the Board:

                     (a)  classifies a film PG, M, MA 15+, R 18+ or X 18+; or

                     (b)  classifies a computer game PG, M or MA 15+;

it must determine consumer advice giving information about the content of the film or game.

             (2)  If the Board:

                     (a)  classifies a publication Unrestricted; or

                     (b)  classifies a film or computer game G;

it may determine consumer advice giving information about the content of the publication, film or game.

21  Declassification of classified films or computer games that are modified

             (1)  Subject to subsection (2), if a classified film or a classified computer game is modified, it becomes unclassified when the modification is made.

             (2)  Subsection (1) does not apply to a modification that consists of:

                     (a)  including or removing an advertisement, other than an advertisement to which section 22 applies; or

                     (b)  for an imported film or computer game that was in a form that cannot be modified and has subsequently been converted to a form that can be modified—removing, from the film or game, material that was advertising referred to in paragraph (f) of the definition of advertisement in section 5; 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).

21A  Revocation of classification of films or computer games that are found to contain contentious material

                   If the Board is of the opinion that:

                     (a)  a classified interactive film or a classified computer game contains contentious material (whether activated through use of a code or otherwise) that was not brought to the Board’s attention in accordance with subsection 14(4) or 17(2) before the classification was made; and

                     (b)  if the Board had been aware of the material before the classification was made, it would have given the film or game a different classification;

the Board must revoke the classification, and must also revoke approval of any approved advertisement for the film or game.

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).

21AB  Revocation of classification of television series films

                   The Board must revoke the classification of a film that has been classified taking into account an assessment prepared by an authorised television series assessor under section 14B if the Board is satisfied that:

                     (a)  the assessment was misleading, incorrect or grossly inadequate; and

                     (b)  if the Board had been aware of the respects in which the assessment was misleading, incorrect or grossly inadequate before the classification was made, it would have given the film a different classification.

Note:          The Minister’s determination under section 14B may prescribe circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate.

22  Classification of publications, films or computer games containing advertisements

          (1A)  A publication must not be classified if it contains an advertisement that has been refused approval.

             (1)  An unclassified film (the first film) or unclassified computer game (the first game) must not be classified if it contains an advertisement:

                     (a)  for a film or computer game with a higher classification than the classification the first film or first game would be given if it did not contain the advertisement; or

                     (b)  for an unclassified film or unclassified computer game:

                              (i)  that has been assessed in accordance with section 31 or under section 33 as being likely to have a higher classification than the classification the first film or first game would be given if it did not contain the advertisement; or

                             (ii)  the likely classification of which has not been assessed in accordance with section 31 or under section 33; or

                     (c)  that has been refused approval.

             (2)  Subsection (1A) or (1) does not prevent a publication, film or computer game from being classified if the application for the classification was an enforcement application.

22A  Applications for classification for enforcement purposes

             (1)  An application for classification of a publication, film or computer game that is an enforcement application must be:

                     (a)  in writing; and

                     (b)  made in a form approved by the Director in writing; and

                     (c)  signed by or on behalf of the applicant; and

                     (d)  accompanied by a copy of the publication, film or computer game.

             (2)  The applicant must pay the prescribed fee for the application. However, the fee need not accompany the application.

Note:          For an applicant that is the Commonwealth or a Commonwealth authority: see section 91A.

             (3)  An enforcement application for classification of a computer game does not have to be accompanied by a copy of the game if the game is an amusement or circuit board game that, in the opinion of the Board, is physically impracticable to submit to the Board’s premises for classification.

22B  Classification of a publication, film or computer game that may be the same as or similar to a classified item

             (1)  The Board may proceed to classify a publication, film or computer game (the new item) if:

                     (a)  an application is made for its classification; and

                     (b)  the Board is of the opinion that the new item may be the same as or similar to another publication, film or game that has already been classified (the classified item); and

                     (c)  the Board does not have a copy of the classified item and a copy is not available to it; and

                     (d)  the Board is not able to ascertain from its records whether the items are identical.

             (2)  A classification by the Board of the new item is valid even though the Board may discover, after the classification of the new item, that it is the same as the classified item.

             (3)  If:

                     (a)  the Board obtains a copy of the classified item; and

                     (b)  the Board decides that it is the same as the new item but:

                              (i)  the classifications for the classified item and the new item are different; or

                             (ii)  the consumer advice for the classified item and the new item are different;

the Board must revoke the classification or consumer advice for the classified item.

22C  Validation of Board decisions etc. on applications by law enforcement agencies

             (1)  A decision (the original decision) made by the Board (whether before or after the commencement of this section) on an application:

                     (a)  made by or on behalf of a law enforcement agency of the Commonwealth, a State or a Territory; and

                     (b)  that did not satisfy the requirements of this Act for the making of the application;

is as valid, and is taken always to have been as valid, as it would have been if the application had satisfied those requirements.

             (2)  Any later decision made, or any later action taken by, the Board, the Review Board, the Director or the Convenor under this Act (whether before or after the commencement of this section) on the basis of the original decision is as valid, and is taken always to have been as valid, as it would have been if the original decision had been made on an application that satisfied the requirements of this Act for the making of the application.


 

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).


 

Division 3Submittable publications

23  Calling in submittable publications for classification

             (1)  If:

                     (a)  the Director has reasonable grounds to believe that a publication is a submittable publication; and

                     (b)  the publication is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe that it will be published in the Australian Capital Territory;

the Director may, by notice in writing given to the publisher of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the Board.

             (2)  The Director must cause notice of a decision under subsection (1) to be published in the Gazette.

             (3)  A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  20 penalty units.

             (4)  An offence against subsection (3) is a strict liability offence.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (5)  It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that he or she did not intend to:

                     (a)  publish the publication in the Australian Capital Territory; or

                     (b)  cause, authorise, permit or licence the publication to be published in the Australian Capital Territory.


 

Division 3ACalling in films

23A  Calling in films for classification

             (1)  If:

                     (a)  the Director has reasonable grounds to believe that an unclassified film is not an exempt film; and

                     (b)  the film is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe that it will be published in the Australian Capital Territory;

the Director may, by notice in writing given to the publisher of the film, require the publisher to submit an application for classification of the film.

             (2)  The Director must cause notice of a decision under subsection (1) to be published in the Gazette.

             (3)  A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  20 penalty units.

             (4)  An offence against subsection (3) is a strict liability offence.

             (5)  It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that he or she did not intend to:

                     (a)  publish the film in the Australian Capital Territory; or

                     (b)  cause, authorise, permit or licence the film to be published in the Australian Capital Territory.


 

Division 4Calling in computer games

24  Calling in computer games for classification

             (1)  If:

                     (a)  the Director has reasonable grounds to believe that a computer game is likely to contain contentious material; and

                     (b)  the computer game is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe that it will be published in the Australian Capital Territory;

the Director may, by notice in writing given to the publisher of the game, require the publisher to submit an application for classification of the game.

          (1A)  If:

                     (a)  the Director has reasonable grounds to believe that an unclassified computer game is not an exempt computer game; and

                     (b)  the game is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe that it will be published in the Australian Capital Territory;

the Director may, by notice in writing given to the publisher of the game, require the publisher to submit an application for classification of the game.

             (2)  The Director must cause notice of a decision under subsection (1) or (1A) to be published in the Gazette.

             (3)  A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty: 20 penalty units.

             (4)  An offence against subsection (3) is a strict liability offence.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (5)  It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that he or she did not intend to:

                     (a)  publish the computer game in the Australian Capital Territory; or

                     (b)  cause, authorise, permit or licence the computer game to be published in the Australian Capital Territory.


 

Division 5Notice of decisions

25  Classification certificates

             (1)  The Director must issue a classification certificate for each publication, film and computer game that is classified by the Board.

          (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).

             (2)  A classification certificate must include:

                     (a)  the determined markings for the classification given to the publication, film or computer game; and

                     (b)  for a film or computer game—any consumer advice for the film or game; and

                     (c)  the applicant’s obligations about the display of the determined markings and consumer advice.

26  Notice of decisions

Notice of decisions by the Board

             (1)  The Director must give written notice of a decision of the Board to the applicant.

             (2)  If there was no applicant, or the applicant is not the person on whose application an earlier decision was made, the Director must give the notice to the persons who, in his or her opinion, have an interest in the matter, whether as a publisher of the publication, film or computer game or otherwise.

Notice of decisions by the Review Board

             (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.

Time for giving notice

             (4)  The notice must be given as soon as practicable, but not later than 30 days after the decision.

Certificate as notice of decision

             (5)  A copy of the classification certificate is enough notice of the decision.

27  Applications for information

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).

             (2)  If the application is not an enforcement application, the Director 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.

             (3)  If the application is an enforcement application, the Director 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.

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.

28  When decisions take effect

                   A decision takes effect on the day on which notice of the decision is given under section 26.


 

Division 6Certificates for exempt films or computer games

28A  Application for certificate

             (1)  A person may apply in writing to the Board for a certificate that:

                     (a)  an unclassified film is an exempt film; or

                     (b)  an unclassified computer game is an exempt computer game.

