Classification (Markings for Publications) Determination 2007

Administered by Attorney-General's Department

Legislation au F2007L02054 Not in force Legislative Instrument

Legislation content

Classification (Markings for Publications) Determination 2007

as amended

made under section 8 of the

Classification (Publications, Films and Computer Games) Act 1995

This compilation was prepared on 1 February 2008
taking into account amendments up to Classifications (Markings for Publications) Amendment Determination 2008 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Determination [see Note 1]

 2 Commencement 

 3 Revocation 

 4 Object 

 5 Application 

 6 Markings for Publications 

 7 Placement of markings

 8 Visibility of markings

 9 Printed advertisements

 10 Minimum requirement

 11 Classification number

 12 Transitional

Notes   

 

 

 

1 Name of Determination [see Note 1]

  This Determination is the Classification (Markings for Publications) Determination 2007.

2 Commencement

  This Determination commences on 1 July 2007.

3 Revocation

  The Determination of Markings for Publications made under section 8 of the Classifications (Publications, Films and Computer Games) Act 1995 on 18 August 1999 is revoked.

4 Object

  The object of this Determination is to ensure that consumers have ready access to clear classification information to inform their choices about publications.

5 Application

  This Determination applies in relation to a publication classified on or after 1 July 2007. 

6 Markings for Publications

 (1) A marking that is required by this Determination to be displayed must be in the format and proportions shown in this section.

 (2) In this section, a marking that is superimposed on a black background does not include the black background.

 (3) A marking specified in subsections (4) to (7) shall have a minimum size of 30mm in height and 70mm in width.

 (4) For Unrestricted publications, the markings shall be in the form and content as shown below:

 

 

 (5) For Unrestricted publications with the consumer advice ‘M (Mature) — Not Recommended for Readers under 15 Years’, the markings shall be in the form and content as shown below:

 

 

 (6) The marking for a publication classified Category 1 restricted is either of the following:

 (a) 

 

 (b) 

 

 

 (7) The marking for a publication classified Category 2 restricted is either of the following:

 (a) 

 

 (b) 

 

7 Placement of markings

 (1) The classification markings in section 6 are to be prominently displayed on the front face or cover of the publication.

 (2) For a Category 1 Restricted publication or a Category 2 Restricted publication contained in opaque packaging material, both the publication and the packaging must display the classification markings, with markings to be placed in the top half of the front of the sealed package in which the publication is contained.

8 Visibility of markings

 (1) A marking must be displayed so that the form and manner of display is prominent, readily identifiable and clearly legible.

 (2) A marking must be displayed so that the typeface and colour are easily distinguishable from the background and any other matter with which they are displayed.

9 Printed advertisements

  In a printed advertisement or poster for a classified publication, the markings shall be:

 (a) the markings specified in section 6; and

 (b) the markings shall be increased or reduced in size in scale, along with the rest of the material included in the advertisement; and

 (c) the markings shall remain in proportion to that material included in the advertisement based upon the publication’s front cover scale.

10 Minimum requirement

  A requirement in this Determination that a matter or thing be a minimum size will be satisfied if the matter or thing exceeds that size.

11 Classification number

 (1) A publisher may apply to the Classification Operations Branch of the AttorneyGeneral’s Department for a dedicated classification number.

 (2) A classification number may be incorporated into the markings in the space provided in the lower right corner, as an identifier for industry.

 (3) An application for, and use of, a classification number is voluntary.

12 Transitional

 (1) The determined markings for publications classified between 31 October 1996 and 1 September 1999 shall remain those published in the Commonwealth of Australia Gazette No. GN 38 dated 25 September 1996.

 (2) For a publication classified on or after 1 September 1999 and before 1 January 2008, the applicable marking, and the applicable manner in which the marking is to be displayed, is as determined by any of the following for the type of classification applying to the publication:

 (a) this Determination as in force on 1 July 2007; or

 (b) this Determination as in force on 1 February 2008; or

 (c) the Determination of Markings for Publications, made under section 8 of the Act on 18 August 1999.

