Classification (Publications, Films and Computer Games) Amendment Act 2004

Classification (Publications, Films and Computer Games) Amendment Act 2004

No. 61, 2004

An Act to amend the Classification (Publications, Films and Computer Games) Act 1995, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Classification (Publications, Films and Computer Games) Act 1995

Schedule 2—Amendment of the Broadcasting Services Act 1992

Classification (Publications, Films and Computer Games) Amendment Act 2004

No. 61, 2004

An Act to amend the Classification (Publications, Films and Computer Games) Act 1995, and for related purposes

[Assented to 26 May 2004]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Classification (Publications, Films and Computer Games) Amendment Act 2004.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Classification (Publications, Films and Computer Games) Act 1995

1  Section 5 (definition of Code)

Repeal the definition, substitute:

Code means the National Classification Code, set out in the Schedule to this Act as originally enacted, as amended in accordance with section 6.

2  Section 5 (paragraph (b) of the definition of contentious material)

Omit “M (15+)”, substitute “M”.

3  Section 5 (paragraph (b) of the definition of film)

Omit “game; or.”, substitute “game.”.

4  Paragraphs 5B(3)(c) to (e)

Repeal the paragraphs, substitute:

 (c) an advertisement for a film, or for a computer game, that has been classified M or a higher classification; or

 (d) material that would be likely to cause the film or computer game to be classified M or a higher classification.

5  Subsection 7(1)

Omit “(Refused Classification)”, substitute “Refused Classification”.

6  Subsections 7(2) and (3)

Repeal the subsections, substitute:

 (2) The following are the different types of classifications for films in ascending order:

G General

PG Parental Guidance

M Mature

MA 15+ Mature Accompanied

R 18+ Restricted

X 18+ Restricted

RC Refused Classification.

 (3) The following are the different types of classifications for computer games in ascending order:

G General

PG Parental Guidance

M Mature

MA 15+ Mature Accompanied

RC Refused Classification.

 (4) In subsections (1) to (3), text that is not in bold is included by way of explanation and does not form part of the classification.

7  Subsection 17(3)

Omit “G (8+) or M (15+)”, substitute “PG or M”.

8  Paragraph 20(1)(a)

Omit “MA, R or X”, substitute “MA 15+, R 18+ or X 18+”.

9  Paragraph 20(1)(b)

Omit “G (8+), M (15+) or MA (15+)”, substitute “PG, M or MA 15+”.

10  Subparagraph 28A(2)(c)(vi)

Omit “M (15+)”, substitute “M”.

11  Paragraph 28C(b)

Omit “M (15+)”, substitute “M”.

12  Subsection 33(2)

Omit “X or R”, substitute “X 18+ or R 18+”.

13  Subsection 42(5) (paragraph (b) of the definition of restricted decision)

Omit “MA, R, X”, substitute “MA 15+, R 18+, X 18+”.

14  Subsection 42(5) (paragraph (c) of the definition of restricted decision)

Omit “MA (15+)”, substitute “MA 15+”.

15  Schedule

Repeal the Schedule.

16  Application of amendments

(1) The amendments made by this Schedule apply to the doing of things at or after the commencement of this Schedule.

(2) The insertion of subsection 7(4) by item 6 of this Schedule does not affect the interpretation of section 7 of the Classification (Publications, Films and Computer Games) Act 1995 as in force before the inclusion of the subsection.

17  Conversion of certain pre‑commencement classifications of films to equivalent new classifications

If, just before this Schedule commenced, a film had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, the film is taken to have, and to have had at all times before this Schedule commenced when it had that classification, the classification of the type mentioned in column 3 of the table in relation to the item:

18  Conversion of certain pre‑commencement classifications of computer games to equivalent new classifications

If, just before this Schedule commences, a computer game had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, the computer game is taken to have, and to have had at all times before this Schedule commenced when it had that classification, the classification of the type mentioned in column 3 of the table in relation to the item:

19  Amendments not to affect validity of pre‑commencement applications

The amendments made by this Schedule do not affect the validity, for the purposes of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, of any application made under that Act before the commencement of this Schedule.

20  Markings for classifications

(1) After this Schedule commences, the Director may, under subsection 8(1) of the Classification (Publications, Films and Computer Games) Act 1995, determine:

 (a) markings for types of classifications that existed before the commencement of this Schedule; and

 (b) the manner in which the markings are to be displayed.

(2) To avoid doubt, the Director may under subitem (1) determine:

 (a) a marking that is the same as a marking that the Director has determined for a type of classification that exists after this Schedule commences; and

 (b) a manner in which a marking is to be displayed that is the same as the manner in which a marking for a type of classification that exists after this Schedule commences is to be displayed.

21  Giving of certain documents referring to former types of classifications

(1) To avoid doubt, if:

 (a) after the commencement of this Schedule, the Director is required under section 27 of the Classification (Publications, Films and Computer Games) Act 1995 to give a copy of a classification certificate or of a notice under section 26 of that Act; and

 (b) the classification certificate or notice was issued before the commencement of this Schedule and refers to a type of classification that, after the commencement of this Schedule, is no longer set out in section 7 of that Act;

the Director must give a copy of the classification certificate or notice that was issued, despite the certificate or notice referring to a type of classification that is no longer set out in section 7 of that Act.

