Federal Register of Legislation - Australian Government

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Proclamations/Commencement of Act as made
This Proclamation provides for the commencement of Schedule 1 and items 1, 3-6, 10-12, 13, 15, 19, 20 and 26 of Part 1 of Schedule 2 to the Classification (Publications, Films and Computer Games) Amendment Act 2007.
Administered by: Attorney-General's
Registered 22 Jun 2007
Tabling HistoryDate
Tabled HR07-Aug-2007
Tabled Senate07-Aug-2007
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

EXPLANATORY STATEMENT

 

Issued by the Authority of the Attorney-General

 

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

 

Proclamation

 

The Classification (Publications, Films and Computer Games) Amendment Act 2007 (the Act) amended the Broadcasting Services Act 1992, Classification (Publications, Films and Computer Games) Act 1995 and the Freedom of Information Act 1982 to effect the integration of the Office of Film and Literature Classification (OFLC) into the Attorney-General's Department (AGD).  The amendments also reinforce the independence of the Classification Board and Classification Review Board, introduce an additional content assessor scheme, streamline the classification process and make other miscellaneous minor amendments.

 

Subsection 2(1) of the Act provides, in part, that the following provisions commence on a day to be fixed by Proclamation:

  • Schedule 1; and
  • Schedule 2, Part 1, items 1, 3-6, 10-12, 13, 15, 19, 20 and 26.

With the exception of items 3-6 in Part 1 of Schedule 2, if any of the nominated provisions did not commence within six months of the date the Act received Royal Assent, then those provisions would have commenced on the first day after the end of that six month period.  Items 3-6 in Part 1 of Schedule 2 would have commenced on the first day after the end of 12 months if they were not proclaimed earlier.  The Act received Royal Assent on 15 March 2007.

 

The purpose of the Proclamation is to fix 1 July 2007 as the day on which the provisions mentioned above commence.

 

Schedule 1 effects the integration of the OFLC into AGD.  The amendments also remove the Director’s financial powers and responsibilities for the administration of the OFLC and replace references to that agency in legislation with more appropriate references.  Staff from the AGD will support the Classification Board and Classification Review Board when executing their classification decision making functions.

 

Schedule 2 reinforces the independence of the Classification Board and Classification Review Board from each other by providing the existing office of Convenor of the Classification Review Board with powers to manage the administrative functions of the Classification Review Board that generally mirror those of the Director for the administration of the Classification Board.  However, not all Schedule 2 provisions are being proclaimed.  The relevant Schedule 2 provisions that would commence relate to:

  • the Convenor exercising classification related powers and functions conferred under an arrangement between the Commonwealth and the States or Northern Territory;
  • the Convenor’s powers to issue classification certificates for material classified by the Classification Review Board and written notices of a decision to the applicant and interested persons;
  • a person applying to the Director or Convenor for a copy of the classification certificate or written notice of decision;
  • the Director’s and Convenor’s powers to delegate powers to the Classification Board and Classification Review Board members and staff from the AGD;
  • judicial or other proceedings relating to a matter arising out of the management of the administrative affairs of the Classification Board and Classification Review Board, including anything done by the Director or Convenor, being instituted by or against the Commonwealth;
  • the Classification Review Board making decisions within a specified time; and
  • the service of notices on a person at an address last known to the Director or Convenor.

 

Other items in the Act, including the remaining items in Schedule 2 and provisions in Schedule 3 and 4 will be proclaimed at a later date, or if not proclaimed, will commence 6 or 12 months after Royal Assent.  This ensures sufficient time for the various administrative arrangements and required amendments to complementary State and Territory legislation to be instituted.

 

Consequential amendments have been made to the Financial Management and Accountability Regulations 1997 and Privacy (Private Sector) Regulations 2001 were made and come into effect at the same time as the integration provisions in Schedule 1 to the Act.

 

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Classification Board and Classification Review Board were consulted on the Proclamation date.  Further consultation is unnecessary for this legislative instrument as this instrument is of a machinery nature only.