Classification (Publications, Films and Computer Games) Act 1995 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Classification (Publications, Films and Computer Games) Act 1995 .
(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 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.
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.
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 , theAustralian Broadcasting Corporation Act 1983 or theSpecial Broadcasting Service Act 1991 are taken to be classified by the Board in some circumstances.A publication, film or computer game may be classified:
(a) by the Classification Board, on application; or
(b) 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 , theAustralian Broadcasting Corporation Act 1983 or theSpecial 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.
Note: 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.
(1) This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
(2) 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:
(a) an act or omission that is an offence against a provision of this Act; or
(b) a similar act or omission;
an offence against the law of the State or Territory.
(3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
(a) provides for a penalty for the offence that differs from the penalty provided for in this Act;
(b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Act;
(c) 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 theAustralian 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:
(a) additional scenes for the classified film or exempt film (such as alternative endings or deleted scenes); and
(b) a film of the making of the classified film or exempt film; and
(c) interviews with, and commentaries by, directors, actors and other persons involved with the making of the classified film or exempt film; and
(d) such other material as is prescribed by the regulations;
but does not include:
(e) a work; or
(f) 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:
(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 the internet;
but does not include:
(d) advertising for an exempt film or exempt computer game; or
(da) 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
(e) advertising, in an imported publication, for a publication, film or computer game that has not been published in Australia; or
(f) 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(g) advertising by means of a product:
(i) that refers to or is derived from the publication, film or computer game; and
(ii) that is primarily intended to be sold or distributed to the general public or to a section of the general public; and
(iii) 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.Note: Certain films classified under the
Broadcasting Services Act 1992 , theAustralian Broadcasting Corporation Act 1983 or theSpecial 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:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) within a Territory; or
(e) 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:
(a) for a film—M or a higher classification; or
(b) 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 theGovernance of Australian Government Superannuation Schemes Act 2011 .
decision means a decision of the Board:
(a) 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
(b) to determine the consumer advice to apply to a publication, film or computer game; or
(c) 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
(d) to assess or refuse to assess the likely classification of an unclassified film or an unclassified computer game; or
(da) to revoke an assessment of the likely classification of an unclassified film or an unclassified computer game; or
(e) to decline to deal with or to deal further with an application under this Act; or
(f) to make or refuse to make a declaration under subsection 13(3); or
(g) to revoke such a declaration; or
(h) to impose a condition under section 13A; or
(i) to revoke the classification of a film or computer game under section 21A; or
(ia) to revoke the classification of a film under section 21AA; or
(ib) to revoke the classification of a computer game under section 21AC; or
(j) 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:
(a) by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory; and
(b) 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) a computer game; or
(b) an advertisement for a publication, a film or a computer game.
Finance Minister means the Minister administering thePublic Governance, Performance and Accountability Act 2013 .
government body means:
(a) a department of the Commonwealth, a State or a Territory; or
(b) an agency or authority of the Commonwealth, a State or a Territory; or
(c) 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:
(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.
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 issubject 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:
(a) are likely to cause the publication to be classified RC; or
(b) 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
(c) are unsuitable for a minor to see or read.
temporary member means a person appointed under section 50.
work means:
(a) a cinematic composition that appears to be:
(i) self‑contained; and
(ii) produced for viewing as a discrete entity; or
(aa) a television program; or
(b) a computer game that is produced for playing as a discrete entity;
but does not include an advertisement.
(1) 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.(2) A computer program, data associated with a computer program or a computer program and any associated data that:
(a) is capable of generating new elements or additional levels into a game (the
original game ) that is a computer game under subsection (1); and(b) is contained in a device separate from that containing the original game;
is also a
computer game .
(3) However, a
computer game does not include an advertisement for a publication, film or computer game.
(1) For the purposes of this Act,
social sciences means the following fields:
(a) economics;
(b) geography;
(c) anthropology;
(d) linguistics;
(e) such other fields (if any) as are specified in an instrument under subsection (2).
(2) The Minister may, by legislative instrument, specify fields for the purposes of paragraph (1)(e).
(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 .
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: 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 , theAustralian Broadcasting Corporation Act 1983 or theSpecial 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.
(1) Subject to subsection (3), a film specified in this table is an
exempt film . Applications for classification of exempt films are not necessary.
1 | Business | A film of a promotional, technical or similar nature for use in the course of a business or trade |
2 | Accounting | A film for use in the keeping or verification of accounts |
3 | Professional | A film of a promotional, technical or similar nature for use in the course of a profession |
4 | Scientific | A film for use pursuant to a branch of knowledge conducted on objective principles involving the systemised observation of, and experiment with, phenomena |
5 | Educational | A film whose main purpose is for training, instruction or reference, as a manual, a lesson, an encyclopaedia or a guide |
6 | Current affairs | A film wholly or mainly comprising news reports or information about, or analysis of, current issues or events of public interest or importance |
7 | Hobbyist | A film wholly or mainly comprising a documentary record of a hobby or activity |
8 | Sporting | A film wholly or mainly comprising a documentary record of a sporting event |
9 | Family | A film wholly or mainly comprising a documentary record of a family event or activity |
10 | Live performance | A film wholly or mainly comprising a documentary record of a live artistic performance or that is used within such a performance |
11 | Musical presentation | A film wholly or mainly comprising a musical presentation |
12 | Religious | A film wholly or mainly comprising a documentary record of a religious event or activity |
13 | Community or cultural | A film wholly or mainly comprising a documentary record of a community or cultural activity or event |
14 | Social sciences | A film wholly or mainly comprising information about, or analysis of, subjects relating to the social sciences |
15 | Natural history | A natural history film, or any film depicting wholly or mainly natural scenery |
16 | Language other than English | A film to which all of the following apply:
(c) the film is published in a physical format;
|
(2) Subject to subsection (3), a computer game is an
exempt computer game if it forms part of or is included in computer software specified in this table. Applications for classification of exempt computer games are not necessary.
1 | Business | Software for use in the course of a business or trade |
2 | Accounting | Software for use in the keeping or verification of accounts |
3 | Professional | Software for use in the course of a profession |
4 | Scientific | Software for use pursuant to a branch of knowledge conducted on objective principles involving the systemised observation of, and experiment with, phenomena |
5 | Educational | Software whose main purpose is for training, instruction or reference, as a manual, a lesson, an encyclopaedia or a guide |
Exceptions
(3) However, a film or computer game is not an
exempt film or anexempt computer game if it contains:
(a) an advertisement that has been refused approval; or
(b) an advertisement for an unclassified film or an unclassified computer game:
(i) that has been assessed in accordance with section 31 or under section 33 as being likely to be classified M or a higher classification; or
(ii) the likely classification of which has not been assessed in accordance with section 31 or under section 33; or
(c) an advertisement for a film, or for a computer game, that has been classified M or a higher classification; or
(d) material that would be likely to cause the film or computer game to be classified M or a higher classification.
If:
(a) a publication, film or computer game (the
relevant material ) is demonstrated, exhibited or screened (therelevant showing ) as part of a registered event; and(b) the relevant material, if it were classified, would not be likely to be classified RC, X 18+ or Category 2 restricted; and
(c) in the case of relevant material that, if it were classified, would be likely to be classified M or MA 15+—persons aged under 15 years are not present at the relevant showing unless accompanied by an adult; and
(d) in the case of relevant material that, if it were classified, would be likely to be classified R 18+ or Category 1 restricted—only persons aged 18 years and over are present at the relevant showing; and
(e) the relevant material has not already been demonstrated, exhibited or screened more than the number of times specified in the conditional cultural exemption rules; and
(f) the information, about the relevant material, that is prescribed by the conditional cultural exemption rules is given, in the manner and form prescribed by the conditional cultural exemption rules, to the persons present at the relevant showing; and
(g) the conditions (if any) specified in the conditional cultural exemption rules are satisfied;
the relevant material is
subject to a conditional cultural exemption , but only in relation to the relevant showing.
An event is a
registered event if:
(a) the event wholly or mainly involves, or wholly or mainly relates to, one or more of the following:
(i) the display or screening of films;
(ii) the display or demonstration of computer games;
(iii) the display or exhibition of publications; and
(b) the films, computer games, or publications (as the case may be) referred to in paragraph (a) are of a medical, scientific, educational, cultural or artistic character; and
(c) the event is organised by an organisation that has, in relation to the event, completed the registration process prescribed by the conditional cultural exemption rules; and
(d) the organisation has, in relation to the event, paid the fee (if any) prescribed by the conditional cultural exemption rules; and
(e) the conditions (if any) specified in the conditional cultural exemption rules are satisfied.
