Classification (Publications, Films and Computer Games) Act 1995

Overview

The Classification (Publications, Films and Computer Games) Act 1995 was enacted to provide a national scheme for the classification of publications, films, and computer games in Australia, ensuring they are appropriately rated before they can be legally made available to the public. This Act was introduced to address the problem of unregulated distribution of potentially harmful or inappropriate content. The Act was passed by the Australian Parliament and aims to establish a consistent classification system across the Commonwealth, states, and territories. The Act includes provisions for the classification of publications, films, and computer games, including the establishment of the Classification Board and the Classification Review Board, and outlines various classification categories. It also deals with the enforcement of classification decisions and the prohibition of certain material in specific areas of the Northern Territory, particularly to protect children living in Indigenous communities from exposure to prohibited material. Over the years, the Act has been amended to adapt to new technologies and societal concerns, such as the introduction of computer games and the need to address material advocating terrorist acts.

Scope and Application

The Classification (Publications, Films and Computer Games) Act 1995 applies to the classification of publications, films, and computer games within the Australian Capital Territory, forming part of a Commonwealth/State/Territory scheme. This legislation does not apply to broadcasting services under the Broadcasting Services Act 1992. The Act establishes various types of classifications for these media, including Unrestricted, Category 1 restricted, Category 2 restricted, RC (Refused Classification), G, PG, M, MA 15+, R 18+, and X 18+. Certain films and computer games are exempt from classification, such as those of a business, accounting, professional, scientific, educational, current affairs, hobbyist, sporting, family, live performance, musical presentation, religious, community or cultural, social sciences, natural history, or language other than English nature, provided they do not contain contentious material. The Act allows for conditional cultural exemptions for films, computer games, and publications shown in specific contexts, like registered events or by approved cultural institutions. Additionally, it provides mechanisms for the classification of films and computer games by the Classification Board, authorised assessors, accredited persons, and approved classification tools. It also governs the display of determined markings and consumer advice for classified materials, the approval and assessment of advertisements, and the enforcement of classifications through the imposition of penalties and requirements for compliance. The Act further details procedures for reclassification, review of decisions, the establishment and functions of the Classification Board and the Classification Review Board, and miscellaneous provisions such as immunity from suit, regulations, and transitional provisions. It does not apply to broadcasting services, and certain provisions cease to have effect after a specified period, particularly those related to special measures in the Northern Territory aimed at protecting children in Indigenous communities from exposure to prohibited material.

Key Provisions

• The Classification (Publications, Films and Computer Games) Act 1995, as amended, sets out a comprehensive framework for the classification of publications, films, and computer games in the Australian Capital Territory and provides for related matters. This Act operates as part of a broader Commonwealth/State/Territory scheme. The main provisions of the Act include the establishment of a classification system, the determination of certain exemptions and conditional cultural exemptions, the process for classifying material, and enforcement provisions. Certain films and computer games are designated as exempt films and exempt computer games, meaning they do not require classification (sections 6B and 6HA). Publications, films, or computer games shown as part of registered events or by approved cultural institutions may be subject to conditional cultural exemptions, provided they meet specific criteria (sections 6C, 6D, and 6E). The Act allows for the classification of publications, films, and computer games by the Classification Board upon application, by approved classification tools, or by accredited persons (sections 12E, 12F, and 22K). The Act also details the types of classifications that can be assigned and specifies the criteria and matters to be considered during classification (sections 7, 8, and 11).
• The Act imposes obligations on various parties to ensure compliance with the classification requirements. Publishers and distributors of publications, films, and computer games must submit their material for classification if required by the Director (sections 23, 23A, and 24). The Director and the Board have the authority to require screenings, demonstrations, and additional content assessments to facilitate proper classification (sections 19, 17, and 14(5)). The Board must issue classification certificates for classified material and determine consumer advice for films and computer games (sections 25 and 20). Additionally, the Act mandates that classified material and advertisements display specific markings and consumer advice as determined by the Minister (sections 8 and 8A).
• There are several offences and penalties outlined in the Act for non-compliance and breaches. For example, using determined markings in relation to goods that are not publications, films, or computer games, or services not related to the classification system, is an offence carrying a penalty of 20 penalty units (section 8AA). Failure to comply with a requirement to submit material for classification is also an offence, with a penalty of 20 penalty units (sections 23(3), 23A(3), and 24(3)). In the Northern Territory, the possession or control of level 1 and level 2 prohibited material in specified areas is an offence, with penalties of 50 and 100 penalty units respectively (sections 101 and 102). Supplying prohibited material in or to these areas is similarly penalised, with a maximum penalty of 200 penalty units or imprisonment for two years, or both, if five or more items are involved (section 103). Furthermore, body corporate managers and State/Territory body corporate managers can be held liable for offences committed by their corporations, with a maximum penalty of one-fifth of the maximum penalty for the offence (section 104). The Act also provides for the seizure and forfeiture of prohibited material by police officers in designated areas (sections 106 to 110).
• The Act further delineates the roles and responsibilities of the Classification Board and the Classification Review Board, including the appointment, terms of office, and powers of their members. It establishes procedures for the operation of these boards, the delegation of powers, and the handling of applications and reviews (Parts 6 and 7). The Act also provides for the revocation of classifications and consumer advice, and the barring of individuals from preparing assessments or being accredited to classify films and computer games if they fail to adhere to the required standards (sections 21, 21A, 21AC, 17A, 17B, 22E, and 22P). The Review Board can refuse to deal with frivolous or vexatious applications (section 42A). Finally, the Act includes miscellaneous provisions such as immunity from suit for board members and staff, the waiver of fees under certain conditions, and the payment of fees to the States and Territories (sections 86, 91, and 90). It also specifies that the Act does not apply to broadcasting services under the Broadcasting Services Act 1992 (section 92).

Legal classification tags

Area of Law

Media & Entertainment Law

Instrument

Act

Concepts

Commencement Provisions

Licensing & Registration

Enforcement Powers

Reporting & Disclosure Obligations

Regulatory Standards

Classification (Publications, Films and Computer Games)

Offence Provisions

Consumer Advice