Classification (Advertising for Unclassified Films) Instrument 2005 (Cth)
Classification (Advertising for Unclassified Films) Instrument 2005
as amended
made under sections 31, 33 and 35 of the
Classification (Publications, Films and Computer Games) Act 1995
This compilation was prepared on 1 July 2007
taking into account amendments up to Classification (Advertising for Unclassified Films) Amendment Instrument 2007 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1Preliminary
1Name of Instrument [see Note 1] 4
2Commencement 4
3Revocation of Classification (Eligible Films) Determination 2002 4
4Definition 4
Part 2Conditions for eligible films
5Determination of condition — definition of eligible film 5
Part 3Certificates of exemption for eligible films
6Definitions 6
7Approval of number of certificates of exemption 6
8Conditions for granting certificates of exemption 6
Part 4Conditions for use of advertising matter for unclassified films
9Determination of conditions — use of advertising matter for unclassified films 8
10Transitional 8
Schedule 1Conditions — use of advertising matter for unclassified films 9
Part 1Preliminary 9
1.1Application of Schedule 1 9
1.2Definitions 9
1.3Explanation of what ‘TBC’ means 9
Part 2Display of exemption message 10
Division 2.1 Preliminary 10
2.1Display of exemption message 10
2.2Ceasing to display exemption message 10
2.3Screening of advertisements at screening of classified films 10
Division 2.2 General requirements for display of exemption message 11
2.4Colour of long exemption message boxes on printed advertisements 11
2.5Colour of long exemption message boxes displayed on screens 11
2.6Colour for short exemption message 11
2.7Height and position of tickers 11
2.8Font for text in long exemption message box 12
2.9Exemption messages to be legible 12
2.10Position of exemption message 12
2.11Format and proportion of long exemption message box 12
Division 2.3 Specific requirements for display of exemption message 12
2.12Film directories 12
2.13Print advertising — newspapers, magazines, flyers and posters 13
2.14Internet advertising 14
2.15Moving image advertisements 14
2.16Advertisements shown on small screens 15
2.17Long exemption message box 15
Notes 16
Part 1 Preliminary
Name of Instrument [see Note 1]
This Instrument is the Classification (Advertising for Unclassified Films) Instrument 2005.
Commencement
This Instrument commences on 1 January 2006.
Revocation of Classification (Eligible Films) Determination 2002
The Classification (Eligible Films) Determination 2002 is revoked.
Definition
In this Instrument:
Act means the Classification (Publications, Films and Computer Games) Act 1995.
Note The following terms used in this Instrument are defined in section 5 of the Act: advertisement, Board, classified, Code, Director and film. Eligible film is defined in section 31 of the Act.
Part 2 Conditions for eligible films
Determination of condition — definition of eligible film
For the definition of eligible film in section 31 of the Act, the condition is that it is reasonable to expect that the film will be classified G, PG, M or MA 15+.
Note The Code and the Guidelines for the Classification of Films and Computer Games set out the criteria for the different classification categories. Under section 9 of the Act, the Board must make classification decisions about films in accordance with the Code and Guidelines. The Code and Guidelines are available on the Internet: see 3 Certificates of exemption for eligible films
Definitions
In this Part:
20th Century Fox means the distributor the registered name of which is, on 1 January 2006, 20th Century Fox Film Distributors Pty Ltd.
Buena Vista International means the distributor the registered name of which is, on 1 January 2006, Buena Vista International.
independent distributor means a distributor or exhibitor other than 20th Century Fox, Buena Vista International, Roadshow, Sony Pictures Releasing and United International Pictures.
Roadshow means the distributor the registered name of which is, on 1 January 2006, Roadshow Film Distributors Pty Ltd.
Sony Pictures Releasing means the distributor the registered name of which is, on 1 January 2006, Sony Pictures Releasing Pty Limited.
United International Pictures means the distributor the registered name of which is, on 1 January 2006, United International Pictures Pty Ltd.
Universal Pictures International Australasia means a distributor the registered name of which is, on 1 July 2007, Universal Pictures International Australasia Pty Ltd.
Approval of number of certificates of exemption
For subsection 33 (3) of the Act, the Board may, in a calendar year, grant no more than 136 certificates of exemption.
Conditions for granting certificates of exemption
(1) The Board may, in a calendar year, grant to a distributor mentioned in an item of the following table no more than the number of certificates of exemption mentioned in the item.