If:
(a) a publication, film or computer game (the
relevant material ) is demonstrated, exhibited or screened (therelevant showing ) by an approved cultural institution; and(b) the relevant material, if it were to be classified, would not be likely to be classified RC, X 18+ or Category 2 restricted; and
(c) in the case of relevant material that, if it were classified, would be likely to be classified M or MA 15+—persons aged under 15 years are not present at the relevant showing unless accompanied by an adult; and
(d) in the case of relevant material that, if it were classified, would be likely to be classified R 18+ or Category 1 restricted—only persons aged 18 years and over are present at the relevant showing; and
(e) the information, about the relevant material, that is prescribed by the conditional cultural exemption rules is given, in the manner and form prescribed by the conditional cultural exemption rules, to the persons present at the relevant showing; and
(f) the conditions (if any) specified in the conditional cultural exemption rules are satisfied;
the relevant material is
subject to a conditional cultural exemption , but only in relation to the relevant showing.
(1) An organisation is an
approved cultural institution if:
(a) the organisation was formed wholly or mainly for the purpose of carrying on activities of an educational, cultural or artistic nature; and
(b) the organisation wholly or mainly carries on activities of an educational, cultural or artistic nature; and
(c) the organisation has a sound reputation in relation to the carrying on of those activities; and
(d) the organisation does not demonstrate, exhibit or screen unclassified publications, films or computer games that, if classified, would be likely to be classified RC, X 18+ or Category 2 restricted; and
(e) the organisation has satisfied the training requirements prescribed by the conditional cultural exemption rules; and
(f) the organisation has paid the fee (if any) prescribed by the conditional cultural exemption rules; and
(g) the conditions (if any) specified in the conditional cultural exemption rules are satisfied.
(2) An organisation is an
approved cultural institution if:
(a) the organisation is a government body; and
(b) the organisation does not demonstrate, exhibit or screen unclassified publications, films or computer games that, if classified, would be likely to be classified RC, X 18+ or Category 2 restricted; and
(c) the organisation has satisfied the training requirements prescribed by the conditional cultural exemption rules; and
(d) the organisation has paid the fee (if any) prescribed by the conditional cultural exemption rules; and
(e) the conditions (if any) specified in the conditional cultural exemption rules are satisfied.
The Minister may, by legislative instrument, make rules (the
conditional cultural exemption rules ) prescribing matters:
(a) required or permitted by this Division to be prescribed by the conditional cultural exemption rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Division.
(1) The Director may, if the Director considers it appropriate to do so:
(a) exempt a particular publication, film, computer game, event or organisation from any or all provisions of this Division or of the conditional cultural exemption rules; or
(b) declare that any or all provisions of this Division or of the conditional cultural exemption rules apply subject to such modifications as are set out in the declaration in relation to a particular publication, film, computer game, event or organisation.
(2) An exemption or declaration under subsection (1) may only be made on application by the relevant organisation.
(3) An application under subsection (2) must:
(a) be in a form approved, in writing, by the Director; and
(b) be accompanied by the prescribed fee (if any).
(4) An exemption or declaration under subsection (1):
(a) must be in writing; and
(b) is not a legislative instrument.
(5) The Director may, by legislative instrument:
(a) exempt a specified class of publications, films, computer games, events or organisations from any or all provisions of this Division or of the conditional cultural exemption rules; or
(b) declare that any or all provisions of this Division or of the conditional cultural exemption rules apply subject to such modifications as are set out in the declaration in relation to a specified class of publications, films, computer games, events or organisations;
if the Director considers it appropriate to do so.
(6) Applications may be made to the Administrative Review Tribunal for review of decisions of the Director under subsection (1).
6HA Certain films classified under certain other Acts are taken to be classified under this Act
(1) A film is taken to have been classified by the Board under this Act if:
(a) the film has been classified under the
Broadcasting Services Act 1992 , theAustralian Broadcasting Corporation Act 1983 or theSpecial Broadcasting Service Act 1991 at R18+ or a lower classification; and(b) the film has not previously been classified under this Act; and
(c) after the film has been classified under the
Broadcasting Services Act 1992 , theAustralian Broadcasting Corporation Act 1983 or theSpecial Broadcasting Service Act 1991 , a person (thepost‑classification publisher ) proposes to publish the film.Note 1: This Act does not apply to the broadcasting of the film: see section 92.
Note 2: The deemed classification by the Board is reviewable under Part 5. The post‑classification publisher may also seek to have the film reclassified under Part 2: see section 6HB.
(2) The film is taken to have the same classification as the classification under the
Broadcasting Services Act 1992 , theAustralian Broadcasting Corporation Act 1983 or theSpecial Broadcasting Service Act 1991 that occurred most recently before the post‑classification publisher proposes to publish the film.(3) The classification under this Act takes effect:
(a) if the post‑classification publisher is an entity that is licenced to provide broadcasting services under the
Broadcasting Services Act 1992— at the time the post‑classification publisher proposes to publish the film; or(aa) if the post‑classification publisher is the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation—at the time the post‑classification publisher proposes to publish the film; or
(b) otherwise—at the time the post‑classification publisher provides a notice of the classification under subsection (4).
Notice of classification
(4) A notice for the purposes of paragraph (3)(b) must:
(a) include details of the classification and the post‑classification publisher; and
(b) be in a form approved by the Secretary of the Department.
Exceptions
(5) Subsection (1) does not apply to a film if:
(a) the film is a modified version of the film classified under the
Broadcasting Services Act 1992 , theAustralian Broadcasting Corporation Act 1983 or theSpecial Broadcasting Service Act 1991 (other than a film that only has modifications of a kind referred to subsection 21(2) or (3)); or(b) the film contains an advertisement that has been refused approval under this Act.
If:
(a) a film is taken to have been classified by the Board under this Act under section 6HA; and
(b) the post‑classification publisher of the film considers that the classification is not in accordance with the Code or the classification guidelines; and
(c) the classification of the film has not been reviewed under Part 5; and
(d) film has not been reclassified under Part 4 or reclassified under Part 2 due to a previous operation of this section;
then, despite any other provision of this Act, the film may be reclassified under Part 2.
There are different types of classifications for publications, films and computer games.
The Minister may determine markings for each type of classification, as well as principles about the display of markings and of consumer advice for classified material.
Classified material, and advertisements for classified material, must display markings and consumer advice in accordance with the Minister’s determination.
It is an offence to use markings for classifications in particular circumstances.
A publication, film or computer game may be classified:
(a) by the Classification Board, on application; or
(b) 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.
Consumer advice must be determined for each classified film or computer game. Consumer advice may be determined for certain publications and must be determined for a publication classified by the operation of an approved classification tool.
If a film or computer game is modified in specified ways and is then classified in unmodified form, 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.
A classified film or computer game must have its classification revoked by the Board in certain circumstances.
The Director of the Board may 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.
Publications, films and computer games that are classified by the Board must be issued with a classification certificate. Applications may be made to the Director for a certificate for publications, films and computer games that are classified by the operation of an approved classification tool.
(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 15+ Mature Accompanied
R 18+ Restricted
X 18+ Restricted
RC Refused Classification.
(3) The following are the different types of classifications for computer games in ascending order:
G General
PG Parental Guidance
M Mature
MA 15+ Mature Accompanied
R 18+ Restricted
RC Refused Classification.
(4) In subsections (1) to (3), text that is not in bold is included by way of explanation and does not form part of the classification.
(1) The Minister may, by legislative instrument, determine:
(a) markings for each type of classification giving information about the classification; and
(b) principles relating to the display of the markings; and
(c) principles relating to the display of consumer advice for publications, films and computer games.
(1A) Without limiting paragraph (1)(b), the Minister may determine principles relating to the manner in which the markings are to be displayed.
(1B) Without limiting paragraph (1)(c), the Minister may determine principles relating to the manner in which consumer advice is to be displayed.
(2) A determination may specify additional material for markings for an add‑on.
(3) A determination may specify additional material for markings for a publication that has been classified subject to a condition under section 13A.
(3A) Each of the following must display markings and consumer advice in accordance with any determinations under this section:
(a) a classified film;
(b) a classified computer game;
(c) a classified publication;
(d) an advertisement for such a film, computer game or publication.
