EXPLANATORY STATEMENT
ISSUED BY THE DIRECTOR OF THE CLASSIFICATION BOARD
Classification (Markings for Publications) Amendment Determination 2008 (No 1)
The Classification (Publications, Films and Computer Games) Act 1995 (the Act) facilitates the operation of the intergovernmental co-operative legislative scheme for censorship in Australia. The Act provides for the classification of films, computer games and some publications.
Authority for making the Instrument
State and Territory legislation requires classified publications and advertising for these publications to display determined markings. The determined markings are to be displayed in the manner determined by the Director of the Classification Board under section 8 of the Act.
Purpose of the Instrument
The Classification (Markings for Publications) Determination 2007 (the Determination) stipulates the format, size and placement of the markings on product and advertising.
Issues giving rise to the need for the Instrument
From 1 July 2007, the Office of Film and Literature Classification (OFLC) was integrated into the Attorney-General's Department. As a result of this administrative change, the Determination was issued with revised determined markings which do not refer to the OFLC. The Determination commenced on 1 July 2007.
The Determination has been amended by the Classification (Markings for Publications) Amendment Determination 2008 (No 1). The amendment was required to rectify an oversight when the Determination was made. The Determination has been amended to allow the artwork in the Determination or the artwork in the amendment to be used as markings for these publications.
Consultation is unnecessary for this legislative instrument as it has been issued due to an oversight when the Determination was made. With reference to section 12(2) of the Legislative Instruments Act 2003 (LIA), the amendments are beneficial in nature and do not affect the rights of a person as at the date of commencement so as to disadvantage that person nor do the amendments impose any liabilities on any person in respect of anything done or omitted to be done before the date of registration. The amendments allow industry additional options for complying with the Determination.
Transitional arrangements
This Instrument commences on 1 February 2008. The Instruments amends the Classification (Markings for Publications) Determination 2007.
The Instrument is prospective. The transitional provisions have been amended to so that for Category 1 or Category 2 restricted publications classified after 1 July 2007, either of the two versions of the determined markings are allowed.
The Instrument is a legislative instrument for the purposes of the LIA. In accordance with sections 44(1) and 55(1) of the LIA, the Instrument is not subject to disallowance or sunsetting.
Donald McDonald
Director
Classification Board