Commonwealth Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 3A

Simplified outline of this Act

This Act establishes a scheme for classifying publications, films and computer games for the Australian Capital Territory.

Certain films and computer games are exempt films or exempt computer games.

A publication, film or computer game that is shown as part of a registered event, or by an approved cultural institution, may be subject to a conditional cultural exemption in relation to that showing, if certain criteria are met.

Films classified under the Broadcasting Services Act 1992 , the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 are taken to be classified by the Board in some circumstances.

A publication, film or computer game may be classified:

  (a)   by the Classification Board, on application; or

  (b)   if there is an approved classification tool for the publication, film or computer game--by the operation of the approved classification tool.

A film or computer game may also be classified by an accredited person.

If a film or computer game is modified in specified ways and is then classified in unmodified form at a later time, both the modified and unmodified forms of the film or computer game have the same classification from that time.

If a classified film or computer game is modified, the film or computer game, as modified, becomes unclassified unless specified exceptions apply.

The classification of a publication, film or computer game must be revoked by the Board in certain circumstances.

Once a publication, film or computer game is classified, it cannot be reclassified for 2 years. However, applications for a review of classification decisions can be made to the Classification Review Board and films classified under the Broadcasting Services Act 1992 , the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 that are taken to be classified by the Board can be reclassified in some circumstances.

The Director of the Board has the power to require publishers of certain unclassified publications, films and computer games to apply for classification of that material in certain circumstances. It is an offence to fail to comply with such a requirement.

This Act also provides for copies of unclassified publications, films and computer games that, in the Secretary's opinion, would be likely to be classified RC to be given to the Australian Federal Police and other specified bodies.

This Act also prohibits the possession, control and supply of certain material in certain areas of the Northern Territory. Police officers have powers to seize such material in those areas.

Note:   This Act is part of a national scheme, and there is complementary legislation in all States and Territories. Under the complementary legislation, some publications and most films and computer games must be classified before they can be legally made available to the public.



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