Note: Provisions dealing with the consequences of not displaying markings and consumer advice in accordance with a determination under this section are to be found in complementary laws of the States and Territories.
(3B) Subsection (3A) applies to:
(a) a film, computer game or publication; or
(b) an advertisement for a film, computer game or publication;
(the
relevant material ) where:
(c) the publisher of the relevant material is a constitutional corporation; or
(d) the relevant material is published in the course of, or in relation to, constitutional trade or commerce; or
(e) the relevant material is published in the course of, or in relation to, the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth; or
(f) the relevant material is published using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
(g) the relevant material is published in a Territory or in a Commonwealth place.
Using a determined marking in relation to certain goods
(1) A person commits an offence if:
(a) the person, in trade or commerce, uses a marking in relation to goods; and
(b) the marking is a determined marking; and
(c) the goods are not:
(i) a publication, film or computer game; or
(ii) goods used to promote a publication, film or computer game that has the classification for that marking.
Penalty: 20 penalty units.
Using a determined marking in relation to certain services
(2) A person commits an offence if:
(a) the person, in trade or commerce, uses a marking in relation to a service; and
(b) the marking is a determined marking; and
(c) the service is not for the purposes of the classification system provided for by this Act or a corresponding law of a State or Territory.
Penalty: 20 penalty units.
Selling etc. certain goods with a determined marking
(3) A person commits an offence if:
(a) a determined marking is used in relation to goods; and
(b) the person does any of the following with the goods:
(i) imports them into Australia for sale;
(ii) sells them;
(iii) offers them for sale;
(iv) lets them on hire; and
(c) the goods are not:
(i) a publication, film or computer game; or
(ii) goods used to promote a publication, film or computer game that has the classification for that marking.
Penalty: 20 penalty units.
Extended meaning of determined marking
(4) For the purposes of this section, a determined marking includes a marking so closely resembling a determined marking as to be likely to be mistaken for it.
Constitutional reach
(5) This section has effect only if one or more of the following paragraphs applies:
(a) the conduct constituting the offence occurs to any extent outside Australia;
(b) the conduct constituting the offence occurs within a Territory or a Commonwealth place;
(c) the goods belong to a constitutional corporation;
(d) the person is a constitutional corporation;
(e) the goods are provided in the course of, or intended for, constitutional trade or commerce;
(f) the conduct constituting the offence is for the purposes of constitutional trade or commerce;
(g) the conduct constituting the offence involves the use of postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution).
The Minister may, in writing, approve a form for a notice about classifications.
Note: Provisions that require sellers and exhibitors of classified material to display a notice about classifications where the material is sold or exhibited can be found in complementary laws of the States and Territories.
Subject to section 9A, publications, films and computer games are to be classified in accordance with the Code and the classification guidelines.
(1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.
(2) Subject to subsection (3), for the purposes of this section, a publication, film or computer game
advocates the doing of a terrorist act if:
(a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the
Criminal Code ) that the person might suffer) to engage in a terrorist act.(3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(4) In this section:
terrorist act has the meaning given by section 100.1 of theCriminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).Note: The definition of
terrorist act in that section covers actions or threats of actions.
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.
(1) The Minister may, with the agreement of each participating Minister, determine guidelines to assist 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 .
12A Board to determine list of consumer advice terms
(1) The Board may, by legislative instrument, determine:
(a) a list of consumer advice terms, to be used in determining consumer advice for a film or computer game; and
(b) guidelines to assist in the use of such terms.
(2) A determination under subsection (1) must not commence before the day that is 3 months, or such longer period prescribed by the regulations, after the day the determination is registered under the
Legislation Act 2003 .
Despite any other provision of this Act, a film:
(a) that is contained on one device; and
(b) that consists only of 2 or more classified films;
is to be treated, for the purposes of this Act, as if each of the classified films were on a separate device.
In classifying a publication, film or computer game under this Act, assume that the publication, film or game will be published only in the form in which it is considered for classification.
(1) A publication must not be classified if it contains an advertisement that has been refused approval.
(2) An unclassified film (the
first film ) or unclassified computer game (thefirst game ) must not be classified if it:
(a) contains an advertisement for a film or computer game with a higher classification than the classification the first film or first game would be given if it did not contain the advertisement; or
(b) contains an advertisement for an unclassified film or unclassified computer game:
(i) that has been assessed in accordance with section 31 or under section 33 as being likely to have a higher classification than the classification the first film or first game would be given if it did not contain the advertisement; or
(ii) the likely classification of which has not been assessed in accordance with section 31 or under section 33; or
(c) contains an advertisement that has been refused approval.
(3) Subsection (1) or (2) does not prevent a publication, film or computer game from being classified by the Board if the application for the classification is an enforcement application.
A person may apply to the Board for the classification of a publication, film or a computer game for the Australian Capital Territory.
(1) An application for classification of a publication (other than an enforcement application—see section 22A) 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.
Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.
(2) If an application is made for classification of a publication that is an issue of a periodical (the
original issue ), the applicant may request that the classification granted for the original issue apply also to all or some future issues.(3) The Board may, if the applicant pays the prescribed fee (if any), declare that the classification granted for the original issue applies also to:
(a) all future issues; or
(b) a specified number of future issues; or
(c) all future issues published within a specified period.
(4) In deciding whether to make a declaration under subsection (3), the Board must have regard to written principles determined by the Director and agreed to by the Minister. The Minister may only agree to the principles if the Minister has consulted the participating Ministers about them.
(5) If the Board makes a declaration under subsection (3) for some or all future issues of a publication and the Board is of the opinion that an issue of the publication covered by the declaration:
(a) contains material that, if the issue were being classified separately, would cause it to be classified with a higher classification than the original issue; or
(b) contains an advertisement that has been refused approval;
the Board must revoke the declaration so far as it affects that issue and any future issues. The Board must also revoke approval of any approved advertisement for those issues of the publication.
(1) The Board may, if it classifies a publication Unrestricted, impose a condition that it not be sold, displayed for sale or delivered unless it is contained in a sealed package.
(2) The Board may, if it classifies a publication Category 1 restricted, impose a condition that it not be sold, displayed for sale or delivered unless it is contained in a sealed package made of plain, opaque material.
General rules
(1) An application for classification of a film (other than an enforcement application—see section 22A) 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:
(ia) a copy of the film; and
(i) the prescribed fee for that category of film; and
(ii) 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.
Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.
(2) 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.
Additional rule for films comprising computer generated images
(4) If:
(a) 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
(b) the recording enables a person using it to choose from 2 or more visual images the image that will be viewed;
the application must include particulars of any contentious material in the film and of the means by which access to that material may be gained.
(4A) 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.
Additional rules for films comprising classified films, exempt films and additional content
(5) If:
(a) an application is for classification of a film that comprises:
(i) one or more classified films and additional content; or
(ii) one or more classified films, one or more exempt films and additional content; or
(iii) one or more exempt films and additional content; and
(b) 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
(c) a notice under section 22H is not in force in relation to the applicant;
the applicant may also submit with the application an assessment of the additional content prepared by an additional content assessor and signed by, or on behalf of, the applicant.
(6) An assessment under subsection (5) must:
(a) 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
(b) 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
(c) if the film does not include a classified film—describe, and report on the impact of, all classifiable elements in the additional content; and
(d) recommend a classification of the additional content; and
(e) recommend consumer advice appropriate to the additional content; and
(f) deal with any other matter prescribed by the regulations.
(7) 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.
(8) 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:
(a) 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;
(b) 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;
(c) the film does not include a classified film.
(1) If:
(a) an application is made for the classification as a film of a recording that contains a computer generated image; and
(b) the Board is of the opinion that the recording is more appropriately dealt with as a computer game having regard to:
(i) the definition of
computer game in section 5A; and(ii) the degree of interactivity involved; and
(iii) the nature of the visual images produced;
the Board must decline to deal with the application.
(1A) If:
(a) an application is made for the classification of material as a computer game; and
(b) the Board is of the opinion that the material is more appropriately dealt with as a film having regard to:
(i) the definition of
film in section 5; and(ii) whether, or the extent to which, the material is or involves an interactive game;
the Board must decline to deal with the application.
