Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014

made under section 8 of the

Classification (Publications, Films and Computer Games)Act 1995

Compilation No. 1

Compilation date:    9 December 2015

Includes amendments up to: Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2015

Registered:    14 January 2016

About this compilation

This compilation

This is a compilation of the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014 that shows the text of the law as amended and in force on 9 December 2015 (the compilation date).

This compilation was prepared on 13 January 2016.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

4 Transitional

5 Objective

6 Application

7 Definitions

Part 2—Markings for films and computer games

8 Markings for films and computer games

Part 3—Display of markings for publications, films and computer games

Division 1—General

9 Display of markings and consumer advice

10 Placement of markings

11 Visibility of markings

12 Format and proportion of markings

Division 2—Requirements for display of markings

13 Display of markings for publications, films and computer games

14 Compliance with Advertising Determination

15 Display of markings for an advertisement for a classified film or computer game

16 Display of markings for an advertisement for a classified publication

17 Cross promotions

Part 4 —Further transitional provisions

18 Limited exemption to 15(1)(c) where person incapable of adding content to an advertisement on a screen

19 Expiry of this Part

Part 4—Further transitional provisions

18 Limited exemption to 15(1)(c) where person incapable of adding content to an advertisement on a screen

19 Expiry of this Part

Schedule 1—Markings for films and computer games

Part 1—Interpretation

1.01 Meaning of markings required under paragraph 13(1)(a)

1.02 Indicated markings do not include black background

1.03 Colour of classification symbol boxes and classification description boxes not displayed on screens

1.04 Colour of classification symbol boxes and classification description boxes displayed on screens

1.05 Font for classification symbol

1.06 Font for text in consumer advice boxes and classification description boxes

Part 2—Classification characters, symbols and descriptions

Part 3—Classification symbol boxes and classification description boxes

Part 4—Alternative classification symbol boxes — MA 15+ and R 18+

Part 5—Examples of combination boxes

Division 5.1—2 lines of consumer advice

Division 5.2—3 or 4 lines of consumer advice

Division 5.3—5 lines of consumer advice

Schedule 2—Markings for publications

Part 1—Interpretation

1.01 Indicated markings do not include black background

Part 2—Markings

Schedule 3—Classification legislation in force before 1 January 1996

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This determination is the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014.

4  Transitional

 (1) A film or computer game that was classified before the day this determination commences complies with the markings determined for that film or computer game if its markings, and the manner in which the markings are displayed, are in accordance with:

 (a) this determination; or

 (b) for a film or computer game classified on or after 1 July 2007 — the Classification (Markings for Films and Computer Games) Determination 2007; or

 (c) for a film or computer game classified on or after 26 May 2005 — the Classification (Markings for Films and Computer Games) Determination 2005; or

 (d) for a film or computer game classified on or after 1 January 1996 — the determination under section 8 of the Act that applied on the day the film or computer game was classified; or

 (e) for a film or computer game classified before 1 January 1996 — the legislation (Commonwealth, State or Territory) that applied on the day the film or computer game was classified.

 (2)  A publication that was classified before 11 December 2014 complies with the markings determined for that publication if its markings, and the manner in which the markings are displayed, are in accordance with:

 (a) this determination; or

 (b) for a publication classified on or after 1 January  2008:

 (i)  the Classification (Markings for Publications) Determination 2007 as in force on 1 July 2007; or

 (ii) the Classification (Markings for Publications) Determination 2007 as in force on 1 February 2008; or

 (c) for a publication classified on or after 1 September 1999:

 (i)  the Classification (Markings for Publications) Determination 2007 as in force on 1 July 2007; or

 (ii) the Classification (Markings for Publications) Determination 2007 as in force on 1 February 2008; or

 (iii)  the Determination of Markings for Publications, made under section 8 of the Act on 18 August 1999; or

 (d) for a publication classified on or after 31 October 1996 — the determined markings published in the Commonwealth of Australia Gazette No. GN 38 dated 25 September 1996.

Note: Schedule 3 lists classification legislation that was in force before 1 January 1996.

5  Objective

  The objective of this determination is to ensure that consumers have ready access to clear classification information to inform their choices about publications, films and computer games.