             (2)  An application must be:

                     (a)  made in a form approved by the Director in writing; and

                     (b)  signed by or on behalf of the applicant; and

                     (c)  accompanied by:

                              (i)  the prescribed fee for the relevant category of film or computer game; and

                             (ii)  a copy of the film or game; and

                            (iii)  if the application is for a computer game that is an add‑on—accompanied by a copy of the game into which the add‑on is capable of generating new elements or additional levels; and

                            (iv)  a statement setting out (briefly) the grounds on which the certificate is sought; and

                             (v)  for a film—particulars of any material that could cause it to be classified M or a higher classification and, if it is an interactive film, the means by which access to that material may be gained; and

                            (vi)  for a game—particulars of any material that could cause the game to be classified M or a higher classification and of the means by which access to it may be gained.

             (3)  The Board may decline to deal with an application for a certificate, or decline to deal further with the application, unless, in the opinion of the Board, the copy of the film or computer game provided is complete and is adequate to allow a proper consideration of the application.

             (4)  The Board may decline to deal with an application for a certificate for an interactive film or a computer game, or decline to deal further with the application, unless the applicant demonstrates the film or game before the Board.

28B  Granting certificates

                   The Board may grant a certificate stating that:

                     (a)  the film is an exempt film; or

                     (b)  the computer game is an exempt computer game.

28C  Revocation of certificate

                   If the Board grants a certificate under this Division for a film or a computer game and the Board decides that it contains material that was not brought to the Board’s attention before the certificate was granted and that would cause the film or game to be classified:

                     (a)  for a film—M or a higher classification; or

                     (b)  for a game—M or a higher classification;

the Board must revoke the certificate.


 

Part 3Advertising

Division 1Approval of general advertisements

29  Approval of advertisements

             (1)  The Board may approve or refuse to approve an advertisement for a publication, a film or a computer game either on an application for approval or on its own initiative. An approval of an advertisement may be subject to conditions.

             (2)  An application for approval of an advertisement must be:

                     (a)  in writing; and

                     (b)  made in a form approved by the Director in writing; and

                     (c)  signed by or on behalf of the applicant; and

                     (d)  accompanied by the prescribed fee for that category of advertisement.

             (3)  The matters to be taken into account in deciding whether to approve an advertisement include the matters set out in section 11 and the classification guidelines referred to in section 12.

             (4)  The Board must refuse to approve an advertisement if, in the opinion of the Board, the advertisement:

                     (a)  describes, depicts or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be approved; or

                     (b)  depicts or describes, in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or

                     (c)  promotes crime or violence, or incites or instructs in matters of crime or violence; or

                     (d)  is used, or is likely to be used, in a way that is offensive to a reasonable adult.

             (5)  The Board must refuse to approve an advertisement for a publication if the publication:

                     (a)  has been classified RC; or

                     (b)  is an unclassified submittable publication.

             (6)  The Board must refuse to approve an advertisement for:

                     (a)  a film or computer game that has been classified RC; or

                     (b)  an unclassified film or unclassified computer game that, if classified, would be likely to be classified RC.

30  Calling in advertisements

             (1)  The Director may, by notice in writing given to:

                     (a)  the publisher of a publication that:

                              (i)  the Director has reasonable grounds to believe is a submittable publication; and

                             (ii)  is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe will be published in the Australian Capital Territory; or

                     (b)  the publisher of a film that is being published in the Australian Capital Territory, or that the Director has reasonable grounds to believe will be published in the Australian Capital Territory; or

                     (c)  the publisher of a computer game that is being published in the Australian Capital Territory, or that the Director has reasonable grounds to believe will be published in the Australian Capital Territory;

require the publisher to submit to the Board for approval a copy of every advertisement used or intended to be used in connection with the publishing.

             (2)  A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty:  20 penalty units.

             (3)  An offence against subsection (2) is a strict liability offence.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that he or she did not intend to:

                     (a)  publish the publication, film or computer game in the Australian Capital Territory; or

                     (b)  cause, authorise, permit or licence the publication, film or computer game to be published in the Australian Capital Territory.


 

Division 2Advertising of unclassified films and unclassified computer games

Subdivision AScheme relating to advertising

31  Scheme for advertising may be determined by legislative instrument

             (1)  The Minister may, by legislative instrument, determine a scheme for the advertising of unclassified films and unclassified computer games including, but not limited to, the following:

                     (a)  specifying conditions on which unclassified films and unclassified computer games may be advertised;

                     (b)  providing for requirements relating to self‑assessment by industry of the likely classification of unclassified films and unclassified computer games.

             (2)  The conditions on which unclassified films and unclassified computer games may be advertised include, but are not limited to, conditions in relation to the following:

                     (a)  messages that must be displayed on or in relation to the advertising of an unclassified film or an unclassified computer game;

                     (b)  the circumstances in which an unclassified film or an unclassified computer game may be advertised with a classified film or game (including circumstances relating to the likely classification of the film or computer game);

                     (c)  the time within which messages on or in relation to an advertisement for an unclassified film or an unclassified computer game must be changed after the film or computer game is classified;

                     (d)  a condition that an unclassified film or an unclassified computer game may not be advertised by a person in respect of whom a barring notice of a kind mentioned in paragraph (3)(d) is in force.

             (3)  Without limiting subsection (1), the scheme may:

                     (a)  provide for the authorisation of persons to make assessments of the likely classifications of unclassified films or unclassified computer games; and

                     (b)  specify the requirements for authorisation of a kind mentioned in paragraph (a), and for continued authorisation (including the circumstances in which such authorisation may be revoked or suspended); and

                     (c)  specify the basis on which an authorised person may make, amend or revoke assessments of the likely classification of unclassified films or unclassified computer games; and

                     (d)  provide for a notice system that empowers the Director to give a notice (a barring notice) to a particular person in specified circumstances (including circumstances that relate to whether the Director is satisfied as to a matter or matters); and

                     (e)  specify the effect of a barring notice, which may include but is not limited to providing that a person in respect of whom a barring notice is in force may not be authorised to make assessments of the likely classifications of unclassified films or unclassified computer games; and

                      (f)  provide for review by the Administrative Appeals Tribunal of decisions under the scheme; and

                     (g)  confer functions and powers on the Board or the Director in relation to and for the purposes of the scheme; and

                     (h)  provide for administrative matters, such as the making of applications and the giving of notices.

             (4)  The scheme may specify the circumstances in which an unclassified film or an unclassified computer game may not be advertised.

             (5)  The Minister must consult with participating Ministers before making a determination under subsection (1).

             (6)  A determination under subsection (1) must not be such as to permit the advertisement of a film or computer game that, if the film or computer game were classified, would be likely to be classified RC or X 18+.

Subdivision BAssessments of likely classifications of unclassified films and unclassified computer games

32  Person may apply for assessment of likely classification of unclassified film or unclassified computer game

             (1)  A person who is, or proposes to be, the distributor, exhibitor or publisher of an unclassified film or an unclassified computer game may apply to the Board for an assessment of the likely classification of the film or computer game for the purpose of advertising the film or computer game.

             (2)  The application must:

                     (a)  be in writing; and

                     (b)  be in a form approved in writing by the Director; and

                     (c)  be signed by or on behalf of the applicant; and

                     (d)  include any information, statements, explanations or other matters required by the form; and

                     (e)  be accompanied by any other relevant material required by the form; and

                      (f)  be accompanied by the prescribed fee.

33  Board may assess likely classification of film or computer game

             (1)  This section applies if an application has been made under section 32 for the assessment of the likely classification of an unclassified film or an unclassified computer game.

             (2)  The Board may assess the classification that, in the opinion of the Board, the film or computer game would be likely to have if the film or computer game were classified, having regard to the material and information available to the Board when making the assessment.

             (3)  The Board may refuse to assess the likely classification of the film or computer game if the Board considers that the material and information available to the Board is insufficient (whether or not the Board has made a request under subsection (4)).

             (4)  The Board may request the applicant to give to the Board, within the period specified in the request, further information for the purpose of enabling the Board to deal with the application.

             (5)  The Board may decline to deal with the application, or decline to further deal with the application, until the information is given to the Board in accordance with the request.

             (6)  To avoid doubt, this section does not require the Board to obtain further information under subsection (4) for the purposes of the Board’s assessment.

             (7)  An assessment made under subsection (2) is not a legislative instrument.

34  Revocation of assessments

             (1)  If, after making an assessment under section 33 of the likely classification of an unclassified film or an unclassified computer game, but before the film or computer game is classified, the Board is of the opinion that:

                     (a)  the film or computer game contains, or will contain, material of which the Board was unaware when the Board made the assessment; and

                     (b)  if the Board had been aware of the material before making the assessment, it would have assessed the film or computer game as likely to have a higher classification;

the Board must revoke the assessment, and must also revoke the approval of any approved advertisement for the film or game.

             (2)  The Board must revoke an assessment under section 33 of the likely classification of a film or computer game, and must also revoke the approval of any approved advertisement for the film or game, if the applicant for the assessment makes a written request that the Board do so.

             (3)  The revocation of an assessment or approved advertisement takes effect:

                     (a)  when written notice of the decision to revoke is given under section 35 to the applicant concerned; or

                     (b)  if a later day is specified in the instrument of revocation—on that later day.

35  Notice of decisions

                   The Board must give written notice of a decision under section 33 or 34 to the applicant for the assessment or advertisement concerned as soon as practicable but not later than 30 days after the making of the decision.