(2) If the Board declines to deal with the application under this section, the Director must, within 14 days after the decision is made:
(a) notify the applicant in writing of the decision and of the reasons for the decision; and
(b) if the application is not an enforcement application—invite the applicant to provide the additional material that is necessary for an application for classification of a computer game or of a film, as the case requires.
(3) If the application is not an enforcement application, the Board must deal with the application as an application for classification of a computer game or of a film, as the case requires, after receiving the additional material and fee required.
Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.
(4) If the application is an enforcement application, the Board must deal with the application as an application for classification of a computer game or of a film, as the case requires, after receiving the applicant’s request that the Board do so. The applicant must pay any additional fee on or after making the request.
Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.
(1) If:
(a) an application is made for classification of a film or computer game; and
(b) the film or game is contained on more than one device and each device contains a separate work;
the Board may decline to deal with the application.
(2) If the Board declines to deal with the application under this section, the Director must, within 14 days after the decision is made:
(a) notify the applicant in writing of the decision and of the reasons for the decision; and
(b) invite the applicant to submit an application for classification of each work as a separate film or computer game.
(1) An application for classification of a computer game (other than an enforcement application—see section 22A) 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
(ca) accompanied by a copy of the game unless the game is an amusement or circuit board game that, in the opinion of the Board, is physically impracticable to submit to the Board’s premises for classification; and
(cb) if the application is for classification of a computer game that is an add‑on—accompanied by a copy of the computer game into which the add‑on is capable of generating new elements or additional levels; and
(d) accompanied by the prescribed fee for that category of game; and
(e) accompanied by a document setting out:
(i) the title of the game; and
(ii) the year of production; and
(iii) the name of the publisher; and
(iv) the country of origin; and
(v) a description of game play.
Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.
(2) If any part of a computer game is likely to be regarded as containing contentious material, the application must also be accompanied by:
(a) particulars of that material and of the means by which access to it may be gained; or
(b) a separate recording of that material.
(2AA) Subsection (2) does not apply to an application for the classification of a computer game if the application is made only because the computer game became unclassified under section 21 because of a modification that consists only of a change to the title of the computer game.
(2A) If the application is for a computer game that is an add‑on, the Board must classify the add‑on with the computer game into which the add‑on is capable of generating new elements or additional levels.
(3) If:
(a) the applicant is of the opinion that the game would, if classified, be classified G, PG or M; and
(b) a notice under section 17C is not in force in relation to the applicant;
the applicant may also submit with the application:
(c) an assessment of the computer game, signed by or on behalf of the applicant and prepared by a person authorised by the Director for the purpose; and
(d) a copy of any advertisement that is proposed to be used to advertise the game.
(3A) An assessment under subsection (3) must:
(a) describe, and report on the impact of, any classifiable elements in the game; and
(b) recommend a classification of the game; and
(c) recommend consumer advice appropriate to the game.
(4) If the Director or the Board disagrees with the recommended classification, the Director must give a notice in writing to the applicant:
(a) stating the particulars of the disagreement; and
(b) inviting 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.
(1) Subject to subsection (2), the Director may, in writing, authorise a person for the purpose of subsection 17(3) if the person has completed training approved by the Director in the making of assessments.
(2) The Director must not authorise a person for the purposes of subsection 17(3) if a notice under section 17B, 17C, 22F, 22H or 22Q is in force in relation to the person.
(1) The Director may revoke an authorisation given to a person for the purpose of subsection 17(3) if the Director is satisfied that one or more of the conditions mentioned in subsection (2) apply to the person.
(2) The conditions are as follows:
(a) the person has prepared an assessment of a computer game that contains classifiable elements that:
(i) were not brought to the Board’s attention in accordance with paragraph 17(3A)(a) before the classification was made; or
(ii) were brought to the Board’s attention in accordance with paragraph 17(3A)(a) before the classification was made but the assessment of the elements was misleading, incorrect or grossly inadequate;
(b) if the Director has requested that the person complete further training approved by the Director in the making of assessments of computer games—the person has not completed the training;
(c) the person has prepared at least 2 assessments under subsection 17(3) which contain misleading, incorrect or grossly inadequate information;
(d) any other conditions prescribed by the regulations.
Note: The regulations may prescribe circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate, or to contain misleading, incorrect or grossly inadequate information: see subsection 93(2).
(1) The Director may give a written notice to a person if the Director is satisfied that:
(a) both of the following apply:
(i) the Board classified a computer game taking into account an assessment of the computer game prepared by the person;
(ii) the Board has revoked the classification of the game under section 21A or 21AC; or
(b) the person has prepared at least 2 assessments under subsection 17(3) which contain misleading, incorrect or grossly inadequate information.
Note 1: If the Director gives a notice to a person under this subsection, the person cannot be authorised to prepare assessments of computer games while the notice remains in force: see subsection 17AA(2).
Note 2: The regulations may prescribe circumstances in which an assessment is taken to contain misleading, incorrect or grossly inadequate information: see subsection 93(2).
(2) The notice takes effect from the date specified in the notice and continues in force for the period specified in the notice. The period must not exceed 3 years.
(1) The Director may give a written notice to a person if:
(a) the person has submitted at least 2 applications that were accompanied by assessments under subsection 17(3); and
(b) the assessments contained misleading, incorrect or grossly inadequate information; and
(c) as a result of those assessments, the Director revoked the authorisation of the person who prepared them (see section 17A).
Note 1: If the Director gives a notice to a person under this subsection, the person cannot submit an assessment of a computer game with an application for classification of the game while the notice remains in force: see subsection 17(3).
Note 2: The regulations may prescribe circumstances in which an assessment is taken to contain misleading, incorrect or grossly inadequate information: see subsection 93(2).
(2) The notice takes effect from the date specified in the notice and continues in force for the period specified in the notice. The period must not exceed 3 years.
Applications may be made to the Administrative Review Tribunal for review of decisions of the Director under section 17A, 17B or 17C.
(1) The Board may decline to deal with an application for classification of a film or a computer game, or decline to deal further with the application, unless:
(a) the applicant:
(i) provides a copy of the film or game for screening or demonstration before the Board; or
(ii) for an amusement or circuit board game referred to in paragraph 17(1)(ca) or subsection 22A(3)—allows the Board access to the game; and
(b) in the opinion of the Board, the copy of the film or game provided is complete and is adequate to allow a proper consideration of the application.
(1A) The Board may decline to deal with an application for classification of an interactive film, or decline to deal further with the application, unless the applicant demonstrates the film before the Board.
(2) The Board may decline to deal with an application for classification of a computer game, or decline to deal further with the application, unless the applicant demonstrates the computer game before the Board.
(3) The Director must notify the applicant in writing of a decision under subsection (1), (1A) or (2).
(4) The applicant and not more than 4 representatives of the applicant, and any other persons approved by the Director, are entitled to be present at a screening or demonstration.
(5) A screening or demonstration must take place at a reasonable time and place specified by the Director.
(6) The Director may keep the copy of the film or game or, if the Director and the applicant agree, another copy of the film or game, for as long as the Director requires.
(7) Neither the Commonwealth nor a member is liable for any damage caused to a copy of a film or a computer game as a result of a screening or a demonstration.
(1) If the Board:
(a) classifies a film G, PG, M, MA 15+, R 18+ or X 18+; or
(b) classifies a computer game G, PG, M, MA 15+ or R 18+;
it must determine consumer advice giving information about the content of the film or game.
(2) If the Board classifies a publication Unrestricted, the Board may determine consumer advice giving information about the content of the publication.
(1) If:
(a) a film or computer game:
(i) is modified; and
(ii) is classified, in unmodified form, at a later time; and
(b) the modification is of a kind covered by subsection (2);
the film or computer game, as modified, is taken from that later time to have the same classification as the classified film or classified computer game.
(2) This subsection covers the following modifications:
(a) including or removing an advertisement, other than an advertisement to which section 12D applies;
(b) for a film—the addition or removal of navigation functions;
(c) for a film—the addition or removal of material which:
(i) provides a description or translation of the audio or visual content of the film; and
(ii) would not be likely to cause the film, as modified, to be given a higher classification than the classified film;
(d) a format change from 2D to 3D (or vice versa), if the format change would not be likely to cause the film or computer game, as modified, to be given a different classification to the classified film or classified computer game;
(e) modifications of a kind prescribed in a legislative instrument made by the Minister for the purposes of this paragraph.
(1) Subject to subsection (2), if a classified film or a classified computer game is modified, the film or game, as modified, becomes unclassified when the modification is made.