6  Application

  This determination applies in relation to publications, films and computer games classified on or after 11 December 2014.

Note: Complementary classification enforcement laws may include requirements concerning the display of classification markings and consumer advice relating to classified publications, films and computer games.

7  Definitions

  In this determination:

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

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

classification means:

 (a) for a publication — a classification mentioned in subsection 7(1) of the Act; and

 (b) for a film — a classification mentioned in subsection 7(2) of the Act; and

 (c) for a computer game — a classification mentioned in subsection 7(3) of the Act;

classification character, for a classification mentioned in an item in Part 2 of Schedule 1, means the character set out in column 3 of the item.

classification description, for a classification mentioned in an item in Part 2 of Schedule 1, means the description set out in column 5 of the item.

classification description box, for a classification mentioned in an item in Part 3 of Schedule 1, means the 2‑dimensional box set out in column 6 of the item.

classification symbol, for a classification mentioned in an item in Part 2 of Schedule 1, means the symbol set out in column 4 of the item.

classification symbol box, for a classification mentioned in an item in Part 3 of Schedule 1, means any of the:

 (a) classification symbol square; and

 (b) classification symbol rectangle; and

 (c) classification symbol rectangle component;

applicable to the item.

classification symbol rectangle, for a classification mentioned in an item in Part 3 of Schedule 1, means the rectangle set out in column 4 of the item.

classification symbol rectangle component, for a classification mentioned in an item in Part 3 of Schedule 1, means the rectangle set out in column 5 of the item.

classification symbol square, for a classification mentioned in an item in Part 3 of Schedule 1, means the square set out in column 3 of the item.

combination box means a 2‑dimensional box comprising, on the left, the applicable classification symbol rectangle component, and, on the right, the consumer advice determined in relation to the film or computer game concerned.

Note: Part 5 of Schedule 1 contains examples of combination boxes.

complementary classification enforcement laws mean a provision of any of the following:

 (a) Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 of the Australian Capital Territory;

 (b) Classification (Publications, Films and Computer Games) Enforcement Act 1995 of New South Wales;

 (c) Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 of Victoria;

 (d) Classification of Films Act 1991 of Queensland;

 (e) Classification of Publications Act 1991 of Queensland; 

 (f) Classification of Computer Games and Images Act 1995 of Queensland;

 (g) Classification (Publications, Films and Computer Games) Act 1995 of South Australia;

 (h) Classification (Publications, Films and Computer Games) Enforcement Act 1996 of Western Australia;

 (i) Classification (Publications, Films and Computer Games) Enforcement Act 1995 of Tasmania;

 (j) Classification of Publications, Films and Computer Games Act of the Northern Territory.

consumer advice, for a publication, film or computer game, means the consumer advice determined in relation to the publication, film or computer game under section 20 of the Act.

consumer advice box, for a film or computer game, means a 2‑dimensional box that is part of a combination box and contains the consumer advice for the film or computer game.

Note   Part 5 of Schedule 1 contains examples of combination boxes.

physical product means a physical item on which a publication, film or computer game, or an advertisement for a publication, film or computer game, is recorded, stored, contained, or printed for the purpose of retail distribution or presentation to a consumer.

  Examples of physical products

  1 disc

  2 container for a disc

  3 memory stick

  4 poster

  5 magazine

  6 activation card

  7 a title board for a computer game that is available for play in a public place

Note 1: The following words and expressions used in this determination are defined in section 5 of the Act: advertisement, classified, and film.

Note 2: Computer game is defined in section 5A of the Act.

Part 2—Markings for films and computer games

8  Markings for films and computer games

 (1) For paragraph 8(1)(a) of the Act, the classification markings for films and computer games are the following:

 (a) the classification character;

 (b) the classification symbol;

 (c) the classification symbol square;

 (d) the classification symbol rectangle;

 (e) the classification symbol rectangle component;

 (f) the classification description;

 (g) the classification description box;

 (h) the combination box;

prescribed for that classification by this determination.

Part 3—Display of markings for publications, films and computer games

Division 1—General

9  Display of markings and consumer advice

  For section 8 of the Act, markings and consumer advice for films and computer games and markings and any consumer advice for publications must be displayed in accordance with this Part.