 

Part 4Reclassification

  

38  Limit on reclassification

             (1)  If:

                     (a)  a publication, a film or a computer game is classified; or

                     (b)  an advertisement is approved or refused approval;

the Board must not reclassify the publication, film or computer game, or approve or refuse to approve the advertisement, within the period of 2 years commencing on the day on which the classification, approval or refusal of approval was done.

             (2)  Subsection (1) does not prevent the Board classifying a film or computer game that becomes unclassified under section 21 or whose classification is revoked under section 21A.

39  Reclassification etc. after 2 years

             (1)  After that period of 2 years, the Board may:

                     (a)  reclassify the publication, film or computer game; or

                     (b)  reconsider the advertisement and approve or refuse to approve it.

             (2)  The Board may act under subsection (1) at the request of the Minister or on its own initiative.

             (3)  If the Minister requests the Board to act under subsection (1), the Board must do so.

             (4)  If a participating Minister asks the Minister, in writing, to make a request under this section, the Minister must do so.

             (5)  If the publisher of the publication, film or computer game resides in the Australian Capital Territory or has an office in the Australian Capital Territory, the Director may, by notice in writing given to the publisher, require the publisher to submit a copy of the publication, film or computer game for the purpose of reclassifying it.

             (6)  A person to whom a notice under this section is given must, within 5 business days after receiving the notice, comply with the notice.

Penalty:  20 penalty units.

             (7)  An offence against subsection (6) is a strict liability offence.

             (8)  It is a defence to a prosecution for an offence against subsection (6) if the defendant proves that he or she did not have a copy of the publication, film or computer game.

40  Notice of intention to reclassify etc.

             (1)  If the Board intends to reclassify a publication, a film or a computer game or reconsider a decision on an advertisement, the Director must give notice of that intention, inviting submissions about the matter.

             (2)  The Director must cause the contents of the notice to be publicised in such manner as the Director decides at least 30 days before the Board proposes to consider the matter.

             (3)  If practicable, the Director must give a copy of the notice to the person on whose application the former classification or approval was made or given at least 30 days before the Board proposes to consider the matter.

             (4)  The notice must specify the day on which the Board proposes to consider the matter.

41  Consideration of submissions

                   The matters that the Board is to take into account in reclassifying the publication, film or computer game or in approving or refusing to approve the advertisement include issues raised in submissions made to the Board about the matter.


 

Part 5Review of decisions

  

42  The persons who may apply for review

             (1)  Any of the following persons may apply to the Review Board for a review of a decision:

                     (a)  the Minister;

                     (b)  the applicant for classification of the publication, film or computer game concerned, the applicant for assessment under section 33 of the likely classification of the unclassified film or unclassified computer game concerned, or the applicant for approval of the advertisement concerned;

                     (c)  the publisher of the film, publication or computer game concerned;

                     (d)  a person aggrieved by the decision.

             (2)  If a participating Minister asks the Minister, in writing, to apply for a review of a decision, the Minister must do so.

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

                     (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 publication, film or computer game 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.

             (4)  However, a person or body is not aggrieved by a restricted decision because of subsection (3) if the decision 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 publication, film or computer game 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.

             (5)  In this section:

restricted decision means a decision of the Board:

                     (a)  to classify a publication Category 1 restricted, Category 2 restricted or RC; or

                     (b)  to classify a film MA 15+, R 18+, X 18+ or RC; or

                     (c)  to classify a computer game MA 15+ or RC.

42A  Review Board may refuse to deal with certain applications

                   The Review Board may refuse to deal with an application for review made by a person referred to in paragraph 42(1)(d), or to deal further with it, if the Review Board is satisfied that the application is frivolous or vexatious or not made in good faith.

43  Applications for review

             (1)  An application for review of a decision must be:

                     (a)  in writing; and

                     (b)  made in a form approved by the Convenor in writing; and

                     (c)  signed by or on behalf of the applicant; and

                     (d)  except for an application made by the Minister—accompanied by the prescribed fee.

             (2)  An application by the Minister for review of a decision may be made at any time.

             (3)  Any other application for review of a decision must be made:

                     (a)  within 30 days after the applicant received notice of the decision; or

                     (b)  within such longer period as the Review Board allows.

             (4)  If a person other than the original applicant applies for review of a decision, the Convenor must notify the original applicant in writing of the application and of the day on which it will be considered.

44  Dealing with applications

             (1)  The Review Board must deal with an application for review of a decision in the same way that the Board deals with an application for classification of a publication, film or computer game or for approval of an advertisement.

             (2)  Section 19 (other than subsection 19(6)) applies for the purpose of an application for review as if:

                     (a)  references in that section to the Board were references to the Review Board; and

                     (b)  references in that section to the Director were references to the Convenor.

44A  Obtaining copies for review

             (1)  If:

                     (a)  an application is made for a review of a classification decision by a person who is not the original applicant for classification of the publication, film or computer game concerned; and

                     (b)  the Board or the Review Board does not have a copy of the publication, film or game and a copy is not available to it; and

                     (c)  the original applicant or the publisher of the publication, film or game, resides in the Australian Capital Territory or has an office in the Australian Capital Territory;

the Convenor may, by notice in writing given to the original applicant or publisher, require the original applicant or publisher to make a copy of the publication, film or game available for the purpose of the review.

             (2)  A person to whom a notice under this section is given must, within 5 business days after receiving the notice, comply with the notice.

Penalty:  20 penalty units.

             (3)  An offence against subsection (2) is a strict liability offence.

             (4)  It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that he or she did not have a copy of the publication, film or game.

44B  Validation of Review Board decisions etc. in relation to decisions on applications by law enforcement agencies

             (1)  A decision (the review decision) made by the Review Board (whether before or after the commencement of this section) on an application (the review application):

                     (a)  for review of a decision on an application made by or on behalf of a law enforcement agency of the Commonwealth, a State or a Territory; and

                     (b)  that did not satisfy the requirements of this Act for the making of the review application;

is as valid, and is taken always to have been as valid, as it would have been if the review application had satisfied those requirements.

             (2)  Any later decision made, or any later action taken by, the Board, the Review Board, the Director or the Convenor under this Act (whether before or after the commencement of this section) on the basis of the review decision is as valid, and is taken always to have been as valid, as it would have been if the review decision had been made on an application that satisfied the requirements of this Act for the making of the application.


 

Part 6The Classification Board

Division 1Establishment of the Board

45  Establishment of Classification Board

                   A Classification Board is established.

46  Constitution of Board

                   The Board is to consist of:

                     (a)  a Director; and

                     (b)  a Deputy Director; and

                     (c)  Senior Classifiers; and

                     (d)  other members.

47  Maximum number of members

                   There must not be more than 20 members or such higher number as is prescribed by the regulations.

48  Appointment of members

             (1)  The members (other than temporary members) are to be appointed by the Governor‑General.

             (2)  In appointing members, regard is to be had to the desirability of ensuring that the membership of the Board is broadly representative of the Australian community.

             (3)  The Minister must, before recommending the appointment of a member (other than a temporary member), consult with participating Ministers.

49  Full‑time and part‑time appointments

             (1)  The Director, the Deputy Director and the Senior Classifiers are to be appointed as full‑time members.

             (2)  Any other member may be appointed either as a full‑time member or as a part‑time member.

50  Temporary members

             (1)  The Minister may appoint a person to be a temporary member of the Board if, in his or her opinion, it is necessary to do so for the efficient dispatch of the Board’s business.

             (2)  An appointment under this section is to be for a maximum period of 3 months.

51  Terms and conditions of appointment

             (1)  A member (other than a temporary member) is to be appointed for the period (not longer than 5 years) specified in the instrument of appointment but is eligible for reappointment.

             (2)  A member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Governor‑General.

             (3)  A member must not hold office as a member for a total of more than 7 years.


 

Division 2Responsibilities and powers of the Director

52  Responsibilities and powers of the Director

                   The Director is responsible for ensuring that the business of the Board is conducted in an orderly and efficient way and, for that purpose, the Director may give directions as to the arrangement of the business of the Board.

53  Powers of Director under State/Territory laws

                   The Director may exercise powers conferred on him or her by:

                     (a)  a provision of a law of a State or the Northern Territory that corresponds to section 23, 23A, 24 or 30; or

                     (b)  a provision of a law of a State or Territory that:

                              (i)  relates to the granting of exemptions from a State or Territory law relating to publications, films or computer games or approval of organisations in relation to films or computer games; or

                             (ii)  relates to the approval of forms; or

                            (iii)  is prescribed.


 

Division 4Procedure of the Board

56  Board to regulate its procedure

                   Subject to this Division, the procedure to be followed by the Board is as determined by the Director.

57  Decisions of the Board

             (1)  This section applies to the consideration by the Board of an application or of an advertisement.

             (2)  The Director may give directions as to the constitution of the Board for the purpose of that consideration.

             (3)  If the members of the Board dealing with a matter are divided in opinion, but not equally divided, the decision of the majority prevails.

             (4)  If the members of the Board are equally divided in opinion:

                     (a)  if the Board constituted for the purposes of the matter includes the Director—the Director has a casting vote as well as a deliberative vote; and

                     (b)  in any other case—the Director must vary the constitution of the Board by adding 1 or more other members and the matter is to be considered again.