(2) Subsection (1) does not apply to a modification that consists of:
(a) including or removing an advertisement, other than an advertisement to which section 12D applies; or
(b) for an imported film or computer game that was in a form that cannot be modified and has subsequently been converted to a form that can be modified—removing, from the film or game, material that was advertising referred to in paragraph (f) of the definition of
advertisement in section 5; or(ba) a format change from 2D to 3D (or vice versa), if the format change would not be likely to cause the film or computer game, as modified, to be given a different classification to the classified film or classified computer game; or
(c) for a classified film—the addition or removal of navigation functions; or
(d) for a classified film—the addition or removal of material which:
(i) provides a description or translation of the audio or visual content of the film; and
(ii) would not be likely to cause the film to be given a higher classification.
Example: A film which has been classified has captions added for the hearing impaired. This addition would not cause the film to become unclassified under subsection 21(1).
(3) Subsection (1) does not apply to a modification of a kind prescribed in a legislative instrument made by the Minister for the purposes of this subsection.
If the Board is of the opinion that:
(a) an interactive film, or computer game, classified on application under section 14 or 17 contains contentious material (whether activated through use of a code or otherwise) that was not brought to the Board’s attention in accordance with subsection 14(4) or 17(2) before the classification was made; and
(b) if the Board had been aware of the material before the classification was made, it would have given the film or game a different classification;
the Board must revoke the classification, and must also revoke approval of any approved advertisement for the film or game.
The Board must revoke the classification of a film that has been classified taking into account an assessment prepared by an additional content assessor under subsection 14(5) if it is satisfied that:
(a) the additional content contains any classifiable elements that:
(i) were not brought to the Board’s attention in accordance with paragraph 14(6)(a), (b) or (c) before the classification was made; or
(ii) were brought to the Board’s attention in accordance with paragraph 14(6)(a), (b) or (c) before the classification was made but the assessment of the elements was misleading, incorrect or grossly inadequate; and
(b) if the Board had been aware of the matters mentioned in subparagraph (a)(i) or (ii) before the classification was made, it would have given the film a different classification.
Note: The regulations may prescribe circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate: see subsection 93(2).
The Board must revoke the classification of a computer game that has been classified taking into account an assessment prepared under subsection 17(3) if the Board is satisfied that:
(a) the computer game contains any classifiable elements that:
(i) were not brought to the Board’s attention in accordance with paragraph 17(3A)(a) before the classification was made; or
(ii) were brought to the Board’s attention in accordance with paragraph 17(3A)(a) before the classification was made but the assessment of the elements was misleading, incorrect or grossly inadequate; and
(b) if the Board had been aware of the matters mentioned in subparagraph (a)(i) or (ii) before the classification was made, it would have given the game a different classification.
Note: The regulations may prescribe circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate: see subsection 93(2).
(1) An application to the Board for classification of a publication, film or computer game that is an enforcement application 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 a copy of the publication, film or computer game.
(2) The applicant must pay the prescribed fee for the application. However, the fee need not accompany the application.
Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.
(3) An enforcement application for classification of a computer game does not have to be accompanied by a copy of the game if the game is an amusement or circuit board game that, in the opinion of the Board, is physically impracticable to submit to the Board’s premises for classification.
(1) The Board may proceed to classify a publication, film or computer game (the
new item ) if:
(a) an application is made for its classification; and
(b) the Board is of the opinion that the new item may be the same as or similar to another publication, film or game that has already been classified (the
classified item ); and(c) the Board does not have a copy of the classified item and a copy is not available to it; and
(d) the Board is not able to ascertain from its records whether the items are identical.
(2) A classification by the Board of the new item is valid even though the Board may discover, after the classification of the new item, that it is the same as the classified item.
(3) If:
(a) the Board obtains a copy of the classified item; and
(b) the Board decides that it is the same as the new item but:
(i) the classifications for the classified item and the new item are different; or
(ii) the consumer advice for the classified item and the new item are different;
the Board must revoke the classification or consumer advice for the classified item.
(1) A decision (the
original decision ) made by the Board (whether before or after the commencement of this section) on an application:
(a) made by or on behalf of a law enforcement agency of the Commonwealth, a State or a Territory; and
(b) that did not satisfy the requirements of this Act for the making of the application;
is as valid, and is taken always to have been as valid, as it would have been if the application had satisfied those requirements.
(2) Any later decision made, or any later action taken by, the Board, the Review Board, the Director or the Convenor under this Act (whether before or after the commencement of this section) on the basis of the original decision is as valid, and is taken always to have been as valid, as it would have been if the original decision had been made on an application that satisfied the requirements of this Act for the making of the application.
(1) The Minister may approve a tool (a
classification tool ) for the purposes of classifying one or more of the following (therelevant material ):
(a) publications;
(b) films;
(c) computer games.
(2) A tool approved under subsection (1) is an
approved classification tool for the relevant material.(3) An approval may be given subject to the conditions specified in the approval.
(4) In deciding whether to approve a classification tool under subsection (1), the Minister must have regard to any matters specified in written guidelines made by the Minister for the purposes of this subsection.
(5) The Minister must not approve a classification tool under subsection (1) unless the tool will:
(a) produce a decision on the classification of the relevant material for the Australian Capital Territory; and
(b) determine consumer advice giving information about the content of the relevant material; and
(c) notify the decision and the consumer advice to the Director.
(6) An approval under subsection (1):
(a) must be in writing; and
(b) is not a legislative instrument; and
(c) must be published on the Department’s website.
(7) Guidelines made under subsection (4) are not a legislative instrument.
(8) Guidelines made under subsection (4) must be published on the Department’s website.
(1) The Minister may vary or revoke an approval under subsection 22CA(1) if the Minister is satisfied that it is appropriate to do so, having regard to:
(a) the matters specified in guidelines made for the purposes of subsection 22CA(4); and
(b) any other matter the Minister considers relevant.
(2) A variation or revocation of an approval takes effect at the time specified in the instrument varying or revoking the approval (which must not be a time before the instrument is made).
(3) A variation or revocation of an approval:
(a) must be in writing; and
(b) must be published on the Department’s website.
The Minister may, on behalf of the Commonwealth, enter into a contract, arrangement or understanding for purposes relating to the development, operation or availability for use of a tool that may be approved under section 22CA (approved classification tools).
(1) The Minister may, on behalf of the Commonwealth:
(a) participate in the formation of a corporation; or
(b) become a member of a corporation;
for purposes relating to the development, operation or availability for use of a tool that may be approved under section 22CA (approved classification tools).
(2) The Minister may, on behalf of the Commonwealth, appoint a person (whether or not engaged under the
Public Service Act 1999 ) to a body or organisation (whether within or outside Australia) for purposes relating to the development, operation or availability for use of a tool that may be approved under section 22CA (approved classification tools).
This Subdivision does not, by implication, limit the executive power of the Commonwealth.
(1) If:
(a) a publication, film or computer game is unclassified; and
(b) there is an approved classification tool for the publication, film or computer game; and
(c) the approved classification tool is used to produce a decision, for the Australian Capital Territory, on the classification of the publication, film or computer game; and
(d) the prescribed fee (if any) has been paid in relation to the decision;
the decision is taken, for the purposes of this Act, to be a decision of the Board to classify the publication, film or computer game.
(2) The following provisions of this Act do not apply in relation to the decision:
(a) Divisions 2, 2B, 2C and 2D of Part 2;
(b) Division 5 of Part 2.
(3) To avoid doubt, subsection (1) does not apply to a decision made by the operation of an approved classification tool if the decision does not comply with a condition to which the approval is subject under subsection 22CA(3).
(4) The decision takes effect when it is included in:
(a) the register, known as the National Classification Database, maintained by the Department; or
(b) any replacement register.
(5) Consumer advice for the publication, film or computer game (as the case may be) that is determined by the approved classification tool is taken to be consumer advice determined under section 20 by the Board for the publication, film or computer game (as the case may be).
Note: An approved classification tool must determine consumer advice: see paragraph 22CA(5)(b).
(1) If a publication, film or computer game (the
classified material ):
(a) is classified; and
(b) is taken to have been so classified by the Board because of the operation of section 22CF in relation to a decision of an approved classification tool;
a person may apply to the Director for a certificate (an
approved classification tool certificate ) for the classified material.
