First Reading
2002-2003-2004
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Classification (Publications, Films and Computer Games) Amendment Bill 2004
No. , 2004
(Attorney-General)
A Bill for an Act to amend the Classification (Publications, Films and Computer Games) Act 1995, and for related purposes
Contents
1 Short title 1
2 Commencement 1
3 Schedule(s) 2
Schedule 1--Amendment of the Classification (Publications, Films and Computer Games) Act 1995 3
Schedule 2--Amendment of the Broadcasting Services Act 1992 8
A Bill for an Act to amend the Classification (Publications, Films and Computer Games) Act 1995, and for related purposes
The Parliament of Australia enacts:
| Commencement
information
| ||
|---|---|---|
| Column
1
|
Column
2
|
Column
3
|
| Provision(s)
|
Commencement
|
Date/Details
|
| 1.
Sections 1 to 3 and anything in this Act not elsewhere covered by this
table
|
The
day on which this Act receives the Royal Assent.
|
|
| 2.
Schedules 1 and 2
|
A
single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
|
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
1 Section 5 (definition of Code)
Repeal the definition, substitute:
Code means the National Classification Code, set out in the Schedule to this Act as originally enacted, as amended in accordance with section 6.
2 Section 5 (paragraph (b) of the definition of contentious material)
Omit "M (15+)", substitute "M".
3 Section 5 (paragraph (b) of the definition of film)
Omit "game; or.", substitute "game.".
4 Paragraphs 5B(3)(c) to (e)
Repeal the paragraphs, substitute:
(c) an advertisement for a film, or for a computer game, that has been classified M or a higher classification; or
(d) material that would be likely to cause the film or computer game to be classified M or a higher classification.
5 Subsection 7(1)
Omit "(Refused Classification)", substitute "Refused Classification".
6 Subsections 7(2) and (3)
Repeal the subsections, substitute:
(2) The following are the different types of classifications for films in ascending order:
G General
PG Parental Guidance
M Mature
MA 15+ Mature Accompanied
R 18+ Restricted
X 18+ Restricted
RC Refused Classification.
(3) The following are the different types of classifications for computer games in ascending order:
G General
PG Parental Guidance
M Mature
MA 15+ Mature Accompanied
RC Refused Classification.
(4) In subsections (1) to (3), text that is not in bold is included by way of explanation and does not form part of the classification.
7 Subsection 17(3)
Omit "G (8+) or M (15+)", substitute "PG or M".
8 Paragraph 20(1)(a)
Omit "MA, R or X", substitute "MA 15+, R 18+ or X 18+".
9 Paragraph 20(1)(b)
Omit "G (8+), M (15+) or MA (15+)", substitute "PG, M or MA 15+".
10 Subparagraph 28A(2)(c)(vi)
Omit "M (15+)", substitute "M".
11 Paragraph 28C(b)
Omit "M (15+)", substitute "M".
12 Subsection 33(2)
Omit "X or R", substitute "X 18+ or R 18+".
13 Subsection 42(5) (paragraph (b) of the definition of restricted decision)
Omit "MA, R, X", substitute "MA 15+, R 18+, X 18+".
14 Subsection 42(5) (paragraph (c) of the definition of restricted decision)
Omit "MA (15+)", substitute "MA 15+".
15 Schedule
Repeal the Schedule.
16 Application of amendments
(1) The amendments made by this Schedule apply to the doing of things at or after the commencement of this Schedule.
(2) The insertion of subsection 7(4) by item 6 of this Schedule does not affect the interpretation of section 7 of the Classification (Publications, Films and Computer Games) Act 1995 as in force before the inclusion of the subsection.
17 Conversion of certain pre-commencement classifications of films to equivalent new classifications
If, just before this Schedule commenced, a film had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, the film is taken to have, and to have had at all times before this Schedule commenced when it had that classification, the classification of the type mentioned in column 3 of the table in relation to the item:
| Film
classifications
| ||
|---|---|---|
| Column
1
|
Column
2
|
Column
3
|
| Item
|
Former
type of classification
|
New
type of classification
|
| 1
|
MA
|
MA
15+
|
| 2
|
R
|
R
18+
|
| 3
|
X
|
X
18+
|
If, just before this Schedule commences, a computer game had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, the computer game is taken to have, and to have had at all times before this Schedule commenced when it had that classification, the classification of the type mentioned in column 3 of the table in relation to the item:
| Computer
game classifications
| ||
|---|---|---|
| Column
1
|
Column
2
|
Column
3
|
| Item
|
Former
type of classification
|
New
type of classification
|
| 1
|
G
(8+)
|
PG
|
| 2
|
M
(15+)
|
M
|
| 3
|
MA
(15+)
|
MA
15+
|
The amendments made by this Schedule do not affect the validity, for the purposes of applying the Classification (Publications, Films and Computer Games) Act 1995 after this Schedule commences, of any application made under that Act before the commencement of this Schedule.
20 Markings for classifications
(1) After this Schedule commences, the Director may, under subsection 8(1) of the Classification (Publications, Films and Computer Games) Act 1995, determine:
(a) markings for types of classifications that existed before the commencement of this Schedule; and
(b) the manner in which the markings are to be displayed.
(2) To avoid doubt, the Director may under subitem (1) determine:
(a) a marking that is the same as a marking that the Director has determined for a type of classification that exists after this Schedule commences; and
(b) a manner in which a marking is to be displayed that is the same as the manner in which a marking for a type of classification that exists after this Schedule commences is to be displayed.
