EXPLANATORY STATEMENT
ISSUED BY THE DIRECTOR OF THE CLASSIFICATION BOARD
CLASSIFICATION (MARKINGS FOR CERTIFIED EXEMPT FILMS AND COMPUTER GAMES) DETERMINATION 2005
The Classification (Publications, Films and Computer Games) Act 1995 (‘the Act’) facilitates the operation of the intergovernmental co-operative legislative scheme for censorship in Australia. The Act provides a system for the classifications of films, computer games and certain publications.
Authority for making the Determination
The Act empowers the Director to specify determined markings and the manner of display of such markings, for an unclassified film or computer game for which an exempt certificate under Division 6 Part 2 is in force (section 8 (4)).
Effect of the Determination
This Determination specifies the markings for films and computer games that are certified as exempt from classification under the Act and the manner of display of the markings.
Although the Determination cross applies the Classification (Markings for Films and Computer Games) Determination 2005 in respect of the manner of display of the markings, it is not a mandatory requirement to apply for a certificate of exemption or to use the markings determined by the Director in regard to exempt films and computer games. Certification permits rather than requires use of these markings.
Further, the exempt determined markings are only available for use by persons who have an exemption certificate issued by the Classification Board. Persons who self assess their product as exempt are not prohibited from marking products as exempt, but are not permitted to use the exempt determined markings.
The Determination provides industry with the discretion to use the exempt marking on any form of advertising, packaging etc of a certified exempt product. The Determination does not require the application of exempt markings on all or any advertising, packaging etc related to that product.
The Determination commences on 1 January 2006.
Purpose and operation of the Determination
The purpose of applying for an exempt certificate is for industry and consumers to be sure that the unclassified film or unclassified computer game contains no contentious material (ie material that would cause the product to be rated M (Mature) or above).
The objective of the Determination is to ensure that consumers have ready access to clear classification information to inform their choices about exempt films and exempt computer games.
Issues giving rise to the need for the Determination
The powers for the Classification Board to grant an exempt certificate for an unclassified film or unclassified computer game (section 28B) and the power for the Director to specify determined markings where an exempt certificate is in force (section 8(4)) were incorporated into the Act in 2001. Fees for the exempt certificate application came into effect on 1 December 2005.
There is not currently an exempt marking determined by the Director. The determination of this marking assists to distinguish between industry self-assessed exempt products and products certified as exempt by the Classification Board.
Likely impact of the Determination
Applications for certificates for exempt films or exempt computer games are voluntary. Industry can continue to self assess films and computer games as exempt and mark their product accordingly. However industry has advised that in some circumstances greater certainty of a product’s exempt status is helpful.
Applying for exempt certification provides assurances to industry that the product that they are exhibiting, selling or advertising contains no contentious material (ie material that would cause the product to be rated M (Mature) or above) and is indeed exempt from classification.
Certification by the Classification Board allows consumers to have confidence in these products and the markings will distinguish such films and computer games in the market place.
Consultation regarding the development of the Determination
Industry was extensively consulted regarding the Classification (Markings for Films and Computer Games) Determination 2005, including the exempt marking. Details can be found in the Explanatory Statement to that Instrument.
Industry was also consulted in the context of the amendments to the Act which provide for exempt films ad computer games.
Legislative instrument status
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA). In accordance with sections 44(1) and 55(1) of the LIA, the Determination is not subject to disallowance or sunsetting.
Desmond Matthew Clark
DIRECTOR OF THE CLASSIFICATION BOARD
16 December 2005