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Classification (Publications, Films and Computer Games) Act 1995

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7, 1995
Making Information - Assented to 15 March 1995
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-PRELIMINARY Section 1. Short title 2. Commencement 3. Purpose 4. Powers and functions under State or Territory laws 5. Definitions 6. Amendments of the Code PART 2-CLASSIFICATION Division 1-Preliminary 7. Types of classifications 8. Markings for classifications Division 2-Classification of publications, films and computer games 9. Classification in accordance with the Code 10. Classifications in writing etc. 11. Matters to be considered in classification 12. Classification guidelines 13. Applications for classification of publications 14. Applications for classification of films 15. Discretion of Board 16. Prescribed fees for certain films 17. Applications for classification of computer games 18. Considered form of 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 films and computer games 21. Declassification of classified films or computer games 22. Classification of films or computer games containing advertisements Division 3-Submittable publications 23. Calling in submittable publications for classification Division 4-Calling in computer games 24. Calling in computer games for classification Division 5-Notice of decisions 25. Classification certificates 26. Notice of decisions 27. Applications for information 28. When decisions take effect PART 3-APPROVAL OF ADVERTISEMENTS Division 1-Approval of general advertisements 29. Approval of advertisements 30. Calling in advertisements Division 2-Advertising for unclassified films 31. Definitions 32. Certificates of exemption 33. Granting of certificates of exemption 34. Board may refuse certificate 35. Conditions of exemptions 36. Revocation of exemptions 37. Review of decision not to grant exemption PART 4-RECLASSIFICATION 38. Limit on reclassification 39. Reclassification etc. after 2 years 40. Notice of intention to reclassify etc. 41. Consideration of submissions PART 5-REVIEW OF DECISIONS 42. The persons who may apply for review 43. Applications for review 44. Dealing with applications PART 6-THE CLASSIFICATION BOARD 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 Division 2-Responsibilities and powers of the Director 52. Responsibilities and powers of the Director 53. Powers of Director under State/Territory laws Division 3-Staff 54. Staff 55. Consultants Division 4-Procedure of the Board
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56. Board to regulate its procedure 57. Decisions of the Board 58. Procedures that apply to meetings of the Board 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 68. Proper accounts and records to be kept 69. Audit 70. Access to accounts and records 71. Proceedings arising out of administration of Board or Review Board PART 7-THE REVIEW BOARD 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 Division 2-Responsibilities and powers of the Convenor 77. Responsibilities and powers of the Convenor Division 3-Procedure of the Review Board 78. Constitution of Review Board for the purpose of its functions 79. Decisions of the Review Board Division 4-Administrative provisions 80. Remuneration and allowances 81. Resignation 82. Disclosure of interests 83. Termination of appointment 84. Acting appointments 85. Annual report PART 8-MISCELLANEOUS 86. Review by AAT 87. Evidentiary certificates 88. Additional functions of Board 89. Service of notices 90. Payments to the States and Territories 91. Waiver of fees 92. Act not to apply to broadcasting services under Broadcasting Services Act 93. Regulations PART 9-TRANSITIONAL PROVISIONS AND REPEALS 94. Definitions 95. Members of the Board and Review Board 96. Decisions of former Board and former Review Board 97. Pending applications 98. Repeals SCHEDULE NATIONAL CLASSIFICATION CODE CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - LONG TITLE
An Act relating to the classification of publications, films and computer games, and related matters CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - PART 1 PART 1-PRELIMINARY
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 1 Short title
1. This Act may be cited as the Classification (Publications, Films and Computer Games) Act 1995. (Minister's second reading speech made in- House of Representatives on 22 September 1994 Senate on 11 October 1994) CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 2 Commencement
2.(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation. (3) If the provisions referred to in subsection (2) do not commence under
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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. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 3 Purpose
3. The 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. Note: 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. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 4 Powers and functions under State or Territory laws
4. The Board, the Review Board and the Director 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. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 5 Definitions
5. In this Act, unless the contrary intention appears: "advertisement" for a publication, a film or a computer game means any form of advertising for the publication, film or game, and includes: (a) 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 (b) advertising on a container or wrapping enclosing the publication, film or game; and (c) advertising on an item of clothing advertising the publication, film or game; "adult" means a person who is 18 or older; "Board" means the Classification Board; "business day" means a day other than a Saturday, Sunday or public holiday; "classification certificate" means a certificate issued under section 25; "classified" means classified under this Act; "Code" means the National Classification Code set out in the Schedule, or that Code as amended in accordance with section 6; "computer game" means a computer program and 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, but does not include: (a) an advertisement for a publication, a film or a computer game; or (b) business, accounting, professional, scientific or educational computer software unless the software contains a computer game that would