Note 1: Subsections 7(2) and (3) of the Act set out the classifications for films and computer games in ascending order of restriction.

10  Placement of markings

 (1) Where practicable, a marking must be displayed:

 (a)  on the lower left corner of the front face of the thing on which it is displayed; or

 (b) in close proximity to the title of the publication, film or computer game.

 (2) For a ‘Category 1 Restricted’ publication or a ‘Category 2 Restricted’ publication contained in opaque packaging material, both the publication and the packaging must display the classification markings.

11  Visibility of markings

 (1) A marking must be displayed so that the marking is:

 (a) prominent, readily identifiable and clearly legible; and

 (b) easily distinguishable from the background and any other information or moving image with which the marking is displayed.

 (2) A marking must not be obscured by other material.

 (3) A marking that is displayed on a screen must be displayed for a period of time that is sufficient to allow the marking to be read in full.

12  Format and proportion of markings

  A marking that is required to be displayed must be:

 (a) for a film or computer game — in the format and proportions shown in Schedule 1.

 (b) for a publication — in the format and proportions shown in Schedule 2.

Division 2—Requirements for display of markings

13  Display of markings for publications, films and computer games

 (1) A classified film or computer game must display:

 (a) the marking that applies to the film or computer game; and

 (b) the consumer advice relating to the film or game.

Note: Schedule 1 shows the classification markings for films and computer games.

 (2) A classified publication must display the classification marking that applies to the publication and any consumer advice.

Note: Schedule 2 shows the classification markings for publications.

 (3) Any marking or consumer advice that is required to be displayed under subsection 13(1) or subsection 13(2) must be displayed:

 (a) if the publication, film or computer game is a physical product — on the physical product; or

 (b) if the publication, film or computer game is not a physical product or if, considering the size and type of the physical product, it would not be practicable to display the classification in accordance with paragraph 13(3)(a)  — before the point of purchase of the publication, film or computer game; or

Note: The point of purchase for a film includes the point of purchase of tickets to film screenings.  

 (c) if it is not practicable to display the marking before the point of purchase — before the point of access to the publication, film or computer game.

14  Compliance with Advertising Determination

  Despite anything in this Division, an advertisement for a film or a computer game must comply with the Advertising Determination if:

 (a) the advertisement displays the message; and

 (b) the film or the computer game has not been classified X 18+ or RC.

15  Display of markings for an advertisement for a classified film or computer game

 (1) Markings for advertisements for classified films and computer games must be displayed in the following manner:

 (a) a printed advertisement for a film or computer game must display the combination box or, if the combination box would not be legible,  the classification symbol square or classification symbol rectangle that applies to the film or computer game;

 (b) a printed advertisement for multiple films or computer games must display:

 (i) the markings in accordance with section 15(1)(a); and

 (ii) a legend that lists all classifications and the classification descriptions;

 (c) A still or moving image that advertises a film or computer game on a screen (including an online advertisement) must display:

 (i) the combination box or, if the combination box would not be legible, the classification symbol rectangle or classification symbol square applicable to the film or computer game; and

 (ii) the consumer advice relating to the film or game; 

 (d) A physical product that contains only advertisements for 1 or more films or computer games must display:

 (i) the combination box or, if the combination box would not be legible, the classification symbol square or classification symbol rectangle that applies to the film or computer game that has the highest classification; and

 (ii) if the title of any of the films or computer games for which the physical product contains an advertisement is listed on the back of the physical product:

 (A) next to the title of each film or game, the classification symbol square or classification symbol or classification character applicable to the film or computer game; and

 (B) if practicable, the consumer advice relating to the film or computer game.

 (2) Subsection 15(1) does not apply to an advertisement for a film or computer game that is in the form of a window cling, a display bin or a standee.

16  Display of markings for an advertisement for a classified publication

  In a printed advertisement for a classified publication, the markings shall be:

 (a) the markings set out in Part 2 of Schedule 2; and

 (b) the markings shall be increased or reduced in size and scale, along with the rest of the material included in the advertisement; and

 (c) the markings shall remain in proportion to that material included in the advertisement based upon the publication’s front cover scale.

