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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Classification (Publications, Films and
Computer Games) Amendment
(Industry Self-Classification and Other
Measures) Bill 2023
No. , 2023
(Infrastructure, Transport, Regional Development, Communications and the Arts)
A Bill for an Act to amend the law relating to the
classification of publications, films and computer
games, and for related purposes
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Classification by accredited persons
3
Part 1
--
Main amendments
3
Classification (Publications, Films and Computer Games) Act 1995
3
Part 2
--
Application of amendments
19
Part 3
--
Consequential amendments
20
Broadcasting Services Act 1992
20
Schedule 2
--
Other amendments
21
Part 1
--
Criteria for revocation in relation to consumer advice
21
Classification (Publications, Films and Computer Games) Act 1995
21
Part 2
--
Exemption for public library distribution of films in a
language other than English
23
Classification (Publications, Films and Computer Games) Act 1995
23
Part 3
--
Extension of conditional cultural exemptions
24
Classification (Publications, Films and Computer Games) Act 1995
24
Part 4
--
Deeming of films already classified under the
Broadcasting Services Act 1992
25
Classification (Publications, Films and Computer Games) Act 1995
25
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
1
A Bill for an Act to amend the law relating to the
1
classification of publications, films and computer
2
games, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Classification (Publications, Films and Computer
6
Games) Amendment (Industry Self-Classification and Other
7
Measures) Act 2023
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A day or days to be fixed by Proclamation.
However, if any of the provisions do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Classification by accredited persons
Schedule 1
Main amendments
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
3
Schedule
1--Classification by accredited
1
persons
2
Part
1--Main amendments
3
Classification (Publications, Films and Computer Games)
4
Act 1995
5
1 Section 3A
6
After:
7
A publication, film or computer game that is shown as part of a
8
registered event, or by an approved cultural institution, may be
9
subject to a conditional cultural exemption in relation to that
10
showing, if certain criteria are met.
11
insert:
12
Films classified under the
Broadcasting Services Act 1992
are
13
taken to be classified by the Board in some circumstances.
14
2 Section 3A
15
Omit:
16
(b) if there is an approved classification tool for the
17
publication, film or computer game
--
by the operation of
18
the approved classification tool.
19
substitute:
20
(b) if there is an approved classification tool for the
21
publication, film or computer game
--
by the operation of
22
the approved classification tool.
23
A film or computer game may also be classified by an accredited
24
person.
25
Schedule 1
Classification by accredited persons
Part 1
Main amendments
4
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
3 Section 3A
1
After "However, applications for a review of classification decisions
2
can be made to the Classification Review Board", insert "and
films
3
classified under the
Broadcasting Services Act 1992
that are taken to be
4
classified by the Board can be reclassified in some circumstances".
5
4 Section 5 (paragraph (a) of the definition of
decision
)
6
After "or 97A", insert "or under
subsection 22CH(4) or 22L(4)
7
following revocation".
8
5 Section 6J
9
Omit:
10
(b) if there is an approved classification tool for the
11
publication, film or computer game
--
by the operation of
12
the approved classification tool.
13
substitute:
14
(b) if there is an approved classification tool for the
15
publication, film or computer game
--
by the operation of
16
the approved classification tool.
17
A film or computer game may also be classified by an accredited
18
person.
19
6 Section 6J
20
Omit:
21
If a film or computer game is classified by the Board, the Board
22
must determine consumer advice for the classified material. The
23
Board may determine consumer advice for certain publications.
24
If a publication, film or computer game is classified by the
25
operation of an approved classification tool, consumer advice for
26
the publication, film or computer game is determined by the tool.
27
substitute:
28
Classification by accredited persons
Schedule 1
Main amendments
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
5
Consumer advice must be determined for each classified film or
1
computer game. Consumer advice may be determined for certain
2
publications and must be determined for a publication classified by
3
the operation of an approved classification tool.
4
7 Division 2 of Part 2 (heading)
5
Repeal the heading.
6
8 Section 10
7
Repeal the section.
8
9 Subsection 12(1)
9
Omit "the Board".