             (5)  The Director may decide the way in which decisions of the Board, and opinions of individual members, are to be recorded.

58  Procedures that apply to meetings of the Board

             (1)  The Director is to convene such meetings of the Board as he or she thinks necessary for the efficient performance of its functions.

             (2)  Meetings are to be held at such places as the Director decides.

             (3)  The Director is to preside at all meetings at which he or she is present.

             (4)  If the Director is not present at a meeting:

                     (a)  the Deputy Director is to preside; or

                     (b)  if the Deputy Director is not present—the members present are to appoint a member to preside.

             (5)  At a meeting, 5 members constitute a quorum.

             (6)  Questions arising at a meeting are to be determined by a majority of the votes of the members present and voting.

             (7)  If a matter relating to the classification of a publication, film or computer game or the approval of an advertisement is referred to a meeting of the Board, only those members who have read the publication, seen the film or advertisement or seen the computer game demonstrated may vote on the matter.

             (8)  The person presiding at a meeting has a deliberative vote and, if necessary, also has a casting vote.


 

Division 5Administrative provisions

59  Delegations

             (1)  The Director may by signed instrument delegate to another member all or any of the Director’s powers under this Act or the regulations.

             (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.

             (3)  A power may only be delegated under paragraph (2)(a) if the Board has, by resolution, determined that the delegation is desirable for the efficient running of the Board.

60  Remuneration and allowances

             (1)  A member is to be paid the remuneration and allowances determined by the Remuneration Tribunal. If there is no determination in force, the member is to be paid such remuneration as is prescribed.

             (2)  A member is to be paid such other allowances as are prescribed.

             (3)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

61  Leave of absence

             (1)  A member has the recreation leave entitlements determined by the Remuneration Tribunal.

             (2)  The Minister may grant a member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

62  Outside employment

             (1)  Except with the consent of the Minister, a full‑time member must not engage in paid employment outside the duties of his or her office.

             (2)  Subsection (1) does not apply to service in the Defence Force.

63  Resignation

             (1)  A member (other than a temporary member) may resign by giving a signed notice of resignation to the Governor‑General.

             (2)  A temporary member may resign by giving a signed notice of resignation to the Minister.

64  Disclosure of interests

             (1)  A member who has a conflict of interest in relation to a matter being considered or about to be considered by the Board must disclose the matters giving rise to that conflict to the Board as soon as possible after becoming aware of the conflict.

             (2)  The member must not take part in the making of a decision by the Board in relation to the matter unless the Director agrees or, if the member is the Director, the Minister agrees.

             (3)  For the purposes of this section, a member has a conflict of interest in relation to a matter being considered or about to be considered by the Board if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions in relation to that matter.

65  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

             (2)  The Governor‑General must terminate the appointment of a member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member is a full‑time member and is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the member is a part‑time member and is absent, without reasonable excuse, from 3 consecutive meetings of the Board; or

                     (d)  the member engages in paid employment contrary to section 62; or

                     (e)  the member fails, without reasonable excuse, to comply with section 64.

             (3)  If a member is:

                     (a)  an eligible employee for the purposes of the Superannuation Act 1976; or

                     (b)  a member of the superannuation scheme established by deed under the Superannuation Act 1990; or

                     (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

the Governor‑General may, with the member’s consent, retire the member from office on the ground of incapacity.

             (4)  In spite of anything in this Act, a member who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her retiring age (within the meaning of that Act);

cannot be retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

             (5)  In spite of anything in this Act, a member who:

                     (a)  is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

                     (b)  is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 13 of that Act.

          (5A)  In spite of anything in this Act, a member who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

             (6)  This section applies to a temporary member as if references to the Governor‑General were references to the Minister.

66  Acting appointments

             (1)  If:

                     (a)  there is a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or

                     (b)  the Director is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;

the Deputy Director is to act as the Director during the vacancy, absence or inability.

             (2)  If the Deputy Director is not available, the Minister may appoint another member to act as the Director during the vacancy, absence or inability.

             (3)  The Minister may appoint a person to act in the office of a member other than the Director:

                     (a)  during a vacancy in the office, whether or not an appointment has previously been made to the office; or

                     (b)  during a period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

             (4)  Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

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.


 

Part 7The Review Board

Division 1Establishment of the Review Board

72  Establishment of Classification Review Board

                   A Classification Review Board is established.

73  Constitution of Review Board

                   The Review Board is to consist of:

                     (a)  a Convenor; and

                     (b)  a Deputy Convenor; and

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

74  Appointment of members of the Review Board

             (1)  The members of the Review Board are to be appointed by the Governor‑General.

             (2)  In appointing members of the Review Board, regard is to be had to the desirability of ensuring that the membership of the Review Board is broadly representative of the Australian community.

             (3)  The Minister must, before recommending the appointment of a member of the Review Board, consult with participating Ministers.

75  Members of the Review Board to be part‑time

                   The members of the Review Board are to be appointed as part‑time members.

76  Terms and conditions of appointment

             (1)  A member of the Review Board is to be appointed for the period (not longer than 5 years) specified in the instrument of appointment but is eligible for reappointment.

             (2)  A member of the Review Board holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Governor‑General.

             (3)  A member of the Review Board must not hold office as a member of the Review Board for a total of more than 7 years.


 

Division 2Responsibilities and powers of the Convenor

77  Responsibilities and powers of the Convenor

                   The Convenor is responsible for ensuring that the business of the Review Board is conducted in an orderly and efficient way and, subject to section 78, the Convenor may give directions as to the arrangement of the business of the Review Board or the constitution of the Review Board for the purpose of considering a particular matter.

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.


 

Division 3Procedure of the Review Board

78  Constitution of Review Board for the purpose of its functions

                   For the purpose of performing its functions, the Review Board is to be constituted by at least 3 of its members who are to be nominated for the purpose by the Convenor.

79  Decisions of the Review Board

             (1)  If the members of the Review Board dealing with a matter are divided in opinion, but not equally divided, the decision of the majority prevails.

             (2)  If the members of the Review Board are equally divided in opinion:

                     (a)  if the Review Board constituted for the purposes of the application or matter includes the Convenor—the Convenor has a casting vote as well as a deliberative vote; and

                     (b)  in any other case—the Convenor is to vary the constitution of the Review Board by adding 1 or more other members and the matter is to be considered again.

             (3)  The Convenor may decide the way in which decisions of the Review Board, and opinions of individual members, are to be recorded.


 

Division 4Administrative provisions

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.

80  Remuneration and allowances

             (1)  A member of the Review Board is to be paid the remuneration and allowances determined by the Remuneration Tribunal. If there is no determination in force, the member is to be paid such remuneration as is prescribed.

             (2)  A member of the Review Board is to be paid such other allowances as are prescribed.

             (3)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

81  Resignation

                   A member of the Review Board may resign by giving a signed notice of resignation to the Governor‑General.

82  Disclosure of interests

             (1)  A member of the Review Board who has a conflict of interest in relation to a matter being considered or about to be considered by the Review Board must disclose the matters giving rise to that conflict to the Review Board as soon as possible after becoming aware of the conflict.

             (2)  The member must not take part in the making of a decision by the Review Board in relation to the matter unless the Convenor agrees or, if the member is the Convenor, the Minister agrees.

             (3)  For the purposes of this section, a member of the Review Board has a conflict of interest in relation to a matter being considered or about to be considered by the Review Board if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions in relation to that matter.

83  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of a member of the Review Board for misbehaviour or physical or mental incapacity.

             (2)  The Governor‑General must terminate the appointment of a member of the Review Board if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member is absent, without reasonable excuse, from 3 consecutive meetings of the Review Board; or

                     (c)  the member fails, without reasonable excuse, to comply with section 82.

             (3)  If a member of the Review Board is:

                     (a)  an eligible employee for the purposes of the Superannuation Act 1976; or

                     (b)  a member of the superannuation scheme established by deed under the Superannuation Act 1990; or

                     (c)  an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

the Governor‑General may, with the member’s consent, retire the member from office on the ground of incapacity.

             (4)  In spite of anything in this Act, a member of the Review Board who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her retiring age (within the meaning of that Act);

cannot be retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

             (5)  In spite of anything in this Act, a member of the Review Board who:

                     (a)  is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

                     (b)  is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 13 of that Act.

             (6)  In spite of anything in this Act, a member of the Review Board who:

                     (a)  is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

                     (b)  is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.

84  Acting appointments

             (1)  If:

                     (a)  there is a vacancy in the office of Convenor, whether or not an appointment has previously been made to the office; or

                     (b)  the Convenor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;

the Deputy Convenor is to act as the Convenor during the vacancy, absence or inability.

             (2)  If the Deputy Convenor is not available, the Minister may appoint another member of the Review Board to act as the Convenor during the vacancy, absence or inability.

             (3)  The Minister may appoint a person to act in the office of a member of the Review Board other than the Convenor:

                     (a)  during a vacancy in the office, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

             (4)  Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

85  Annual report

             (1)  As soon as practicable after the end of each financial year, the Convenor must give to the Minister a report of the management of the administrative affairs of the Review 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.


