EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Home Affairs
Guidelines for the Classification of Films and Computer Games Amendment 2008 (No.1)
The Classification (Publications, Films and Computer Games) Act 1995 (the Act) facilitates the operation of the National Classification Scheme, a cooperative arrangement between the Commonwealth, States and Territories. Under the Act, the Classification Board and Classification Review Board classify films (including videos and DVDs), computer games and certain publications in accordance with the National Classification Code and classification guidelines.
Section 12 of the 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. For the purposes of the Act, ‘participating minister’ means a State or Territory Censorship Minister. Subsection 12(3) provides that the guidelines are to be taken to be amended when all participating Ministers have agreed to the amendments.
On 1 July 2007 the Office of Film and Literature Classification (OFLC) was integrated into the Australian Government Attorney-General’s Department. The introduction to the Guidelines for the Classification of Films and Computer Games previously read ‘Administrative support for both Boards is provided by the Commonwealth Office of Film and Literature Classification.’ In accordance with subsection 12(3) of the Act, all Censorship Ministers agreed to amend that sentence so that it reads ‘Administrative support for both Boards is provided by the Australian Government Attorney‑General’s Department.’
The purpose of the Guidelines for the Classification of Films and Computer Games Amendment 2008 (No.1) is to give effect to the agreement of Censorship Ministers to amend the guidelines
State and Territory Censorship Ministers were consulted on, and agreed to, the content of this instrument. Further consultation was unnecessary for the amendments were of an administrative and machinery nature only.
The Guidelines for the Classification of Films and Computer Games Amendment 2008 (No.1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA). The instrument is exempt from disallowance and sun-setting by virtue of subsection 44(1) and subsection 54(1) of the LIA respectively.
Overview
The Guidelines for the Classification of Films and Computer Games Amendment 2008 (No.1) is a legislative instrument that amends the Guidelines for the Classification of Films and Computer Games under the Classification (Publications, Films and Computer Games) Act 1995. Enacted in 2008, this instrument responds to the administrative integration of the Office of Film and Literature Classification into the Australian Government Attorney-General’s Department, effective from 1 July 2007. The primary objective of this amendment is to update the guidelines to reflect the new administrative support arrangements for the Classification Board and Classification Review Board, which now fall under the Attorney-General’s Department rather than the Commonwealth Office of Film and Literature Classification. This change was agreed upon by all State and Territory Censorship Ministers, ensuring alignment with the updated administrative framework. The instrument was deemed exempt from disallowance and sunsetting provisions, highlighting its administrative nature and the unlikelihood of requiring further legislative scrutiny.
Scope and Application
The Guidelines for the Classification of Films and Computer Games Amendment 2008 (No.1) applies to the Classification Board and Classification Review Board as established under the Classification (Publications, Films and Computer Games) Act 1995. This Act governs the operation of the National Classification Scheme, a collaborative effort between the Commonwealth, States, and Territories. The primary function of these boards is to classify films, computer games, and certain publications in accordance with the National Classification Code and classification guidelines. The amendment pertains to administrative changes, updating the provision of administrative support for these boards from the Commonwealth Office of Film and Literature Classification to the Australian Government Attorney-General’s Department, effective from 1 July 2007. This change was agreed upon by all participating Ministers, including State and Territory Censorship Ministers, and thus, the guidelines were amended to reflect this administrative shift. The amendment is subject to the legislative framework of the Legislative Instruments Act 2003, with specific exemptions from disallowance and sun-setting provisions.
Key Provisions
The Guidelines for the Classification of Films and Computer Games Amendment 2008 (No.1) primarily amends the existing guidelines that assist the Classification Board and Classification Review Board in their classification of films, computer games, and certain publications under the Classification (Publications, Films and Computer Games) Act 1995. Section 12 of the Act empowers the Minister, with the consent of all participating ministers, to determine these guidelines to aid the Boards in applying the criteria outlined in the National Classification Code. The specific amendment in this legislative instrument updates the reference to the entity providing administrative support from the Commonwealth Office of Film and Literature Classification to the Australian Government Attorney-General’s Department, reflecting the integration of the Office of Film and Literature Classification into the Attorney-General's Department on 1 July 2007.
The obligations imposed by this legislation on the parties governed by it, notably the Classification Board and Classification Review Board, include adhering to the amended guidelines for classification purposes. These guidelines ensure that the administrative support mentioned in the guidelines is sourced from the Australian Government Attorney-General’s Department rather than the former Office of Film and Literature Classification. The participating ministers' role in agreeing to these amendments and ensuring the updated guidelines are implemented reflects their commitment to maintaining a consistent and cooperative approach to classification across jurisdictions.
In terms of legal consequences, the Act does not explicitly detail offences or penalties for breaches of the guidelines themselves. However, non-compliance with the classification guidelines or the National Classification Code could potentially lead to broader legal repercussions. For example, if a film or computer game is misclassified and subsequently found to violate community standards or legal requirements, it could result in civil or criminal penalties under other related laws. The severity and specifics of such penalties would depend on the nature of the breach and the applicable laws, rather than the guidelines per se. It is important to note that the focus of this legislative instrument is administrative and procedural, rather than penal.