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) (Modifications of Films) Amendment Instrument 2018
The Classification (Publications, Films and Computer Games) Act 1995 (the Act) facilitates the operations 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
Paragraph 20A(2)(e) and subsection 21(3) of the Act enable the Minister to make a legislative instrument prescribing modifications that would not require the modified item to be classified.
The Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015 (the 2015 Instrument) was made to add further types of modifications that would not require classification. This legislative instrument amends the 2015 instrument.
Purpose of the instrument
This legislative instrument adds more exceptions to the 2015 Instrument to provide for a greater range of modifications so that certain types of modified films do not require classification again. This legislative instrument covers the following types of modifications: format changes; colour grading, visual effects or audio level changes; and omitting footage or audio. This reduces the need for film distributors to submit these types of modified films for classification, while ensuring that consumers continue to be provided with accurate classification information to assist with their viewing choices.
Issues giving rise to the need for the instrument
Under subsection 21(1) of the Act, a classified film that is modified becomes unclassified when the modification is made. There are a few exceptions to this rule in the Act:
- modifications that include or remove an advertisement;
- modifications that change the format from 2D to 3D (or vice versa) if the change would not likely cause the film to be given a different classification; and
- the addition or removal of navigation functions or the addition or removal of material which provides a description or translation of the audio or visual content of the film as long as this material would not likely cause the film to be given a higher classification.
There are further exceptions to the rule in the 2015 Instrument:
- modifications that consist of a black and white film that has been changed to colour in full or in part (or vice versa); and
- a film in analogue format that has been converted to digital format (or vice versa).
Apart from these exceptions, any change made to a film renders the modified film unclassified, and therefore it needs to be submitted again for classification.
The current exceptions create some duplication for the home entertainment video industry, which releases content on different disc types (for example, DVD, Blu-ray or Ultra High Definition) that may have different bonus material on each. For example, a film released on Blu‑ray could have a range of bonus material (for example, deleted scenes, featurettes and audio commentary), the Ultra High Definition could have less bonus material (deleted scenes and audio commentary) and the DVD version could have even less bonus material (deleted scenes only). As the bonus features are not identical across each of the three formats, each constitutes a modification. Home entertainment video distributors need to submit each version for classification even if the classification would be the same across all formats.
This legislative instrument will reduce the need for unnecessary duplication in classification processes, primarily for the home entertainment video market and but also for certain films for theatrical or online release (for example, omitting a few minutes of footage or changing colour grading, audio levels or visual effects).
If the modification is likely to change the classification, it will need to be submitted again for classification. For example, if the removal of bonus material or the addition of final visual effects is likely to change the classification, the modified film will need to be submitted for classification.
Consultation
The Department consulted state and territory classification officials, the Classification Board, the Motion Picture Distributors Association of Australia (MPDAA), the Australian Home Entertainment Distributors Association (AHEDA) and the Australian Council on Children and the Media (ACCM).
The Classification Board, AHEDA and MPDAA supported the making of this instrument and state and territory classification officials had no concerns.
The ACCM raised some concerns about a previous proposal where the list of exceptions could cover modifications related to added footage or audio, in addition to omitted footage or audio. Following consideration of how to manage risks, the Department reduced the scope of the exceptions to not cover added footage or audio.
Commencement
This legislative instrument commences on the day after it is registered.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003 (LA). In accordance with subsections 44(1) and 54(1) of the LA, the instrument is not subject to disallowance or sunsetting because the Act facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more States, and authorises the instrument to be made by the Minister.
This instrument does not require a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
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: 22965).
Senator the Hon Mitch Fifield
Minister for Communications
17/1/18
Details of the Classification (Publications, Films and Computer Games) (Modifications of Films) Amendment Instrument 2018
Section 1 – Name
This section provides that the title of the instrument is the Classification (Publications, Films and Computer Games) (Modifications of Films) Amendment Instrument 2018.
Section 2 – Commencement
This section provides for the instrument to commence on the day after it is registered.
Section 3 – Authority
This section identifies the provisions that authorise the making of the instrument, namely paragraph 20A(2)(e) and subsection 21(3) of the Classification (Publications, Films and Computer Games) Act 1995 (the Act).
Section 4 – Schedules
This section gives effect to the amendments set out in Schedule 1.
Schedule 1 – Amendments
Item 1
This item adds further exceptions to the rule in subsection 5(1) so that films that are modified receive the same classification and consumer advice as the original film if the modification satisfies the Rule in section 5. The term original film is set out in the definitions section of the instrument.
The further exceptions cover format changes (‘any other format change’) that are not included currently in the Act or the instrument; colour grading, visual effects or audio level changes; and the omission of footage or audio present in the original film.
Any other format change has been included to cover possible changes made to films to include virtual reality (VR) content and other unforeseen format changes due to technological advances.
Colour grading, visual effects or audio level changes are included so that minor technical changes can be made to films without necessitating classification again. For example, the cinema industry has sometimes submitted films with non-finalised digital graphics or non-final colour grading due to time pressures. Technical changes that are subsequently made in the version for public release would generally not alter the classification level of the film.
Omitting footage or audio present in the original film seeks to address editing made to films which remove content that has no impact on the classification level of the film. It is intended to cover material typically found as bonus content on different formats such as DVDs, Blu-rays and UHD discs that often contain the same bonus content that has already been classified, only less of it. It also can cover editing such as where shorter versions or cuts of modified films are released, such as slightly shorter versions of a modified film for theatrical, home media or online release.
It is also intended that a modification that satisfies more than one criterion in subsection 5(1) will also satisfy the rule. For example, a film that is modified to cut out a scene and remove visible wires in another scene will comply with the rule.
Item 2
This item repeals paragraph 5(2)(b) as omitting footage or audio in the original film is now included as an exception in the rule set out in subsection 5(1).