 

Part 8Miscellaneous

  

87  Evidentiary certificates

Applications to the Director

             (1)  A person may apply to the Director for a certificate about action taken, or not taken, under this Act by the Director or by the Board.

             (2)  If the application is not an enforcement application, the Director 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.

             (3)  If the application is an enforcement application, the Director 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.

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.

87A  Board to make decisions within a specified time

             (1)  The Board must make a decision on:

                     (a)  an application for the classification of a publication, film or computer game (other than an enforcement application); or

                     (b)  an application for approval of an advertisement; or

                     (c)  an application for an assessment of the likely classification of an unclassified film or an unclassified computer game;

within 20 business days, or such shorter 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 Board does not make the decision within the period, the Director must state the reason for the Board not doing so in the annual report given to the Minister under section 67.

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.

88  Additional functions of Board

                   The Director may, with the written approval of the Minister, enter into an arrangement with a person (including an authority of the Commonwealth) for the performance of services by the Board in relation to material made available on a telecommunications service or other communications service.

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.

89  Service of notices

                   A notice that may be given to a person under this Act is taken to have been given to the person if:

                     (a)  it is personally delivered to the person; or

                     (b)  it is sent by post addressed to the person’s place of residence or business last known to the Director or Convenor; or

                     (c)  it is left at the person’s place of residence or business last known to the Director or Convenor with a person who is apparently at least 16 and is apparently living or employed at that place.

90  Payments to the States and Territories

             (1)  The Minister may enter into an agreement with a participating Minister under which amounts are to be paid to the participating Minister’s State or Territory in respect of the administration by the State or Territory of the scheme referred to in section 3.

             (2)  Payments referred to in subsection (1) are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

91  Waiver of fees

Waiver by Director

             (1)  The Director 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 Board or Director if:

                     (a)  in the Director’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 Director’s opinion, it is in the public interest to do so.

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.

Notice of decision

             (2)  If the Director or Convenor makes a decision under this section, the Director or Convenor, as the case may be, must, within 28 days after making the decision, notify the applicant in writing of the decision and of the reasons for the decision.

             (3)  The notice must include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the decision.

             (4)  A failure to comply with subsection (3) does not invalidate the decision.

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).

91A  Commonwealth not liable to pay a fee

             (1)  The Commonwealth is not liable to pay a fee that is payable under this Act. However, it is the Parliament’s intention that the Commonwealth should be notionally liable to pay such a fee.

             (2)  The Minister for Finance and Administration may give such written directions as are necessary or convenient for carrying out or giving effect to subsection (1) and, in particular, may give directions in relation to the transfer of money within an account, or between accounts, operated by the Commonwealth.

             (3)  Directions under subsection (2) have effect, and must be complied with, despite any other Commonwealth law.

             (4)  In subsections (1) and (2), Commonwealth includes:

                     (a)  an Agency (within the meaning of the Financial Management and Accountability Act 1997); and

                     (b)  a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997);

that cannot be made liable to taxation by a Commonwealth law.

Note:          For persons that can be made liable to pay tax, but are exempt from the liability because of another Commonwealth law: see section 91B.

91B  Cancellation of exemptions from fees

             (1)  This section cancels the effect of a provision of another Act that would have the effect of exempting a person from liability to pay a fee payable under this Act.

             (2)  The cancellation does not apply if the provision of the other Act:

                     (a)  commences after this section commences; and

                     (b)  refers specifically to a fee payable under this Act.

91C  Debts due to the Commonwealth

                   A fee payable under this Act is recoverable as a debt due to the Commonwealth.

92  Act not to apply to broadcasting services under Broadcasting Services Act

                   This Act does not apply to broadcasting services to which the Broadcasting Services Act 1992 applies.

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.

93  Regulations

General regulation‑making power

             (1)  The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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 9Transitional provisions and repeals

  

94  Definitions

                   In this Part:

censor means:

                     (a)  the Chief Censor, the Deputy Chief Censor or another member of the former Board; or

                     (b)  a Deputy Censor appointed under the Customs (Cinematograph Films) Regulations; or

                     (c)  a classification officer appointed under the Indecent Articles and Classified Publications Act 1975 of New South Wales, the Classification of Publications Ordinance 1983 of the Australian Capital Territory or the Classification of Publications and Films Act of the Northern Territory.

former Board means the Censorship Board constituted under the Customs (Cinematograph Films) Regulations.

former Review Board means the Film and Literature Board of Review constituted under the Customs (Cinematograph Films) Regulations.

95  Service of member of former Board or former Review Board

                   For the purposes of this Act, service by a person as a member of the former Board or of the former Review Board is taken to be service as a member of the Board or the Review Board.

96  Decisions of former Board and former Review Board

             (1)  A classification, approval or determination made by the former Board or by a censor has effect as if it had been made by the Board under this Act.

             (2)  A classification, approval or determination made by the former Review Board has effect as if it had been made by the Review Board under this Act.

97  Pending applications

                   If an application for:

                     (a)  classification of a film, a publication or a computer game; or

                     (b)  approval of an advertisement; or

                     (d)  review of a decision;

is, on the day fixed under subsection 2(2) or the day applicable under subsection 2(3), pending under a law of a State or Territory, the application may be dealt with as if it had been made under this Act.

97A  Reclassification

             (1)  The Board may, on its own initiative, reclassify a publication or film where the publication or film was classified, in response to an enforcement application, by the former Board or a censor under the law of one State or Territory only.

             (2)  The Board may also, on its own initiative, reclassify a publication or film where the publication or film was classified, in response to an enforcement application, by the former Board or a censor and was given different classifications in different States or Territories.

98  Repeals

             (1)  The Customs (Cinematograph Films) Regulations of the Commonwealth are repealed.

             (2)  The Classification of Publications Ordinance 1983 of the Australian Capital Territory is repealed.


 

Part 10Material prohibited in prescribed areas

Division 1Preliminary

98A  Main object of Part

                   The main object of this Part is to enable special measures to be taken to protect children living in Indigenous communities in the Northern Territory from being exposed to prohibited material.

99  Definitions

                   In this Part:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

body corporate manager, in relation to a body corporate, means:

                     (a)  the manager or governing officer (however described) of the body corporate; or

                     (b)  a member of the governing body (however described) of the body corporate.

child means a person who is under 18 years of age.

Indigenous Affairs Minister means the Minister administering the Aboriginal Land Rights (Northern Territory) Act 1976.

Indigenous Affairs Secretary means the Secretary of the Department administered by the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976.

item, in relation to prohibited material, means a publication, film or computer game.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

level 1 prohibited material means:

                     (a)  a publication classified Category 1 restricted or Category 2 restricted; or

                     (b)  an unclassified publication that contains material that would be likely to cause it to be classified Category 1 restricted or Category 2 restricted; or

                     (c)  a film classified X 18+; or

                     (d)  an unclassified film that contains material that would be likely to cause it to be classified X 18+; or

                     (e)  a prohibited advertisement.

level 2 prohibited material means:

                     (a)  a publication, film or computer game classified RC; or

                     (b)  an unclassified publication, film or computer game that contains material that would be likely to cause it to be classified RC.

material includes any computer data or other form of recording from which sounds or written or pictorial matter may be produced.

police officer means a constable within the meaning of the Crimes Act 1914.

postal service means a postal service within the meaning of paragraph 51(v) of the Constitution.

prescribed area has the same meaning as in the Northern Territory National Emergency Response Act 2007.

prohibited advertisement means an advertisement for a publication, a film or a computer game:

                     (a)  that has been refused approval under Part 3; or

                     (b)  that contains material that would be likely to cause it to be refused approval under Part 3.

prohibited material means:

                     (a)  level 1 prohibited material; or

                     (b)  level 2 prohibited material.

seized material means material seized under section 106.

State/Territory body corporate manager, in relation to a body corporate that operates within a State or Territory, means a person who takes part in managing, administering or governing the business of the body corporate in the State or Territory.

supply includes supply by way of sale, exchange, gift, lease, loan, hire or hire‑purchase.

100  Concurrent operation of State and Territory laws

             (1)  This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

             (2)  Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:

                     (a)  an act or omission that is an offence against a provision of this Part; or

                     (b)  a similar act or omission;

an offence against the law of the State or Territory.

             (3)  Subsection (2) applies even if the law of the State or Territory does any one or more of the following:

                     (a)  provides for a penalty for the offence that differs from the penalty provided for in this Part;

                     (b)  provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;

                     (c)  provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.

100A  Declarations by Indigenous Affairs Minister

             (1)  The Indigenous Affairs Minister may, by legislative instrument, declare that this Part ceases to have effect in relation to a specified prescribed area or a specified part of a prescribed area.

             (2)  The Indigenous Affairs Minister must not make a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area unless a request is made to the Indigenous Affairs Minister to do so by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.

             (3)  If the Indigenous Affairs Minister makes a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, this Part continues to apply in relation to that area or part after the declaration takes effect in relation to things done, or omitted to be done, before the declaration takes effect.

Community consultation

             (4)  Before making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Indigenous Affairs Minister must ensure that:

                     (a)  information setting out:

                              (i)  the proposal to make the declaration; and

                             (ii)  an explanation, in summary form, of the consequences of the making of the declaration;

                            has been made available in the prescribed area or the part of the prescribed area; and

                     (b)  people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss:

                              (i)  the proposal to make the declaration; and

                             (ii)  the consequences of the making of the declaration; and

                            (iii)  their circumstances, concerns and views, so far as they relate to the proposal;

                            with employees of the Commonwealth or such other persons as the Indigenous Affairs Minister thinks appropriate.