10
10 Before section 13
11
Insert:
12
12B Films consisting only of classified films
13
Despite any other provision of this Act, a film:
14
(a) that is contained on one device; and
15
(b) that consists only of 2 or more classified films;
16
is to be treated, for the purposes of this Act, as if each of the
17
classified films were on a separate device.
18
12C Considered form of publication, film or computer game to be
19
final
20
In classifying a publication, film or computer game under this Act,
21
assume that the publication, film or game will be published only in
22
the form in which it is considered for classification.
23
12D Classification of publications, films or computer games
24
containing advertisements
25
(1) A publication must not be classified if it contains an advertisement
26
that has been refused approval.
27
Schedule 1
Classification by accredited persons
Part 1
Main amendments
6
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
(2) An unclassified film (the
first film
) or unclassified computer game
1
(the
first game
) must not be classified if it:
2
(a) contains an advertisement for a film or computer game with a
3
higher classification than the classification the first film or
4
first game would be given if it did not contain the
5
advertisement; or
6
(b) contains an advertisement for an unclassified film or
7
unclassified computer game:
8
(i) that has been assessed in accordance with section 31 or
9
under section 33 as being likely to have a higher
10
classification than the classification the first film or first
11
game would be given if it did not contain the
12
advertisement; or
13
(ii) the likely classification of which has not been assessed
14
in accordance with section 31 or under section 33; or
15
(c) contains an advertisement that has been refused approval.
16
(3) Subsection (1) or (2) does not prevent a publication, film or
17
computer game from being classified by the Board if the
18
application for the classification is an enforcement application.
19
Division
2--Classification by the Board
20
Subdivision A
--
Classification on application to the Board
21
12E Classification of publications, films and computer games by the
22
Board
23
A person may apply to the Board for the classification of a
24
publication, film or a computer game for the Australian Capital
25
Territory.
26
11 Section 14A
27
Repeal the section.
28
12 Subsections 17(5) and (6)
29
Repeal the subsections.
30
Classification by accredited persons
Schedule 1
Main amendments
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
7
13 Before section 17A
1
Insert:
2
Subdivision B
--
Authorised assessors of computer games
3
17AA Authorisation to assess computer games
4
(1) Subject to subsection (2), the Director may, in writing, authorise a
5
person for the purpose of subsection 17(3) if the person has
6
completed training approved by the Director in the making of
7
assessments.
8
(2) The Director must not authorise a person for the purposes of
9
subsection 17(3) if a notice under section 17B, 17C, 22F, 22H or
10
22Q is in force in relation to the person.
11
14 Subsection 17B(1) (note 1)
12
Omit "17(6)", substitute "17AA(2)".
13
15 Section 18
14
Repeal the section.
15
16 Before section 19
16
Insert:
17
Subdivision C
--
Consumer advice and other matters
18
17 After section 20
19
Insert:
20
Division
2A--Modified films and computer games
21
18 Paragraphs 20A(2)(a) and 21(2)(a)
22
Omit "
2
2", substitute "
12D
".
23
19 Before section 21A
24
Insert:
25
Schedule 1
Classification by accredited persons
Part 1
Main amendments
8
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
Division
2B--Revocation by the Board of classifications
1
involving assessments of additional content or
2
authorised assessors
3
20 Paragraph 21A(a)
4
Omit "a classified interactive film or a classified computer game",
5
substitute "an interactive film, or computer game, classified on
6
application under section 1
4 or 17".
7
21 Section 22
8
Repeal the section.
9
22 Before section 22A
10
Insert:
11
Division
2C--Enforcement applications for classification
12
by the Board
13
23 Subsection 22A(1)
14
After "An application", insert "to the Board".
15
24 Before section 22B
16
Insert:
17
Division
2D--Validation of Board decisions
18
25 Division 2AA of Part 2 (heading)
19
Repeal the heading, substitute:
20
Division
2E--Classification by approved classification tools
21
26 Paragraph 22CF(2)(a)
22
Repeal the paragraph, substitute:
23
(a) Divisions 2, 2B, 2C and 2D of Part 2;
24
Classification by accredited persons
Schedule 1
Main amendments
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
9
27 Subsection 22CH(6)
1
Repeal the subsection.