(2) An application under subsection (1) must:
(a) be in a form approved, in writing, by the Director; and
(b) be accompanied by the prescribed fee (if any).
Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A.
(3) On application under subsection (1), the Director must issue an approved classification tool certificate for the classified material.
(4) The certificate must include the determined markings for the classification given to the classified material.
Revocation of classification
(1) If:
(a) a decision made by the operation of an approved classification tool in relation to a publication, film or computer game (the
relevant material ) is taken (because of the operation of section 22CF) to be a decision of the Board to classify the relevant material; and(b) the Board is of the opinion that:
(i) had the relevant material been classified by the Board otherwise than because of the operation of that section, the Board would have given the material a different classification; or
(4) The person undertaking the review must give the report of the review to the Indigenous Affairs Minister.
(5) The Indigenous Affairs Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of receiving it.
(1) The Indigenous Affairs Minister may, by legislative instrument, determine that some or all of the provisions of this Part cease to have effect.
Note: Under section 116, all of the provisions of this Part cease to have effect 10 years after the day section 3 of the
Stronger Futures in the Northern Territory Act 2012 commences. This section allows the Indigenous Affairs Minister to determine that some or all of the provisions of this Part cease to have effect before then.(2) The Indigenous Affairs Minister may, by legislative instrument, revoke a determination under subsection (1).
Community consultation
(3) Before making a determination under subsection (1) or (2), the Indigenous Affairs Minister must ensure that:
(a) information setting out:
(i) the proposal to make the determination; and
(ii) an explanation, in summary form, of the consequences of the making of the determination;
has been made available to people living in prohibited material areas; and
(b) people living in prohibited material areas have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:
(i) the proposal to make the determination; and
(ii) the consequences of making the determination; and
(iii) their circumstances, concerns and views, so far as they relate to the proposal.
(4) A failure to comply with subsection (3) does not affect the validity of a determination under subsection (1) or (2).
Criteria for making a determination
(5) In making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must have regard to the following matters:
(a) the object of this Part (see section 98A);
(b) the wellbeing of people living in prohibited material areas;
(c) whether there is reason to believe that people living in prohibited material areas have been the victims of violence or sexual abuse;
(d) the extent to which people living in prohibited material areas have expressed their concerns about being at risk of violence or sexual abuse;
(e) whether there is reason to believe that children living in prohibited material areas have been exposed to prohibited material;
(f) the extent to which people living in prohibited material areas have expressed the view that their wellbeing will be improved if this Part applies;
(g) any submissions of the kind referred to in paragraph (3)(b);
(h) the views of relevant law enforcement authorities;
(i) any other matter that the Indigenous Affairs Minister considers relevant.
(6) If the Indigenous Affairs Minister makes a determination under subsection (1), then this Part continues to apply after the determination takes effect in relation to things done, or omitted to be done, before the determination takes effect.
(7) If, under subsection (2), the Indigenous Affairs Minister revokes a determination under subsection (1), then the provisions of this Part that were specified in the determination under subsection (1) apply again after the revocation takes effect.
This Part ceases to have effect 10 years after the day section 3 of the
Stronger Futures in the Northern Territory Act 2012 commences.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Classification (Publications, Films and Computer Games) Act 1995 | 7, 1995 | 15 Mar 1995 | s 1 and 2: 15 Mar 1995 (s 2(1)) Remainder: 1 Jan 1996 (s 2(2) and gaz 1995, No GN50) | |
Law and Justice Legislation Amendment Act 1997 | 34, 1997 | 17 Apr 1997 | Sch 2: 17 Apr 1997 (s 2(1)) | — |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 293–296): 5 Dec 1999 (Gazette 1999, No S584) (s 2(1), (2)) | — |
Classification (Publications, Films and Computer Games) Amendment Act (No. 1) 2000 | 111, 2000 | 4 Sept 2000 | 4 Sept 2000 (s 2) | — |
Classification (Publications, Films and Computer Games) Amendment Act (No. 1) 2001 | 13, 2001 | 22 Mar 2001 | 22 Mar 2002 (s 2(2)) | Sch 1 (item 57) |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2) and Sch 6: 24 May 2001 (s 2(1)(a)) | s 4(1), (2) |
Classification (Publications, Films and Computer Games) Amendment Act 2004 | 61, 2004 | 26 May 2004 | Sch 1 and 2: 26 May 2005 Remainder: 26 May 2004 | Sch 1 (items 16–21) |
Classification (Publications, Films and Computer Games) Amendment Act (No. 2) 2004 | 140, 2004 | 14 Dec 2004 | 14 Dec 2004 (s 2) | — |
Classification (Publications, Films and Computer Games) Amendment Act 2007 | 27, 2007 | 15 Mar 2007 | Sch 1 and Sch 2 (items 1, 3–6, 10–13, 15, 19, 20, 26): 1 July 2007 (s 2(1) items 2, 3 and F2007L01781) Sch 2 (items 7, 9, 14, 17, 18), Sch 3 (items 7, 8) and Sch 4 (items 10–14): 15 Mar 2008 (s 2(1) items 5, 7, 10, 13, 18, 22) Sch 2 (items 16, 21–25) and Sch 3 (items 1–6, 9–12): 15 Sept 2007 (s 2(1) items 12, 15, 17, 19) Remainder: 15 Mar 2007 | Sch 1 (items 18–21), Sch 2 (items 27–29), Sch 3 (item 13) and Sch 4 (items 2, 4, 13) |
Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 | 128, 2007 | 17 Aug 2007 | s 3–5: 17 Aug 2007 (s 2(1) item 1) Sch 1: 14 Sept 2007 (s 2(1) item 2) | s 3 s 4 and 5 (rep by 93, 2010, Sch 1 [item 1]) |
| ||||
| 93, 2010 | 29 June 2010 | Sch 1 (items 1, 4): 31 Dec 2010 (s 2(1) item 1) | Sch 1 (item 4) |
Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Act 2007 | 179, 2007 | 28 Sept 2007 | 29 Sept 2007 (s 2) | Sch 1 (item 4) |
Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008 | 26, 2008 | 23 June 2008 | Sch 1 (items 47–54): 23 June 2008 (s 2(1) item 4) | — |
Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 | 69, 2008 | 1 July 2008 | Sch 1: 1 July 2009 Sch 2: 1 Jan 2009 Remainder: 1 July 2008 (s 2(1) item 1) | Sch 1 (item 13) and Sch 2 (item 5) |
Statute Law Revision Act 2010 | 8, 2010 | 1 Mar 2010 | Sch 1 (item 7): 1 Mar 2010 (s 2(1) item 2) Sch 5 (item 137(a)): (s 2(1) items 31, 38) | — |
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 | 93, 2010 | 29 June 2010 | Sch 4: 1 July 2010 (s 2(1) item 5) | — |
National Security Legislation Amendment Act 2010 | 127, 2010 | 24 Nov 2010 | Sch 2 (item 1): 25 Nov 2010 (s 2(1) item 4) | — |
Statute Law Revision Act 2011 | 5, 2011 | 22 Mar 2011 | Sch 5 (items 48, 49): 19 Apr 2011 (s 2(1) item 13) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (items 362–369) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) |
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 | 58, 2011 | 28 June 2011 | Sch 1 (items 28–30): (s 2(1) item 2) | — |
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012 | 101, 2012 | 29 June 2012 | Sch 3: 16 July 2012 (s 2(1) item 2) | Sch 3 (items 15, 16) |
Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012 | 103, 2012 | 6 July 2012 | Sch 1 (items 1–4): 1 Jan 2013 (s 2) | Sch 1 (item 4) |
Australian Charities and Not‑for‑profits Commission (Consequential and Transitional) Act 2012 | 169, 2012 | 3 Dec 2012 | Sch 2 (items 158, 159) and Sch 7: 3 Dec 2012 (s 2(1) item 7) Sch 4 (item 13): never commenced (s 2(1) item 14) | Sch 7 |
Personal Liability for Corporate Fault Reform Act 2012 | 180, 2012 | 10 Dec 2012 | Sch 6 (items 4–6): 11 Dec 2012 (s 2) | Sch 7 |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 8 (items 40–44) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 | 99, 2014 | 11 Sept, 2014 | Sch 1, Sch 2 and Sch 3 (items 1–4): 11 Sept 2014 (s 2(1) items 2, 3) Sch 3 (items 5–11) and Sch 5: 11 Dec 2014 (s 2(1) items 4, 7) Sch 3 (items 12–22) and Sch 7: 11 Sept 2015 (s 2(1) items 5, 9) Sch 4: 11 Mar 2015 (s 2(1) item 6) Sch 6 (items 1–28, 31–40): 12 Sept 2014 (s 2(1) item 8) | Sch 3 (item 11), Sch 4 (item 6), Sch 5 (item 8) and Sch 6 (items 31–40) |
Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 | 153, 2015 | 26 Nov 2015 | Sch 17 (items 1–3): 27 Nov 2015 (s 2(1) item 7) | — |
Statute Law Revision (Spring 2016) Act 2016 | 67, 2016 | 20 Oct 2016 | Sch 1 (item 13): 17 Nov 2016 (s 2(1) item 2) | — |