be likely to be classified MA (15+) or RC; "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; "contentious material", in relation to a computer game, means material in the computer game that a reasonable adult would consider unsuitable for viewing or playing by a person under 15; "Convenor" means the Convenor of the Review Board; "decision" means a decision of the Board: (a) to classify or refuse to classify a publication, a film or a computer game; or (b) to determine the consumer advice to apply to a film or a computer game; or (c) to approve or refuse to approve an advertisement for a publication, a film or a computer game or to impose conditions on such an approval; or (d) to grant a certificate of exemption for a film; or (e) to decline to deal with or to deal further with an application under this Act; and includes a decision of the Board under section 39; "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 by the Director under section 8; "Director" means the Director of the Board; "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, but does not include: (a) a computer game; or (b) an advertisement for a publication, a film or a computer game; or (c) a recording for business, accounting, professional, scientific or educational purposes unless it contains a visual image that would be likely to
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cause the recording to be classified MA, R, X or RC; "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: (a) the action relates to publications, films or computer games; and (b) 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) a film; or (b) a computer game; or (c) 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; "Review Board" means the Classification Review Board; "submittable publication" means an unclassified publication that, having regard to the Code and the classification guidelines to the extent that they relate to publications, contains depictions or descriptions of sexual matters, drugs, nudity or violence that are likely to cause offence to a reasonable adult to the extent that the publication should not be sold as an unrestricted publication; "temporary member" means a person appointed under section 50; "work" means a cinematic composition that: (a) appears to be self-contained; and (b) is produced for viewing as a discrete entity; but does not include an advertisement. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 6 Amendments of the Code
6.(1) The Code may be amended from time to time in accordance with this section. (2) If the Minister and each participating Minister agree to an amendment of the Code, the Code is taken to be amended accordingly. (3) If the Code is amended, the Minister must cause a copy of the amended Code to be published in the Gazette. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - PART 2 PART 2-CLASSIFICATION
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - DIVISION 1 Division 1-Preliminary
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 7 Types of classifications
7.(1) The following are the different types of classifications for publications in ascending order: Unrestricted Category 1 restricted Category 2 restricted RC (Refused Classification). (2) The following are the different types of classifications for films in ascending order: G (General) PG (Parental Guidance) M (Mature) MA (Mature Accompanied) R (Restricted) X (Restricted) RC (Refused Classification) (3) The following are the different types of classifications for computer games in ascending order: G (General) G (8+) (General) M (15+) (25 Mature) MA (15+) (Mature Restricted) RC (Refused Classification). CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 8 Markings for classifications
8. The Director may, by notice in the Gazette, determine:
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(a) markings for each type of classification giving information about the classification; and (b) the manner in which the markings are to be displayed. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - DIVISION 2 Division 2-Classification of publications, films and computer games
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 9 Classification in accordance with the Code
9. Publications, films and computer games are to be classified in accordance with the Code and the classification guidelines. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 10 Classifications in writing etc.
10.(1) Classifications of publications, films and computer games are to be made by the Board in writing on application. (2) Subsection (1) does not require an application for a reclassification under subsection 39(2) 10. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 11 Matters to be considered in classification
11. The matters to be taken into account in making a decision on the classification of a publication, a film or a computer game include: (a) the standards of morality, decency and propriety generally accepted by reasonable adults; and (b) the literary, artistic or educational merit (if any) of the publication, film or computer game; and (c) the general character of the publication, film or computer game, including whether it is of a medical, legal or scientific character; and (d) the persons or class of persons to or amongst whom it is published or is intended or likely to be published. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 12 Classification guidelines
12.(1) The Minister may, with the agreement of each participating Minister, determine guidelines to assist the Board in applying the criteria in the Code. (2) The Minister must cause a copy of the guidelines to be published in the Gazette. (3) If the Minister and each participating Minister agree to an amendment of the guidelines, the guidelines are taken to be amended accordingly. (4) If the guidelines are amended, the Minister must cause a copy of the amended guidelines to be published in the Gazette. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 13 Applications for classification of publications
13.(1) An application for classification of a publication must be: (a) in writing; and (b) made in a form approved by the Director in writing; and (c) signed by or on behalf of the applicant; and (d) accompanied by: (i) the prescribed fee for that category of publication; and (ii) a copy of the publication. CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 14