Classification (Publications, Films and Computer Games) Regulations 2005

Select Legislative Instrument 2005 No. 264 as amended

made under the

Classification (Publications, Films and Computer Games) Act 1995

This compilation was prepared on 1 July 2009
taking into account amendments up to SLI 2009 No. 123

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

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement 

 3 Repeal and transitional 

 4 Interpretation 

 5 Fee for classification of publication 

 6 Fee for declaration that classification applies to future issues of publication             

 7 Fee for classification of film 

 8 Fee for classification of computer game 

 9 Priority processing 

 10 Fee for certain information 

 11 Fee for certificate that film or computer game is exempt 

 12 Fee for approval of advertisement 

 13 Fee for assessment of likely classification of unclassified film or computer game             

 14 Fee for review of decision 

 15 Partial refund of fee for application for classification 

 16 Partial refund of fee for application for review 

 17 Fee for withdrawal of application for classification for which priority processing fee has been paid             

 17A Maximum number of members 

 18 Fee for issue of certificate 

 19 When certain fees are reduced or not payable 

 20 Calculation of period within which Board is to make decision (Act s 87A)             

 21 Period within which the Review Board is to make a decision (Act s 87B)             

 22 Advertising of unclassified films and unclassified computer games — transitional             

Schedule 1 Fees 

Part 1 Fee for classification of a publication 

Division 1 Publications 

Division 2 Other 

Part 2 Fee for classification of a film for public exhibition 

Division 1 New application 

Division 2 Other 

Part 3 Fee for classification of a film other than a film for public exhibition             

Division 1 New application 

Division 1A Applications for classification of previously classified or certified exempt films with extra content not lodged under the Additional Content Assessor Scheme             

Division 2 Other 

Division 3 Priority processing 

Part 4 Fee for classification of a computer game 

Division 1 Computer game application types 

Division 2 Computer game for which demonstration required or accepted             

Division 3 Other 

Division 4 Priority processing 

Part 5 Fee for information 

Part 6 Fee for exempt film or exempt computer game certificate 

Division 1 Film for public exhibition 

Division 2 Film other than a film for public exhibition 

Division 3 Demonstration required or accepted 

Division 4 Demonstration not required or accepted 

Part 7 Fee for evidentiary certificate under section 87 of Act 

Part 8 Other fees 

Notes   

1 Name of Regulations [see Note 1]

  These Regulations are the Classification (Publications, Films and Computer Games) Regulations 2005.

2 Commencement

  These Regulations commence on 1 December 2005.

3 Repeal and transitional

 (1) The Classification (Publications, Films and Computer Games) Regulations are repealed.

 (2) Despite the repeal by these Regulations of regulation 12 of the Classification (Publications, Films and Computer Games) Regulations, that regulation as in force immediately before 1 December 2005 continues to apply until 31 December 2005 in relation to eligible documents within the meaning of that regulation.

4 Interpretation

 (1) In these Regulations:

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

Assessed Computer Game — Level 1, in relation to an application for classification of a computer game, means an application that:

 (a) is accompanied by an assessment of the game by an authorised person that indicates that the game should be given a classification other than G, PG or M; and

 (b) is not an Assessed Computer Game — Level 2 application.

Assessed Computer Game — Level 2, in relation to an application for classification of a computer game, means an application that:

 (a) is accompanied by an assessment of the game by an authorised person that indicates that the game should be given a classification other than G, PG or M; and

 (b) if subsection 17 (2) of the Act applies — satisfies that subsection by means of paragraph 17 (2) (b) of the Act; and

 (c) is accompanied by a separate recording of the game that displays typical game play.

Assessed Computer Game — Level 3, in relation to an application for classification of a computer game, means an application that is accompanied by an assessment of the game by an authorised person that indicates that the game should be given a classification of G, PG or M.

authorised person means a person authorised for subsection 17 (3) of the Act.

Computer Game — Level 1, in relation to an application for classification of a computer game, means an application that:

 (a) is not accompanied by an assessment of the game by an authorised person; and

 (b) is not a Computer Game — Level 2 application.

Computer Game — Level 2, in relation to an application for classification of a computer game, means an application that:

 (a) is not accompanied by an assessment of the game by an authorised person; and

 (b) if subsection 17 (2) of the Act applies — satisfies that subsection by means of paragraph 17 (2) (b) of the Act; and

 (c) is accompanied by a separate recording of the game that displays typical game play.