(2) To avoid doubt, if:

 (a) after the commencement of this Schedule, the Director is required under section 87 of the Classification (Publications, Films and Computer Games) Act 1995 to give a certificate about action taken, or not taken, under that Act; and

 (b) the certificate is required to refer to a type of classification that, after the commencement of this Schedule, is no longer set out in section 7 of that Act;

the Director must refer in the certificate to the type of classification, despite the type no longer being set out in section 7 of that Act.

Schedule 2—Amendment of the Broadcasting Services Act 1992

1  Paragraph 123(3A)(d)

Omit “MA”, substitute “MA 15+”.

2  Subsection 123(3B)

Omit “MA”, substitute “MA 15+”.

3  Paragraph 123(3C)(d)

Omit “MA”, substitute “MA 15+”.

4  Subsection 123(3D)

Omit “MA”, substitute “MA 15+”.

5  Paragraph 7(1)(g) of Schedule 2

Omit “X”, substitute “X 18+”.

6  Paragraph 7(1)(ga) of Schedule 2

Omit “R”, substitute “R 18+”.

7  Paragraph 9(1)(g) of Schedule 2

Omit “X”, substitute “X 18+”.

8  Paragraph 9(1)(ga) of Schedule 2

Omit “R”, substitute “R 18+”.

9  Paragraph 10(1)(f) of Schedule 2

Omit “X”, substitute “X 18+”.

10  Paragraph 10(1)(g) of Schedule 2

Omit “R” (twice occurring), substitute “R 18+”.

11  Paragraph 11(3)(a) of Schedule 2

Omit “X”, substitute “X 18+”.

12  Paragraph 11(3)(b) of Schedule 2

Omit “R”, substitute “R 18+”.

13  Subclause 11(4) of Schedule 2

Omit “X”, substitute “X 18+”.

14  Clause 2 of Schedule 5

Omit “(Refused Classification)” (twice occurring).

15  Clause 2 of Schedule 5

Omit “X” (wherever occurring), substitute “X 18+”.

16  Clause 2 of Schedule 5

Omit “classified R by”, substitute “classified R 18+ by”.

17  Clause 2 of Schedule 5

Omit “classified R,”, substitute “classified R 18+,”.

18  Subclauses 6(1) and (2) of Schedule 5

Omit “X” (wherever occurring), substitute “X 18+”.

Note: The heading to clause 6 is altered by omitting “X” and substituting “X 18+”.

19  Paragraph 10(1)(a) of Schedule 5

Omit “X”, substitute “X 18+”.

20  Paragraph 10(1)(b) of Schedule 5

Omit “R”, substitute “R 18+”.

21  Subclause 10(2) of Schedule 5

Omit “X”, substitute “X 18+”.

22  Subclause 16(4) of Schedule 5 (paragraph (a) of the definition of restricted classification)

Omit “MA, R, X”, substitute “MA 15+, R 18+, X 18+”.

23  Subclause 16(4) of Schedule 5 (paragraph (b) of the definition of restricted classification)

Omit “MA (15+)”, substitute “MA 15+”.

24  Paragraph 30(2)(a) of Schedule 5

Omit “X”, substitute “X 18+”.

25  Paragraph 30(2)(b) of Schedule 5

Omit “R”, substitute “R 18+”.

26  Paragraph 32(1)(b) of Schedule 5

Omit “R”, substitute “R 18+”.

Note: The heading to clause 32 is altered by omitting “R‑rated” and substituting “R 18+ rated”.

27  Paragraph 24(1)(e) of Schedule 6

Omit “, X or NVE”, substitute “or X 18+”.

28  Paragraph 24(1)(f) of Schedule 6

Omit “R”, substitute “R 18+”.

29  Subclause 28(5) of Schedule 6

Omit “MA”, substitute “MA 15+”.

30  Application

The amendments made by this Schedule apply to the doing of things at or after the commencement of this Schedule.

31  Conversion of certain pre‑commencement classifications relating to films etc. to equivalent new classifications

If, just before this Schedule commenced:

 (a) a film; or

 (b) a program; or

 (c) Internet content not consisting of a computer game; or

 (d) datacasting content not consisting of an interactive computer game;

had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Broadcasting Services Act 1992 after this Schedule commences, the film, program, Internet content or datacasting content is taken to have, and to have had at all times before this Schedule commenced, the classification of the type mentioned in column 3 of the table in relation to the item:

32  Conversion of certain pre‑commencement classifications relating to computer games etc. to equivalent new classifications

If, just before this Schedule commenced:

 (a) Internet content consisting of a computer game; or

 (b) datacasting content consisting of an interactive computer game;

had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Broadcasting Services Act 1992 after this Schedule commences, Internet content or datacasting content is taken to have, and to have had at all times before this Schedule commenced, the classification of the type mentioned in column 3 of the table in relation to the item:

[Minister’s second reading speech made in—

House of Representatives on 24 March 2004

Senate on 11 May 2004]