Classification (Authorised Television Series Assessor Scheme) Amendment (Consumer Advice) Determination 2014

Administered by Attorney-General's Department

Legislation au F2014L01756 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Justice

Classification (Publications, Films and Computer Games) Act 1995

Classification (Authorised Television Series Assessor Scheme) Amendment (Consumer Advice) Determination 2014

 

 

The Classification (Publications, Films and Computer Games) Act 1995 (the Act) facilitates the operation of the co-operative legislative scheme for classification in Australia.  The Act provides for the classification of films, computer games and some publications.

 

Authority for making the instrument

 

Subsection 14B(3) of the Act provides that the Minister may, by legislative instrument, determine a scheme relating to the assessment of television series films.  The Classification (Authorised Television Series Assessor Scheme) Determination 2008 (the determination) specifies the details of the scheme relating to the assessment of television series films.  The legislative instrument amends the determination.

 

Purpose of instrument

 

This legislative instrument makes a minor consequential amendment to the determination necessitated by the commencement of Schedule 5 of the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 (Amending Act).  The legislative instrument amends the determination so that consumer advice must be recommended for television series films assessed as G.

 

Issues giving rise to the need for the instrument

 

Before the commencement of Schedule 5 of the Amending Act, the Act required the Classification Board (the Board) to determine consumer advice giving information about the content of a film only if the Board classified the film PG or higher.  Paragraph 20(1)(a) of the Act, as amended, obliges the Board to also determine consumer advice for films that it classifies G. 

 

The determination required an assessor of a television series film to recommend consumer advice for films assessed as PG or higher.  Consistent with the amendment to the Act, a minor consequential amendment is made to the determination to require that consumer advice should also be recommended for television series films that are assessed as G.

Details of the legislative instrument are included in the Attachment.

 

Consultation

 

Subsection 14B(5) of the Classification Act provides that the Minister must consult with state and territory Ministers with responsibility for classification (Classification Ministers) before determining a scheme relating to the assessment of television series films.  Classification Ministers agreed to the determination in November 2008.  Further consultation with Classification Ministers is not required for a minor change to the determination.

 

At the April 2013 meeting of the Standing Council on Law and Justice, Classification Ministers agreed that reform of the National Classification Scheme should be carried out in stages, beginning with a ‘first tranche’ of reforms to be implemented in the short term.  Ministers noted a number of minor and technical amendments to the Act were being proposed.  The mandatory provision of consumer advice for material classified G was a minor amendment.

 

Subsection 18(2) of the Legislative Instruments Act 2003 (LIA) states that a rule-maker may be satisfied that consultation is unnecessary or inappropriate if an instrument is of a minor or machinery nature and does not substantially alter existing arrangements.  The legislative instrument makes a minor consequential amendment to the authorised television series assessor scheme as a result of an amendment to the Act.  Consultation is therefore unnecessary.

 

Commencement

 

The legislative instrument commences on 11 December 2014.  

 

In accordance with subsections 44(1) and 54(1) of the LIA, the legislative instrument is not subject to disallowance or sunsetting because the Act facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more of the states, and authorises the instrument to be made by the Minister.

 

 

 

 

The Hon Michael Keenan MP

Minister for Justice

 


Attachment

 

Details of the Classification (Authorised Television Series Assessor Scheme) Amendment (Consumer Advice) Determination 2014

Section 1 Name

This section provides that the title of the instrument is Classification (Authorised Television Series Assessor Scheme) Amendment (Consumer Advice) Determination 2014.

Section 2 – Commencement

Section 2 provides for the instrument to commence on 11 December 2014.

 

Section 3 Amendment of Classification (Authorised Television Series Assessor Scheme) Determination 2008

 

Section 3 omits the words “if the recommended classification is PG or higher” in Part 4, subsection 10(e) of the determination.

 

This means that an assessment of a television series film under section 14B of the Act must include a recommendation for appropriate consumer advice for a television series film assessed as G.  It changes the previous requirement that consumer advice only had to be recommended for a television series film assessed as PG or higher.

 

Overview

The Classification (Authorised Television Series Assessor Scheme) Amendment (Consumer Advice) Determination 2014 amends the Classification (Authorised Television Series Assessor Scheme) Determination 2008 to align with the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014. The primary objective of this legislative instrument is to ensure that consumer advice is recommended for television series films assessed as G, in line with the amended requirement of the Classification (Publications, Films and Computer Games) Act 1995. Previously, consumer advice was only mandatory for films classified as PG or higher, but the legislative amendment now requires such advice for all films, including those classified G. This change was enacted by the Minister for Justice under the authority granted by the Classification (Publications, Films and Computer Games) Act 1995. The determination took effect on 11 December 2014, and the amendment was made to streamline the classification process and enhance consumer protection by providing consistent information across all classification categories.

Scope and Application

The Classification (Authorised Television Series Assessor Scheme) Amendment (Consumer Advice) Determination 2014 amends the Classification (Authorised Television Series Assessor Scheme) Determination 2008, which is a subordinate instrument under the Classification (Publications, Films and Computer Games) Act 1995. The Act itself is a Commonwealth statute that establishes a co-operative scheme for the classification of films, computer games, and some publications across Australia. The amended Determination requires that consumer advice, providing information about the content of a film, must be recommended for television series films assessed as G, in addition to those assessed as PG or higher. This change is a direct consequence of the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014, which expanded the scope of consumer advice requirements. The Determination applies to authorised assessors of television series films, who must now recommend consumer advice for all G-rated content, aligning with the broader legislative objectives to enhance consumer protection and ensure consistent application of classification standards. The instrument is effective from 11 December 2014, and it does not require disallowance or sunsetting as it pertains to the operation of an intergovernmental scheme authorised by the Act.

Key Provisions

The main operative sections of the Classification (Authorised Television Series Assessor Scheme) Amendment (Consumer Advice) Determination 2014 pertain to the classification of television series films, particularly the requirement for consumer advice. Section 3 of the Determination amends the Classification (Authorised Television Series Assessor Scheme) Determination 2008 by removing the condition that consumer advice must only be recommended for television series films classified as PG or higher (subsection 10(e) of Part 4). This means that assessors must now recommend consumer advice for television series films assessed as G, in addition to those classified at PG or higher. The Amendment Determination imposes specific obligations on parties or entities governed by it. Under the amended scheme, assessors of television series films are required to provide consumer advice regardless of the classification level of the film. This includes recommending appropriate consumer advice for television series films assessed as G. This change aligns with the requirements set out in section 20(1)(a) of the Classification (Publications, Films and Computer Games) Act 1995, which mandates that the Classification Board must determine consumer advice for films classified G. There are no explicit offences, penalties, or consequences mentioned for breaches of the Amendment Determination. However, any non-compliance with the requirements of the Classification (Publications, Films and Computer Games) Act 1995 or the amended Determination could potentially lead to legal ramifications under the primary Act. This may include enforcement actions by the Classification Board or other relevant authorities, although the specific penalties for breaches are not detailed in the Amendment Determination itself. The primary Act, however, could impose civil or criminal penalties for non-compliance, which may include fines or other sanctions as prescribed by law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.