             (5)  A failure to comply with subsection (4) does not affect the validity of a declaration under subsection (1).

Criteria for making a declaration

             (6)  In making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Indigenous Affairs Minister must have regard to the following matters:

                     (a)  the well‑being of people living in the prescribed area or the part of the prescribed area;

                     (b)  whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of violence or sexual abuse during a period the Indigenous Affairs Minister considers appropriate;

                     (c)  the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed their concerns about being at risk of violence or sexual abuse;

                     (d)  whether there is reason to believe that children living in the prescribed area or the part of the prescribed area have been exposed to prohibited material during a period the Indigenous Affairs Minister considers appropriate;

                     (e)  the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed the view that their well‑being will be improved if this Part continues to apply in relation to the prescribed area or the part of the prescribed area;

                      (f)  any discussions of the kind referred to in paragraph (4)(b);

                     (g)  the views of relevant law enforcement authorities;

                     (h)  any other matter that the Indigenous Affairs Minister considers relevant.

100B  Reapplication of this Part

             (1)  The Indigenous Affairs Minister may, by legislative instrument, revoke a declaration made under subsection 100A(1) in relation to a prescribed area or a part of a prescribed area.

             (2)  At and after the time the revocation takes effect, this Part again has effect in relation to the prescribed area or the part of the prescribed area.

             (3)  The Indigenous Affairs Minister may make a revocation under subsection (1):

                     (a)  on the Indigenous Affairs Minister’s own initiative; or

                     (b)  following a request made to the Indigenous Affairs Minister by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.

Community consultation

             (4)  Before making a revocation under subsection (1), the Indigenous Affairs Minister must ensure that:

                     (a)  information setting out:

                              (i)  the proposal to make the revocation; and

                             (ii)  an explanation, in summary form, of the consequences of the making of the revocation;

                            has been made available in the prescribed area or the part of the prescribed area; and

                     (b)  people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss:

                              (i)  the proposal to make the revocation; and

                             (ii)  the consequences of the making of the revocation; and

                            (iii)  their circumstances, concerns and views, so far as they relate to the proposal;

                            with employees of the Commonwealth or such other persons as the Indigenous Affairs Minister thinks appropriate.

             (5)  A failure to comply with subsection (4) does not affect the validity of a revocation under subsection (1).

Criteria for making a revocation

             (6)  In making a revocation under subsection (1), the Indigenous Affairs Minister must have regard to the following matters:

                     (a)  the well‑being of people living in the prescribed area or the part of the prescribed area;

                     (b)  whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of violence or sexual abuse during a period the Indigenous Affairs Minister considers appropriate;

                     (c)  the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed their concerns about being at risk of violence or sexual abuse;

                     (d)  whether there is reason to believe that children living in the prescribed area or the part of the prescribed area have been exposed to prohibited material during a period the Indigenous Affairs Minister considers appropriate;

                     (e)  the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed the view that their well‑being will be improved if this Part applies in relation to the prescribed area or the part of the prescribed area;

                      (f)  any discussions of the kind referred to in paragraph (4)(b);

                     (g)  the views of relevant law enforcement authorities;

                     (h)  any other matter that the Indigenous Affairs Minister considers relevant.

100C  Delegation by Indigenous Affairs Minister

                   The Indigenous Affairs Minister may, by writing, delegate any or all of his or her powers and functions under sections 100A and 100B to the Indigenous Affairs Secretary.


 

Division 2Offences

101  Possession or control of level 1 prohibited material in prescribed areas

                   A person commits an offence if:

                     (a)  the person has possession or control of material; and

                     (b)  the material is level 1 prohibited material; and

                     (c)  the material is in a prescribed area.

Penalty:  50 penalty units.

102  Possession or control of level 2 prohibited material in prescribed areas

                   A person commits an offence if:

                     (a)  the person has possession or control of material; and

                     (b)  the material is level 2 prohibited material; and

                     (c)  the material is in a prescribed area.

Penalty:  100 penalty units.

103  Supplying prohibited material in and to prescribed areas

Supply generally

             (1)  A person commits an offence if:

                     (a)  the person:

                              (i)  supplies material to a third person; or

                             (ii)  prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

                            (iii)  transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

                            (iv)  guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or

                             (v)  possesses material intending to supply any of it to a third person; and

                     (b)  the third person is in a prescribed area; and

                     (c)  the material is prohibited material.

Penalty:  100 penalty units.

Supplying 5 or more items

             (2)  A person commits an offence if:

                     (a)  the person:

                              (i)  supplies material to a third person; or

                             (ii)  prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

                            (iii)  transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

                            (iv)  guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or

                             (v)  possesses material intending to supply any of it to a third person; and

                     (b)  the third person is in a prescribed area; and

                     (c)  the material is prohibited material; and

                     (d)  the material consists of 5 or more items of prohibited material.

Penalty:  200 penalty units or imprisonment for 2 years, or both.

             (3)  For the purposes of proving an offence against subsection (2), a person who engages in conduct specified in subparagraph (2)(a)(ii), (iii), (iv) or (v) in a prescribed area, is taken to have done so:

                     (a)  intending to supply the material; or

                     (b)  believing that another person intends to supply the material; or

                     (c)  intending to assist another person to supply the material;

as the subparagraph requires, to a person in a prescribed area.

             (4)  Subsection (3) does not apply in relation to a subparagraph mentioned in that subsection if the person proves that he or she did not have the intention or belief required by that subparagraph.

Note:          A defendant bears a legal burden in relation to the matters in subsection (4)—see section 13.4 of the Criminal Code.

104  Body corporate managers taken to have committed offences

             (1)  An offence against this Part that is committed by a body corporate is also taken to have been committed by:

                     (a)  each body corporate manager; and

                     (b)  any State/Territory body corporate manager for the State or Territory in which the offence is committed.

             (2)  A body corporate manager or State/Territory body corporate manager does not commit an offence because of subsection (1) if he or she:

                     (a)  does not know of the circumstances that constitute the offence; or

                     (b)  knows of those circumstances but takes all reasonable steps to prevent the commission of the offence as soon as possible after he or she becomes aware of those circumstances.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2)—see subsection 13.3(3) of the Criminal Code.

105  Division does not apply to postal services

                   This Division does not apply in relation to anything done in the normal course of the provision of a postal service.


 

Division 3Seizure and forfeiture of prohibited material

106  Seizure of prohibited material

                   If:

                     (a)  a police officer finds material in a prescribed area; and

                     (b)  the officer suspects on reasonable grounds that the material is prohibited material;

the officer may seize the material.

Note:          See Part IAA of the Crimes Act 1914 for police search powers.

107  Seizure notices

             (1)  The police officer who is responsible for the seized material (the responsible officer) must, within 7 days after the day on which the material was seized, serve a seizure notice on:

                     (a)  the owner of the material; or

                     (b)  if the owner of the material cannot be identified after reasonable inquiries—the person from whom the material was seized.

             (2)  Subsection (1) does not apply if:

                     (a)  both:

                              (i)  the owner of the material cannot be identified after reasonable inquiries; and

                             (ii)  the material was not seized from a person; or

                     (b)  it is not possible to serve the person required to be served under subsection (1).

             (3)  The seizure notice must:

                     (a)  identify the material; and

                     (b)  state the date on which the material was seized; and

                     (c)  state the ground or grounds on which the material was seized; and

                     (d)  explain the procedures for the possible return of the material set out in sections 108 and 109; and

                     (e)  provide contact details for the responsible officer; and

                      (f)  state that, if the material is not returned to the owner under section 108 or 109, it is forfeited to the Commonwealth.

108  Return of seized material—on request

             (1)  The owner of the seized material may request the responsible officer to return the material.

             (2)  The request must be made:

                     (a)  within 60 days after the date of the seizure notice; or

                     (b)  if subsection 107(2) applied so that a seizure notice was not served—within 60 days after the day on which the material was seized.

             (3)  If:

                     (a)  the owner requests the return of the material within the time specified under subsection (2); and

                     (b)  the responsible officer is satisfied, on reasonable grounds, that the material is not prohibited material;

the responsible officer must return the material to the owner. Otherwise the request must be refused.

109  Return of seized material—application to magistrate

             (1)  If the responsible officer refuses to return the material, the owner may apply to a magistrate for an order that the material is to be returned.

             (2)  The application must be made within 60 days after the responsible officer’s refusal.

             (3)  If the magistrate is satisfied that the material is not prohibited material, the magistrate must order that the material is to be returned. Otherwise the magistrate must refuse to make the order.

110  Seized material forfeited to the Commonwealth

                   Seized material that is not returned to its owner under section 108 or 109:

                     (a)  is forfeited to the Commonwealth; and

                     (b)  must be destroyed, disposed of or otherwise dealt with as the Minister directs.

111  Relationship of Division to other laws

                   The powers conferred, and duties imposed, by this Division on police officers are in addition to, and not in derogation of, any other powers conferred, or duties imposed, by any other law of the Commonwealth or the law of a State or Territory.


