Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"ACNC type of entity" means an entity that meets the description of a type of entity in column 1 of the table in subsection 25 - 5(5) of the Australian Charities and Not - for - profits Commission Act 2012 .
"additional content" in a film that also comprises a classified film or an exempt film includes, but is not limited to:
(a) additional scenes for the classified film or exempt film (such as alternative endings or deleted scenes); and
(b) a film of the making of the classified film or exempt film; and
(c) interviews with, and commentaries by, directors, actors and other persons involved with the making of the classified film or exempt film; and
(d) such other material as is prescribed by the regulations;
but does not include:
(e) a work; or
(f) such other material as is prescribed by the regulations.
"additional content assessor" means a person who is authorised by the Director under section 22D.
"add-on" means a computer program, data associated with a computer program or a computer program and any associated data referred to in subsection 5A(2).
"adult" means a person who is 18 or older.
"advertisement" for a publication, a film or a computer game means any form of advertising for the publication, film or game, and includes:
(a) advertising, whether visual or audible, whether in the form of written or spoken words or other sounds and whether in a book, paper, magazine, poster, photograph, sketch, program, film or slide or in any other form; and
(b) advertising on a container or wrapping enclosing the publication, film or game; and
(c) advertising on the internet;
but does not include:
(d) advertising for an exempt film or exempt computer game; or
(da) advertising for a particular demonstration, exhibition or screening of a publication, film or computer game, if the publication, film or computer game is subject to a conditional cultural exemption in relation to the demonstration, exhibition or screening; or
(e) advertising, in an imported publication, for a publication, film or computer game that has not been published in Australia; or
(f) advertising, in an imported film or computer game that is in a form that cannot be modified, for a film or computer game that has not been published in Australia (the advertised film or game ), whether or not the advertised film or game is later published in Australia; or
(g) advertising by means of a product:
(i) that refers to or is derived from the publication, film or computer game; and
(ii) that is primarily intended to be sold or distributed to the general public or to a section of the general public; and
(iii) that a reasonable person would not consider to be a primary source of classification information for consumers about the publication, film or computer game.
"approved classification tool" : see subsection 22CA(2).
"approved cultural institution" : see section 6F.
"Board" means the Classification Board.
"business day" means a day other than a Saturday, Sunday or public holiday.
"classifiable elements" has the same meaning as in the Guidelines determined under subsection 12(1) and as in force from time to time.
"classification certificate" means a certificate issued under section 25.
"classified" means classified under this Act.
Note: Certain 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 under this Act: see section 6HA.
"Code" means the National Classification Code, set out in the Schedule to this Act as originally enacted, as amended in accordance with section 6.
"computer generated image" means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, liquid crystal display or similar medium from electronically recorded data.
"conditional cultural exemption rules" means rules made by the Minister under section 6G.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"constitutional trade or commerce" means trade or commerce:
(a) between Australia and a place outside Australia; or
(b) among the States; or
(c) between a State and a Territory; or
(d) within a Territory; or
(e) between 2 Territories.
"contentious material" , in relation to a film or computer game, means material that would be likely to cause it to be classified:
(a) for a film--M or a higher classification; or
(b) for a computer game--M or a higher classification.
"Convenor" means the Convenor of the Review Board.
"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .
"decision" means a decision of the Board:
(a) to classify or refuse to classify a publication, film or computer game (including a decision of the Board under section 39 or 97A or under subsection 22CH(4) or 22L(4) following revocation); or
(b) to determine the consumer advice to apply to a publication, film or computer game; or
(c) to approve or refuse to approve an advertisement for a publication, film or computer game (including a decision of the Board under section 39) or to impose conditions on such an approval; or
(d) to assess or refuse to assess the likely classification of an unclassified film or an unclassified computer game; or
(da) to revoke an assessment of the likely classification of an unclassified film or an unclassified computer game; or
(e) to decline to deal with or to deal further with an application under this Act; or
(f) to make or refuse to make a declaration under subsection 13(3); or
(g) to revoke such a declaration; or
(h) to impose a condition under section 13A; or
(i) to revoke the classification of a film or computer game under section 21A; or
(ia) to revoke the classification of a film under section 21AA; or
(ib) to revoke the classification of a computer game under section 21AC; or
(j) to revoke the classification of, or consumer advice for, a publication, film or computer game under section 22B.
"demonstrate" includes exhibit, display, screen, play or make available for playing.
"Deputy Director" means the Deputy Director of the Board.
"determined markings" means markings determined under paragraph 8(1)(a).
"Director" means the Director of the Board.
"enforcement application" means an application that is made:
(a) by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory; and
(b) for the purpose of investigating or prosecuting an offence against a law of the Commonwealth, a State or a Territory.
"exempt computer game" has the meaning given by section 6B.
"exempt film" has the meaning given by section 6B.
"film" includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced (together with its sound track), but does not include:
(a) a computer game; or
(b) an advertisement for a publication, a film or a computer game.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"government body" means:
(a) a department of the Commonwealth, a State or a Territory; or
(b) an agency or authority of the Commonwealth, a State or a Territory; or
(c) a body established for the purposes of local government by or under a law applying in a State or Territory.
"interactive film" means a film to which subsection 14(4) applies.
"interactive game" means a game in which the way the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player.
"member" means a member of the Board, and includes a temporary member.
"minor" means a person under 18.
"participating Minister" means a Minister of a State or Territory who is responsible for censorship matters where the State or Territory is a participant in the scheme referred to in section 3, but does not include such a Minister in relation to action to be taken under a provision of this Act if:
(a) the action relates to publications, films or computer games; and
(b) the State or Territory does not participate in the scheme in relation to publications, films or computer games, as the case may be.
"publication" means any written or pictorial matter, but does not include:
(a) a film; or
(b) a computer game; or
(c) an advertisement for a publication, a film or a computer game.
"publish" includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate.
"registered event" : see section 6D.
"Review Board" means the Classification Review Board.
"social sciences" has the meaning given by section 5C.
"subject to a conditional cultural exemption" : for when a publication, film or computer game is subject to a conditional cultural exemption , see sections 6C and 6E.
"submittable publication" means an unclassified publication that, having regard to section 9A or to the Code and the classification guidelines to the extent that they relate to publications, contains depictions or descriptions that:
(a) are likely to cause the publication to be classified RC; or
(b) are likely to cause offence to a reasonable adult to the extent that the publication should not be sold or displayed as an unrestricted publication; or
(c) are unsuitable for a minor to see or read.
"temporary member" means a person appointed under section 50.
"work" means:
(a) a cinematic composition that appears to be:
(i) self - contained; and
(ii) produced for viewing as a discrete entity; or
(aa) a television program; or
(b) a computer game that is produced for playing as a discrete entity;
but does not include an advertisement.