Classification (Waiver of Fees) Principles 2000
I, DES CLARK, Director of the Classification Board, determine the following Principles under subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995.
Dated 21 September 2000
d clark
Director
I, DARYL ROBERT WILLIAMS, Attorney-General, acting under subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995 agree to the following Principles.
Dated 22 September 2000
daryl williams
Attorney-General
Contents
Page
1 Name of Principles
2 Commencement
3 Definitions
4 Purpose
5 Waiver Applications
6 Consideration of material
7 Waiver in the public interest
8 Full waiver
9 Partial waiver
10 Adult material
11 Enforcement applications
1 Name of Principles
These Principles are the Classification (Waiver of Fees) Principles 2000.
2 Commencement
These Principles commence on the date on which the Attorney-General agrees to these Principles.
3 Definitions
Act means the Classification (Publications, Films and Computer Games) Act 1995.
application under the Act means an application under section 13, 14, 17, 27, 29, 32 or 43 of the Act.
material, in relation to a waiver application, means a publication, film, computer game or advertisement that is the subject of an application under the Act.
waiver application means an application under subsection 91(1) of the Act for the waiver of all or part of the payment of fees payable, or notionally payable, under the Act.
Note Expressions defined in the Act include adult, advertisement, computer game, contentious material, Director, enforcement application, film, publication, submittable publication.
4 Purpose
These Principles set out matters that will be considered, and information that is required, by the Director when making decisions about waiver applications.
5 Waiver applications
(1) A waiver application:
(a) must be, in writing, addressed to the Director; and
(b) must include the name and address of the applicant; and
(c) must set out the grounds on which a waiver is sought and the reason why it should be granted; and
(d) must indicate whether a full or partial waiver is sought.
(2) A waiver application must be accompanied by:
(a) a properly completed application under the Act; and
(b) if the applicant is a non-profit organisation, evidence to that effect; and
(c) in the case of an application under the Act for the classification of a publication, film or computer game, for the approval of an advertisement or for a certificate of exemption:
(i) a copy of the material to which the application relates; and
(ii) a statement setting out:
(A) information about the purchase price (including ticket prices), if any, of the material intended for exhibition or sale; and
(B) information about the number of prints or copies of the material that will be distributed for exhibition, sale or hire; and
(C) a description of the likely or intended audience for the material; and
(D) whether the material is to be released primarily for commercial purposes.
(3) A waiver application may be rejected if the Director has reasonable grounds for believing that the information supplied by the applicant is false or misleading in a material particular.
6 Consideration of material
(1) In making a decision on a waiver application, material will be taken to be:
(a) educational, if its main purpose is for training, instruction or reference, as a manual, a lesson, an encyclopedia or a guide; and
(b) special interest material, if it relates to a subject, interest or pursuit that is of particular interest to a group of persons, such as a community group or a cultural group, as distinct from the public at large; and
Example
A hobby, recreational activity or a special event.
(c) of limited distribution, if the material is intended to be published, or otherwise made available in small quantities not exceeding the following limits:
(i) for a film for public exhibition — 3 prints or copies;
(ii) for a film for sale or hire — 50 prints or copies;
(iii) for a computer game — 20 prints or copies;
(iv) for a publication — 50 prints or copies; and
(d) a documentary record of an event, if it provides a factual record or report of an occurrence or an event; and
Example
A significant life, a material history, a sporting fixture, a horticultural display, a public ceremony, an artistic performance or a family occasion, such as a wedding.
(e) of a cultural or like nature, if it relates to:
(i) the cultivation of the mind or manners, especially through artistic or intellectual activity; or
(ii) a community activity; or
Example
An artistic performance or event, a pursuit to improve understanding or reason, a hobby such as model trains or gardening.
(iii) a religion or the customs and achievements of a particular group or community.
(2) In considering whether material is intended to have limited distribution, regard will also be had to the likely demand and the likely financial return to the applicant from the release of the material.
7 Waiver in the public interest
(1) A waiver will be considered to be in the public interest if the material:
(a) involves a matter of interest to the public at large, or to a significant portion of the public; or
(b) provides a public benefit; or
(c) encourages or contributes to a desirable public purpose.
(2) In assessing the public interest, consideration will be given to:
(a) the general nature and content of the material; and
(b) the persons or class of persons to whom, or amongst whom, the material is intended, or likely, to be published; and
(c) the persons or class of persons, who are likely to benefit directly, or indirectly, from publication of the material.
8 Full waiver
The payment of fees may be waived in full if:
(a) the applicant is an agency or authority of the Commonwealth, a State or Territory, and the material is to be released for public health, or educational purposes, and not primarily for commercial purposes; or
(b) the applicant is a non-profit organisation, established for the public benefit and the material is not to be released primarily for commercial purposes; or
(c) in the case of an applicant not referred to in paragraph (a) or (b), the material concerned is to be released for public health, or educational purposes, and not primarily for commercial purposes — it is demonstrated that:
(i) the applicant will not gain materially, including by way of promotion, from the release of the material; and
(ii) the public will benefit from the release of the material.
9 Partial waiver
(1) For a partial waiver of fees, the fees payable will usually be reduced to an amount that is 50% of the fees that would otherwise be payable.
(2) However, in relation to a film or computer game that contains contentious material, or in relation to a submittable publication, the fees payable may be reduced to an amount that is 75% of the fees that would otherwise be payable.
10 Adult material
The payment of fees in relation to material referred to in paragraph 91(1)(c) of the Act will not be waived if the material is likely to be restricted to adults.
11 Enforcement applications
These Principles do not apply to enforcement applications that are governed by the intergovernmental agreement between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory that relates to a revised cooperative legislative scheme for censorship in Australia, dated 28 November 1995.