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Classification (Publications, Films and Computer Games) Act 1995
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2013C00001
01 January 2013
-
30 June 2014
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Table of contents
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Purpose
4 Powers and functions under State or Territory laws
5 Definitions
5A Meaning of computer game
5B Exempt films and exempt computer games
6 Amendments of the Code
6A Application of the Criminal Code
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Part 2—Classification
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Division 1—Preliminary
7 Types of classifications
8 Markings for classifications
8A Notice about classifications
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Division 2—Classification of publications, films and computer games
9 Classification in accordance with the Code
9A Refused Classification for publications, films or computer games that advocate terrorist acts
10 Classifications in writing etc.
11 Matters to be considered in classification
12 Classification guidelines
13 Applications for classification of publications
13A Conditions of certain classifications for publications
14 Applications for classification of films
14A Films consisting only of classified films
14B Applications for television series films
15 Discretion of Board
16 Board may decline to deal with application if more than one work involved
17 Applications for classification of computer games
18 Considered form of publication, film or computer game to be final
19 Screening of films and demonstration of computer games before classification
20 Board to decide consumer advice for publications, films and computer games
21 Declassification of classified films or computer games that are modified
21A Revocation of classification of films or computer games that are found to contain contentious material
21AA Revocation of classification of films containing additional content
21AB Revocation of classification of television series films
22 Classification of publications, films or computer games containing advertisements
22A Applications for classification for enforcement purposes
22B Classification of a publication, film or computer game that may be the same as or similar to a classified item
22C Validation of Board decisions etc. on applications by law enforcement agencies
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Division 2A—Assessments of additional content
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Subdivision A—Additional content assessors
22D Additional content assessors
22E Revocation of additional content assessor status
22F Barring notice to additional content assessor
22G Review by AAT
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Subdivision B—Barring notices to applicants
22H Barring notice to applicant
22J Review by AAT
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Division 3—Submittable publications
23 Calling in submittable publications for classification
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Division 3A—Calling in films
23A Calling in films for classification
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Division 4—Calling in computer games
24 Calling in computer games for classification
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Division 5—Notice of decisions
25 Classification certificates
26 Notice of decisions
27 Applications for information
28 When decisions take effect
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Division 6—Certificates for exempt films or computer games
28A Application for certificate
28B Granting certificates
28C Revocation of certificate
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Part 3—Advertising
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Division 1—Approval of general advertisements
29 Approval of advertisements
30 Calling in advertisements
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Division 2—Advertising of unclassified films and unclassified computer games
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Subdivision A—Scheme relating to advertising
31 Scheme for advertising may be determined by legislative instrument
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Subdivision B—Assessments of likely classifications of unclassified films and unclassified computer games
32 Person may apply for assessment of likely classification of unclassified film or unclassified computer game
33 Board may assess likely classification of film or computer game
34 Revocation of assessments
35 Notice of decisions
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Part 4—Reclassification
38 Limit on reclassification
39 Reclassification etc. after 2 years
40 Notice of intention to reclassify etc.
41 Consideration of submissions
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Part 5—Review of decisions
42 The persons who may apply for review
42A Review Board may refuse to deal with certain applications
43 Applications for review
44 Dealing with applications
44A Obtaining copies for review
44B Validation of Review Board decisions etc. in relation to decisions on applications by law enforcement agencies
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Part 6—The Classification Board
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Division 1—Establishment of the Board
45 Establishment of Classification Board
46 Constitution of Board
47 Maximum number of members
48 Appointment of members
49 Full-time and part-time appointments
50 Temporary members
51 Terms and conditions of appointment
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Division 2—Responsibilities and powers of the Director
52 Responsibilities and powers of the Director
53 Powers of Director under State/Territory laws
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Division 4—Procedure of the Board
56 Board to regulate its procedure
57 Decisions of the Board
58 Procedures that apply to meetings of the Board
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Division 5—Administrative provisions
59 Delegations
60 Remuneration and allowances
61 Leave of absence
62 Outside employment
63 Resignation
64 Disclosure of interests
65 Termination of appointment
66 Acting appointments
67 Annual report
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Part 7—The Review Board
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Division 1—Establishment of the Review Board
72 Establishment of Classification Review Board
73 Constitution of Review Board
74 Appointment of members of the Review Board
75 Members of the Review Board to be part-time
76 Terms and conditions of appointment
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Division 2—Responsibilities and powers of the Convenor
77 Responsibilities and powers of the Convenor
77A Powers of Convenor under State/Territory laws
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Division 3—Procedure of the Review Board
78 Constitution of Review Board for the purpose of its functions
79 Decisions of the Review Board
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Division 4—Administrative provisions
79A Delegations
80 Remuneration and allowances
81 Resignation
82 Disclosure of interests
83 Termination of appointment
84 Acting appointments
85 Annual report
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Part 8—Miscellaneous
87 Evidentiary certificates
87A Board to make decisions within a specified time
87B Review Board to make decisions within a specified time
88 Additional functions of Board
88A Staff assisting the Board and the Review Board
89 Service of notices
90 Payments to the States and Territories
91 Waiver of fees
91A Commonwealth not liable to pay a fee
91B Cancellation of exemptions from fees
91C Debts due to the Commonwealth
92 Act not to apply to broadcasting services under Broadcasting Services Act
92A Proceedings arising out of administration of Board or Review Board
93 Regulations
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Part 9—Transitional provisions and repeals
94 Definitions
95 Service of member of former Board or former Review Board
96 Decisions of former Board and former Review Board
97 Pending applications
97A Reclassification
98 Repeals
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Part 10—Material prohibited in certain areas in the Northern Territory
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Division 1—Preliminary
98A Main object of Part
99 Definitions
99A The Racial Discrimination Act is not affected
100 Concurrent operation of State and Territory laws
100A Prohibited material areas
100C Delegation by Indigenous Affairs Minister
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Division 2—Offences
101 Possession or control of level 1 prohibited material in prohibited material areas
102 Possession or control of level 2 prohibited material in prohibited material areas
103 Supplying prohibited material in and to prohibited material areas
104 Liability of body corporate managers
105 Division does not apply to postal services
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Division 3—Seizure and forfeiture of prohibited material
106 Seizure of prohibited material
107 Seizure notices
108 Return of seized material—on request
109 Return of seized material—application to magistrate
110 Seized material forfeited to the Commonwealth
111 Relationship of Division to other laws
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Division 4—Miscellaneous
112 Evidence
113 Compensation for acquisition of property
114 Review of operation of this Part
115 Indigenous Affairs Minister may determine that provisions of this Part cease to have effect
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116 Sunset provision [see Note 1]
Notes to the STYLEREF ShortT \* MERGEFORMAT Classification (Publications, Films and Computer Games) Act 1995