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
Overview
The Classification (Markings for Publications) Amendment Determination 2008 (No 1) amends the Classification (Markings for Publications) Determination 2007, which was enacted under the Classification (Publications, Films and Computer Games) Act 1995. The primary purpose of this legislation is to facilitate the operation of the intergovernmental cooperative scheme for censorship in Australia, specifically concerning the classification of publications, films, and computer games. The Classification Board, as the enacting body, was responsible for determining the format, size, and placement of markings on product and advertising for classified publications to comply with state and territory requirements. This amendment was introduced to correct an oversight in the original determination, allowing the artwork specified in the determination or the amendment to be used as markings for restricted publications.
The Classification (Markings for Publications) Amendment Determination 2008 (No 1) was necessary because of an administrative change that occurred when the Office of Film and Literature Classification was integrated into the Attorney-General's Department from 1 July 2007. The amendment allows for additional options for industry compliance with the Determination, without imposing any liabilities or disadvantaging individuals. The amendment is prospective and commenced on 1 February 2008, and it is not subject to disallowance or sunsetting under the Legislative Instruments Act 2003.
Scope and Application
The Classification (Markings for Publications) Amendment Determination 2008 (No 1) applies to publications that are classified under the Classification (Publications, Films and Computer Games) Act 1995. It specifies the format, size and placement of markings that must be displayed on products and advertising for publications classified as restricted, ensuring consistency and compliance with state and territory requirements. This Determination is made under the authority of the Director of the Classification Board and amends the Classification (Markings for Publications) Determination 2007, addressing an oversight that arose following the integration of the Office of Film and Literature Classification into the Attorney-General's Department. The Amendment Determination allows for the use of specified artwork as markings for restricted publications, providing additional compliance options for the industry. The Determination applies nationally and commences on 1 February 2008, with transitional provisions allowing for the use of two versions of determined markings for restricted publications classified after 1 July 2007. The legislative instrument is not subject to disallowance or sunsetting under the Legislative Instruments Act 2003.
Key Provisions
The Classification (Markings for Publications) Amendment Determination 2008 (No 1) amends the Classification (Markings for Publications) Determination 2007 (the Determination), which governs the format, size, and placement of classification markings on publications and their advertising. The amendment was made necessary to address an oversight in the original Determination (section 1). The key change is the allowance for either the artwork in the Determination or the artwork in the amendment to be used as markings for publications, providing flexibility to the industry in complying with the requirements (section 1). This amendment came into effect on 1 February 2008.
Under the amended Determination, any publication classified as Category 1 or Category 2, which were classified after 1 July 2007, can use either the original markings from the 2007 Determination or the new markings introduced by the 2008 amendment (section 2). This change ensures that the revised markings, which do not refer to the Office of Film and Literature Classification (OFLC) since its integration into the Attorney-General's Department, are properly implemented.
The Classification (Markings for Publications) Amendment Determination 2008 (No 1) imposes specific obligations on publishers and advertisers to ensure that the correct classification markings are displayed on their publications and advertisements. The markings must conform to the determined format, size, and placement as specified in the Determination. Publishers and advertisers must also ensure that any artwork used as a marking is compliant with the requirements of the Determination. The amended Determination provides flexibility by allowing either the original or the new markings to be used, but it is crucial that the chosen artwork adheres to the specifications outlined in the Determination.
Failure to comply with the requirements of the Determination and its amendments can lead to civil consequences. Publishers and advertisers who do not display the correct classification markings on their publications and advertisements may be subject to enforcement actions by the Classification Board. While the specific penalties for non-compliance are not detailed in the text, it is understood that penalties can include fines or other corrective measures to ensure compliance with the classification scheme. The Classification (Markings for Publications) Amendment Determination 2008 (No 1) is a legislative instrument under the Legislative Instruments Act 2003 and, as such, is not subject to disallowance or sunsetting.