 

Division 4Miscellaneous

112  Evidence

                   In proceedings for an offence against this Part, a certificate under section 87 is prima facie evidence of the matters stated in the certificate.

113  Compensation for acquisition of property

             (1)  Subsection 50(2) of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to any acquisition of property referred to in that subsection that occurs as a result of the operation of this Part.

             (2)  However, if the operation of this Part would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (3)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

114  Minister may repeal provisions of this Part

             (1)  The Minister may, by legislative instrument, repeal some or all of the provisions of this Part.

             (2)  A provision is repealed under subsection (1) when the instrument repealing the provision is made.

             (3)  Subsection 33(3) of the Acts Interpretation Act 1901 does not apply to an instrument made under subsection (1).

             (4)  Neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to an instrument made under subsection (1).

115  Sunset provision [see Note 1]

                   This Part ceases to have effect at the end of the period of 5 years beginning on the day after the day on which the Northern Territory National Emergency Response Act 2007 receives the Royal Assent.


Notes to the Classification (Publications, Films and Computer Games) Act 1995

Note 1

The Classification (Publications, Films and Computer Games) Act 1995 as shown in this compilation comprises Act No. 7, 1995 amended as indicated in the Tables below.

For cessation details of Part 10 see section 115.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Classification (Publications, Films and Computer Games) Act 1995

7, 1995

15 Mar 1995

Ss. 1 and 2: Royal Assent
Remainder: 1 Jan 1996 (see Gazette 1995, No. GN50)

 

Law and Justice Legislation Amendment Act 1997

34, 1997

17 Apr 1997

Schedule 2: Royal Assent (a)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 293–296): 5 Dec 1999 (see Gazette 1999, No. S584) (b)

Classification (Publications, Films and Computer Games) Amendment Act (No. 1) 2000

111, 2000

4 Sept 2000

4 Sept 2000

Classification (Publications, Films and Computer Games) Amendment Act (No. 1) 2001

13, 2001

22 Mar 2001

22 Mar 2002

Sch. 1 (item 57)

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

S. 4(1), (2) and Schedule 6: (c)

S. 4(1), (2)

Classification (Publications, Films and Computer Games) Amendment Act 2004

61, 2004

26 May 2004

Schedules 1 and 2: 26  May 2005
Remainder: Royal Assent

Sch. 1 (items
16–21)

Classification (Publications, Films and Computer Games) Amendment Act (No. 2) 2004

140, 2004

14 Dec 2004

14 Dec 2004

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

27, 2007

15 Mar 2007

Schedule 1 and Schedule 2 (items 1, 3–6,
10–13, 15, 19, 20, 26): 1 July 2007 (see F2007L01781)
Schedule 2 (items 7, 9, 14, 17, 18), Schedule 3 (items 7, 8) and Schedule 4 (items 10–14): 15 Mar 2008
Schedule 2 (items 16, 21–25) and Schedule 3 (items 1–6, 9–12): 15 Sept 2007
Remainder: Royal Assent

Sch. 1 (items
18–21), Sch. 2 (items
27–29), Sch. 3 (item 13) and Sch. 4 (items 2, 4, 13)

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007

128, 2007

17 Aug 2007

Ss. 3–5: Royal Assent
Schedule 1: 14 Sept 2007

S. 3
Ss. 4 and 5 (rep. by 93, 2010, Sch. 1 [item 1])

as amended by

 

 

 

 

Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010

93, 2010

29 June 2010

Schedule 1 (items 1, 4): 31 Dec 2010

Sch. 1 (item 4)

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

179, 2007

28 Sept 2007

29 Sept 2007

Sch. 1 (item 4)

Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008

26, 2008

23 June 2008

Schedule 1 (items 47–54): Royal Assent

Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008

69, 2008

1 July 2008

Schedule 1: 1 July 2009
Schedule 2: 1 Jan 2009
Remainder: Royal Assent

Sch. 1 (item 13) and Sch. 2 (item 5)

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Schedule 1 (item 7): Royal Assent
Schedule 5 (item 137(a)): (d)

Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010

93, 2010

29 June 2010

Schedule 4: 1 July 2010

National Security Legislation Amendment Act 2010

127, 2010

24 Nov 2010

Schedule 2 (item 1): 25 Nov 2010


(a)     The Classification (Publications, Films and Computer Games) Act 1995 was amended by Schedule 2 only of the Law and Justice Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(b)     The Classification (Publications, Films and Computer Games) Act 1995 was amended by Schedule 1 (items 293–296) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

(c)     The Classification (Publications, Films and Computer Games) Act 1995 was amended by Schedule 6 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

                 (1)   Subject to this section, this Act commences at the later of the following times:

                              (a)   immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

         Item 15 commenced on 24 May 2001.

(d)     Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010 provides as follows:

                 (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

31.  Schedule 5, items 1 to 51

The day this Act receives the Royal Assent.

1 March 2010

38.  Schedule 5, Parts 2 and 3

Immediately after the provision(s) covered by table item 31.

1 March 2010


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Part 1

 

S. 4......................................

am. No. 27, 2007

S. 5 .....................................

am. No. 34, 1997; No. 111, 2000; No. 13, 2001; No. 61, 2004; Nos. 27 and 179, 2007; No. 69, 2008; No. 8, 2010

S. 5A ...................................

ad. No. 13, 2001

S. 5B ...................................

ad. No. 13, 2001

 

am. No. 61, 2004; No. 69, 2008

S. 6A ...................................

ad. No. 24, 2001

Part 2

 

Division 1

 

S. 7 .....................................

am. No. 61, 2004

S. 8 .....................................

am. No. 13, 2001; No. 27, 2007

S. 8A....................................

ad. No. 27, 2007

Division 2

 

S. 9......................................

am. No. 179, 2007

S. 9A....................................

ad. No. 179, 2007

 

am. No. 127, 2010

S. 10 ...................................

am. No. 13, 2001

S. 13....................................

am. No. 111, 2000; No. 13, 2001

Note to s. 13.......................

ad. No. 111, 2000

S. 13A .................................

ad. No. 13, 2001

Subhead. to s. 14(1)...........

ad. No. 27, 2007

Subhead. to s. 14(4)...........

ad. No. 27, 2007

S. 14 ...................................

am. No. 34, 1997; No. 111, 2000; No. 13, 2001; No. 27, 2007

Note to s. 14(1)...................

ad. No. 111, 2000

S. 14A..................................

ad. No. 27, 2007

S. 14B..................................

ad. No. 69, 2008

S. 15....................................

am. No. 111, 2000; No. 13, 2001

Notes to s. 15(3), (4)..........

ad. No. 111, 2000

S. 16 ...................................

rs. No. 13, 2001

S. 17....................................

am. No. 111, 2000; No. 13, 2001; No. 61, 2004; No. 27, 2007

Note to s. 17(1)...................

ad. No. 111, 2000

Heading to s. 18 ................       

am. No. 13, 2001

Ss. 18, 19 ...........................

am. No. 13, 2001

Heading to s. 20 ................       

am. No. 13, 2001

S. 20 ...................................

am. No. 13, 2001; No. 61, 2004

Heading to s. 21 ................       

rs. No. 34, 1997

S. 21 ...................................

am. No. 34, 1997; No. 13, 2001; No. 27, 2007

S. 21A .................................

ad. No. 34, 1997

 

rs. No. 13, 2001

S. 21AA................................

ad. No. 27, 2007

S. 21AB................................

ad. No. 69, 2008

Heading to s. 22 ................       

am. No. 13, 2001

S. 22....................................

am. No. 111, 2000; No. 13, 2001; No. 69, 2008

S. 22A..................................

ad. No. 111, 2000

 

am. No. 13, 2001

Note to s. 22A.....................

ad. No. 111, 2000

S. 22B..................................

ad. No. 13, 2001

S. 22C..................................

ad. No. 140, 2004

 

am. No. 27, 2007

Division 2A

 

Div. 2A of Part 2..................

ad. No. 27, 2007

Subdivision A

 

Ss. 22D–22G.......................

ad. No. 27, 2007

Subdivision B

 

S. 22H..................................

ad. No. 27, 2007

S. 22J..................................

ad. No. 27, 2007

Division 3

 

Note to s. 23(4)...................

ad. No. 24, 2001

Division 3A

 

Div. 3A of Part 2..................

ad. No. 13, 2001

S. 23A..................................

ad. No. 13, 2001

Division 4

 

S. 24....................................

am. No. 13, 2001

Note to s. 24(4)...................

ad. No. 24, 2001

Division 5

 

S. 25....................................

am. No. 27, 2007

Subhead. to s. 26(1)...........

ad. No. 27, 2007

Subheads. to s. 26(3)–(5)..

ad. No. 27, 2007

S. 26....................................

am. No. 27, 2007

S. 27....................................

am. No. 111, 2000; No. 27, 2007

Notes to s. 27(2), (3)..........

ad. No. 111, 2000

Division 6

 

Div. 6 of Part 2....................

ad. No. 13, 2001

S. 28A..................................

ad. No. 13, 2001

 

am. No. 61, 2004

S. 28B..................................

ad. No. 13, 2001

S. 28C..................................

ad. No. 13, 2001

 

am. No. 61, 2004

Part 3

 

