1Short title
This Act may be cited as the Classification (Publications, Films and Computer Games) Act 1995.
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This Act may be cited as the Classification (Publications, Films and Computer Games) Act 1995.
Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.
If the provisions referred to in subsection (2) do not commence under that subsection within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.
The main purpose of this Act is to provide for the classification of publications, films and computer games for the Australian Capital Territory. This Act is intended to form part of a Commonwealth/State/Territory scheme for the classification of publications, films and computer games and for the enforcement of those classifications.
Provisions dealing with the consequences of not having material classified and the enforcement of classification decisions are to be found in complementary laws of the States and Territories.
This Act establishes a scheme for classifying publications, films and computer games for the Australian Capital Territory.
Certain films and computer games are exempt films or exempt computer games.
A publication, film or computer game that is shown as part of a registered event, or by an approved cultural institution, may be subject to a conditional cultural exemption in relation to that showing, if certain criteria are met.
Films classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 are taken to be classified by the Board in some circumstances.
A publication, film or computer game may be classified:
by the Classification Board, on application; or
if there is an approved classification tool for the publication, film or computer game—by the operation of the approved classification tool.
A film or computer game may also be classified by an accredited person.
If a film or computer game is modified in specified ways and is then classified in unmodified form at a later time, both the modified and unmodified forms of the film or computer game have the same classification from that time.
If a classified film or computer game is modified, the film or computer game, as modified, becomes unclassified unless specified exceptions apply.
The classification of a publication, film or computer game must be revoked by the Board in certain circumstances.
Once a publication, film or computer game is classified, it cannot be reclassified for 2 years. However, applications for a review of classification decisions can be made to the Classification Review Board and films classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 that are taken to be classified by the Board can be reclassified in some circumstances.
The Director of the Board has the power to require publishers of certain unclassified publications, films and computer games to apply for classification of that material in certain circumstances. It is an offence to fail to comply with such a requirement.
This Act also provides for copies of unclassified publications, films and computer games that, in the Secretary’s opinion, would be likely to be classified RC to be given to the Australian Federal Police and other specified bodies.
This Act also prohibits the possession, control and supply of certain material in certain areas of the Northern Territory. Police officers have powers to seize such material in those areas.
This Act is part of a national scheme, and there is complementary legislation in all States and Territories. Under the complementary legislation, some publications and most films and computer games must be classified before they can be legally made available to the public.
The Board, the Review Board, the Director and the Convenor may exercise powers and perform functions relating to the classification of publications, films and computer games that are conferred on them under an arrangement between the Commonwealth and a State or the Commonwealth and the Northern Territory.
This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
Without limiting subsection (1), this Act is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:
an act or omission that is an offence against a provision of this Act; or
a similar act or omission;
an offence against the law of the State or Territory.
Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
provides for a penalty for the offence that differs from the penalty provided for in this Act;
provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Act;
provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Act.
In this Act, unless the contrary intention appears:
ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.
additional content in a film that also comprises a classified film or an exempt film includes, but is not limited to:
additional scenes for the classified film or exempt film (such as alternative endings or deleted scenes); and
a film of the making of the classified film or exempt film; and
interviews with, and commentaries by, directors, actors and other persons involved with the making of the classified film or exempt film; and
such other material as is prescribed by the regulations;
but does not include:
a work; or
such other material as is prescribed by the regulations.
additional content assessor means a person who is authorised by the Director under section 22D.
add‑on means a computer program, data associated with a computer program or a computer program and any associated data referred to in subsection 5A(2).
adult means a person who is 18 or older.
advertisement for a publication, a film or a computer game means any form of advertising for the publication, film or game, and includes:
advertising, whether visual or audible, whether in the form of written or spoken words or other sounds and whether in a book, paper, magazine, poster, photograph, sketch, program, film or slide or in any other form; and
advertising on a container or wrapping enclosing the publication, film or game; and
advertising on the internet;
but does not include:
advertising for an exempt film or exempt computer game; or
advertising for a particular demonstration, exhibition or screening of a publication, film or computer game, if the publication, film or computer game is subject to a conditional cultural exemption in relation to the demonstration, exhibition or screening; or
advertising, in an imported publication, for a publication, film or computer game that has not been published in Australia; or
advertising, in an imported film or computer game that is in a form that cannot be modified, for a film or computer game that has not been published in Australia (the advertised film or game), whether or not the advertised film or game is later published in Australia; or
advertising by means of a product:
that refers to or is derived from the publication, film or computer game; and
that is primarily intended to be sold or distributed to the general public or to a section of the general public; and
that a reasonable person would not consider to be a primary source of classification information for consumers about the publication, film or computer game.
approved classification tool: see subsection 22CA(2).
approved cultural institution: see section 6F.
Board means the Classification Board.
business day means a day other than a Saturday, Sunday or public holiday.
classifiable elements has the same meaning as in the Guidelines determined under subsection 12(1) and as in force from time to time.
classification certificate means a certificate issued under section 25.
classified means classified under this Act.
Certain films classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 are taken to be classified under this Act: see section 6HA.