17  Cross promotions

 (1) This section applies to an advertisement:

 (a) for a product that is not a film or computer game; and

 (b) that includes:

 (i) a reference to a film or computer game; and

 (ii) a reference to the film or computer game being available for viewing, playing, sale or hire.

 (2) The advertisement must display the markings required under this Subdivision as if the advertisement were an advertisement for the film or computer game.

Part 4 —Further transitional provisions

18  Limited exemption to 15(1)(c) where person incapable of adding content to an advertisement on a screen

  If the person to whom the requirement to display either a combination box or consumer advice under paragraph 15(1)(c) is incapable of adding to the content of the advertisement the display of the classification symbol rectangle or classification symbol square applicable to the film or computer game will be sufficient to comply with the paragraph.

19  Expiry of this Part

  This Part expires on 1 February 2017 as if it had been repealed by another legislative instrument.

Part 4—Further transitional provisions

18  Limited exemption to 15(1)(c) where person incapable of adding content to an advertisement on a screen

  If the person to whom the requirement to display either a combination box or consumer advice under paragraph 15(1)(c) is incapable of adding to the content of the advertisement, the display of the classification symbol rectangle or classification symbol square applicable to the film or computer game will be sufficient to comply with the paragraph.

19  Expiry of this Part

  This Part expires on 11 December 2015 as if it had been repealed by another legislative instrument.

Schedule 1—Markings for films and computer games

Part 1—Interpretation

1.01  Meaning of markings required under paragraph 13(1)(a)

  A marking that is required to be displayed under paragraph 13(1)(a) means:

 (a) the combination box that applies to the film or computer game; or

 (b) if the combination box would not be legible, the classification symbol rectangle or classification symbol square; or

 (c) if the classification symbol rectangle or classification symbol square would not be legible, the classification symbol or classification character.

1.02  Indicated markings do not include black background

  In this Schedule, a marking that is superimposed on a black background does not include the black background.

1.03  Colour of classification symbol boxes and classification description boxes not displayed on screens

  A classification symbol box or classification description box must be:

 (a) if the display is in colour — coloured in accordance with the CMYK values mentioned in column 7 of Part 3 of Schedule 1, or column 5 of Part 4 of Schedule 1 (whichever is applicable), for the applicable classification; and

 (b) if the display is in black and white — either:

 (i) coloured in accordance with the CMYK values mentioned in column 7 of Part 3 of Schedule 1, or column 5 of Part 4 of Schedule 1 (whichever is applicable), for the applicable classification; or

 (ii) in black and white.

1.04  Colour of classification symbol boxes and classification description boxes displayed on screens

  A classification symbol box or classification description box that is displayed on a screen, must be coloured in accordance with the RGB values mentioned in column 8 of Part 3 of Schedule 1, or column 6 of Part 4 of Schedule 1 (whichever is applicable), for the applicable classification.

1.05  Font for classification symbol

  A classification symbol must be in FF Din Bold font.

1.06  Font for text in consumer advice boxes and classification description boxes

 (1) Text that is displayed in a consumer advice box must be printed in black Univers condensed regular type on a white background.

Note: Part 5 of Schedule 1 contains examples of combination boxes.

 (2) A classification description displayed in a classification description box, must be printed in Univers condensed regular type.

Part 2—Classification characters, symbols and descriptions

Part 3—Classification symbol boxes and classification description boxes

Part 4—Alternative classification symbol boxes — MA 15+ and R 18+

Part 5—Examples of combination boxes

Division 5.1—2 lines of consumer advice
 

Division 5.2—3 or 4 lines of consumer advice
 

Division 5.3—5 lines of consumer advice
 

Schedule 2—Markings for publications

Part 1—Interpretation

1.01  Indicated markings do not include black background

  In this Schedule, a marking that is superimposed on a black background does not include the black background.

Part 2—Markings

The marking for a publication classified Unrestricted is as follows:

For Unrestricted publications with the consumer advice ‘M (Mature) — Not Recommended for Readers under 15 Years’, the marking is as follows:

The marking for a publication classified Category 1 Restricted is as follows:

The marking for a publication classified Category 2 Restricted is as follows:

Schedule 3—Classification legislation in force before 1 January 1996

(section 4, note)

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

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

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

Endnote 3—Legislation history

Endnote 4—Amendment history