Classification (Advertising for Unclassified Films) Amendment Instrument 2007 (No. 1)

Overview

The Classification (Advertising for Unclassified Films) Amendment Instrument 2007 (No. 1) amends the Classification (Advertising for Unclassified Films) Instrument 2005, which itself implements the Classification (Publications, Films and Computer Games) Act 1995. Enacted by the Parliament of Australia, the 1995 Act established an intergovernmental cooperative scheme for the censorship of films, computer games, and certain publications within Australia. This amendment aims to address structural changes within the film industry that have necessitated adjustments to the advertising exemption quotas for unclassified films. Specifically, it responds to the separation of Universal Pictures International Australasia from United International Pictures and the corresponding demand for increased advertising exemptions by independent distributors. The policy objective is to balance the need for industry flexibility in marketing unclassified films with consumer protection by ensuring adequate classification information is disseminated. The 2007 Amendment Instrument introduces modifications to the advertising exemption message box, reflecting the integration of the Office of Film and Literature Classification into the Attorney-General’s Department. It increases the maximum number of annual advertising exemptions from 110 to 136 and reallocates quotas among film distributors, including the addition of a quota for the newly formed Universal Pictures. This adjustment ensures the current exemption scheme remains aligned with industry dynamics while maintaining consumer awareness of film classifications. The transitional arrangements allow for a six-month period for distributors to utilise existing advertising materials before the new requirements take effect.

Scope and Application

The Classification (Advertising for Unclassified Films) Amendment Instrument 2007 (No. 1) amends the Classification (Advertising for Unclassified Films) Instrument 2005, which applies to the public exhibition film industry in Australia, allowing certain unclassified films to be advertised before they receive a classification. This amendment responds to structural changes within the film distribution industry, such as the separation of Universal Pictures International Australasia from United International Pictures, and increased demand for advertising exemptions from independent distributors. The Act applies to distributors of films in Australia, both major studios and independent distributors, who seek to advertise films before they have been classified by the Classification Board. The geographic reach of the Act is national, given the intergovernmental co-operative legislative scheme for censorship in Australia. The Act excludes films that have already received a classification from the need for advertising exemptions. The Instrument increases the maximum number of exemptions that can be granted annually from 110 to 136 and allocates additional exemptions to Universal Pictures and independent distributors. The changes in this Instrument are intended to ensure the current scheme remains effective while awaiting the outcome of legislative changes proposed in Parliament. The Instrument is prospective and includes a transitional period to allow distributors to utilise existing advertising materials.

Key Provisions

The main operative sections of the Classification (Advertising for Unclassified Films) Amendment Instrument 2007 (No. 1) (the Instrument) are those that amend the Classification (Advertising for Unclassified Films) Instrument 2005 (the 2005 Instrument) to reflect structural changes in the film industry and to increase the number of advertising exemptions that can be granted in a calendar year. Specifically, section 1 of the Instrument amends the 2005 Instrument to change the message box that must be displayed on advertising for films that have been granted an exemption (section 3(1)(b) of the 2005 Instrument). Section 2 increases the maximum number of advertising exemptions that can be granted from 110 to 136 per calendar year (section 3(1)(a) of the 2005 Instrument). Section 3 reallocates the quotas for exemptions among distributors to reflect changes in the industry (section 3(2) of the 2005 Instrument). The Instrument imposes several obligations on parties and entities it governs. Firstly, it requires that all advertising for eligible films must display the eligible films message, as stated in section 3(1)(b) of the 2005 Instrument. Secondly, it allocates quotas for exemptions to several named distributors and independent distributors, as stated in section 3(2) of the 2005 Instrument. Thirdly, it requires distributors to display the new message box on advertising for films that have been granted an exemption, as amended by section 1 of the Instrument. The Instrument also provides for offences, penalties, or civil/criminal consequences for breach. However, the Instrument does not specify the penalties for breach. It is likely that the penalties for breach would be determined by the relevant State or Territory legislation that prohibits the advertising of unclassified films. In any case, the Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA) and is not subject to disallowance or sunsetting (sections 44(1) and 55(1) of the LIA). In summary, the Classification (Advertising for Unclassified Films) Amendment Instrument 2007 (No. 1) amends the 2005 Instrument to reflect structural changes in the film industry and to increase the number of advertising exemptions that can be granted. It imposes obligations on distributors to display the eligible films message and to display the new message box on advertising for films that have been granted an exemption. The Instrument does not specify the penalties for breach, but it is likely that the penalties would be determined by the relevant State or Territory legislation. The Instrument is a legislative instrument for the purposes of the LIA and is not subject to disallowance or sunsetting.