Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Purpose  
   3A.     Simplified outline of this Act  
   4.      Powers and functions under State or Territory laws  
   4A.     Concurrent operation of State and Territory laws  
   5.      Definitions  
   5A.     Meaning of computer game  
   5C.     Meaning of social sciences  
   6.      Amendments of the Code  
   6A.     Application of the Criminal Code  

   PART 1A--EXEMPTIONS--ETC.

           Division 1A--Preliminary

   6AA.    Simplified outline of this Part  

           Division 1--Exempt films and exempt computer games

   6B.     Exempt films and exempt computer games  

           Division 2--Conditional cultural exemptions

   6C.     Conditional cultural exemptions--registered events  
   6D.     Registered events  
   6E.     Conditional cultural exemptions--approved cultural institutions  
   6F.     Approved cultural institutions  
   6G.     Conditional cultural exemption rules  
   6H.     Modifications etc. in relation to this Division  

           Division 3--Films classified under certain other Acts

   6HA.    Certain films classified under certain other Acts are taken to be classified under this Act  
   6HB.    Reclassification of films taken to be classified by the Board  

   PART 2--CLASSIFICATION

           Division 1--Preliminary

   6J.     Simplified outline of this Part  
   7.      Types of classifications  
   8.      Determined markings and consumer advice  
   8AA.    Use of markings in relation to goods other than films etc.  
   8A.     Notice about classifications  
   9.      Classification in accordance with the Code  
   9A.     Refused Classification for publications, films or computer games that advocate terrorist acts  
   11.     Matters to be considered in classification  
   12.     Classification guidelines  
   12A.    Board to determine list of consumer advice terms  
   12B.    Films consisting only of classified films  
   12C.    Considered form of publication, film or computer game to be final  
   12D.    Classification of publications, films or computer games containing advertisements  

           Division 2--Classification by the Board

              Subdivision A--Classification on application to the Board

   12E.    Classification of publications, films and computer games by the Board  
   13.     Applications for classification of publications  
   13A.    Conditions of certain classifications for publications  
   14.     Applications for classification of films  
   15.     Discretion of Board  
   16.     Board may decline to deal with application if more than one work involved  
   17.     Applications for classification of computer games  

              Subdivision B--Authorised assessors of computer games

   17AA.   Authorisation to assess computer games  
   17A.    Revocation of authorisation to assess certain computer games  
   17B.    Barring notice to assessors of certain computer games  
   17C.    Barring notice to applicant for classification of computer games  
   17D.    Review by ART  

              Subdivision C--Consumer advice and other matters

   19.     Screening of films and demonstration of computer games before classification  
   20.     Board to decide consumer advice for publications, films and computer games  

           Division 2A--Modified films and computer games

   20A.    Modifications of unclassified films and computer games that are later classified  
   21.     Declassification of classified films or computer games that are modified  

           Division 2B--Revocation by the Board of classifications involving assessments of additional content or authorised assessors

   21A.    Revocation of classification of films or computer games that are found to contain contentious material  
   21AA.   Revocation of classification of films containing additional content  
   21AC.   Revocation of classification of computer games if assessment misleading etc.  

           Division 2C--Enforcement applications for classification by the Board

   22A.    Applications for classification for enforcement purposes  

           Division 2D--Validation of Board decisions

   22B.    Classification of a publication, film or computer game that may be the same as or similar to a classified item  
   22C.    Validation of Board decisions etc. on applications by law enforcement agencies  

           Division 2E--Classification by approved classification tools

              Subdivision A--Approved classification tools

   22CA.   Approved classification tools  
   22CB.   Variation or revocation of approval  

              Subdivision B--Contracts etc. in relation to approved classification tools

   22CC.   Contracts etc. in relation to approved classification tools  
   22CD.   Involvement in a corporation etc. in relation to approved classification tools  
   22CE.   Executive power of the Commonwealth  

              Subdivision C--Classification by approved classification tools

   22CF.   Classification by approved classification tools  
   22CG.   Approved classification tool certificates  
   22CH.   Revocation of classification by approved classification tool  

              Subdivision D--Other

   22CJ.   Delegation by the Minister  

           Division 2F--Additional content assessors

              Subdivision A--Additional content assessors

   22D.    Additional content assessors  
   22E.    Revocation of additional content assessor status  
   22F.    Barring notice to additional content assessor  
   22G.    Review by ART  

              Subdivision B--Barring notices to applicants

   22H.    Barring notice to applicant  
   22J.    Review by ART  

           Division 2G--Classification by accredited person

              Subdivision A--Classification

   22K.    An accredited person may classify a film or computer game  
   22L.    Board may revoke classification  

              Subdivision B--Accreditation

   22M.    Secretary may accredit a person to classify films and computer games  
   22N.    Secretary may request accredited person complete further training  
   22P.    Secretary may revoke accreditation  
   22Q.    Barring notice to accredited person  
   22R.    Review by AAT  

              Subdivision C--Other

   22S.    Secretary may approve training  
   22T.    Delegation  

           Division 3--Submittable publications

   23.     Calling in submittable publications for classification  

           Division 3A--Calling in films

   23A.    Calling in films for classification  

           Division 4--Calling in computer games

   24.     Calling in computer games for classification  

           Division 5--Notice of decisions by the Board or Review Board

   25.     Classification certificates  
   26.     Notice of decisions  
   27.     Applications for information  
   28.     When decisions take effect  