Item
Distributor
Number of certificates
1 20th Century Fox 16 2 Buena Vista International 17 3 Roadshow 18 4 Sony Pictures Releasing 16 5 United International Pictures 18 6 Universal Pictures International Australasia 11 (2) The Board may, in a calendar year, grant a certificate of exemption to an independent distributor in relation to an eligible film if the total number of certificates granted to independent distributors in the calendar year does not exceed 40.
Note The distributor or exhibitor of an eligible film may apply to the Board for a certificate of exemption in relation to the film for advertising purposes. Under paragraph 32 (2) (b) of the Act, an application for a certificate of exemption must be in a form approved by the Director. The application form sets out the information and materials that a distributor or exhibitor must submit to the Board with the application. The form is available from the following website: 4 Conditions for use of advertising matter for unclassified films
Determination of conditions — use of advertising matter for unclassified films
For section 35 of the Act, the conditions are the conditions set out in Part 2 of Schedule 1.
Transitional
(1) This section applies to the use of advertising matter in relation to an eligible film:
(a) in relation to which a certificate of exemption is granted before 1 January 2006; and
(b) that, on 1 January 2006, has not been classified.
(2) The use of advertising matter mentioned in subsection (1) complies with Part 2 of Schedule 1 to this Instrument if it complies with the requirements of Part 2 of Schedule 1 to the Classification (Eligible Films) Determination 2002, as in force immediately before 1 January 2006.
Schedule 1 Conditions — use of advertising matter for unclassified films
(section 9)
Part 1 Preliminary
1.1 Application of Schedule 1
This Schedule applies to the use of advertising matter in relation to an eligible film in relation to which a certificate of exemption is granted on or after 1 January 2006.
1.2 Definitions
In this Schedule:
exemption message means the short exemption message or the long exemption message.
long exemption message means the phrases:
(a) ‘This film has advertising approval’; and
(b) ‘Check the classification closer to the release date’.
long exemption message box means a 2‑dimensional box that contains the long exemption message.
Note The long exemption message box is shown in the table in clause 2.17.
short exemption message means ‘TBC’.
ticker, in relation to a screened image, means the area used to give information about the lack of classification of the film concerned.
1.3 Explanation of what ‘TBC’ means
(1) TBC stands for ‘to be classified’.
(2) A requirement in this Schedule to include an explanation of what ‘TBC’ means is satisfied if the following words are included in the explanation: ‘This film has advertising approval. Check the classification closer to the release date’.
Note Explanations of what ‘TBC’ means may be required in relation to film directories and Internet advertising (see clauses 2.12 and 2.14).
Part 2 Display of exemption message
Division 2.1 Preliminary
2.1 Display of exemption message
(1) Subject to subclause (2) and clause 2.2, advertising matter must display an exemption message in accordance with this Part.
(2) The following need not display an exemption message:
(a) advertising matter in the form of a window cling, display bin or standee;
(b) a printed advertisement, for a film, that has an area of at least 300 cm2;
(c) an advertisement on the Internet that is contained within a rectangular area:
(i) each side of which is less than 176 pixels long; and
(ii) at least 2 sides of which are less than 128 pixels long.
Note A printed advertisement, for a film, that has an area of at least 300 cm2 may display an exemption message in accordance with subclauses 2.13 (3) and (4).
2.2 Ceasing to display exemption message
If an eligible film in relation to which a certificate of exemption has been granted is classified, advertising matter in relation to the film must cease to display an exemption message:
(a) for advertising matter in the form of a moving image on celluloid film — within 7 days (and preferably within 48 hours) after the person to whom the certificate was granted is notified of the classification; and
(b) for a printed advertisement that has an area of at least 300 cm2 — within 7 days (and preferably within 48 hours) after the person to whom the certificate was granted is notified of the classification; and
(c) for other advertising matter — within 48 hours after the person to whom the certificate was granted is notified of the classification.
Note For markings for advertisements for classified films, see the Classification (Markings for Films and Computer Games) Determination 2005. The Determination is available on the Internet: see Screening of advertisements at screening of classified films
(1) If it is reasonable to expect that an eligible film in relation to which a certificate of exemption has been granted will be classified M, advertising matter in relation to the film in the form of a moving image on celluloid film must not be made available by the distributor of the film for exhibition at a screening of a film classified G or PG.
(2) If it is reasonable to expect that an eligible film in relation to which a certificate of exemption has been granted will be classified MA 15+, advertising matter in relation to the film in the form of a moving image on celluloid film must not be made available by the distributor of the film for exhibition at a screening of a film classified G, PG or M.
