Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2015

Overview

The Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2015, enacted under the Classification (Publications, Films and Computer Games) Act 1995, seeks to extend an exemption concerning the implementation of classification markings and consumer advice in advertisements for films, computer games, and some publications. This amendment was introduced to address the challenges faced by the cinema exhibition industry in adapting to the new requirements introduced by the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014. The original exemption, which was set to expire on 11 December 2015, was intended to give the industry a 12-month period to adjust their systems and procedures. However, due to industry feedback, the exemption has been extended to 1 February 2017 to allow sufficient time for the department to collaborate with industry on developing and piloting a technological solution and for industry to train staff to ensure a smooth transition to the new requirements. This amendment was enacted by the Minister for the Arts under the authority granted by the Act, aiming to facilitate the smooth implementation of the new classification requirements.

Scope and Application

The Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2015 is an instrument made under the Classification (Publications, Films and Computer Games) Act 1995. This Act establishes the co-operative legislative scheme for the classification of films, computer games and certain publications in Australia. The Amendment Determination extends an exemption regarding advertising classifications in the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014, allowing industry an additional period until 1 February 2017 to comply with the requirements. The extended exemption responds to requests from industry bodies, including Dendy, FEDCAC, ICAA, MPDAA, NACO and Sony Pictures, who indicated they require more time to adapt their systems and procedures and to develop technological solutions for compliance. The exemption applies to industry practices and conduct related to the classification and consumer advice for publications, films, and computer games across Australia, and it is intended to facilitate a smooth transition for industry to the new classification laws.

Key Provisions

The main operative sections of the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2015 (the Determination) are sections 3, 4 and 5. Section 3 extends the exemption for advertising in relation to the display of markings and consumer advice for films and computer games until 1 February 2017 (subsection 3(1)). Section 4 specifies that the exemption applies to the cinema exhibition industry (subsection 4(1)). Section 5 outlines the commencement of the Determination, stating that it commences on the day it is registered (subsection 5(1)). The Determination imposes obligations on the cinema exhibition industry to comply with the requirements for displaying markings and consumer advice for films and computer games. These obligations include ensuring that the appropriate classification markings are displayed in accordance with the principles set out in the Determination and providing consumer advice in a manner consistent with the principles outlined in the Determination. The cinema exhibition industry must also ensure that their systems and procedures are updated to comply with the requirements of the Determination by the end of the exemption period, which is now extended to 1 February 2017. Breach of the requirements set out in the Determination may result in civil or criminal consequences. The Act provides for various offences and penalties for non-compliance with classification laws. For example, section 23 of the Act makes it an offence to distribute, exhibit or supply a film or computer game without the appropriate classification markings, which may result in a fine of up to $11,000 for an individual and $55,000 for a body corporate. Similarly, section 24 of the Act makes it an offence to display consumer advice in a manner that is inconsistent with the principles set out in the Determination, which may also result in fines of up to $11,000 for an individual and $55,000 for a body corporate. In addition to the fines, the cinema exhibition industry may also face legal action from consumers who suffer harm as a result of non-compliance with the classification laws. For example, a consumer who is exposed to an inappropriate film or computer game due to a breach of the classification laws may bring a claim for damages against the cinema exhibition industry. The maximum penalties for such claims will depend on the specific circumstances of the case, but may include compensation for any harm suffered, as well as legal costs. Overall, the Determination provides an extension to the exemption for advertising in relation to the display of markings and consumer advice for films and computer games, which will allow the cinema exhibition industry to adapt their systems and procedures and incorporate advances in digital technology. However, it is important that the industry takes the necessary steps to comply with the requirements of the Determination and ensure that they are displaying the appropriate classification markings and consumer advice in accordance with the principles set out in the Determination. Failure to do so may result in civil or criminal consequences, including fines and legal action from consumers.