Classification (Publications, Films and Computer Games) Act 1995

An application for classification of a film (other than an enforcement application—see section 22A) must be:

in writing; and

made in a form approved by the Director in writing; and

signed by or on behalf of the applicant; and

accompanied by:

a copy of the film; and

the prescribed fee for that category of film; and

an adequate written synopsis of the film in English that includes a statement or summary of any incidents, or of the plot, depicted or intended to be depicted by the film.

For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.

An application for classification of a film may be accompanied by a copy of any advertisement that is proposed to be used to advertise the film.

If:

an application is made for classification of a film (other than an enforcement application—see section 22A) that comprises a recording from which a computer generated image can be produced; and

the recording enables a person using it to choose from 2 or more visual images the image that will be viewed;

Subsection (4) does not apply to an application for the classification of a film if the application is made only because the film became unclassified under section 21 because of a modification that consists only of a change to the title of the film.

If:

an application is for classification of a film that comprises:

one or more classified films and additional content; or

one or more classified films, one or more exempt films and additional content; or

one or more exempt films and additional content; and

the applicant is of the opinion that the film would, if classified, be classified at a particular classification that is R 18+ or a lower classification; and

a notice under section 22H is not in force in relation to the applicant;

An assessment under subsection (5) must:

if the film includes one classified film—describe, and report on the impact of, any classifiable elements in the additional content that are at the same or higher level as the classified film; and

if the film includes more than one classified film—describe, and report on the impact of, any classifiable elements in the additional content that are at the same or higher level as the classified film with the highest classification; and

if the film does not include a classified film—describe, and report on the impact of, all classifiable elements in the additional content; and

recommend a classification of the additional content; and

recommend consumer advice appropriate to the additional content; and

deal with any other matter prescribed by the regulations.

If the Director or the Board disagrees with the recommended classification of the additional content, the Director must give a notice in writing to the applicant stating the particulars of the disagreement.

If any of the following paragraphs applies in relation to the film, the notice under subsection (7) must also invite the applicant to make, within 14 days after receiving the notice, any additional submissions the applicant may wish to make before the Board makes a decision on the application:

if the film includes one classified film—the Director or the Board is of the opinion that the film would, if classified, be classified at a higher classification than the classified film;

if the film includes more than one classified film—the Director or the Board is of the opinion that the film would, if classified, be classified at a higher classification than the classified film with the highest classification;

the film does not include a classified film.