Division 2.2 General requirements for display of exemption message
2.4 Colour of long exemption message boxes on printed advertisements
(1) This clause applies to a long exemption message box that is required to be displayed, or that is displayed under subclause 2.13 (3), on a printed advertisement for a film.
(2) The long exemption message box must be:
(a) if the advertisement is coloured — coloured in accordance with the CMYK or RGB values mentioned in the table in clause 2.17; and
(b) if the advertisement is black and white, or a combination of white and one colour:
(i) coloured in accordance with the CMYK or RGB values mentioned in the table in clause 2.17; or
(ii) black and white.
(3) For subparagraph (2) (b) (ii), the long exemption message box must be displayed in high contrast to the background on which it appears.
2.5 Colour of long exemption message boxes displayed on screens
A long exemption message box that is required to be displayed in relation to an advertisement that is displayed on a screen must be coloured in accordance with the RGB values mentioned in the table in clause 2.17.
2.6 Colour for short exemption message
(1) A short exemption message that is required to be displayed on a printed advertisement for a film or on a directory setting out times for screening must be in white text on a black background or in black text on a white background.
(2) A short exemption message that is required to be displayed on an advertisement on the Internet for a film must be displayed in high contrast to the background on which it appears.
2.7 Height and position of tickers
(1) The height of a ticker that is required to be displayed on a screen must be at least the greater of:
(a) 32 pixel lines; and
(b) 5% of the height of the active screen area of the presentation format.
(2) A ticker that is required to be displayed on a screen must be displayed in the area of the screen commonly known as the title‑safe area.
2.8 Font for text in long exemption message box
The long exemption message that is displayed in a long exemption message box must be printed in black Univers condensed regular type.
Note The long exemption message box is shown in the table in clause 2.17.
2.9 Exemption messages to be legible
An exemption message that is required to be displayed, or that is displayed under subclause 2.13 (3), must be displayed:
(a) so that the message is clearly legible and the typeface and colours are prominent and easily distinguishable from any other information, diagram or moving image with which the message is displayed; and
(b) if the advertisement is displayed on the Internet or on a screen — for a period that is sufficient to allow the exemption message to be read in full.
Note An exemption message that is required to be displayed on a screen must be displayed in accordance with clause 2.15 or 2.16.
2.10 Position of exemption message
(1) An exemption message that is required to be displayed, or that is displayed under subclause 2.13 (3), on a printed advertisement for a film:
(a) must appear in the lower left corner of the advertisement; and
(b) must not be obscured by other material displayed on the advertisement, by another advertisement, or by any other object or thing.
(2) If it is not practicable to comply with the requirement in paragraph (1) (a), the requirement is satisfied if the exemption message is displayed as close as practicable to the lower left corner.
2.11 Format and proportion of long exemption message box
A long exemption message box that is required to be displayed, or that is displayed under subclause 2.13 (3), must be in the format and proportions shown in the table in clause 2.17.
Division 2.3 Specific requirements for display of exemption message
2.12 Film directories
(1) A printed, backlit or electronic guide or directory setting out times for the screening of films must include the short exemption message for each film in relation to which an exemption certificate has been granted and that is listed in the guide or directory.
(2) The short exemption message must appear following the title of the film and in text at least the same height as the title of the film.
(3) A printed guide or directory must include, in a key or legend for the guide or directory, in text at least 2 mm high, an explanation of what ‘TBC’ means.
(4) An electronic guide or directory (other than a guide or directory at a cinema) must include, where practicable, a key or legend, or a link to a key or legend, that includes an explanation of what ‘TBC’ means.
Note See subclause 1.3 (2) in relation to an explanation of what ‘TBC’ means.
2.13 Print advertising — newspapers, magazines, flyers and posters
Area less than 75 cm2
(1) A printed advertisement, for a film, that has an area of less than 75 cm2 must display the short exemption message in text at least 5 mm high.
Area at least 75 cm2 and less than 300 cm2
(2) A printed advertisement, for a film, that has an area of at least 75 cm2 and less than 300 cm2 must display the long exemption message box:
(a) in a height of at least 10 mm; and
(b) in a width of at least 31 mm; and
(c) with text in a point size of at least 5.5.
Area at least 300 cm2
(3) A printed advertisement, for a film, that has an area of at least 300 cm2 may display the long exemption message box.