2
28 Division 2A of Part 2 (heading)
3
Repeal the heading, substitute:
4
Division
2F--Additional content assessors
5
29 Paragraph 22D(2)(a)
6
Omit "
section 2
2F", substitute "
section 17B, 17C, 22F, 22H or 22Q
".
7
30 After section 22J
8
Insert:
9
Division
2G--Classification by accredited person
10
Subdivision A
--
Classification
11
22K An accredited person may classify a film or computer game
12
(1) Subject to subsection (4), an accredited person may, on request of
13
the publisher or proposed publisher of a film or computer game,
14
classify the film or computer game for the Australian Capital
15
Territory.
16
Note:
If the accredited person has been requested to complete further
17
training under section 22N, the accredited person may not classify
18
films or computer games until the person has completed the training:
19
see subsection 22N(2).
20
(2) The classification takes effect when it is included in:
21
(a) the register, known as the National Classification Database,
22
maintained by the Department; or
23
(b) any replacement register.
24
(3) The accredited person must also determine consumer advice giving
25
information about the content of the film or game.
26
Schedule 1
Classification by accredited persons
Part 1
Main amendments
10
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
RC or X 18+ material excluded
1
(4) If a film or computer game, if classified, would be likely to be
2
classified RC or X 18+, an accredited person may not classify the
3
film or computer game.
4
22L Board may revoke classification
5
Revocation of classification
6
(1) If:
7
(a) an accredited person has classified a film or computer game;
8
and
9
(b) the Board is of the opinion that:
10
(i) had the film or computer game been classified by the
11
Board, the Board would have given the film or
12
computer game a different classification; or
13
(ii) the consumer advice for the film or computer game is
14
misleading, incorrect or grossly inadequate; or
15
(iii) the consumer advice for the film or computer game uses
16
a consumer advice term that is not included in the list
17
determined by the Board under section 12A that was in
18
force at the time the consumer advice was determined;
19
the Board may revoke the classification.
20
Note:
The regulations may prescribe circumstances in which consumer
21
advice is taken to be misleading, incorrect or grossly inadequate: see
22
subsection 93(2).
23
(2) The Board may revoke the classification:
24
(a) on its own initiative; or
25
(b) on request by the Minister or the Secretary of the
26
Department; or
27
(c) if an application in accordance with subsection (7) is made
28
within 3 months after the day the classification takes effect or
29
within such longer period specified in a determination under
30
subsection (8)
--
on application.
31
Note:
For when the classification takes effect, see subsection 22K(2).
32
(3) However, before the Board revokes the classification, the Director
33
must give a notice in writing to the accredited person that:
34
Classification by accredited persons
Schedule 1
Main amendments
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
11
(a) states the grounds on which the Board is considering
1
revoking the classification; and
2
(b) invites the accredited person to make, within 7 days after
3
receiving the notice, a submission to the Board as to why the
4
Board should not revoke the classification.
5
Classification after revocation
6
(4) If, after considering any submission received within that period,
7
the Board decides to revoke the classification, the Board must
8
classify the film or computer game.
9
(5) The classification by the Board takes effect when it is included in
10
either:
11
(a) the register, known as the National Classification Database,
12
maintained by the Department; or
13
(b) any replacement register.
14
When revocation of classification takes effect
15
(6) The revocation of the classification takes effect immediately before
16
the classification by the Board takes effect.
17
Application for revocation
18
(7) For the purposes of paragraph (2)(c) an application must:
19
(a) be in a form approved, in writing, by the Director; and
20
(b) if a class of persons is specified in a determination under
21
subsection (8)
--
be made by a person included in that class;
22
and
23
(c) be accompanied by the prescribed fee (if any).
24
(8) The Secretary of the Department may, by legislative instrument,
25
determine either or both of the following:
26
(a) a specified period for the purposes of paragraph (2)(c);
27
(b) a specified class of persons for the purposes of
28
paragraph (7)(b).
29
Schedule 1
Classification by accredited persons
Part 1
Main amendments
12
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
Subdivision B
--
Accreditation
1
22M Secretary may accredit a person to classify films and computer
2
games
3
(1) A person may apply to the Secretary of the Department for
4
accreditation to classify films and computer games for the
5
Australian Capital Territory.
