Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2017

Administered by Department of Communications and the Arts

Legislation au F2017L00029 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Communications
Classification (Publications, Films and Computer Games) Act 1995
Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2017

The Classification (Publications, Films and Computer Games) Act 1995 (the Act) facilitates the operation of the cooperative legislative scheme for classification in Australia. The Act sets out procedures for the classification of films, computer games and some publications.

Authority for making the instrument

Subsection 8(1) of the Act enables the Minister, by legislative instrument, to determine markings for each type of classification giving information about the classification and principles relating to the display of the markings and consumer advice.

Subsection 8(1A) of the Act provides that the Minister may determine principles relating to the manner in which the markings are to be displayed.

Subsection 8(1B) of the Act provides that the Minister may determine principles relating to the manner in which consumer advice is to be displayed.

Purpose of the instrument

This legislative instrument provides for an exemption from the requirement for a still or moving image that advertises a classified film or computer game on a screen to display the consumer advice relating to the film or game. This is provided in item 4 which inserts subsection 15(3) into the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014 (the principal determination).

Issues giving rise to the need for the instrument

The exemption in the principal determination states that a still or moving image that advertises a classified film or computer game on a screen does not need to display consumer advice if the person screening the advertisement reasonably considers that they are incapable of adding consumer advice to the content of the advertisement. The exemption ends on 1 February 2017.

Advertisements that are subject to the requirement include movie trailers that are shown to audiences in cinemas. The cinema exhibition industry has indicated that it is unable to comply with the requirement to display consumer advice and has requested an ongoing exemption.

It will still be a requirement in the principal determination that advertisements on a screen display the classification markings of the advertised film or computer game. Cinemas will still be required to display classification markings and consumer advice for films before the point of ticket purchase, including on the internet for online ticket sale.

Consultation

The Department consulted state and territory classification officials and the Independent Cinema Association of Australia (ICAA), the National Association of Cinema Operators (NACO), the Motion Picture Distributors Association of Australia (MPDAA) and the Interactive Games and Entertainment Association (IGEA).

Commencement

This legislative instrument commences on 2 February 2017 immediately after the expiry of “Part 4 Further transitional provisions” in the principal determination on 1 February 2017.

In accordance with subsections 44(1) and 54(1) of the Legislation Act 2003, the legislative instrument is not subject to disallowance or sunsetting. This is because the Act facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more of the states, and authorises the instrument to be made for the purposes of the scheme by the Minister.

Regulation Impact

The Office of Best Practice Regulation (OBPR) advised that the legislative instrument does not have a major regulatory impact and a Regulation Impact Statement is not required (OBPR ID: 21568).

Senator the Hon Mitch Fifield
Minister for Communications

19 December 2016


Details of the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2017

Item 1 – Name

Item 1 provides that the title of the instrument is Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2017.

Item 2 – Commencement

Item 2 provides for the instrument to commence immediately upon the expiry of “Part 4 Further transitional provisions” in the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014 on 1 February 2017. The instrument commences on 2 February 2017.

Item 3 – Amendment of paragraph 15(1)(c) of Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014

Item 3(1) inserts “subject to subsection 15(3),” before “A still or moving image” in paragraph 15(1)(c) of the principal determination.  

Item 3(2) omits “A” and inserts “a”.

This means that the requirement in paragraph 15(1)(c) of the principal determination that a still or moving image that advertises a classified film or computer game (including an online advertisement) must display the relevant classification marking and consumer advice is subject to an exemption in subsection 15(3) of that determination.

Item 4 – After subsection 15(2) of Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014

Item 4 inserts an exemption provision as subsection 15(3) immediately after subsection 15(2) of the principal determination. The exemption provision states that if a person reasonably considers that they are incapable of adding to the content of an advertisement, it will be sufficient for compliance purposes if the classification symbol rectangle or classification symbol square applicable to the advertised film or computer game is displayed. In such a situation, there is no obligation to display consumer advice. Item 4 notes when this exemption provision may apply.

 

Overview

The Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2017 was enacted in response to the need for an ongoing exemption from the requirement to display consumer advice for advertisements of classified films and computer games shown on screens. This amendment was introduced by the Minister for Communications under the authority granted by the Classification (Publications, Films and Computer Games) Act 1995. The primary objective of this amendment is to address the difficulties faced by the cinema exhibition industry in complying with the existing requirement to display consumer advice, while still mandating the display of classification markings for such advertisements. This legislative instrument aims to provide clarity and practical relief to the industry, allowing for a more streamlined operation without compromising the core objectives of the classification scheme.

Scope and Application

The Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2017 amends the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014 to provide an ongoing exemption from the requirement for still or moving images that advertise classified films or computer games on a screen to display consumer advice. This exemption applies if the person screening the advertisement reasonably considers they are incapable of adding consumer advice to the content of the advertisement. The amendment applies to persons and entities involved in the exhibition of advertisements for films and computer games in Australia, including cinemas, online platforms, and distributors. The geographic reach of the amendment is national, as it pertains to the cooperative legislative scheme for classification in Australia involving the Commonwealth and the states. The amendment does not specify any exclusions or exemptions beyond the stated exemption for inability to add consumer advice. The Minister for Communications made this amendment under the authority granted by the Classification (Publications, Films and Computer Games) Act 1995, which sets out procedures for the classification of films, computer games, and some publications. The instrument commenced on 2 February 2017, immediately following the expiry of transitional provisions in the principal determination. The amendment is not subject to disallowance or sunsetting due to the nature of the intergovernmental scheme it facilitates.

Key Provisions

The Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2017 (the Determination) amends the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014. This amendment introduces a permanent exemption from the requirement to display consumer advice for advertisements that screen classified films or computer games (sections 3 and 4). Specifically, if a person reasonably believes they cannot add consumer advice to an advertisement, it is sufficient to display the appropriate classification symbol (section 15(3)). This amendment responds to the cinema exhibition industry's inability to comply with the previous requirement, which ended on 1 February 2017. The Determination imposes certain obligations on entities such as cinemas and online platforms that screen advertisements for classified films or computer games. The primary obligation is to display the relevant classification markings for the film or computer game, irrespective of whether consumer advice is displayed (section 15(1)(c)). This requirement ensures that audiences are informed of the content rating of the films or games they view. However, if a person reasonably considers it impossible to add consumer advice to an advertisement, only the classification markings need be displayed (section 15(3)). The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, the overarching Classification (Publications, Films and Computer Games) Act 1995 (the Act) does provide a framework for enforcement. Under the Act, non-compliance with classification requirements could lead to penalties, including fines and potential legal action. The exact penalties would depend on the specific nature and severity of the non-compliance as determined under the Act.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.