Classification (Markings for Certified Exempt Films and Computer Games) Determination 2005

Overview

The Classification (Markings for Certified Exempt Films and Computer Games) Determination 2005 was enacted in 2005 to address the need for clear classification information for products that are exempt from classification under the Classification (Publications, Films and Computer Games) Act 1995. The Classification Board, acting under the authority granted by the Act, has specified the markings for films and computer games certified as exempt from classification, as well as the manner of display of these markings. This Determination, which came into effect on 1 January 2006, was developed to provide industry and consumers with certainty that exempt products contain no contentious material. While it is not mandatory for products to bear the determined markings, their use assists in distinguishing between certified exempt products and those self-assessed as exempt by the industry, thereby enhancing consumer confidence in the product's classification status.

Scope and Application

The Classification (Markings for Certified Exempt Films and Computer Games) Determination 2005 applies to films and computer games that have been granted an exempt certificate under Division 6 Part 2 of the Classification (Publications, Films and Computer Games) Act 1995. This legislation facilitates the operation of the intergovernmental cooperative legislative scheme for censorship in Australia. The Act provides a system for the classification of films, computer games, and certain publications. The Determination is concerned with the specific markings and their display for films and computer games that are certified as exempt from classification, which are products deemed to contain no contentious material that would warrant a rating of Mature (M) or above. The scope of the Determination extends to the entire Commonwealth of Australia, aligning with the broader objectives of the Act. The Determination allows industry to voluntarily use determined markings on certified exempt films and computer games, providing clarity and consumer confidence regarding the exempt status of these products. The markings serve to distinguish between industry self-assessed exempt products and those certified by the Classification Board. However, the use of these markings is not mandatory, and the Determination does not compel the application of exempt markings on all or any advertising, packaging, or other materials related to the products. The Determination commenced on 1 January 2006 and is a legislative instrument under the Legislative Instruments Act 2003, meaning it is not subject to disallowance or sunsetting.

Key Provisions

The main operative sections of this Determination (sections 8(4) and 28B) provide for the Director of the Classification Board to specify determined markings for films and computer games that are certified as exempt from classification under the Act, and the manner of display of such markings. This is to ensure that consumers have ready access to clear classification information, enabling them to make informed choices about exempt films and computer games. Section 8(4) of the Act empowers the Director to specify these markings, while section 28B provides for the Classification Board to grant an exempt certificate for unclassified films or computer games. The Determination imposes certain obligations on parties and entities it governs. Firstly, it allows industry to use the exempt determined markings on any form of advertising, packaging, etc., of a certified exempt product, provided they have obtained an exemption certificate issued by the Classification Board. This ensures that the markings are only used by certified products, distinguishing them from self-assessed exempt products. Secondly, the Determination does not require the application of exempt markings on all or any advertising, packaging, etc., related to the exempt product, giving industry the discretion to use the markings as they see fit. Failure to comply with the requirements of the Determination may lead to civil or criminal consequences. However, the Determination itself does not create any specific offences, penalties, or consequences for breach. The primary consequence of not complying with the Determination is that the product may not have the clear classification information that consumers expect, potentially leading to confusion or dissatisfaction. Any legal consequences would stem from breaches of other related legislation, such as the Classification (Publications, Films and Computer Games) Act 1995 or the Trade Practices Act 1974, rather than the Determination itself. It is essential for parties and entities governed by the Determination to be aware of their obligations under the Act and other relevant legislation to avoid any potential legal issues.