21 Giving of certain documents referring to former types of classifications
(1) To avoid doubt, if:
(a) after the commencement of this Schedule, the Director is required under section 27 of the Classification (Publications, Films and Computer Games) Act 1995 to give a copy of a classification certificate or of a notice under section 26 of that Act; and
(b) the classification certificate or notice was issued before the commencement of this Schedule and refers to a type of classification that, after the commencement of this Schedule, is no longer set out in section 7 of that Act;
the Director must give a copy of the classification certificate or notice that was issued, despite the certificate or notice referring to a type of classification that is no longer set out in section 7 of that Act.
(2) To avoid doubt, if:
(a) after the commencement of this Schedule, the Director is required under section 87 of the Classification (Publications, Films and Computer Games) Act 1995 to give a certificate about action taken, or not taken, under that Act; and
(b) the certificate is required to refer to a type of classification that, after the commencement of this Schedule, is no longer set out in section 7 of that Act;
the Director must refer in the certificate to the type of classification, despite the type no longer being set out in section 7 of that Act.
1 Paragraph 123(3A)(d)
Omit "MA", substitute "MA 15+".
2 Subsection 123(3B)
Omit "MA", substitute "MA 15+".
3 Paragraph 123(3C)(d)
Omit "MA", substitute "MA 15+".
4 Subsection 123(3D)
Omit "MA", substitute "MA 15+".
5 Paragraph 7(1)(g) of Schedule 2
Omit "X", substitute "X 18+".
6 Paragraph 7(1)(ga) of Schedule 2
Omit "R", substitute "R 18+".
7 Paragraph 9(1)(g) of Schedule 2
Omit "X", substitute "X 18+".
8 Paragraph 9(1)(ga) of Schedule 2
Omit "R", substitute "R 18+".
9 Paragraph 10(1)(f) of Schedule 2
Omit "X", substitute "X 18+".
10 Paragraph 10(1)(g) of Schedule 2
Omit "R" (twice occurring), substitute "R 18+".
11 Paragraph 11(3)(a) of Schedule 2
Omit "X", substitute "X 18+".
12 Paragraph 11(3)(b) of Schedule 2
Omit "R", substitute "R 18+".
13 Subclause 11(4) of Schedule 2
Omit "X", substitute "X 18+".
14 Clause 2 of Schedule 5
Omit "(Refused Classification)" (twice occurring).
15 Clause 2 of Schedule 5
Omit "X" (wherever occurring), substitute "X 18+".
16 Clause 2 of Schedule 5
Omit "classified R by", substitute "classified R 18+ by".
17 Clause 2 of Schedule 5
Omit "classified R,", substitute "classified R 18+,".
18 Subclauses 6(1) and (2) of Schedule 5
Omit "X" (wherever occurring), substitute "X 18+".
Note: The heading to clause 6 is altered by omitting "X" and substituting "X 18+".
19 Paragraph 10(1)(a) of Schedule 5
Omit "X", substitute "X 18+".
20 Paragraph 10(1)(b) of Schedule 5
Omit "R", substitute "R 18+".
21 Subclause 10(2) of Schedule 5
Omit "X", substitute "X 18+".
22 Subclause 16(4) of Schedule 5 (paragraph (a) of the definition of restricted classification)
Omit "MA, R, X", substitute "MA 15+, R 18+, X 18+".
23 Subclause 16(4) of Schedule 5 (paragraph (b) of the definition of restricted classification)
Omit "MA (15+)", substitute "MA 15+".
24 Paragraph 30(2)(a) of Schedule 5
Omit "X", substitute "X 18+".
25 Paragraph 30(2)(b) of Schedule 5
Omit "R", substitute "R 18+".
26 Paragraph 32(1)(b) of Schedule 5
Omit "R", substitute "R 18+".
Note: The heading to clause 32 is altered by omitting "R-rated" and substituting "R 18+ rated".
27 Paragraph 24(1)(e) of Schedule 6
Omit ", X or NVE", substitute "or X 18+".
28 Paragraph 24(1)(f) of Schedule 6
Omit "R", substitute "R 18+".
29 Subclause 28(5) of Schedule 6
Omit "MA", substitute "MA 15+".
30 Application
The amendments made by this Schedule apply to the doing of things at or after the commencement of this Schedule.
31 Conversion of certain pre-commencement classifications relating to films etc. to equivalent new classifications
If, just before this Schedule commenced:
(a) a film; or
(b) a program; or
(c) Internet content not consisting of a computer game; or
(d) datacasting content not consisting of an interactive computer game;
had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Broadcasting Services Act 1992 after this Schedule commences, the film, program, Internet content or datacasting content is taken to have, and to have had at all times before this Schedule commenced, the classification of the type mentioned in column 3 of the table in relation to the item:
| Classifications
relating to films etc.
| ||
|---|---|---|
| Column
1
|
Column
2
|
Column
3
|
| Item
|
Former
type of classification
|
New
type of classification
|
| 1
|
MA
|
MA
15+
|
| 2
|
R
|
R
18+
|
| 3
|
X
|
X
18+
|
If, just before this Schedule commenced:
(a) Internet content consisting of a computer game; or
(b) datacasting content consisting of an interactive computer game;
had a classification of a type mentioned in column 2 of the following table in relation to an item, then, for the purpose of applying the Broadcasting Services Act 1992 after this Schedule commences, Internet content or datacasting content is taken to have, and to have had at all times before this Schedule commenced, the classification of the type mentioned in column 3 of the table in relation to the item:
| Classifications
relating to computer games etc.
| ||
|---|---|---|
| Column
1
|
Column
2
|
Column
3
|
| Item
|
Former
type of classification
|
New
type of classification
|
| 1
|
G
(8+)
|
PG
|
| 2
|
M
(15+)
|
M
|
| 3
|
MA
(15+)
|
MA
15+
|