Demonstrated Computer Game Level, in relation to an application for classification of, or a certificate in relation to, a computer game, means an application:

 (a) that, under subsection 19 (2) or 28A (4) of the Act, is required to be demonstrated; or

 (b) in respect of which the applicant has proposed, and the Board has accepted, that a demonstration before the Board be performed.

running time, in relation to a film, means the audio or visual content of a film measured in elapsed time from the first sound or image to the final sound or image.

State or Territory includes an authority of a State or Territory.

 (2) A reference to revised publication is a reference to the alteration of a publication that has been classified by the subsequent replacement of any part of the content in respect of which the publication was classified.

 (3) A reference to title change is a reference to the alteration of a film, publication or computer game that has been classified by the subsequent replacement of the title under which the film, publication or computer game was classified.

5 Fee for classification of publication

 (1) For subparagraph 13 (1) (d) (i) and subsection 22A (2) of the Act, and subject to regulation 19, the fee in respect of a publication that, in relation to its number of pages, is specified in column 2 of an item in Part 1 of Schedule 1 is the amount prescribed in column 3 of the item.

 (2) For subparagraph 13 (1) (d) (i) of the Act, the fee in respect of a publication that:

 (a) is a revised publication; or

 (b) has undergone a title change;

is the amount prescribed in column 3 of the item in Part 1 of Schedule 1 that applies to the publication.

6 Fee for declaration that classification applies to future issues of publication

  For subsections 13 (3) and 22A (2) of the Act, and subject to regulation 19, the fee in respect of a declaration that the classification for an original issue of a periodical applies to one or more future issues is the amount prescribed in column 3 of item 1 in Part 8 of Schedule 1.

Note   For classification of original and future issues of periodicals, see Classification (Serial Publications) Principles 2005.

7 Fee for classification of film

 (1) For subparagraph 14 (1) (d) (i) and subsection 22A (2) of the Act, and subject to regulation 19:

 (a) the fee in respect of a film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 2 of Schedule 1, is the amount prescribed in column 3 of the item; and

 (b) the fee in respect of a film for public exhibition that has undergone a title change is the amount prescribed in column 3 of the item in Part 2 of Schedule 1 that applies to the film; and

 (ba) the fee for a film, other than a film for public exhibition, is the amount mentioned in item 1A in Division 1 of Part 3 of Schedule 1 if the film is:

 (i) a television series film; and

 (ii) submitted with an assessment of the film by an authorised television series assessor; and

 (c) the fee for a film, other than a film for public exhibition or a film to which paragraph (d), (e), (f) or (g) or subregulation (1B) applies, is the amount mentioned in an item in Part 3 of Schedule 1 for a film of the running time mentioned in the item; and

 (d) the fee in respect of a film other than a film for public exhibition that has undergone a title change is the amount prescribed in column 3 of the item in Part 3 of Schedule 1 that applies to the film; and

 (e) the fee for a film, other than a film for public exhibition, consisting of 1 or more classified films or certified exempt films and additional content, submitted with an assessment of the additional content by an additional content assessor, is the amount mentioned in item 2 of Division 2 of Part 3 of Schedule 1; and

 (f) the fee for a film, other than a film for public exhibition, consisting of 1 or more non‑certified exempt films and additional content, submitted with an assessment of the additional content by an additional content assessor, is the sum of:

 (i) the amount mentioned in Division 1 of Part 3 of Schedule 1 for the duration of the non‑certified exempt film or films; and

 (ii)  the amount mentioned in item 3 of Division 2 of Part 3 of Schedule 1; and

 (g) the fee for a film, other than a film for public exhibition, consisting of 1 or more classified films or certified exempt films, or any combination of classified films and certified exempt films, and 1 or more non‑certified exempt films, and additional content, submitted with an assessment of the additional content by an additional content assessor, is the sum of:

 (i) the amount mentioned in Division 1 of Part 3 of Schedule 1 for the duration of the non‑certified exempt film or films; and

 (ii) the amount mentioned in item 3 of Division 2 of Part 3 of Schedule 1.

 (1A) For subparagraph 14 (1) (d) (i) and subsection 22A (2) of the Act, and subject to regulation 19, the fee for a film mentioned in subregulation (1B) is the amount mentioned in an item in Division 1A of Part 3 of Schedule 1 for a film with the duration of extra content mentioned in the item.

 (1B) For subregulation (1A), the film is a film, other than a film for public exhibition, that:

 (a) comprises 1 or more classified films or certified exempt films; and

 (b) has extra content not submitted with an assessment of additional content by an additional content assessor.

 (1C) In subregulation (1A):

duration of extra content means the running time of the whole film minus the running time of the classified film or certified exempt film.

