EXPLANATORY STATEMENT
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
Classification (Publications, Films and Computer Games) Act 1995
NATIONAL CLASSIFICATION CODE
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.
Under section 9 of the Act, publications, films and computer games are to be classified in accordance with the National Classification Code (the Code) and the classification guidelines.
Paragraph 1(b) of the Code, in the tables for each of ‘publications’, ‘films’ and ‘computer games’, prescribes a circumstance under which the Classification Board or the Classification Review Board must refuse classification for the material. Additional circumstances are prescribed in paragraphs 1(a), 1(c) and, in the case of computer games, 1(d).
Section 6 of the Act provides that participating Ministers may amend the Code. Participating Ministers have amended paragraph 1(b) in the Code tables.
The age mentioned in 1(b) has increased from 16 to 18. This change ensures that the Code is consistent with Australian’s international obligations regarding the elimination of child pornography under the International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182).
The Classification Board would currently refuse classification of pornographic material involving 16 and 17 year olds and the sale, hire or public exhibition of that material would therefore be prohibited under the current arrangements. However, in order to ensure that the classification system continues to prohibit such material, the Code has been amended. The amendment to the Code is directed at child pornography and will not adversely effect the material that is permissible in dramatic films.
Paragraph 1(b) has also been amended to ensure the words ‘describe or depict’ are used consistently throughout the Code. Currently the Code tables relating to films and computer games only use ‘depict’, and the Code table relating to publications uses ‘describe or depict’. The addition of the word ‘describe’ to the films and computer games tables is not intended to extend the coverage of the RC category, but rather to remove any possible confusion about the use of different words in the different tables.
Paragraph 1(b) has also been amended by replacing the words ‘or who looks like’ with ‘or who appears to be’. Again, the change of words is not intended to alter in any way the interpretation of the RC category. Rather, the amendment is for consistency with provisions in the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004, amendments to Customs Regulations and amendments to definitions of child abuse material and child pornography in State and Territory legislation.
There was no public consultation on the amended Code as the amendment was considered minor. The amendments to the Code were required to ensure compliance with ILO 182. As pornographic material involving 16 and 17 year olds is already refused classification under paragraph 1(a) of the Code, the amendment was considered minor. Under Part VI of the Intergovernmental Agreement relating to a revised co-operative legislative scheme for censorship in Australia, public consultation is required prior to any amendment to the Code, except where Ministers consider the proposal minor.
The Code is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA). In accordance with sections 44(1) and 55(1) of the LIA, the Code is not subject to disallowance or sunsetting.
The amended Code commenced on 17 March 2005, which was the day on which all participating Ministers had agreed to the amendment.