6
(2) The application must:
7
(a) be in a form approved, in writing, by the Secretary; and
8
(b) be accompanied by a declaration made by the person to the
9
effect that the person:
10
(i) has not been convicted of an offence against a law of
11
the Commonwealth, or a law of a State or Territory,
12
involving fraud or dishonesty; and
13
(ii) has not been ordered to pay a pecuniary penalty for the
14
contravention of a civil penalty provision of a law of the
15
Commonwealth, or a law of a State or Territory,
16
involving fraud or dishonesty.
17
(3) The Secretary may, in writing, accredit the person to classify films
18
and computer games for the Australian Capital Territory for a
19
specified period, if:
20
(a) the person has made an application in accordance with
21
subsection (2); and
22
(b) the person has, within the previous 12 months, completed
23
approved training in classification; and
24
(c) the person has paid the accreditation fee (if any) that relates
25
to the specified period; and
26
(d) there is no notice under section 17B, 17C, 22F, 22H or 22Q
27
in force in relation to the person; and
28
(e) the Secretary is not aware of any reason why the person is
29
not a suitable person to classify films and computer games.
30
Note 1:
For the approval of training, see section 22S.
31
Note 2:
If the person has been requested to complete further training under
32
22N, the Secretary may not accredit the person for a further period
33
until the person has completed the training: see subsection 22N(2).
34
Classification by accredited persons
Schedule 1
Main amendments
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
13
Accreditation fee
1
(4) For the purposes of paragraph (3)(c), the regulations may prescribe
2
an accreditation fee in relation to a period to be paid by an
3
accredited person for services that the Commonwealth (including
4
the Board and the Secretary of the Department) provides in
5
administering the classification of films and computer games by
6
accredited persons under this Act.
7
(5) A fee prescribed under subsection (4) must not be such as to
8
amount to taxation.
9
Spent convictions scheme not affected
10
(6) Nothing in this section affects the operation of Part VIIC of the
11
Crimes Act 1914
(which includes provisions that, in certain
12
circumstances, relieve persons from the requirement to disclose
13
spent convictions and require persons aware of such convictions to
14
disregard them).
15
22N Secretary may request accredited person complete further
16
training
17
(1) The Secretary of the Department may, in writing, request that an
18
accredited person complete further approved training in
19
classification within a specified period, if:
20
(a) during the previous 12 months, the Board has revoked 2 or
21
more classifications by the person; or
22
(b) the Secretary considers that the training is otherwise
23
necessary or desirable to ensure that the person is adequately
24
trained and competent to perform the functions of an
25
accredited person under this Act.
26
Note:
For the approval of training, see section 22S.
27
(2) Until the person has completed the training:
28
(a) the person may not classify a film or computer game under
29
section 22K; and
30
(b) the Secretary may not accredit the person to classify films
31
and computer games.
32
Note:
If the person does not complete the further training with the specified
33
period, th
e person's accreditation may be revoked under
section 22P.
34
Schedule 1
Classification by accredited persons
Part 1
Main amendments
14
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
22P Secretary may revoke accreditation
1
(1) The Secretary of the Department may, in writing, revoke the
2
accreditation of a person to classify films and computer games if
3
the Secretary is satisfied that one or more of the conditions
4
mentioned in subsection (2) apply to the person.
5
(2) The conditions are as follows:
6
(a) during the previous 12 months, the Board has revoked 3 or
7
more classifications by the person;
8
(b) if the Secretary has, under section 22N, requested the person
9
complete further approved training in classification within a
10
specified period
--
the person has not completed the training
11
within the specified period;
12
(c) the Secretary becomes aware of:
13
(i) the person having made a declaration under
14
subsection 22M(2) that is false or misleading in a
15
material particular; or
16
(ii) the person having been convicted of an offence against
17
a law of the Commonwealth, or a law of a State or
18
Territory, involving fraud or dishonesty; or
19
(iii) the person having been ordered to pay a pecuniary
20
penalty for the contravention of a civil penalty provision
21
of a law of the Commonwealth, or a law of a State or
22
Territory, involving fraud or dishonesty; or
23
(iv) the person having purported to classify a film or
24
computer game as RC or X 18+; or
25
(v) any other reason why the person is not a suitable person
26
to classify films and computer games;
27
(d) the Board has revoked a classification by the person of a film
28
or computer game on the grounds that had the film or
29
computer game been classified by the Board, the Board
30
would have given the film or computer game a classification
31
of RC or X 18+;
32
(e) the person meets any other condition prescribed by the
33
regulations.