   PART 3--ADVERTISING

           Division 1A--Preliminary

   28D.    Simplified outline of this Part  

           Division 1--Approval of general advertisements

   29.     Approval of advertisements  
   30.     Calling in advertisements  

           Division 2--Advertising of unclassified films and unclassified computer games

              Subdivision A--Scheme relating to advertising

   31.     Scheme for advertising may be determined by legislative instrument  

              Subdivision B--Assessments of likely classifications of unclassified films and unclassified computer games

   32.     Person may apply for assessment of likely classification of unclassified film or unclassified computer game  
   33.     Board may assess likely classification of film or computer game  
   34.     Revocation of assessments  
   35.     Notice of decisions  

   PART 4--RECLASSIFICATION

   37.     Simplified outline of this Part  
   38.     Limit on reclassification  
   39.     Reclassification etc. after 2 years  
   40.     Notice of request to reclassify etc.  
   41.     Consideration of submissions  

   PART 5--REVIEW--OF DECISIONS

   41A.    Simplified outline of this Part  
   41B.    Reviewable decisions  
   42.     The persons who may apply for review  
   42A.    Review Board may refuse to deal with certain applications  
   43.     Applications for review  
   44.     Dealing with applications  
   44A.    Obtaining copies for review  
   44B.    Validation of Review Board decisions etc. in relation to decisions on applications by law enforcement agencies  

   PART 6--THE--CLASSIFICATION BOARD

           Division 1A--Preliminary

   44C.    Simplified outline of this Part  

           Division 1--Establishment of the Board

   45.     Establishment of Classification Board  
   46.     Constitution of Board  
   47.     Maximum number of members  
   48.     Appointment of members  
   49.     Full - time and part - time appointments  
   50.     Temporary members  
   51.     Terms and conditions of appointment  

           Division 2--Responsibilities and powers of the Director

   52.     Responsibilities and powers of the Director  
   53.     Powers of Director under State/Territory laws  

           Division 4--Procedure of the Board

   56.     Board to regulate its procedure  
   57.     Decisions of the Board  
   58.     Procedures that apply to meetings of the Board  

           Division 5--Administrative provisions

   59.     Delegations  
   60.     Remuneration and allowances  
   61.     Leave of absence  
   62.     Outside employment  
   63.     Resignation  
   64.     Disclosure of interests  
   65.     Termination of appointment  
   66.     Acting appointments  
   67.     Annual report  

   PART 7--THE--REVIEW BOARD

           Division 1A--Preliminary

   71.     Simplified outline of this Part  

           Division 1--Establishment of the Review Board

   72.     Establishment of Classification Review Board  
   73.     Constitution of Review Board  
   74.     Appointment of members of the Review Board  
   75.     Members of the Review Board to be part - time  
   76.     Terms and conditions of appointment  

           Division 2--Responsibilities and powers of the Convenor

   77.     Responsibilities and powers of the Convenor  
   77A.    Powers of Convenor under State/Territory laws  

           Division 3--Procedure of the Review Board

   78.     Constitution of Review Board for the purpose of its functions  
   79.     Decisions of the Review Board  

           Division 4--Administrative provisions

   79A.    Delegations  
   80.     Remuneration and allowances  
   81.     Resignation  
   82.     Disclosure of interests  
   83.     Termination of appointment  
   84.     Acting appointments  
   85.     Annual report  

   PART 8--MISCELLANEOUS

   85A.    Simplified outline of this Part  
   86.     Immunity from suit  
   87.     Evidentiary certificates  
   87A.    Board to make decisions within a specified time  
   87B.    Review Board to make decisions within a specified time  
   88.     Additional functions of Board  
   88A.    Staff assisting the Board and the Review Board  
   88B.    Referral of certain unclassified material to law enforcement agencies  
   89.     Service of notices  
   90.     Payments to the States and Territories  
   91.     Waiver of fees  
   91A.    Commonwealth not liable to pay a fee  
   91B.    Cancellation of exemptions from fees  
   91C.    Debts due to the Commonwealth  
   92.     Act not to apply to broadcasting services under Broadcasting Services Act  
   92A.    Proceedings arising out of administration of Board or Review Board  
   93.     Regulations  

   PART 9--TRANSITIONAL--PROVISIONS AND REPEALS

   93A.    Simplified outline of this Part  
   94.     Definitions  
   95.     Service of member of former Board or former Review Board  
   96.     Decisions of former Board and former Review Board  
   97.     Pending applications  
   97A.    Reclassification  
   98.     Repeals  

   PART 10--MATERIAL--PROHIBITED IN CERTAIN AREAS IN THE NORTHERN TERRITORY

           Division 1--Preliminary

   98A.    Main object of Part  
   98B.    Simplified outline of this Part  
   99.     Definitions  
   99A.    The Racial Discrimination Act is not affected  
   100A.   Prohibited material areas  
   100C.   Delegation by Indigenous Affairs Minister  

           Division 2--Offences

   101.    Possession or control of level 1 prohibited material in prohibited material areas  
   102.    Possession or control of level 2 prohibited material in prohibited material areas  
   103.    Supplying prohibited material in and to prohibited material areas  
   104.    Liability of body corporate managers  
   105.    Division does not apply to postal services  

           Division 3--Seizure and forfeiture of prohibited material

   106.    Seizure of prohibited material  
   107.    Seizure notices  
   108.    Return of seized material--on request  
   109.    Return of seized material--application to magistrate  
   110.    Seized material forfeited to the Commonwealth  
   111.    Relationship of Division to other laws  

           Division 4--Miscellaneous

   112.    Evidence  
   113.    Compensation for acquisition of property  
   114.    Review of operation of this Part  
   115.    Indigenous Affairs Minister may determine that provisions of this Part cease to have effect  
   116.    Sunset provision