 (3) For a publication classified on or after 1 January 2008 and before 1 February 2008, the applicable marking, and the applicable manner in which the marking is to be displayed, is as determined by either of the following for the type of classification applying to the publication:

 (a) this Determination as in force on 1 July 2007; or

 (b) this Determination as in force on 1 February 2008.

Notes to the Classification (Markings for Publications) Determination 2007

Note 1

The Classification (Markings for Publications) Determination 2007 (in force under section 8 of the Classification (Publications, Films and Computer Games) Act 1995) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Classifications (Markings for Publications) Determination 2007

29 June 2007 (see F2007L02054)

1 July 2007

 

Classifications (Markings for Publications) Amendment Determination 2008 (No. 1)

21 Jan 2008 (see F2008L00093)

1 Feb 2008

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 1.................

rs. 2008 No. 1

S. 6.................

am. 2008 No. 1

S. 12.................

am. 2008 No. 1

 

 

Overview

The Classification (Markings for Publications) Determination 2007, made under section 8 of the Classification (Publications, Films and Computer Games) Act 1995, was enacted to ensure that consumers have ready access to clear classification information to inform their choices about publications. This legislative instrument commenced on 1 July 2007 and was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra. The policy objective of this determination is to mandate specific formats and placements for classification markings on publications, ensuring that these markings are prominently displayed, readily identifiable, and clearly legible. This determination applies to publications classified on or after 1 July 2007 and outlines requirements for the visibility and placement of classification markings, including specifications for the size and proportion of markings, and their visibility in advertisements.

Scope and Application

The Classification (Markings for Publications) Determination 2007 applies to publications classified on or after 1 July 2007 and is made under section 8 of the Classification (Publications, Films and Computer Games) Act 1995. The primary objective of this legislation is to ensure that consumers have ready access to clear classification information, thereby aiding their decisions about publications. This Determination specifies the format and placement of classification markings on publications, requiring these markings to be prominently displayed on the front face or cover of the publication, and mandates that they be visible, legible, and distinguishable from the background. The Determination also details the requirements for printed advertisements and provides for a voluntary classification number system. The geographic reach of this legislation is nationwide, applying across all states and territories in Australia. Transitional provisions are included for publications classified between specific dates, ensuring that the appropriate markings and display requirements are applied based on the classification date.

Key Provisions

The Classification (Markings for Publications) Determination 2007 (as amended) sets out specific requirements for the classification markings on publications classified under the Classification (Publications, Films and Computer Games) Act 1995. These markings must be displayed on the front cover or packaging of a publication, and they must adhere to the prescribed format and proportions as outlined in section 6. For instance, the markings must be at least 30mm in height and 70mm in width, and they must be prominently visible and easily legible. The placement of these markings varies depending on whether the publication is unrestricted or restricted, as detailed in sections 7 and 8. Additionally, the visibility of the markings must be such that the typeface and colour are clearly distinguishable from the background and any other matter with which they are displayed, as specified in section 8. Entities subject to this Determination, such as publishers and distributors, must ensure that their publications comply with the specified requirements for classification markings. This includes prominently displaying the required markings on the front cover or packaging, and adhering to the visibility and proportionality standards outlined in sections 7, 8, and 9. Publishers may also choose to apply for a dedicated classification number, which can be incorporated into the markings as an identifier for industry, though this is voluntary as noted in section 11. The Determination applies to publications classified on or after 1 July 2007, with specific transitional provisions for publications classified between 31 October 1996 and 1 January 2008 as detailed in section 12. Failure to comply with the requirements set out in the Classification (Markings for Publications) Determination 2007 may result in civil or criminal consequences, although the Determination itself does not explicitly outline specific penalties for non-compliance. However, the underlying act, the Classification (Publications, Films and Computer Games) Act 1995, may impose penalties for breaches related to classification and marking requirements. For example, misleading classification markings could potentially lead to fines or other legal actions under the broader legislative framework governing classification in Australia.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Markings for Publications

Interactions

Authorises

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