34
(3) If the accreditation of a person has been revoked under
35
subsection (1), the person may not make an application under
36
section 22M for the next 28 days.
37
Classification by accredited persons
Schedule 1
Main amendments
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
15
22Q Barring notice to accredited person
1
(1) The Secretary of the Department may give a written notice to a
2
person if the Secretary is satisfied that one or more of the
3
conditions mentioned in subsection (2) apply to the person.
4
(2) The conditions are as follows:
5
(a) the Secretary has revoked
the person's accreditation under
6
section 22P more than once;
7
(b) the Board has revoked 2 or more classifications by the person
8
of films or computer games in the
person's
most recent 3
9
accreditation periods and at least 2 of those classifications
10
were revoked on the grounds that:
11
(i) had the film or computer game been classified by the
12
Board, the Board would have given the film or
13
computer game a classification that is 2 or more levels
14
higher or lower; or
15
(ii) had the film or computer game been classified by the
16
Board, the Board would have given the film or
17
computer game a classification of RC or X 18+; or
18
(iii) the consumer advice was grossly misleading, grossly
19
incorrect or grossly inadequate;
20
(c) the Board has revoked a classification by the person of a film
21
or computer game on the grounds that had the film or
22
computer game been classified by the Board, the Board
23
would have given the film or computer game a classification
24
of RC or X 18+;
25
(d) the person has purported to classify a film or computer game
26
as RC or X 18+;
27
(e) the Secretary is of the opinion that the person knowingly
28
made a declaration under subsection 22M(2) that is false or
29
misleading in a material particular;
30
(f) the person meets any other condition prescribed by the
31
regulations.
32
Note 1:
If the Secretary gives a notice to a person under this section, the
33
person cannot be accredited while the notice remains in force: see
34
paragraph 22M(3)(d).
35
Note 2:
The regulations may prescribe circumstances in which consumer
36
advice is taken to be grossly misleading, grossly incorrect or grossly
37
inadequate: see subsection 93(2).
38
Schedule 1
Classification by accredited persons
Part 1
Main amendments
16
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
(3) The notice takes effect from the date specified in the notice and
1
continues in force for the period specified in the notice. The period
2
must not exceed 5 years.
3
22R Review by AAT
4
Applications may be made to the Administrative Appeals Tribunal
5
for review of the following decisions of the Secretary of the
6
Department:
7
(a) decisions to refuse to accredit persons under
8
subsection 22M(3);
9
(b) decisions under subsection 22N(1), 22P(1) or 22Q(1).
10
Subdivision C
--
Other
11
22S Secretary may approve training
12
(1) The Secretary of the Department may approve training for the
13
purposes of paragraph 22M(3)(b) or section 22N.
14
(2) The Secretary of the Department may charge a fee specified in the
15
regulations for providing approved training.
16
(3) A fee specified under subsection (2) must not be such as to amount
17
to taxation.
18
22T Delegation
19
(1) The Secretary of the Department may, in writing, delegate to an
20
SES employee, or an acting SES employee, in the Department who
21
has responsibility for classification matters any or all of the
22
Secretary's powers and functions under the following provisions
:
23
(a) paragraph 22L(2)(b) (request for revocation of
24
classification);
25
(b) section 22M (accreditation);
26
(c) section 22N (further training);
27
(d) section 22P (revocation of accreditation);
28
(e) subsection 22S(1) (approved training).
29
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
30
provisions relating to delegations.
31
Classification by accredited persons
Schedule 1
Main amendments
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
17
(2) In performing a delegated function or exercising a delegated
1
power, the delegate must comply with any written directions of the
2
Secretary.
3
31 Division 5 of Part 2 (heading)
4
After "
decisions
", insert "
by the Board or Review Board
".
5
32 Section 28
6
Omit "A decision", substitute "Unless th
is Act otherwise provides, a
7
decision".