Counter Terrorism Legislation Amendment Act (No. 1) 2016 | 82, 2016 | 29 Nov 2016 | Sch 13: 30 Nov 2016 (s 2(1) item 2) | Sch 13 (item 2) |
Public Governance and Resources Legislation Amendment Act (No. 1) 2017 | 92, 2017 | 23 Aug 2017 | Sch 2 (item 50) and Sch 4: 23 Aug 2017 (s 2(1) item 1) | Sch 4 |
Classification (Publications, Films and Computer Games) Amendment (Industry Self‑Classification and Other Measures) Act 2023 | 65, 2023 | 14 Sept 2023 | Sch 1 (items 1–43) and Sch 2: 14 Mar 2024 (s 2(1) item 1) | Sch 1 (items 42, 43) and Sch 2 (items 3, 5, 13) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 12 (items 38–49): 14 Oct 2024 (s 2(1) item 2) | — |
Administrative Review Tribunal (Miscellaneous Measures) Act 2025 | 14, 2025 | 20 Feb 2025 | Sch 2 (items 127C, 127D): 21 Feb 2025 (s 2(1) item 2) | — |
s 3............................................. | am No 99, 2014 |
s 3A........................................... | ad No 99, 2014 |
am No 65, 2023 | |
s 4............................................. | am No 27, 2007 |
s 4A........................................... | ad No 99, 2014 |
s 5............................................. | am No 34, 1997; No 111, 2000; No 13, 2001; No 61, 2004; No 27, 2007; No 179, 2007; No 69, 2008; No 8, 2010; No 5, 2011; No 58, 2011; No 169, 2012; No 62, 2014; No 99, 2014; No 65, 2023 |
ed C41 | |
s 5A........................................... | ad No 13, 2001 |
s 5B........................................... | ad No 13, 2001 |
am No 61, 2004; No 69, 2008; No 99, 2014 | |
rep No 99, 2014 | |
s 5C........................................... | ad No 99, 2014 |
s 6A........................................... | ad No 24, 2001 |
Part 1A...................................... | ad No 99, 2014 |
s 6AA........................................ | ad No 99, 2014 |
am No 65, 2023 | |
s 6B........................................... | ad No 99, 2014 |
am No 65, 2023 | |
s 6C........................................... | ad No 99, 2014 |
s 6D........................................... | ad No 99, 2014 |
s 6E........................................... | ad No 99, 2014 |
am No 65, 2023 | |
s 6F........................................... | ad No 99, 2014 |
s 6G........................................... | ad No 99, 2014 |
s 6H........................................... | ad No 99, 2014 |
am No 39, 2024 | |
Division 3.................................. | ad No 65, 2023 |
s 6HA........................................ | ad No 65, 2023 |
s 6HB........................................ | ad No 65, 2023 |
s 6J............................................ | ad No 99, 2014 |
am No 65, 2023 | |
s 7............................................. | am No 61, 2004; No 103, 2012 |
s 8............................................. | am No 13, 2001; No 27, 2007; No 99, 2014 |
s 8AA........................................ | ad No 99, 2014 |
s 8A........................................... | ad No 27, 2007 |
s 9............................................. | am No 179, 2007 |
s 9A........................................... | ad No 179, 2007 |
am No 127, 2010; No 82, 2016 | |
s 10............................................ | am No 13, 2001; No 99, 2014 |
rep No 65, 2023 | |
s 12............................................ | am No 65, 2023 |
s 12A......................................... | ad No 65, 2023 |
s 12B......................................... | ad No 65, 2023 |
s 12C......................................... | ad No 65, 2023 |
s 12D......................................... | ad No 65, 2023 |
Division 2 heading...................... | rs No 99, 2014; No 65, 2023 |
Subdivision A heading................. | ad No 65, 2023 |
s 12E......................................... | ad No 65, 2023 |
s 13............................................ | am No 111, 2000; No 13, 2001; No 62, 2014 |
s 13A......................................... | ad No 13, 2001 |
s 14............................................ | am No 34, 1997; No 111, 2000; No 13, 2001; No 27, 2007; No 62 and 99, 2014 |
s 14A......................................... | ad No 27, 2007 |
rep No 65, 2023 | |
s 14B......................................... | ad No 69, 2008 |
am No 99, 2014 | |
rep No 65, 2023 | |
am No 39, 2024 (amdt never applied (Sch 12 item 39)) | |
s 15............................................ | am No 111, 2000; No 13, 2001; No 62, 2014 |
s 16............................................ | rs No 13, 2001 |
s 17............................................ | am No 111, 2000; No 13, 2001; No 61, 2004; No 27, 2007; No 62, 2014; No 99, 2014; No 65, 2023 |
Subdivision B heading................. | ad No 65, 2023 |
s 17AA...................................... | ad No 65, 2023 |
s 17A......................................... | ad No 99, 2014 |
s 17B......................................... | ad No 99, 2014 |
am No 65, 2023 | |
s 17C......................................... | ad No 99, 2014 |
s 17D......................................... | ad No 99, 2014 |
am No 39, 2024 | |
s 18............................................ | am No 13, 2001 |
rep No 65, 2023 | |
Subdivision C heading................. | ad No 65, 2023 |
s 19............................................ | am No 13, 2001 |
s 20............................................ | am No 13, 2001; No 61, 2004; No 103, 2012; No 99, 2014 |
Division 2A heading.................... | rs No 65, 2023 |
Division 2A................................ | ad No 27, 2007 |
s 20A......................................... | ad No 99, 2014 |
am No 65, 2023 | |
s 21............................................ | am No 34, 1997; No 13, 2001; No 27, 2007; No 99, 2014; No 65, 2023 |
Division 2B heading.................... | ad No 65, 2023 |
s 21A......................................... | ad No 34, 1997 |
rs No 13, 2001 | |
am No 65, 2023 | |
s 21AA...................................... | ad No 27, 2007 |
s 21AB....................................... | ad No 69, 2008 |
rep No 65, 2023 | |
s 21AC....................................... | ad No 99, 2014 |
s 22............................................ | am No 111, 2000; No 13, 2001; No 69, 2008 |
rep No 65, 2023 | |
Division 2C heading.................... | ad No 65, 2023 |
s 22A......................................... | ad No 111, 2000 |
am No 13, 2001; No 62, 2014; No 65, 2023 | |
Division 2D heading.................... | ad No 65, 2023 |
s 22B......................................... | ad No 13, 2001 |
s 22C......................................... | ad No 140, 2004 |
am No 27, 2007 | |
Division 2E heading.................... | ad No 65, 2023 |
Division 2AA heading................. | rep No 65, 2023 |
Division 2AA............................. | ad No 99, 2014 |
s 22CA....................................... | ad No 99, 2014 |
s 22CB....................................... | ad No 99, 2014 |
s 22CC....................................... | ad No 99, 2014 |
s 22CD....................................... | ad No 99, 2014 |
s 22CE....................................... | ad No 99, 2014 |
s 22CF....................................... | ad No 99, 2014 |
am No 99, 2014; No 65, 2023 | |
s 22CG....................................... | ad No 99, 2014 |
am No 92, 2017 | |
s 22CH....................................... | ad No 99, 2014 |
am No 65, 2023 | |
s 22CJ........................................ | ad No 99, 2014 |
Division 2F heading.................... | ad No 65, 2023 |
s 22D......................................... | ad No 27, 2007 |
am No 65, 2023 | |
s 22E......................................... | ad No 27, 2007 |
s 22F.......................................... | ad No 27, 2007 |
s 22G......................................... | ad No 27, 2007 |
am No 39, 2024 | |
s 22H......................................... |
ad No 27, 2007 | |
s 22J.......................................... | ad No 27, 2007 |
am No 39, 2024 | |
Division 2G................................ | ad No 65, 2023 |
s 22K......................................... | ad No 65, 2023 |
s 22L......................................... | ad No 65, 2023 |
s 22M........................................ | ad No 65, 2023 |
s 22N......................................... | ad No 65, 2023 |
s 22P.......................................... | ad No 65, 2023 |
s 22Q......................................... | ad No 65, 2023 |
s 22R......................................... | ad No 65, 2023 |
am No 14, 2025 | |
s 22S.......................................... | ad No 65, 2023 |
s 22T......................................... | ad No 65, 2023 |
s 23........................................... | am No 24, 2001; No 99, 2014; No 153, 2015 |
Division 3A................................ | ad No 13, 2001 |
s 23A......................................... | ad No 13, 2001 |
