Federal Register of Legislation - Australian Government

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Other as made
This instrument amends the Classification (Advertising for Unclassified Films) Instrument 2005 by amending the long exemption message box reflecting the Government decision to integrate the Office of Film and Literature Classification (OFLC) into the Attorney-General’s Department and provides for an increase in the maximum number of exemptions that may be granted, from 110 to 136 per calendar year.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(1)
Registered 29 Jun 2007
Tabling HistoryDate
Tabled HR07-Aug-2007
Tabled Senate07-Aug-2007
Date of repeal 01 Jul 2009
Repealed by Classification (Advertising of Unclassified Films and Computer Games Scheme) Determination 2009

EXPLANATORY STATEMENT

 

ISSUED BY THE ATTORNEY-GENERAL

 

CLASSIFICATION (ADVERTISING FOR UNCLASSIFIED FILMS) AMENDMENT INSTRUMENT 2007 (NO.1)

 

 

The Classification (Publications, Films and Computer Games) Act 1995 (the Act) facilitates the operation of the intergovernmental co-operative legislative scheme for censorship in Australia. The Act provides for the classification of films, computer games and some publications.  

 

Authority for making the Instrument

State and Territory legislation prohibits the advertising of unclassified films. However, the Classification Board may grant an exemption to an eligible film which allows it to be advertised before classification. Section 33 of the Act allows the Minister to determine the maximum number of advertising exemptions the Classification Board can grant in a calendar year to eligible films. 

 

Purpose of the Instrument

The Classification (Advertising for Unclassified Films) Instrument 2005 (the 2005 Instrument) allows the public exhibition film industry a limited ability to market their upcoming, unclassified product, while providing exemption and classification information to consumers.

 

The 2005 Instrument requires various messages to be displayed on advertising for films which have been granted an exemption. This Instrument amends the 2005 Instrument by amending the long exemption message box reflecting the Government decision to integrate the Office of Film and Literature Classification (OFLC) into the Attorney‑General’s Department.

 

This Instrument also provides for an increase in the maximum number of exemptions that may be granted, from 110 to 136 per calendar year.

 

Issues giving rise to the need for the Instrument

The 2005 Instrument allocates quotas for exemptions to several named distributors and a quota to independents.  Structural changes in the industry mean some changes to these quotas are required. 

Universal Pictures International Australasia has split from United International Pictures and will distribute films in its own right from 1 July 2007.  The amendments add an allocation of advertising exemptions for the newly created Universal Pictures.  

 

In addition, changes in the industry have led to greater demand for exemptions for independent distributors of cinema release films.  The amendments provide for a moderate increase in the quota of advertising exemptions allocated to independent distributors.

 

It is already a requirement that all advertising for eligible films must display the eligible films message. Both old and new eligible films Instruments have this condition.

 

Legislation currently before the Parliament would replace the advertising exemption scheme with a new scheme. The changes in this Instrument are intended to ensure the current scheme reflects operational requirements in the meantime.

 

The Attorney-General’s Department has met the costs of the new exemption message artwork.

 

State and Territory Censorship Ministers, the Motion Picture Distributors Association of Australia, Paramount Pictures and Universal Pictures International Australasia have been consulted.

 

Transitional arrangements

This Instrument commences on 1 July 2007. The Instrument amends the Classification (Advertising for Unclassified Films) Instrument 2005 (2005 Instrument). The Instrument is prospective in operation and includes a transitional period of six months. This will allow distributors to use any existing stocks before displaying the new message box.

 

The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA). In accordance with sections 44(1) and 55(1) of the LIA, the Instrument is not subject to disallowance or sunsetting.

 

The Hon Philip Ruddock MP

ATTORNEY-GENERAL