8
33 Subsection 38(1)
9
Omit "the Board must not reclassify the publication, film or computer
10
game", substitute "the publication, film or computer game must not be
11
reclassified".
12
34 Section 41A
13
Omit "the applicant received notice of the decision", substitute "the
14
classification
took effect".
15
35 After section 41A
16
Insert:
17
41B Reviewable decisions
18
This Part applies to the following decisions:
19
(a) a decision (as defined in section 5) of the Board;
20
(b) a decision of an accredited person to classify a film or
21
computer game under section 22K.
22
36 Subsections 42(1) and (2)
23
After "a decision", insert "to which this Part applies".
24
37 Subsection 42(5) (definition of
restricted decision
)
25
Omit "of the Board".
26
Schedule 1
Classification by accredited persons
Part 1
Main amendments
18
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
38 Paragraph 43(3)(a)
1
Omit "the applicant received notice of the decision", substitute "the
2
classification took effect".
3
39 Subsection 93(2) (heading)
4
After "
assessments of additional content
", insert "
or consumer advice
".
5
40 At the end of subsection 93(2)
6
Add:
7
; and (c) for the purposes of subparagraphs 22CH(1)(b)(ii) and
8
22L(1)(b)(ii)
--
circumstances in which consumer advice is
9
taken to be misleading, incorrect or grossly inadequate; and
10
(d) for the purposes of subparagraph 22Q(2)(b)(iii)
--
11
circumstances in which consumer advice is taken to be
12
grossly misleading, grossly incorrect or grossly inadequate.
13
41 At the end of subsection 93(3)
14
Add:
15
; or (c) consumer advice is misleading, incorrect or grossly
16
inadequate; or
17
(d) consumer advice is grossly misleading, grossly incorrect or
18
grossly inadequate.
19
Classification by accredited persons
Schedule 1
Application of amendments
Part 2
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
19
Part
2--Application of amendments
1
42 Application of existing classification guidelines to
2
accredited persons
3
(1)
Guidelines that:
4
(a) were made for the purposes of section 12 of the
5
Classification (Publications, Films and Computer Games)
6
Act 1995
; and
7
(b) were in force immediately before the commencement of this
8
Schedule;
9
have effect on and after the commencement of this Schedule as if the
10
guidelines had been made for the purposes of section 12 of that Act, as
11
amended by this Schedule.
12
(2)
Guidelines to which subsection (1) apply, apply in relation to the
13
application of criteria in the Code to the classification of a film or a
14
computer game by an accredited person in the same way the guidelines
15
apply in relation to the application of criteria in the Code to the
16
classification of a film or a computer game by the Board.
17
43 Saving of authorisations to assess computer games
18
An authorisation for the purposes of subsection 17(3) of the
19
Classification (Publications, Films and Computer Games) Act 1995
20
that:
21
(a) was made under subsection 17(5) of that Act; and
22
(b) was in force immediately before the commencement of this
23
Schedule;
24
has effect on and after the commencement of this Schedule as if the
25
authorisation had been made under section 17AA of that Act, as
26
inserted by this Schedule.
27
Schedule 1
Classification by accredited persons
Part 3
Consequential amendments
20
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
Part
3--Consequential amendments
1
Broadcasting Services Act 1992
2
44 Subclause 1(1) of Schedule 2 (definition of
Classification
3
Board
)
4
Repeal the definition.
5
45 Paragraphs 10(1)(f) and (g) of Schedule 2
6
Omit "by the Classification Board", substitute "under the
Classification
7
(Publications, Films and Computer Games) Act 1995
".
8
46 Subclause 11(4) of Schedule 2
9
Omit "by the Classification Board", substitute "under the
Classification
10
(Publications, Films and Computer Games) Act 1995
".
11
47 Subclause 2(1) of Schedule 6 (definition of
Classification
12
Board
)
13
Repeal the definition.
14
48 Paragraphs 24(1)(e) and (f) of Schedule 6
15
Omit "by the Classification Board", substitute "under the
Classification
16
(Publications, Films and Computer Games) Act 1995
".
