Classification (Publications, Films and Computer Games) Regulations (Amendment)

Overview

The Classification (Publications, Films and Computer Games) Regulations (Amendment) 1996 No. 331 was enacted to facilitate the implementation of the Classification (Publications, Films and Computer Games) Act 1995 by providing regulations that allow the Governor-General to prescribe certain matters related to the classification of publications, films, and computer games. This piece of legislation was introduced to address the need for a unified approach to the classification of these materials across Australia, in coordination with state and territory laws. The objective of the Act is to establish the Classification Board and the Classification Review Board and to set out procedures for classification, which are then adopted by state and territory legislation. The Classification (Publications, Films and Computer Games) Regulations (Amendment) were issued by the authority of the Attorney-General to enable the Director of the Classification Board to approve notices for the display of classifications for films, videos, and computer games, as required by state and territory laws. The Regulations aim to ensure consistency and uniformity in the enforcement of classification decisions across Australia.

Scope and Application

The Classification (Publications, Films and Computer Games) Regulations (Amendment) 1996 No. 331, issued under the authority of the Attorney-General, amends the original regulations established by the Classification (Publications, Films and Computer Games) Act 1995. This Act is designed as the Commonwealth's part of a cooperative scheme with the States and Territories for the classification of publications, films, and computer games. It creates the Classification Board and the Classification Review Board, and it outlines procedures for classification, which are then adopted in State and Territory enforcement laws. The primary aim of these Regulations is to specify certain provisions within State and Territory classification enforcement legislation, allowing the Director of the Classification Board to approve notices for displaying classifications for films, videos, and computer games. These notices are mandated to be displayed at retail, hire, and exhibition premises by State and Territory legislation, which also stipulates that these notices must be in a form approved by the Director. The Regulations extend the Director's powers under section 53 of the Act, enabling him to exercise powers conferred by prescribed provisions in State and Territory legislation, specifically relating to the display of approved notices.

Key Provisions

The key provisions of the Classification (Publications, Films and Computer Games) Regulations (Amendment) 1996 No. 331 pertain to the regulation and enforcement of the classification of publications, films, and computer games across Australia. Under section 93 of the Classification (Publications, Films and Computer Games) Act 1995 (the Act), the Governor-General has the authority to make regulations that prescribe matters permitted by the Act. Regulation 1 of the Amendment indicates that the Classification (Publication, Films and Computer Games) Regulations are amended to align with the cooperative scheme involving Commonwealth, State, and Territory governments for the classification of these items. This includes the establishment of the Classification Board (Board) and the Classification Review Board (Review Board) as specified in section 10 of the Act, which outlines the procedures for classification. These regulations impose several obligations on the parties and entities involved. For instance, Regulation 2 enables the Director of the Classification Board to exercise powers conferred by State and Territory classification enforcement legislation. This includes the power to approve notices for the display of classifications at retail, hire, and exhibition premises, as required by State and Territory laws. This ensures that the classifications made under the Act are properly displayed and enforced across all jurisdictions. Furthermore, the regulations detail the specific provisions of State and Territory classification enforcement legislation that the Director can exercise powers under, as outlined in section 53 of the Act. This includes the requirement that notices about the classifications for films, videos, and computer games must be displayed in a form approved by the Director of the Classification Board. This ensures consistency and compliance with the classification scheme across Australia. In terms of offences and penalties, the Amendment does not explicitly state the penalties for breaches of the regulations. However, it is implied that breaches of the enforcement laws adopted from State and Territory legislation, which the regulations aim to facilitate, could result in civil or criminal consequences. The maximum penalties for such breaches would be determined by the respective State and Territory laws. It is essential for entities involved in the retail, hire, and exhibition of films, videos, and computer games to comply with these regulations to avoid any legal repercussions.