Classification (Authorised Television Series Assessor Scheme) Determination 2008

Classification (Authorised Television Series Assessor Scheme) Determination 2008

As amended

Made under the

Classification (Publications, Films and Computer Games) Act 1995

Compilation start date: 11 December 2014

Includes amendments up to:

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

Prepared by the Classification Branch, Attorney-General’s Department, Sydney

About this compilation

This compilation

This is a compilation of the Classification (Authorised Television Series Assessor Scheme) Determination 2008 as in force on 11 December 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 2 December 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 Preliminary

 1 Name of Determination 1

 2 Commencement 1

 3 Interpretation 2

Part 2 Authorised television series assessors

 4 Authorised television series assessors 3

 5 Revocation of authorised television series assessor status 3

 6 Barring notice to authorised television series assessor 3

 7 Review by AAT 4

Part 3 Applicants

 8 Barring notice to applicant 5

 9 Review by AAT 5

Part 4 Assessment of television series films

 10 Assessment 6

 11 Disagreement with recommended classification 6

Part 1 Preliminary

1 Name of Determination

  This Determination is the Classification (Authorised Television Series Assessor Scheme) Determination 2008.

2 Commencement

  This Determination commences on the commencement of Schedule 2 to the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008.

3 Interpretation

 (1) In this Determination:

Act means the Classification (Publications, Films and Computer Games) Act 1995.

barring notice has the same meaning as in paragraph 14B (4) (d) of the Act.

classification guidelines means the guidelines made under section 12 of the Act.

Note   The following terms have the same meaning as in the Act:

 authorised television series assessor

 Board

 classifiable elements

 classified

 Director

 television series film.

 (2) Information contained in an assessment may be taken to be misleading, incorrect or grossly inadequate if:

 (a) classifiable elements are not identified; or

 (b) classifiable elements are identified as having a lower impact than the classification guidelines suggest; or

 (c) material is recommended for classification at a lower level than the Board would consider appropriate, but only if:

 (i) classifiable elements are not identified; or

 (ii) classifiable elements are identified as having a lower impact than the classification guidelines suggest.

Part 2 Authorised television series assessors

4 Authorised television series assessors

 (1) The Director may, in writing, authorise a person as an authorised television series assessor.

 (2) The Director must not authorise a person as an authorised television series assessor if:

 (a) the person has not completed training approved by the Director in the making of assessments; or

 (b) a notice under section 6 is in force in relation to the person.

5 Revocation of authorised television series assessor status

 (1) The Director may, in writing, revoke an authorisation of a person as an authorised television series assessor if the Director is satisfied that 1 or more of the conditions mentioned in subsection (2) apply.

 (2) The conditions are as follows:

 (a) the authorised television series assessor has prepared an assessment of a television series film and the television series film contains classifiable elements that:

 (i) were not brought to the Board’s attention before the classification was made in accordance with paragraph 10 (d); or

 (ii) were brought to the Board’s attention before the classification was made in accordance with paragraph 10 (d) but the assessment of the elements was misleading, incorrect or grossly inadequate;

 (b) if the Director has requested that the authorised television series assessor complete further training approved by the Director in the making of assessments — the authorised television series assessor has not completed the training;

 (c) the authorised television series assessor has prepared 2 or more assessments mentioned in subsection 14B (1) of the Act that contain misleading, incorrect or grossly inadequate information.

Note   Subsection 3 (2) specifies circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate, or to contain misleading, incorrect or grossly inadequate information.

6 Barring notice to authorised television series assessor

 (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 film taking into account an assessment of the film prepared by the person;

 (ii) the Board has revoked the classification of the film under section 21AB of the Act; or

 (b) the person has prepared 2 or more assessments mentioned in subsection 14B (1) of the Act that 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 television series films while the notice remains in force (see section 4).

Note 2   Subsection 3 (2) specifies circumstances in which an assessment is taken to contain misleading, incorrect or grossly inadequate information.

 (2) The notice takes effect from the date specified in the notice and continues in force for a period, not exceeding 3 years, that is specified in the notice.

7 Review by AAT

  An application may be made to the Administrative Appeals Tribunal for review of a decision of the Director under subsection 5 (1) or 6 (1).

Part 3 Applicants

8 Barring notice to applicant

 (1) The Director may give a written notice to a person if:

 (a) the person has submitted 2 or more applications that were accompanied by assessments under section 14B of the Act; and

 (b) the assessments contained misleading, incorrect or grossly inadequate information; and

 (c) because of those assessments, the Director revoked the authorisation of the authorised television series assessors who prepared them.

Note   Subsection 3 (2) specifies circumstances in which an assessment is taken to contain misleading, incorrect or grossly inadequate information.

 (2) The notice takes effect from the date specified in the notice and continues in force for a period, not exceeding 3 years, that is specified in the notice.

 (3) If the Director gives a notice to a person under subsection (1), the person must not submit an assessment with an application for classification of a television series film under section 14B of the Act while the notice remains in force.

9 Review by AAT

  An application may be made to the Administrative Appeals Tribunal for review of a decision of the Director under subsection 8 (1).

Part 4 Assessment of television series films

10 Assessment

  An assessment of a television series film under section 14B of the Act must:

 (a) deal with each episode of the television series film and with all of the series‑related material; and

 (b) identify the impact of every classifiable element, and the impact and location of the highest classifiable elements; and

 (c) identify what the cumulative impact is for the entire product; and

 (d) include a recommendation on the appropriate classification for the television series film at the level of the content of the highest impact; and

 (e) include a recommendation on the appropriate consumer advice for the television series film.

Note   The classifiable elements are themes, violence, sex, language, drug use and nudity.

11 Disagreement with recommended classification

  If the Director or the Board disagrees with the recommended classification of a television series film, 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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this compilation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.