17
49 Paragraphs 28(4)(a), (d) and (f) of Schedule 6
18
Omit "administered by the Classification Board", substitute "provided
19
for by the
Classification (Publications, Films and Computer Games)
20
Act 1995
".
21
Other amendments
Schedule 2
Criteria for revocation in relation to consumer advice
Part 1
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
21
Schedule
2--Other amendments
1
Part
1--Criteria for revocation in relation to
2
consumer advice
3
Classification (Publications, Films and Computer Games)
4
Act 1995
5
1 After section 12
6
Insert:
7
12A Board to determine list of consumer advice terms
8
(1) The Board may, by legislative instrument, determine:
9
(a) a list of consumer advice terms, to be used in determining
10
consumer advice for a film or computer game; and
11
(b) guidelines to assist in the use of such terms.
12
(2) A determination under subsection (1) must not commence before
13
the day that is 3 months, or such longer period prescribed by the
14
regulations, after the day the determination is registered under the
15
Legislation Act 2003
.
16
2 Subsection 22CH(1)
17
Repeal the subsection, substitute:
18
Revocation of classification
19
(1) If:
20
(a) a decision made by the operation of an approved
21
classification tool in relation to a publication, film or
22
computer game (the
relevant material
) is taken (because of
23
the operation of section 22CF) to be a decision of the Board
24
to classify the relevant material; and
25
(b) the Board is of the opinion that:
26
(i) had the relevant material been classified by the Board
27
otherwise than because of the operation of that section,
28
Schedule 2
Other amendments
Part 1
Criteria for revocation in relation to consumer advice
22
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
the Board would have given the material a different
1
classification; or
2
(ii) the consumer advice for the relevant material is
3
misleading, incorrect or grossly inadequate; or
4
(iii) the consumer advice for the relevant material uses a
5
consumer advice term that is not included in the list
6
determined by the Board under section 12A that was in
7
force at the time the consumer advice was determined;
8
the Board may revoke the classification.
9
Note:
The regulations may prescribe circumstances in which consumer
10
advice is taken to be misleading, incorrect or grossly inadequate: see
11
subsection 93(2).
12
(1A) In determining whether to revoke under subsection (1) a
13
classification made by the operation of an approved classification
14
tool, the Board must have regard to whether the tool is operating in
15
accordance with any contract, arrangement or understanding
16
entered into under section 22CC in relation to the tool.
17
3 Application of amendments
18
The amendments of the
Classification (Publications, Films and
19
Computer Games) Act 1995
made by this Part apply in relation to a
20
decision of the Board, made on or after the commencement of this Part,
21
to revoke a classification (whether or not the classification was made
22
before, on or after that commencement).
23
Other amendments
Schedule 2
Exemption for public library distribution of films in a language other than English
Part
2
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
23
Part
2--Exemption for public library distribution of
1
films in a language other than English
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
4 Subsection 6B(1) (at the end of the table)
5
Add:
6
16
Language other than
English
A film to which all of the following apply:
(a) the film is wholly in a language other than
English (disregarding any minor and infrequent
uses of the English language or any English
language subtitles or captioning);
(b) the film has been imported into Australia for the
sole purpose of being included in the collection
of one or more the following:
(i) a public library;
(ii) a library of a tertiary educational
institution;
(c) the film is published in a physical format;
(d) no more than 500 copies of the film in that
format have been imported into Australia;
(e) the film, if it were classified, would be likely to
be classified G or PG
5 Application of amendments
7
The amendments of the
Classification (Publications, Films and
8
Computer Games) Act 1995
made by this Part apply, on and after the
9
commencement of this Part, in relation to a film imported into Australia
10
before, on or after that commencement.
11
Schedule 2
Other amendments
Part 3
Extension of conditional cultural exemptions
24
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
Part
3--Extension of conditional cultural exemptions
1
Classification (Publications, Films and Computer Games)
2
Act 1995
3
6 Paragraph 6E(a)
4
Omit "as part of an event organised".
5
Other amendments
Schedule 2
Deeming of films already classified under the Broadcasting Services Act 1992
Part 4
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
25
Part
4--Deeming of films already classified under the
1
Broadcasting Services Act 1992
2
Classification (Publications, Films and Computer Games)
3
Act 1995
4
7 Section 5 (definition of
authorised television series
5
assessor
)
6
Repeal the definition.
