Secretary may accredit a person to classify films and computer games
22M Secretary may accredit a person to classify films and computer games
A person may apply to the Secretary of the Department for accreditation to classify films and computer games for the Australian Capital Territory.
The application must:
be in a form approved, in writing, by the Secretary; and
be accompanied by a declaration made by the person to the effect that the person:
has not been convicted of an offence against a law of the Commonwealth, or a law of a State or Territory, involving fraud or dishonesty; and
has not been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth, or a law of a State or Territory, involving fraud or dishonesty.
The Secretary may, in writing, accredit the person to classify films and computer games for the Australian Capital Territory for a specified period, if:
the person has made an application in accordance with subsection (2); and
the person has, within the previous 12 months, completed approved training in classification; and
the person has paid the accreditation fee (if any) that relates to the specified period; and
there is no notice under section 17B, 17C, 22F, 22H or 22Q in force in relation to the person; and
the Secretary is not aware of any reason why the person is not a suitable person to classify films and computer games.
For the approval of training, see section 22S.
If the person has been requested to complete further training under 22N, the Secretary may not accredit the person for a further period until the person has completed the training: see subsection 22N(2).
Accreditation fee
For the purposes of paragraph (3)(c), the regulations may prescribe an accreditation fee in relation to a period to be paid by an accredited person for services that the Commonwealth (including the Board and the Secretary of the Department) provides in administering the classification of films and computer games by accredited persons under this Act.
A fee prescribed under subsection (4) must not be such as to amount to taxation.
Spent convictions scheme not affected
Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
This provision refers to the regulations (the regulations may prescribe
). Made under this Act:
- Classification (Approved Classification Tools) (Application for Revocation of Classification) Determination 2015 · Legislative Instrument · under s 22CH(8)
- Guidelines for the Classification of Computer Games 2023 · Legislative Instrument · under s 12(1)
- Guidelines for the Classification of Publications 2005 · Legislative Instrument · under s 12
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.