Note   If a film comprises 1 or more classified films and certified exempt films, the running time of both types of films are to be deducted from the running time of the whole film when calculating a fee under subregulation 7 (1A).

 (2) In this regulation:

certified exempt film means a film for which a certificate has been issued under Division 6 of Part 2 of the Act.

non‑certified exempt film means an exempt film for which a certificate has not been issued under Division 6 of Part 2 of the Act.

8 Fee for classification of computer game

  For paragraph 17 (1) (d) and subsection 22A (2) of the Act, and subject to regulation 19:

 (a) the fee in respect of a category of computer game specified in column 2 of an item in Part 4 of Schedule 1 is the amount prescribed in column 3 of the item; and

 (b) the fee in respect of a computer game that has undergone a title change is the amount prescribed in column 3 of the item in Part 4 of Schedule 1 that applies to the computer game.

9 Priority processing

 (1) Subregulations (2) and (3) apply to an application under section 14 of the Act for classification of a film, other than a film for public exhibition, if it is accompanied by:

 (a) the priority processing fee mentioned in Division 3 of Part 3 of Schedule 1; and

 (b) the applicable fee for classification of the film mentioned in Part 3 of Schedule 1.

 (1A) Subregulations (2) and (3) apply to an application under section 17 of the Act for classification of a computer game if it is accompanied by:

 (a) the applicable fee for classification of the computer game mentioned in Part 4 of Schedule 1; and

 (b) the priority processing fee mentioned in Division 4 of Part 4 of Schedule 1.

 (2) The Board must:

 (a) classify, or refuse to classify, the film or computer game; or

 (b) determine that the film or computer game is, or is not, an exempt film or game;

within 5 business days after receiving all the material required to enable classification (or exemption).

 (3) An amount equal to the priority processing fee paid must be returned to the applicant if subregulation (2) is not complied with.

Note   Subsection 26 (4) of the Act sets out when notice of a decision must be given to an applicant.

10 Fee for certain information

  For section 27 of the Act, and subject to regulation 19, the fee for information of a kind specified in column 2 of an item in Part 5 of Schedule 1 is the amount prescribed in column 3 of the item.

11 Fee for certificate that film or computer game is exempt

  For subparagraph 28A (2) (c) (i) of the Act:

 (a) the fee in respect of an unclassified film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item; and

 (b) the fee in respect of an unclassified film other than a film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item; and

 (c) the fee in respect of a category of computer game specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item.

12 Fee for approval of advertisement

  For paragraph 29 (2) (d) of the Act, the fee for an application for approval of an advertisement is the amount prescribed in column 3 of item 2 in Part 8 of Schedule 1.

13 Fee for assessment of likely classification of unclassified film or computer game

  For paragraph 32 (2) (f) of the Act, the fee for the assessment of the likely classification of an unclassified film or an unclassified computer game is the amount mentioned in column 3 of item 3 in Part 8 of Schedule 1.

14 Fee for review of decision

  For paragraph 43 (1) (d) of the Act, the fee for review of a decision is the amount prescribed in column 3 of item 4 in Part 8 of Schedule 1.

15 Partial refund of fee for application for classification

 (1) If an applicant for classification of a publication, film or computer game withdraws the application before a decision has been made by the Board in relation to the application, the applicant may apply to the Director for a partial refund of the application fee paid.

Note   Regulation 17 applies in relation to an application, for classification of a film other than a film for public exhibition or of a computer game, that is withdrawn by an applicant who has paid the fee and the priority processing fee in relation to the application.

 (2) An application for partial refund of an application fee must:

 (a) be in writing; and

 (b) state the date on which the application for classification was made; and

 (c) be made in a form acceptable to the Director.

 (3) In determining the amount of the fee to be refunded (if any), the Director must have regard to the following:

 (a) if the application for refund was made no later than 2 business days after the application for classification was made — the applicant is entitled to a full refund of the amount of the fee paid;

 (b) if the application for refund was made in the period commencing 3 business days after the application for classification was made and ending at the end of 5 business days after the application for classification was made — the Director is entitled to retain $120 of the amount of the fee paid;

 (c) if the application for refund was made 6 business days, or later, after the application for classification was made, and the Board has not made a decision in respect of that application for classification — the Director is entitled to retain $280 of the amount of the fee paid;

 (d) in any other case — the applicant is not entitled to a refund of the amount of the fee paid.

 (4) Within 28 days after receiving an application for refund, the Director must:

 (a) determine the amount of the fee to be refunded to the applicant; and

 (b) give written notice of the decision to the applicant.

16 Partial refund of fee for application for review

 (1) This regulation applies in relation to an application for review made under subsection 42 (1) of the Act.