(4) If the distributor or exhibitor of a film decides to display the long exemption message box on a printed advertisement that has an area of at least 300 cm2, the long exemption message box must be displayed in at least the dimensions mentioned in the following table in relation to the area of the advertisement.
Item
Area of printed advertisement (cm2)
Dimensions of long exemption message box (mm)
Point size for text in long exemption message box
Height
Width
1 At least 300 and less than 1 245 15 47 8.25 2 At least 1 245 and less than 2 490 20 62 11 3 At least 2 490 and less than 4 990 30 93 16.5 4 At least 4 990 and less than 9 990 40 124 22 5 At least 9 990 50 155 27.5 2.14 Internet advertising
(1) An advertisement on the Internet for a film (other than an advertisement mentioned in subclause 2.15 (1) or (2)) must:
(a) display the long exemption message box; or
(b) both:
(i) display the short exemption message; and
(ii) if practicable, include a key or legend, or a link to a key or legend, that includes an explanation of what ‘TBC’ means.
Note See subclause 1.3 (2) in relation to an explanation of what ‘TBC’ means.
(2) Subject to subclause (3), the exemption message required under subclause (1) must appear in the lower left corner of the advertisement or in another prominent location in or near the advertisement.
(3) If the advertisement includes both moving and still images, the exemption message must appear on the still image.
2.15 Moving image advertisements
Medium other than celluloid
(1) A moving image (other than on celluloid film), of not more than 60 seconds duration, that advertises a film must include:
(a) at the beginning of the advertisement — a moving image, shown for at least 3 seconds, that includes the long exemption message in a height of at least 15% of the height of the active screen area of the presentation format; or
(b) during the advertisement — a ticker, shown for at least 10 seconds, that includes the long exemption message.
(2) A moving image (other than on celluloid film), of more than 60 seconds duration, that advertises a film must include:
(a) at the beginning of the advertisement — a moving image, shown for at least 10 seconds, that includes the long exemption message in a height of at least 15% of the height of the active screen area of the presentation format; or
(b) during the advertisement — a ticker, shown for at least 10 seconds, that includes the long exemption message.
Celluloid
(3) A moving image on celluloid film, of not more than 60 seconds duration, that advertises a film must include, at the beginning of the advertisement, a moving image that includes the long exemption message, shown for at least 3 seconds.
(4) A moving image on celluloid film, of more than 60 seconds duration, that advertises a film must include, at the beginning of the advertisement, a moving image that includes the long exemption message, shown for at least 10 seconds.
2.16 Advertisements shown on small screens
(1) This clause applies to a moving image:
(a) that advertises a film; and
(b) that is shown on a screen with a presentation format of less than 300 pixel lines in height.
(2) The advertisement must:
(a) comply with subclause 2.15 (1) or (2); or
(b) include, as soon as practicable after the beginning of the advertisement, a still or moving image that includes the long exemption message in a height of at least 5% of the height of the active screen area of the presentation format.
2.17 Long exemption message box
(1) In this clause, a box that is superimposed on a black background does not include the black background.
(2) The long exemption message box is shown in the following table.
| Item | Long exemption message box | CMYK values | RGB values |
| 1 | C 0 M 50 Y 100 K 0 | R 255 G 127 B 0 |
(3) Despite subclause 2.17 (2), an advertisement for an unclassified film may continue to display the long exemption message box in effect immediately before 1 July 2007 for a period of 6 months after that date.
Notes to the Classification (Advertising for Unclassified Films) Instrument 2005
Note 1
The Classification (Advertising for Unclassified Films) Instrument 2005 (in force under sections 31, 33 and 35 of the Classification (Publications, Films and Computer Games) Act 1995) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of FRLI registration | Date of | Application, saving or |
| Classification (Advertising for Unclassified Films) Instrument 2005 | 14 Dec 2005 (see F2005L04031) | 1 Jan 2006 | |
| Classification (Advertising for Unclassified Films) Amendment Instrument 2007 (No. 1) | 29 June 2007 (see F2007L02057) | 1 July 2007 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Part 3 | |
| S. 6......................................... | am. 2007 No. 1 |
| S. 7......................................... | am. 2007 No. 1 |
| S. 8......................................... | am. 2007 No. 1 |
| Note to s. 8 (2)...................... | am. 2007 No. 1 |
| Schedule 1 | |
| Schedule 1............................ | am. 2007 No. 1 |
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