Code means the National Classification Code, set out in the Schedule to this Act as originally enacted, as amended in accordance with section 6.
computer generated image means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, liquid crystal display or similar medium from electronically recorded data.
conditional cultural exemption rules means rules made by the Minister under section 6G.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade or commerce means trade or commerce:
between Australia and a place outside Australia; or
among the States; or
between a State and a Territory; or
within a Territory; or
between 2 Territories.
contentious material, in relation to a film or computer game, means material that would be likely to cause it to be classified:
for a film—M or a higher classification; or
for a computer game—M or a higher classification.
Convenor means the Convenor of the Review Board.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
decision means a decision of the Board:
to classify or refuse to classify a publication, film or computer game (including a decision of the Board under section 39 or 97A or under subsection 22CH(4) or 22L(4) following revocation); or
to determine the consumer advice to apply to a publication, film or computer game; or
to approve or refuse to approve an advertisement for a publication, film or computer game (including a decision of the Board under section 39) or to impose conditions on such an approval; or
to assess or refuse to assess the likely classification of an unclassified film or an unclassified computer game; or
to revoke an assessment of the likely classification of an unclassified film or an unclassified computer game; or
to decline to deal with or to deal further with an application under this Act; or
to make or refuse to make a declaration under subsection 13(3); or
to revoke such a declaration; or
to impose a condition under section 13A; or
to revoke the classification of a film or computer game under section 21A; or
to revoke the classification of a film under section 21AA; or
to revoke the classification of a computer game under section 21AC; or
to revoke the classification of, or consumer advice for, a publication, film or computer game under section 22B.
demonstrate includes exhibit, display, screen, play or make available for playing.
Deputy Director means the Deputy Director of the Board.
determined markings means markings determined under paragraph 8(1)(a).
Director means the Director of the Board.
enforcement application means an application that is made:
by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory; and
for the purpose of investigating or prosecuting an offence against a law of the Commonwealth, a State or a Territory.
exempt computer game has the meaning given by section 6B.
exempt film has the meaning given by section 6B.
film includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced (together with its sound track), but does not include:
a computer game; or
an advertisement for a publication, a film or a computer game.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
government body means:
a department of the Commonwealth, a State or a Territory; or
an agency or authority of the Commonwealth, a State or a Territory; or
a body established for the purposes of local government by or under a law applying in a State or Territory.
interactive film means a film to which subsection 14(4) applies.
interactive game means a game in which the way the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player.
member means a member of the Board, and includes a temporary member.
minor means a person under 18.
participating Minister means a Minister of a State or Territory who is responsible for censorship matters where the State or Territory is a participant in the scheme referred to in section 3, but does not include such a Minister in relation to action to be taken under a provision of this Act if:
the action relates to publications, films or computer games; and
the State or Territory does not participate in the scheme in relation to publications, films or computer games, as the case may be.
publication means any written or pictorial matter, but does not include:
a film; or
a computer game; or
an advertisement for a publication, a film or a computer game.
publish includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate.
registered event: see section 6D.
Review Board means the Classification Review Board.
social sciences has the meaning given by section 5C.
subject to a conditional cultural exemption: for when a publication, film or computer game is subject to a conditional cultural exemption, see sections 6C and 6E.
submittable publication means an unclassified publication that, having regard to section 9A or to the Code and the classification guidelines to the extent that they relate to publications, contains depictions or descriptions that:
are likely to cause the publication to be classified RC; or
are likely to cause offence to a reasonable adult to the extent that the publication should not be sold or displayed as an unrestricted publication; or
are unsuitable for a minor to see or read.
temporary member means a person appointed under section 50.
work means:
a cinematic composition that appears to be:
self‑contained; and
produced for viewing as a discrete entity; or
a television program; or
a computer game that is produced for playing as a discrete entity;
but does not include an advertisement.
A computer game is a computer program and any associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game.
A computer program, data associated with a computer program or a computer program and any associated data that:
is capable of generating new elements or additional levels into a game (the original game) that is a computer game under subsection (1); and
is contained in a device separate from that containing the original game;
is also a computer game.
However, a computer game does not include an advertisement for a publication, film or computer game.
For the purposes of this Act, social sciences means the following fields:
economics;
geography;
anthropology;
linguistics;
such other fields (if any) as are specified in an instrument under subsection (2).
The Minister may, by legislative instrument, specify fields for the purposes of paragraph (1)(e).
The Code may be amended from time to time in accordance with this section.
If the Minister and each participating Minister agree to an amendment of the Code, the Code is taken to be amended accordingly.
If the Code is amended, the Minister must cause a copy of the amended Code to be published in the Gazette.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Certain films and computer games are exempt films or exempt computer games.
A publication, film or computer game that is shown as part of a registered event that meets certain criteria may be subject to a conditional cultural exemption in relation to that showing.
A publication, film or computer game that is shown by an approved cultural institution may be subject to a conditional cultural exemption in relation to that showing.
Films classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 are taken to be classified by the Board in some circumstances.
The Director of the Classification Board can modify the operation of the provisions relating to conditional cultural exemptions in relation to specified publications, films, computer games or organisations.
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