7
8 Section 5 (at the end of the definition of
classified
)
8
Insert:
9
Note:
Certain films classified under the
Broadcasting Services Act 1992
are
10
taken to be classified under this Act: see section 6HA.
11
9 Section 5 (definition of
television series film
)
12
Repeal the definition.
13
10 Section 6AA
14
Omit:
15
A publication, film or computer game that is shown as part of an
16
event organised by an approved cultural institution may be subject
17
to a conditional cultural exemption in relation to that showing.
18
substitute:
19
A publication, film or computer game that is shown by an
20
approved cultural institution may be subject to a conditional
21
cultural exemption in relation to that showing.
22
Films classified under the
Broadcasting Services Act 1992
are
23
taken to be classified by the Board in some circumstances.
24
11 At the end of Part 1A
25
Add:
26
Schedule 2
Other amendments
Part 4
Deeming of films already classified under the Broadcasting Services Act 1992
26
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
No. , 2023
Division
3--Films classified under the Broadcasting
1
Services Act 1992
2
6HA Certain films classified under the
Broadcasting Services Act
3
1992
are taken to be classified under this Act
4
(1) A film is taken to have been classified by the Board under this Act
5
if:
6
(a) the film has been classified under the
Broadcasting Services
7
Act 1992
at R18+ or a lower classification; and
8
(b) the film has not previously been classified under this Act;
9
and
10
(c) after the film has been classified under the
Broadcasting
11
Services Act 1992
, a person (the
post-classification
12
publisher
) proposes to publish the film.
13
Note 1:
This Act does not apply to the broadcasting of the film: see section 92.
14
Note 2:
The deemed classification by the Board is reviewable under Part 5.
15
The post-classification publisher may also seek to have the film
16
reclassified under Part 2: see section 6HB.
17
(2) The film is taken to have the same classification as the
18
classification under
Broadcasting Services Act 1992
that occurred
19
most recently before the post-classification publisher proposes to
20
publish the film.
21
(3) The classification under this Act takes effect:
22
(a) if the post-classification publisher is an entity that is licenced
23
to provide broadcasting services under the
Broadcasting
24
Services Act 1992
--
at the time the post-classification
25
publisher proposes to publish the film; or
26
(b) if the post-classification publisher is not such an entity
--
at
27
the time the post-classification publisher provides a notice of
28
the classification under subsection (4).
29
Notice of classification
30
(4) A notice for the purposes of paragraph (3)(b) must:
31
(a) include details of the classification and the post-classification
32
publisher; and
33
(b) be in a form approved by the Secretary of the Department.
34
Other amendments
Schedule 2
Deeming of films already classified under the Broadcasting Services Act 1992
Part 4
No. , 2023
Classification (Publications, Films and Computer Games) Amendment
(Industry Self-Classification and Other Measures) Bill 2023
27
Exceptions
1
(5) Subsection (1) does not apply to a film if:
2
(a) the film is a modified version of the film classified under the
3
Broadcasting Services Act 1992
(other than a film that only
4
has modifications of a kind referred to subsection 21(2) or
5
(3)); or
6
(b) the film contains an advertisement that has been refused
7
approval under this Act.
8
6HB Reclassification of films taken to be classified by the Board
9
If:
10
(a) a film is taken to have been classified by the Board under this
11
Act under section 6HA; and
12
(b) the post-classification publisher of the film considers that the
13
classification
is not in accordance with the Code or the
14
classification guidelines; and
15
(c) the classification of the film has not been reviewed under
16
Part 5; and
17
(d) film has not been reclassified under Part 4 or reclassified
18
under Part 2 due to a previous operation of this section;
19
then, despite any other provision of this Act, the film may be
20
reclassified under Part 2.
21
12 Sections 14B and 21AB
22
Repeal the sections.
23
13 Application of amendments
24
The amendments of the
Classification (Publications, Films and
25
Computer Games) Act 1995
made by this Part apply, on and after the
26
commencement of this Part, in relation to a film classified under the
27
Broadcasting Services Act 1992
(whether or not the classification was
28
made before, on or after that commencement).
29
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