Classification (Markings for Certified Exempt Films and Computer Games) Determination 2007

Overview

The Classification (Markings for Certified Exempt Films and Computer Games) Determination 2007 was enacted in response to the administrative change that integrated the Office of Film and Literature Classification (OFLC) into the Attorney-General's Department from 1 July 2007. This legislative instrument, issued under the authority of the Legislative Instruments Act 2003, ensures that the classification markings for certified exempt films and computer games remain consistent with the new organisational structure. The Determination revises the exempt description box to no longer reference the OFLC, aligning with the new administrative setup. The objective is to maintain the integrity and clarity of classification markings without requiring further consultation, given the nature of the administrative change.

Scope and Application

The Classification (Markings for Certified Exempt Films and Computer Games) Determination 2007 applies to the certification of films and computer games that are classified as exempt under the Commonwealth of Australia's Classification (Publications, Films and Computer Games) Act 1995. This legislation governs the classification and marking of films and computer games to ensure they are appropriately labelled for consumer awareness. The Determination sets out the specific requirements for the exempt description box, which must be used on certified exempt films and computer games, reflecting the administrative change of the Office of Film and Literature Classification being integrated into the Attorney-General's Department as of 1 July 2007. The Determination revokes the previous Classification (Markings for Certified Exempt Films and Computer Games) Determination 2005, effective from the same date. It is a legislative instrument governed by the Legislative Instruments Act 2003, and it applies nationally across Australia. The Determination does not specify any exclusions, exemptions, or thresholds, but it is noted that the determination does not require consultation as it arises from an administrative change rather than substantive legislative amendments.

Key Provisions

The main operative sections of the Classification (Markings for Certified Exempt Films and Computer Games) Determination 2007 (the Determination) include the revised exempt description box, which is now updated to reflect the integration of the Office of Film and Literature Classification (OFLC) into the Attorney-General's Department. This revision is detailed in Schedule 1, Part 2, Column 2, and it eliminates any references to the OFLC in the description box. Section 3 of the Determination revokes the Classification (Markings for Certified Exempt Films and Computer Games) Determination 2005, effectively replacing it with the new provisions. The Determination imposes obligations on parties involved in the classification and distribution of exempt films and computer games in Australia. These parties must ensure that any exempt films and computer games distributed after 1 July 2007 comply with the new description box requirements. This includes updating any promotional materials, packaging, or digital listings to reflect the revised exempt description box. The obligation extends to all distributors, retailers, and producers who classify their products as exempt under the Classification Act. The Determination also addresses the administrative change by clearly stating that the OFLC is now integrated into the Attorney-General's Department. This change affects the classification process and the responsibilities of the OFLC, ensuring that any future classifications or exemptions adhere to the updated administrative structure. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination itself. However, non-compliance with the Classification Act, including the requirements of the Determination, can result in legal action under the relevant provisions of the Act. Penalties for breaches can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as defined by the Classification Act. The Determination, as a legislative instrument, is governed by the Legislative Instruments Act 2003. Given that the Determination has been issued due to an administrative change rather than substantive legislative reform, consultation with stakeholders is deemed unnecessary. This approach ensures that the necessary updates are implemented efficiently without the delays that might be associated with broader consultation processes.