 (2) An applicant under paragraph 42 (1) (b), (c) or (d) of the Act who decides to withdraw a review application may apply to the Convenor for a partial refund of the review fee paid by the applicant.

 (3) An application for partial refund of a review fee must:

 (a) be in writing; and

 (b) state the date on which the application for classification was made; and

 (c) be made in a form acceptable to the  Convenor.

 (4) In determining the amount of the review fee to be refunded, the Convenor must have regard to the following:

 (a) if the application for refund was made no later than 2 business days after the application for review of a decision was made — the amount of the fee that the Convenor is entitled to retain is $1 600;

 (b) if:

 (i) the application for refund was made 3 business days, or later, after the application for review of a decision was made; and

 (ii) the Review Board has not completely dealt with the application for review;

  the amount of the fee that the Convenor is entitled to retain is $4 000;

 (c) in any other case — the applicant is not entitled to a refund of the amount of the fee paid.

 (5) Within 28 days after receiving an application for refund, the Convenor must:

 (a) determine the amount of the review fee to be refunded to the applicant; and

 (b) give written notice of the decision to the applicant.

17 Fee for withdrawal of application for classification for which priority processing fee has been paid

 (1) This regulation applies in relation to an application for classification of one of the following items that is accompanied by the priority processing fee prescribed, as applicable, by Part 3 or Part 4 of Schedule 1:

 (a) a film other than a film for public exhibition;

 (b) a film, other than a film for public exhibition, that has undergone a title change;

 (c) a computer game;

 (d) a computer game that has undergone a title change.

Note   Paragraphs 7 (c) and (d) and regulation 8 set out the prescribed fees in relation to the items mentioned in paragraphs (a) to (d).

 (2) If the applicant elects to withdraw that application before a decision has been made by the Board in relation to the application, the applicant must tell the Director, in writing, of the election.

 (3) An applicant making an election to withdraw may apply to the Director for a partial refund of the application for classification fee paid, but the applicant is not entitled to a refund of the priority processing fee paid.

 (4) An application for a partial refund must:

 (a) be in writing; and

 (b) state the date on which the application for classification was made; and

 (c) be in a form acceptable to the Director.

 (5) In determining the amount of the fee to be refunded, the Director must take into account that the amount of the fee that the Director is entitled to retain is $300.

 (6) Within 28 days after receiving an application for refund, the Director must:

 (a) determine the amount of the fee to be refunded to the applicant; and

 (b) give written notice of the decision to the applicant.

17A Maximum number of members

  For section 47 of the Act, the maximum number of members is 30.

18 Fee for issue of certificate

  For section 87 of the Act, and subject to regulation 19, the fee for a certificate specified in column 2 of an item in Part 7 of Schedule 1 is the amount prescribed in column 3 of the item.

19 When certain fees are reduced or not payable

 (1) In this regulation:

eligible document means:

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

 (b) a copy of a classification certificate or of a notice under section 26 of the Act; or

 (c) a certificate issued under section 87 of the Act.

 (2) The fee for an eligible document is not payable by a State or Territory in a calendar year, if:

 (a) the eligible document is requested by the State or Territory in relation to enforcement of a law of the State or Territory that complements the Act for the purposes of the scheme referred to in section 3 of the Act; and

 (b) this subregulation has not applied previously in that calendar year in relation to the State or Territory to more than 100 eligible documents.

 (3) If subregulation (2) has applied in a calendar year in relation to a State or Territory to 100 eligible documents, the fee payable by the State or Territory for an eligible document that:

 (a) is of a kind referred to in paragraphs (a) or (b) of the definition of eligible document; and

 (b) relates to enforcement of a law of the State or Territory to which paragraph (2) (a) refers; and

 (c) is issued later in that calendar year;

is 50% of the relevant fee prescribed in regulation 5, 7, 8 or 10 as the case requires.

 (4) If subregulation (2) has applied in a calendar year in relation to a State or Territory to 100 eligible documents, the fee payable by the State or Territory for an eligible document that:

 (a) is of the kind referred to in paragraph (c) of the definition of eligible document; and

 (b) relates to enforcement of a law of the State or Territory to which paragraph (2) (a) refers; and

 (c) is issued later in that calendar year;

is the relevant fee prescribed in regulation 18.

20 Calculation of period within which Board is to make decision (Act s 87A)

 (1) For subsection 87A (1) of the Act, the period runs from the start of the first business day after the day when staff assisting the Board make a recommendation that an application is complete because the application satisfies the requirements of section 13, 14, 17 or 29 of the Act.

