EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Classification (Publications, Films, and Computer Games) Amendment Act 2007
Proclamation
The Classification (Publications, Films and Computer Games) Amendment Act 2007 (the Act) amended the Broadcasting Services Act 1992, Classification (Publications, Films and Computer Games) Act 1995 and the Freedom of Information Act 1982 to effect the integration of the Office of Film and Literature Classification (OFLC) into the Attorney-General's Department (AGD). The amendments also reinforce the independence of the Classification Board and Classification Review Board, introduce an additional content assessor scheme, streamline the classification process and make other miscellaneous minor amendments.
Subsection 2(1) of the Act provides, in part, that the following provisions commence on a day to be fixed by Proclamation:
- Schedule 1; and
- Schedule 2, Part 1, items 1, 3-6, 10-12, 13, 15, 19, 20 and 26.
With the exception of items 3-6 in Part 1 of Schedule 2, if any of the nominated provisions did not commence within six months of the date the Act received Royal Assent, then those provisions would have commenced on the first day after the end of that six month period. Items 3-6 in Part 1 of Schedule 2 would have commenced on the first day after the end of 12 months if they were not proclaimed earlier. The Act received Royal Assent on 15 March 2007.
The purpose of the Proclamation is to fix 1 July 2007 as the day on which the provisions mentioned above commence.
Schedule 1 effects the integration of the OFLC into AGD. The amendments also remove the Director’s financial powers and responsibilities for the administration of the OFLC and replace references to that agency in legislation with more appropriate references. Staff from the AGD will support the Classification Board and Classification Review Board when executing their classification decision making functions.
Schedule 2 reinforces the independence of the Classification Board and Classification Review Board from each other by providing the existing office of Convenor of the Classification Review Board with powers to manage the administrative functions of the Classification Review Board that generally mirror those of the Director for the administration of the Classification Board. However, not all Schedule 2 provisions are being proclaimed. The relevant Schedule 2 provisions that would commence relate to:
- the Convenor exercising classification related powers and functions conferred under an arrangement between the Commonwealth and the States or Northern Territory;
- the Convenor’s powers to issue classification certificates for material classified by the Classification Review Board and written notices of a decision to the applicant and interested persons;
- a person applying to the Director or Convenor for a copy of the classification certificate or written notice of decision;
- the Director’s and Convenor’s powers to delegate powers to the Classification Board and Classification Review Board members and staff from the AGD;
- judicial or other proceedings relating to a matter arising out of the management of the administrative affairs of the Classification Board and Classification Review Board, including anything done by the Director or Convenor, being instituted by or against the Commonwealth;
- the Classification Review Board making decisions within a specified time; and
- the service of notices on a person at an address last known to the Director or Convenor.
Other items in the Act, including the remaining items in Schedule 2 and provisions in Schedule 3 and 4 will be proclaimed at a later date, or if not proclaimed, will commence 6 or 12 months after Royal Assent. This ensures sufficient time for the various administrative arrangements and required amendments to complementary State and Territory legislation to be instituted.
Consequential amendments have been made to the Financial Management and Accountability Regulations 1997 and Privacy (Private Sector) Regulations 2001 were made and come into effect at the same time as the integration provisions in Schedule 1 to the Act.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Classification Board and Classification Review Board were consulted on the Proclamation date. Further consultation is unnecessary for this legislative instrument as this instrument is of a machinery nature only.
Overview
The Classification (Publications, Films and Computer Games) Amendment Act 2007, enacted to integrate the Office of Film and Literature Classification (OFLC) into the Attorney-General's Department (AGD), and to make corresponding adjustments to various legislative frameworks, received Royal Assent on 15 March 2007. This Act aimed to streamline the classification process, reinforce the independence of the Classification Board and Classification Review Board, and introduce an additional content assessor scheme, addressing the need for a more efficient and independent classification system in Australia. The Commonwealth Parliament enacted this legislation to amend the Broadcasting Services Act 1992, the Classification (Publications, Films and Computer Games) Act 1995, and the Freedom of Information Act 1982, ensuring these changes align with the overarching policy objective of enhancing the administration and independence of classification boards. The integration of OFLC into AGD was proclaimed to commence on 1 July 2007, while other provisions would either commence at that time or within six to twelve months, depending on the specific amendment.
Scope and Application
The Classification (Publications, Films and Computer Games) Amendment Act 2007 applies to the integration of the Office of Film and Literature Classification (OFLC) into the Attorney-General’s Department (AGD), thereby affecting the classification processes and boards within the Commonwealth of Australia. This legislation primarily concerns the administrative restructuring of the OFLC, impacting the Classification Board and Classification Review Board, and their interactions with the AGD. The Act reinforces the independence of these Boards and introduces an additional content assessor scheme to streamline the classification process, thereby affecting the conduct and transactions related to the classification of publications, films, and computer games. The Act applies nationally across Australia, with the changes set to commence on 1 July 2007, as proclaimed. Certain provisions in Schedule 2, however, have different commencement dates, with most taking effect either six or twelve months after Royal Assent if not proclaimed earlier. The Act also extends its application through subordinate instruments, such as regulations, which may be necessary to facilitate the integration and ensure compliance with complementary state and territory legislation.
Key Provisions
The Classification (Publications, Films and Computer Games) Amendment Act 2007 brings several key provisions into effect, primarily through Schedule 1 and parts of Schedule 2, which aim to integrate the Office of Film and Literature Classification (OFLC) into the Attorney-General's Department (AGD) and to reinforce the independence of the Classification Board and Classification Review Board. Section 2(1) of the Act provides that these provisions will commence on 1 July 2007, as declared by the Proclamation. This integration is detailed in Schedule 1, which also removes the Director’s financial powers and responsibilities for the administration of the OFLC and replaces references to that agency with more appropriate references. Schedule 2, meanwhile, outlines measures to reinforce the independence of the Classification Board and Classification Review Board by providing the Convenor with powers to manage the administrative functions of the Classification Review Board.
The Act imposes several obligations on the parties it governs, particularly the Classification Board and Classification Review Board, as well as the Convenor. These bodies must now operate under the administrative support of the AGD staff while ensuring that their decisions remain independent and unbiased. The Convenor is tasked with exercising classification-related powers and functions under arrangements between the Commonwealth and the States or Northern Territory, issuing classification certificates and notices, and managing administrative affairs of both boards. Furthermore, the Director and Convenor have the power to delegate certain functions to members and staff from the AGD, ensuring that the administrative processes are streamlined and efficient. These changes are designed to maintain the integrity and independence of the classification process.
Breaches of the provisions outlined in the Act may result in various legal consequences. While the Act does not explicitly detail specific offences, penalties, or civil and criminal consequences for breaches, it is reasonable to infer that non-compliance with classification directives or administrative functions could lead to legal action. The independence and streamlined processes established by the Act are intended to prevent and manage such breaches effectively. Given the sensitive nature of classification and the potential impact on public access to publications, films, and computer games, any failure to adhere to the new administrative framework could attract penalties under existing legislation related to public administration and regulatory compliance. The exact penalties would depend on the specific breach and the applicable laws at the time of the offence.