am No 99, 2014; No 153, 2015 | |
s 24............................................ |
|
Division 5 heading...................... | am No 65, 2023 |
s 25............................................ | am No 27, 2007; No 99, 2014 |
s 26............................................ | am No 27, 2007 |
s 27............................................ | am No 111, 2000; No 27, 2007; No 62, 2014 |
s 28............................................ | am No 65, 2023 |
Division 6.................................. | ad No 13, 2001 |
rep No 99, 2014 | |
s 28A......................................... | ad No 13, 2001 |
am No 61, 2004 | |
rep No 99, 2014 | |
s 28B......................................... | ad No 13, 2001 |
rep No 99, 2014 | |
s 28C......................................... | ad No 13, 2001 |
am No 61, 2004 | |
rep No 99, 2014 | |
Part 3 heading............................. | rs No 69, 2008 |
Division 1A................................ | ad No 99, 2014 |
s 28D......................................... | ad No 99, 2014 |
s 29............................................ | am No 34, 1997; No 27, 2007; No 69, 2008 |
s 30............................................ | am No 69, 2008; No 24, 2001 |
Division 2.................................. | rs. No. 69, 2008 |
s 31............................................ | rs No 69, 2008 |
am No 39, 2024 | |
s 32............................................ | rs No 69, 2008 |
s 33............................................ | am No 61, 2004 |
rs No 69, 2008 | |
s 34............................................ | rs No 69, 2008 |
s 35............................................ | rs No 69, 2008 |
s 36............................................ | rep No 69, 2008 |
s 37............................................ | rep No 69, 2008 |
ad No 99, 2014 | |
s 38............................................ | am No 13, 2001 |
rs No 99, 2014 | |
am No 65, 2023 | |
s 39............................................ | am No 13, 2001; No 99, 2014 |
s 40............................................ | am No 99, 2014 |
s 41A........................................ | ad No 99, 2014 |
am No 65, 2023 | |
s 41B......................................... | ad No 65, 2023 |
s 42............................................ | am No 13, 2001; No 61, 2004; No 69, 2008; No 103, 2012; No 65, 2023 |
s 42A......................................... | ad No 13, 2001 |
s 43............................................ | am No 99, 2014; No 65, 2023 |
s 44A......................................... | ad No 13, 2001 |
am No 27, 2007 | |
s 44B......................................... | ad No 140, 2004 |
am No 27, 2007 | |
Division 1A............................... | ad No 99, 2014 |
s 44C......................................... | ad No 99, 2014 |
s 46............................................ | am No 99, 2014 |
s 47............................................ | am No 27, 2007 |
s 48............................................ | am No 99, 2014 |
s 49............................................ | am No 99, 2014 |
s 52............................................ | am No. 27, 2007 |
s 53............................................ | am No 13, 2001; No 27, 2007; No 99, 2014 |
Division 3 heading...................... | rep No 27, 2007 |
s 54............................................ | am No 146, 1999 |
rep No 27, 2007 | |
s 55............................................ | rep No 27, 2007 |
s 59............................................ | am No 146, 1999; No 27, 2007 |
s 61............................................ | am No 146, 1999 |
s 65............................................ | am No 26, 2008; No 58, 2011 |
s 66............................................ | am No 46, 2011 |
s 67............................................ | rs No. 27, 2007 |
s 68............................................ | rep No 27, 2007 |
s 69............................................ | rep No 27, 2007 |
s 70............................................ | am No 24, 2001 |
rep No 27, 2007 | |
Division 1A............................... | ad No 99, 2014 |
s 71............................................ | rep No 27, 2007 |
ad No 99, 2014 | |
s 73............................................ | am No 27, 2007 |
s 77A......................................... | ad No 27, 2007 |
s 79A......................................... | ad No 27, 2007 |
s 83............................................ | am No 26, 2008; No 58, 2011 |
s 84............................................ | am No 46, 2011 |
s 85A (prev s 86 second occurring) | |
s 86............................................ | am No 13, 2001 |
rep No 27, 2007 | |
ad No 99, 2014 | |
s 86 (second occurring)............... | ad No 99, 2014 |
reloc and renum No 67, 2016 | |
s 87............................................ | rs No 111, 2000 |
am No 27, 2007; No 62, 2014 | |
s 87A......................................... | ad No 111, 2000 |
am No 69, 2008 | |
s 87B......................................... | ad No 27, 2007 |
s 88A......................................... | ad No 27, 2007 |
s 88B......................................... | ad No 99, 2014 |
s 89............................................ | am No 27, 2007 |
s 91............................................ | am No 111, 2000; No 13, 2001; No 27, 2007; No 8, 2010; No 169, 2012; No 99, 2014; No 39, 2024 |
s 91A......................................... | ad No 111, 2000 |
am No 5, 2011; No 62, 2014 | |
s 91B......................................... | ad No 111, 2000 |
s 91C......................................... | ad No 111, 2000 |
s 92A......................................... | ad No 27, 2007 |
s 93............................................ | am No 27, 2007; No 99, 2014; No 65, 2023 |
s 93A........................................ | ad No 99, 2014 |
s 94............................................ | am No 34, 1997; No 111, 2000 |
s 95............................................ | am No 27, 2007 |
s 97............................................ | am No 69, 2008 |
s 97A......................................... | ad No 13, 2001 |
Part 10 heading........................... | rs No 101, 2012 |
exp 16 July 2022 (s 116) | |
Part 10....................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 98A......................................... | ad No 93, 2010 |
exp 16 July 2022 (s 116) | |
s 98B......................................... | ad No 99, 2014 |
exp 16 July 2022 (s 116) | |
s 99............................................ | ad No 128, 2007 |
am No 93, 2010; No 101, 2012 | |
exp 16 July 2022 (s 116) | |
s 99A......................................... | ad No 101, 2012 |
exp 16 July 2022 (s 116) | |
s 100.......................................... | ad No 128, 2007 |
rep No 99, 2014 | |
s 100A....................................... | ad No 93, 2010 |
rs No 101, 2012 | |
exp 16 July 2022 (s 116) | |
s 100B....................................... | ad No 93, 2010 |
rep No 101, 2012 | |
s 100C....................................... | ad No 93, 2010 |
am No 101, 2012 | |
exp 16 July 2022 (s 116) | |
s 101.......................................... | ad No 128, 2007 |
am No 101, 2012; No 180, 2012 | |
exp 16 July 2022 (s 116) | |
s 102.......................................... | ad No 128, 2007 |
am No 101, 2012; No 180, 2012 | |
exp 16 July 2022 (s 116) | |
s 103.......................................... | ad No 128, 2007 |
am No 101, 2012; No 180, 2012 | |
exp 16 July 2022 (s 116) | |
s 104.......................................... | ad No 128, 2007 |
rs No 180, 2012 | |
exp 16 July 2022 (s 116) | |
s 105.......................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 106.......................................... | ad No 128, 2007 |
am No 101, 2012 | |
exp 16 July 2022 (s 116) | |
s 107.......................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 108.......................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 109.......................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 110.......................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 111.......................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 112.......................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 113.......................................... | ad No 128, 2007 |
exp 16 July 2022 (s 116) | |
s 114.......................................... | ad No 128, 2007 |
rs No 101, 2012 | |
exp 16 July 2022 (s 116) | |
s 115.......................................... | ad No 128, 2007 |
rs No 101, 2012 | |
exp 16 July 2022 (s 116) | |
s 116.......................................... | ad No 101, 2012 |
exp 16 July 2022 (s 116) | |
Schedule.................................... | rep No 61, 2004 |
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