 (2) The period does not include any period:

 (a) commencing on a day when the Board requests any of the following:

 (i) expert, technical or other advice or information;

 (ii) rectification of a copy of a publication, film, computer game or advertisement; and

 (b) ending at the start of the business day after the Board receives a complete response to the request.

 (3) The period also does not include any period:

 (a) commencing on a day when the Board finds that the application does not meet the requirements of section 13, 14, 17 or 29 of the Act; and

 (b) ending at the start of the business day after the Board determines that the application does meet the requirements of sections 13, 14, 17 and 29 of the Act.

21 Period within which the Review Board is to make a decision (Act s 87B)

 (1) For subsection 87B (1) of the Act, the period is:

 (a) if the Convenor considers the application to be sufficiently complex that it is not likely to be completed within 20 business days — 40 business days; or

 (b) in any other case — 20 business days.

 (2) Without limiting subregulation (1), the Convenor may be satisfied that an application is complex if:

 (a) the application deals with a computer game; or

 (b) the publication, film, computer game or advertisement under review has the potential to promote, incite or instruct in a matter of crime or violence; or

 (c) the original application was an enforcement application made under section 22A of the Act; or

 (d) the Review Board is considering at least 2 applications covering similar subject matter at the same time; or

 (e) the Convenor agrees to accept submissions from a person other than the applicant for review or the applicant for the original application; or

 (f) at least 2 applicants apply for a review of the same publication, film, computer game or advertisement.

 (3) On written application by the applicant for review and the applicant for the original application, the Review Board may extend the time mentioned in paragraph (1) (b) up to 40 business days.

 (4) For subsection 87B (1) of the Act, the period runs from the start of the first business day after the Review Board:

 (a) decides that an application for review satisfies the requirements of Part 5 of the Act; and

 (b) receives a copy of the publication, film, computer game or advertisement for the purpose of review.

 (5) The period does not include any period:

 (a) commencing on a day when the Review Board:

 (i) receives a written request mentioned in subregulation (3); or

 (ii) requests expert, technical or other advice or information; and

 (b) ending at the start of the business day:

 (i) after the Review Board makes a decision under subregulation (3); or

 (ii) after the Review Board receives a complete response to the request.

22 Advertising of unclassified films and unclassified computer games — transitional

 (1) For this regulation:

exempt film means a film granted a certificate of exemption  under the Classification (Advertising for Unclassified Films) Instrument 2005 before 1 July 2009.

new scheme means the scheme established by the Classification (Advertising of Unclassified Films and Computer Games Scheme) Determination 2009.

previous scheme means the scheme established by the Classification (Advertising for Unclassified Films) Instrument 2005.

 (2) On or after 1 July 2009, a film that was an exempt film under the previous scheme:

 (a) may be advertised, or continue to be advertised, in accordance with the previous scheme; or

 (b) may be advertised in accordance with the new scheme.

Schedule 1 Fees

Part 1 Fee for classification of a publication

(regulation 5)

Division 1 Publications

Division 2 Other

Part 2 Fee for classification of a film for public exhibition

(paragraphs 7 (1) (a) and (b))

Division 1 New application

Division 2 Other

Part 3 Fee for classification of a film other than a film for public exhibition

(paragraphs 7 (1) (ba) to (g) and subregulations 7 (1A) and 9 (1))

Division 1 New application

Division 1A Applications for classification of previously classified or certified exempt films with extra content not lodged under the Additional Content Assessor Scheme

Note   Duration of extra content is defined in subregulation 7 (1C).

Division 2 Other

Division 3 Priority processing

Part 4 Fee for classification of a computer game

(regulation 8 and subregulation 9 (1A))

Division 1 Computer game application types

Division 2 Computer game for which demonstration required or accepted

Division 3 Other

Division 4 Priority processing

Part 5 Fee for information

(regulation 10)

Part 6 Fee for exempt film or exempt computer game certificate

(regulation 11)

Division 1 Film for public exhibition

Division 2 Film other than a film for public exhibition

Division 3 Demonstration required or accepted

Division 4 Demonstration not required or accepted

Part 7 Fee for evidentiary certificate under section 87 of Act

(regulation 18)

Part 8 Other fees

(regulations 6, 12, 13 and 14)

Notes to the Classification (Publications, Films and Computer Games) Regulations 2005

Note 1

The Classification (Publications, Films and Computer Games) Regulations 2005 (in force under the Classification (Publications, Films and Computer Games) Act 1995) as shown in this compilation comprise Select Legislative Instrument 2005 No. 264 amended as indicated in the Tables below.

Table of Instruments

Table of Amendments