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Other as amended, taking into account amendments up to Classification (Publications, Films and Computer Games) (Modifications of Films) Amendment Instrument 2018
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 20 Feb 2018
Start Date 25 Jan 2018
Table of contents.

 

Commonwealth Coat of Arms

Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015

made under paragraph 20A(2)(e) and subsection 21(3) of the

Classification (Publications, Films and Computer Games) Act 1995

Compilation No. 1     

Compilation date:                              25 January 2018

Includes amendments up to:            F2018L00055

 

About this compilation

 

This compilation

This is a compilation of the Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015 that shows the text of the law as amended and in force on 25 January 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  



1               Name         

                This instrument is the Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015.

2               Commencement

                This instrument commences on the day it is registered.

3               Definitions

                In this instrument:

Act means the Classification (Publications, Films and Computer Games) Act 1995.

 

original film means a film before it is subject to the modification concerned.

Note:                For the meaning of Board, classified and film see section 5 of the Act.

4               Prescribed films modifications

 

Modifications of unclassified films that are later classified

(1)   For the purposes of paragraph 20A(2)(e) of the Act—modifications of a kind prescribed under section 5 are covered by subsection 20A(2) of the Act.

Note 1:   If a film is modified and is classified in unmodified form at a later time, and the modification is of a kind covered by subsection 20A(2) of the Act, the modified film is taken from that later time to have the same classification as the classified film.

 

Note 2:   Section 20A of the Act applies in relation to films classified on or after 1 January 2013, regardless of when the film was modified.

 

Classified films that are later modified

 

(2)   For the purposes of subsection 21(3) of the Act—subsection 21(1) of the Act does not apply to modifications of a kind prescribed under section 5.

Note 1:   If a classified film is modified, the modified film becomes unclassified when the modification occurs, except if subsections 21(2) or (3) of the Act applies.

 

Note 2:   Section 21 of the Act applies in relation to films classified on or after 1 January 2013.

5               Rule for modifications of films

(1) Subject to subsection (2), a modification to a film is prescribed by this subsection if the modification consists of:

 

                                     (a)    a black and white film that has been changed to colour in full or in part (or vice versa); or

                                    (b)    a film in analogue format that has been converted to a digital format (or vice versa); or

                                     (c)    any other format change; or

                                    (d)    colour grading, visual effects or audio level changes; or

                                     (e)    omitting footage or audio present in the original film.

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

(a) adds any footage, or audio not included in the original film; or

 

(c) is likely to cause the film, as modified, to be given a different classification to the original film.

 

Note:      Subsection 5(2) does not affect the operation of modifications covered by paragraphs 20A(2)(a), (b), (c) or (d), or 21(2)(a), (b), (ba), (c), or (d) of the Act.

6          Rule does not prevent classification of modified films

(1)   Section 5 does not apply to a modified film if:

                                     (a)            an application to classify a modified film has been made to the Board; or

                                    (b)            an approved classification tool is used to produce a decision for the film as modified and the decision would be taken to be a decision of the Board but for the operation of section 5.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 


 

 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015

1 July 2015

(F2015L01079)

1 July 2015 (s 2)

 

Classification (Publications, Films and Computer Games) (Modifications of Films) Amendment Instrument 2018

24 January 2018

(F2018L00055)

25 January 2018 (s 2)

___

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 5………………………….

am F2018L00055