Notification under section 23(2) of the Classification (Publications, Films and Computer Games) Act 1995 – Call in notice for Gender Queer: A Memoir

Overview

The Classification (Publications, Films and Computer Games) Act 1995 was enacted to provide a system for the classification of publications, films, and computer games to protect the public, particularly children and young people, from material that could be considered harmful. This Act was introduced to address the need for a consistent and transparent framework to regulate access to potentially objectionable content across Australia. The Classification Board, established under this Act, plays a crucial role in ensuring that publications, films, and computer games are appropriately classified according to community standards. The policy objective is to safeguard public welfare by restricting access to material that may be inappropriate based on age or other relevant factors, while also upholding freedom of expression. The New South Wales Classification (Publications, Films and Computer Games) Enforcement Act 1995 complements the Commonwealth Act by providing additional enforcement mechanisms specific to New South Wales. The call-in notice issued under these Acts allows the Director of the Classification Board to request a publisher to submit a title for classification, ensuring that all publications meet the required standards. The recent call-in notice for the publication "Gender Queer: A Memoir" by Books Kinokuniya highlights the ongoing efforts to apply these legislative frameworks in practice, aiming to balance the protection of vulnerable groups with the principles of freedom of expression.

Scope and Application

The Classification (Publications, Films and Computer Games) Act 1995, as amended and enforced through the New South Wales Classification (Publications, Films and Computer Games) Enforcement Act 1995 and the Commonwealth Classification (Publications, Films and Computer Games) Act 1995, applies to the classification of publications, films, and computer games. This legislation mandates that certain materials must be assessed for their suitability based on content guidelines before they can be legally distributed within Australia. The Act applies to publishers, producers, and distributors of these materials, requiring them to submit their works for classification by the Classification Board. The geographic reach of this legislation is both state and Commonwealth, ensuring that it applies uniformly across all jurisdictions within Australia. The scope of the Act encompasses any publication, film, or computer game that may be deemed inappropriate for public distribution due to content such as violence, nudity, or offensive language. The Director of the Classification Board has the authority to call in any publication for classification under section 46 of the New South Wales Act and section 23 of the Commonwealth Act, as demonstrated in the call-in notice for "Gender Queer: A Memoir" published by Books Kinokuniya. The Act does not specify exclusions or exemptions, though subordinate instruments may provide further clarity or detail on specific exclusions or thresholds.

Key Provisions

The Classification (Publications, Films and Computer Games) Act 1995, specifically under section 23(2), provides the framework for the Director of the Classification Board to call in a publication for classification. In this instance, the Director has issued a call in notice to Books Kinokuniya, the publisher, for the submission of the publication titled "Gender Queer: A Memoir" (section 23(2)). This notice is issued under the powers granted to the Director by section 46 of the New South Wales Classification (Publications, Films and Computer Games) Enforcement Act 1995 and section 23 of the Commonwealth Classification (Publications, Films and Computer Games) Act 1995. The obligations imposed on the publisher by this call in notice are significant. The publisher is required to submit the specified publication to the Classification Board within the stipulated timeframe, ensuring that the publication can be assessed for its suitability in terms of content, including age appropriateness and suitability for public distribution (section 23). Failure to comply with this requirement could result in further actions being taken against the publisher, potentially impacting their ability to distribute the publication in Australia. Under the legislation, there are specific consequences for non-compliance with the call in notice. While the Act does not explicitly state penalties for failing to submit the publication, it is implied that non-compliance could result in legal actions being taken against the publisher. These actions may include fines, injunctions, or other civil remedies as determined by the courts. Furthermore, the continued distribution of a publication that has not been classified could be considered an offence under the relevant sections of the Act, potentially leading to criminal charges and penalties. The exact nature and severity of these penalties would be determined based on the specific circumstances of the case and the discretion of the courts.