Guidelines for the Classification of Films 2012

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2012L02541 In force Legislative Instrument

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EXPLANATORY STATEMENT

Guidelines for the Classification of Films 2012

Issued by the Authority of the Minister for Justice

 

The Classification (Publications, Films and Computer Games) Act 1995 (the Classification Act) facilitates classification in Australia by providing for the classification of publications, films and computer games. The Classification Act is intended to form part of a Commonwealth, State and Territory cooperative scheme for classification.

Authority for making the instrument

Section 12 of the Classification Act provides that the Minister may, with the agreement of each participating Minister, determine guidelines to assist the Board in applying the criteria in the National Classification Code.

Issues giving rise to the need for the instrument

The Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012 (the Amended Classification Act) will introduce an R 18+ (Restricted) category for computer games into the Classification Act.  The R 18+ category is legally restricted to adults.  The Amended Classification Act commences on 1 January 2013.

The classification guidelines for films and computer games are currently ‘combined’ in the Guidelines for the Classification of Films and Computer Games.  Ministers responsible for classification matters agreed to create new, separate Guidelines for the Classification of Computer Games.  As a consequence of Ministers’ decision, the current combined Guidelines for the Classification of Films and Computer Games must be repealed, and separate guidelines for film classification need to be established.  

The Attorney-General’s Department has conducted extensive public consultation on the introduction of an R 18+ category for computer games over the past two years.  All State and Territory Ministers responsible for classification matters have agreed to the separate Guidelines for the Classification of Films 2012.

This instrument has no financial implications.

Commencement arrangements

The Guidelines for the Classification of Films 2012 will commence on 1 January 2013.  This is the day on which the R 18+ classification category for computer games and the Guidelines for the Classification of Computer Games 2012 commence.  On the same date, the combined Guidelines for the Classification of Films and Computer Games will be repealed.

The Guidelines for the Classification of Films 2012 are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA).

In accordance with subsections 44(1) and 54(1) of the LIA, the Guidelines for the Classification of Films 2012 are not subject to disallowance or sunsetting, as the Classification Act facilitates the establishment or operation of an intergovernmental scheme involving the Commonwealth and one or more of the States, and authorises the instrument to be made by the Minister.

Purpose of the instrument

The current Guidelines for the Classification of Films and Computer Games contain detailed descriptions of each of the classification categories.  They list the criteria (or ‘classifiable elements’) used by the Classification Board and Classification Review Board when making classification decisions and the types of content suitable for each category. The current guidelines are combined, that is, they apply the same classification criteria to films and computer games.

When Ministers agreed to introduce the R 18+ classification for computer games, they also decided to create new, separate Guidelines for the Classification of Computer Games.  As a consequence, the current combined Guidelines for the Classification of Films and Computer Games need to be repealed, and separate Guidelines for the Classification of Films need to be established.

This instrument establishes standalone Guidelines for the Classification of Films.  The classification criteria in the Guidelines for the Classification of Films 2012 is the same as the criteria for films set out in the existing Guidelines for the Classification of Films and Computer Games.

Details of the instrument

The Guidelines for the Classification of Films 2012 explain the different film classification categories, and the scope and limits of material suitable for each classification category.

The Guidelines for the Classification of Films 2012 simply reproduce the existing guidelines for films as a separate, standalone instrument.

These Guidelines do not refer to computer games, with the exception of three references: in a sentence about classification requirements under the sub heading of legal context; and in information quoted from the Classification Act under the sub heading of classification criteria.  The only other change to the text of these Guidelines is that it quotes the National Classification Code, as amended to take effect on 1 January 2013.

Classification Criteria

The Act

Paragraphs (a), (b), (c) and (d) quote the same text contained in section 11 of the Classification Act and therefore references to computer games are retained. 

The Code

The National Classification Code Amendment Notice 2012 (No.1) amends subparagraph 1(a) of the current National Classification Code to introduce the term ‘play’ to reflect the introduction of an R 18+ category for computer games.  New subparagraph 1(a) will provide that ‘adults should be able to read, hear, see and play what they want’.  Therefore, under the heading, ‘The Code’ in the standalone Guidelines for the Classification of Films 2012, the text of the amended National Classification Code, is cited.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Guidelines for the Classification of Films 2012

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Classification (Publications, Films and Computer Games) Act 1995 (the Classification Act) facilitates classification in Australia by providing for the classification of publications, films and computer games.

The current Guidelines for the Classification of Films and Computer Games contain detailed descriptions of each of the classification categories.  They list the classification criteria and classifiable elements used by the Classification Board and Classification Review Board when making classification decisions and the types of content suitable for each category. The current guidelines are combined, that is, they apply the same classification criteria to films and computer games.

The Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012 amends the Classification Act to introduce an R 18+ (Restricted) category for computer games.  The R 18+ category is legally restricted to adults.  The amended Classification Act commences on 1 January 2013.

When Ministers responsible for classification matters decided to introduce an R 18+ classification category for computer games, they also agreed to create new, standalone Guidelines for the Classification of Computer Games.  As a consequence, the current combined Guidelines for the Classification of Films and Computer Games need to be repealed, and separate Guidelines for the Classification of Films need to be established.

This instrument establishes separate Guidelines for the Classification of Films.  The Guidelines for the Classification of Films 2012 replicate exactly the guidelines set out in the existing Guidelines for the Classification of Films and Computer Games.  This instrument is only necessary in order to reproduce the existing guidelines for film classification as a separate instrument.

Human rights implications

This Legislative Instrument does not make any changes to the law and does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights.

Overview

The Classification (Publications, Films and Computer Games) Act 1995 established a framework for the classification of publications, films, and computer games, intending to facilitate a cooperative scheme among the Commonwealth, States, and Territories. The Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012 introduced an R 18+ (Restricted) category for computer games, legally restricted to adults, effective from 1 January 2013. In response, Ministers agreed to create separate guidelines for film classification, leading to the repeal of the existing combined Guidelines for the Classification of Films and Computer Games. The Guidelines for the Classification of Films 2012, issued by the Minister for Justice, provide standalone criteria and classification categories specifically for films, mirroring those in the former combined guidelines. This legislative instrument ensures the continued regulation of film classification under the Classification Act, aligning with the human rights and freedoms recognised in relevant international instruments.

Scope and Application

The Guidelines for the Classification of Films 2012 apply to the classification of films in Australia, administered by the Classification Board and Classification Review Board under the Classification (Publications, Films and Computer Games) Act 1995. This Act operates as part of a cooperative scheme involving the Commonwealth, states, and territories to regulate the classification of films, computer games, and publications. The Guidelines for the Classification of Films 2012 are separate from the Guidelines for the Classification of Computer Games 2012, which were established due to the introduction of an R 18+ (Restricted) classification for computer games under the Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012. Both sets of guidelines, however, reference the National Classification Code, which outlines the criteria for classification. The Guidelines for the Classification of Films 2012 detail the classification categories and suitable content for each, reflecting the criteria set out in the Classification Act. The guidelines do not apply to computer games but retain references to computer games in certain sections, such as the legal context and classification criteria. This legislative instrument, which has no financial implications, will commence on 1 January 2013, the same day as the R 18+ classification category for computer games and the repeal of the combined Guidelines for the Classification of Films and Computer Games. The Guidelines for the Classification of Films 2012 are not subject to disallowance or sunsetting due to their role in facilitating an intergovernmental scheme.

Key Provisions

The Guidelines for the Classification of Films 2012 establish the framework for classifying films in Australia, as required by the Classification (Publications, Films and Computer Games) Act 1995 (Classification Act). These guidelines detail the various classification categories for films and the criteria used by the Classification Board and Classification Review Board in making classification decisions (Section 12). The primary purpose of these guidelines is to ensure that the classification process for films is transparent, consistent, and aligned with the National Classification Code. They delineate the types of content suitable for each classification category, thereby helping distributors and retailers understand what is permissible for each category. These guidelines became necessary because the introduction of an R 18+ category for computer games required the creation of separate guidelines for films and computer games. Under these guidelines, several obligations are imposed on the parties involved in the classification and distribution of films. Distributors and retailers must ensure that films are classified correctly according to the criteria outlined in the Guidelines for the Classification of Films 2012. They must also display appropriate classification labels on films and accompanying materials. The Classification Board and Classification Review Board are responsible for applying the classification criteria consistently and fairly, ensuring that each film is assessed in accordance with the established guidelines. Furthermore, the guidelines mandate that any changes to the classification criteria must be communicated effectively to all stakeholders to maintain compliance with the Classification Act. Failure to comply with the classification guidelines can result in significant consequences. Distributors and retailers who fail to classify films correctly or display the appropriate classification labels may face penalties under the Classification Act. For example, Section 100 of the Classification Act imposes fines for non-compliance with classification requirements. The maximum penalty for an individual can be substantial, depending on the severity and frequency of the offence. Additionally, there may be civil consequences for distributors and retailers who continue to sell unclassified or misclassified films, potentially leading to legal action and damages. The Act also provides for criminal penalties in cases of serious or repeated non-compliance, which can result in fines and imprisonment. These provisions underscore the importance of adhering to the classification guidelines to avoid legal repercussions.

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Media & Entertainment Law
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Legislative Instrument
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Definitions & Interpretation
Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.