Heading to Part 3...............

rs. No. 69, 2008

Division 1

 

S. 29 ...................................

am. No. 34, 1997; No. 27, 2007; No. 69, 2008

S. 30....................................

am. No. 69, 2008

Note to s. 30(3)...................

ad. No. 24, 2001

Division 2

 

Div. 2 of Part 3....................

rs. No. 69, 2008

Subdivision A

 

S. 31....................................

rs. No. 69, 2008

Subdivision B

 

S. 32....................................

rs. No. 69, 2008

S. 33 ...................................

am. No. 61, 2004

 

rs. No. 69, 2008

Ss. 34, 35............................

rs. No. 69, 2008

Ss. 36, 37............................

rep. No. 69, 2008

Part 4

 

Ss. 38, 39............................

am. No. 13, 2001

Part 5

 

S. 42....................................

am. No. 13, 2001; No. 61, 2004; No. 69, 2008

S. 42A..................................

ad. No. 13, 2001

S. 44A..................................

ad. No. 13, 2001

 

am. No. 27, 2007

S. 44B..................................

ad. No. 140, 2004

 

am. No. 27, 2007

Part 6

 

Division 1

 

S. 47....................................

am. No. 27, 2007

Division 2

 

S. 52....................................

am. No. 27, 2007

S. 53....................................

am. No. 13, 2001; No. 27, 2007

Div. 3 of Part 6....................

rep. No. 27, 2007

S. 54....................................

am. No. 146, 1999

 

rep. No. 27, 2007

S. 55....................................

rep. No. 27, 2007

Division 5

 

S. 59....................................

am. No. 146, 1999; No. 27, 2007

S. 61....................................

am. No. 146, 1999

S. 65....................................

am. No. 26, 2008

S. 67....................................

rs. No. 27, 2007

Ss. 68, 69............................

rep. No. 27, 2007

S. 70....................................

am. No. 24, 2001

 

rep. No. 27, 2007

S. 71....................................

rep. No. 27, 2007

Part 7

 

Division 1

 

S. 73....................................

am. No. 27, 2007

Division 2

 

S. 77A..................................

ad. No. 27, 2007

Division 4

 

S. 79A..................................

ad. No. 27, 2007

S. 83....................................

am. No. 26, 2008

Part 8

 

S. 86....................................

am. No. 13, 2001

 

rep. No. 27, 2007

Subhead. to s. 87(1)...........

ad. No. 27, 2007

S. 87....................................

rs. No. 111, 2000

 

am. No. 27, 2007

Notes to s. 87(2), (3)..........

ad. No. 111, 2000

S. 87A..................................

ad. No. 111, 2000

 

am. No. 69, 2008

S. 87B..................................

ad. No. 27, 2007

S. 88A..................................

ad. No. 27, 2007

S. 89....................................

am. No. 27, 2007

Subhead. to s. 91(1)...........

ad. No. 27, 2007

Subhead. to s. 91(2)...........

ad. No. 27, 2007

S. 91....................................

am. No. 111, 2000; No. 13, 2001; No. 27, 2007; No. 8, 2010

Ss. 91A–91C.......................

ad. No. 111, 2000

S. 92A..................................

ad. No. 27, 2007

Subhead. to s. 93(1)...........

ad. No. 27, 2007

S. 93....................................

am. No. 27, 2007

Part 9

 

S. 94 ...................................

am. No. 34, 1997; No. 111, 2000

Heading to s. 95 ................       

rs. No. 27, 2007

S. 95....................................

am. No. 27, 2007

S. 97....................................

am. No. 69, 2008

S. 97A..................................

ad. No. 13, 2001

Part 10

 

Part 10.................................

ad. No. 128, 2007

Division 1

 

S. 98A..................................

ad. No. 93, 2010

S. 99....................................

ad. No. 128, 2007

 

am. No.  93, 2010

S. 100..................................

ad. No. 128, 2007

Ss. 100A–100C...................

ad. No. 93, 2010

Division 2

 

Ss. 101–105........................

ad. No. 128, 2007

Division 3

 

Ss. 106–111........................

ad. No. 128, 2007

Division 4

 

Ss. 112–115........................

ad. No. 128, 2007

Schedule.............................

rep. No. 61, 2004


Table A

Application, saving or transitional provisions

Classification (Publications, Films and Computer Games) Amendment Act (No. 1) 2001 (No. 13, 2001)

Schedule 1

57  Application of amendments

The amendments made by this Schedule (except the amendments made by items 16, 42, 49, 51, 52, 53 and 56) do not apply to:

                     (a)  a publication, film or computer game first published before the commencement of this Act; or

                     (b)  a publication, film or computer game for which an application for classification had been made before that commencement.

 

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4  Application of amendments

             (1)  Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Classification (Publications, Films and Computer Games) Amendment Act 2004 (No. 61, 2004)

Schedule 1

16  Application of amendments

(1)       The amendments made by this Schedule apply to the doing of things at or after the commencement of this Schedule.

(2)       The insertion of subsection 7(4) by item 6 of this Schedule does not affect the interpretation of section 7 of the Classification (Publications, Films and Computer Games) Act 1995 as in force before the inclusion of the subsection.

17  Conversion of certain pre‑commencement classifications of films to equivalent new classifications

If, just before this Schedule commenced, a film had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, the film is taken to have, and to have had at all times before this Schedule commenced when it had that classification, the classification of the type mentioned in column 3 of the table in relation to the item:

 

Film classifications

Column 1

Column 2

Column 3

Item

Former type of classification

New type of classification

1

MA

MA 15+

2

R

R 18+

3

X

X 18+

18  Conversion of certain pre‑commencement classifications of computer games to equivalent new classifications

If, just before this Schedule commences, a computer game had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, the computer game is taken to have, and to have had at all times before this Schedule commenced when it had that classification, the classification of the type mentioned in column 3 of the table in relation to the item:

 

Computer game classifications

Column 1

Column 2

Column 3

Item

Former type of classification

New type of classification

1

G (8+)

PG

2

M (15+)

M

3

MA (15+)

MA 15+

19  Amendments not to affect validity of pre‑commencement applications

The amendments made by this Schedule do not affect the validity, for the purposes of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, of any application made under that Act before the commencement of this Schedule.

20  Markings for classifications

(1)       After this Schedule commences, the Director may, under subsection 8(1) of the Classification (Publications, Films and Computer Games) Act 1995, determine:

                     (a)  markings for types of classifications that existed before the commencement of this Schedule; and

                     (b)  the manner in which the markings are to be displayed.

(2)       To avoid doubt, the Director may under subitem (1) determine:

                     (a)  a marking that is the same as a marking that the Director has determined for a type of classification that exists after this Schedule commences; and

                     (b)  a manner in which a marking is to be displayed that is the same as the manner in which a marking for a type of classification that exists after this Schedule commences is to be displayed.

21  Giving of certain documents referring to former types of classifications

(1)       To avoid doubt, if:

                     (a)  after the commencement of this Schedule, the Director is required under section 27 of the Classification (Publications, Films and Computer Games) Act 1995 to give a copy of a classification certificate or of a notice under section 26 of that Act; and

                     (b)  the classification certificate or notice was issued before the commencement of this Schedule and refers to a type of classification that, after the commencement of this Schedule, is no longer set out in section 7 of that Act;

the Director must give a copy of the classification certificate or notice that was issued, despite the certificate or notice referring to a type of classification that is no longer set out in section 7 of that Act.

(2)       To avoid doubt, if:

                     (a)  after the commencement of this Schedule, the Director is required under section 87 of the Classification (Publications, Films and Computer Games) Act 1995 to give a certificate about action taken, or not taken, under that Act; and

                     (b)  the certificate is required to refer to a type of classification that, after the commencement of this Schedule, is no longer set out in section 7 of that Act;

the Director must refer in the certificate to the type of classification, despite the type no longer being set out in section 7 of that Act.

 

Classification (Publications, Films and Computer Games) Amendment Act 2007 (No. 27, 2007)

Schedule 1

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.

Schedule 2

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 3

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 4

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.

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.

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.

 

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 (No. 128, 2007)

3  Northern Territory (Self‑Government) Act

                   Section 49 of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to the provisions of this Act.

 

Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Act 2007 (No. 179, 2007)

Schedule 1

4  Application

The amendments made by items 2 and 3 apply in relation to decisions made by the Board or Review Board on or after the commencement of this item.

 

Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (No. 69, 2008)

Schedule 1

13  Transitional regulations

(1)       The Governor‑General may make regulations providing for matters of a transitional nature in relation to the advertising of unclassified films that have been granted a certificate of exemption.

(2)       In this item:

certificate of exemption means a certificate of exemption granted by the Board under section 33 of the Classification (Publications, Films and Computer Games) Act 1995, as in force before its repeal by item 9 of this Schedule.

Schedule 2

5  Application of amendments

            The amendments made by this Schedule apply to applications for classification of films made on or after the commencement of this Schedule.

 

Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 (No. 93, 2010)

Schedule 1

4  Effect of repeal of sections of Acts by this Schedule

To avoid doubt:

                     (a)  the repeal of sections of an Act by this Schedule does not have retrospective effect; and

                     (b)  section 8 of the Acts Interpretation Act 1901 applies to the repeal (unaffected by any contrary intention).