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This is a Bill, not an Act. For current law, see the Acts databases.
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) AMENDMENT (ONLINE GAMES) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Classification (Publications, Films and
Computer Games) Amendment (Online
Games) Bill 2011
No. , 2011
(Justice)
A Bill for an Act to amend the Classification
(Publications, Films and Computer Games) Act 1995,
and for related purposes
i Classification (Publications, Films and Computer Games) Amendment (Online Games) Bill
2011 No. , 2011
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
Classification (Publications, Films and Computer Games) Amendment (Online Games) Bill 2011
No. , 2011 1
A Bill for an Act to amend the Classification
1
(Publications, Films and Computer Games) Act 1995,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Classification (Publications, Films
6
and Computer Games) Amendment (Online Games) Act 2011.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2 Classification (Publications, Films and Computer Games) Amendment (Online Games)
Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendment of the Classification (Publications, Films and Computer Games) Act 1995
Schedule 1
Classification (Publications, Films and Computer Games) Amendment (Online Games) Bill 2011
No. , 2011 3
Schedule 1--Amendment of the Classification
1
(Publications, Films and Computer
2
Games) Act 1995
3
4
1 Section 5
5
Insert:
6
computer game has the meaning given by section 5A.
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2 Section 5
8
Insert:
9
exempt online game has the meaning given by section 5C.
10
3 Section 5
11
Insert:
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mobile device means a device that is designed to run a mobile
13
operating system.
14
4 Subsection 5B(2)
15
Repeal the subsection, substitute:
16
(2) A computer game is an exempt computer game if:
17
(a) subject to subsection (3)--it forms part of, or is included in,
18
computer software specified in the following table; or
19
(b) it is an exempt online game (see section 5C).
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Applications for classification of exempt computer games are not
21
necessary but can be made.
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23
Exempt computer games (other than exempt online games)
Item
Type
Description
1
Business
Software for use in the course of a business or
trade
2
Accounting
Software for use in the keeping or verification of
accounts
3
Professional
Software for use in the course of a profession
Schedule 1 Amendment of the Classification (Publications, Films and Computer
Games) Act 1995
4 Classification (Publications, Films and Computer Games) Amendment (Online Games)
Bill 2011 No. , 2011
Exempt computer games (other than exempt online games)
Item
Type
Description
4 Scientific
Software
for
use pursuant to a branch of
knowledge conducted on objective principles
involving the systemised observation of, and
experiment with, phenomena
5
Educational
Software whose main purpose is for training,
instruction or reference, as a manual, a lesson, an
encyclopaedia or a guide
1
5 Subsection 5B(3)
2
Omit "or computer game" (first occurring), substitute ", or a computer
3
game referred to in paragraph (2)(a),".
4
6 After section 5B
5
Insert:
6
5C Exempt online game
7
(1) Subject to subsections (2), (3) and (5), a computer game is an
8
exempt online game if:
9
(a) the following subparagraphs are satisfied:
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(i) the computer game is only available by means of a
11
content service (within the meaning of Schedule 7 to the
12
Broadcasting Services Act 1992);
13
(ii) the computer game can only be played on a mobile
14
device onto which it has been installed; or
15
(b) the following subparagraphs are satisfied:
16
(i) the computer game is only available by means of a
17
content service (within the meaning of Schedule 7 to the
18
Broadcasting Services Act 1992);
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(ii) the computer game can only be played while the player
20
is using an internet carriage service (within the meaning
21
of Schedule 5 to the Broadcasting Services Act 1992).
22
(2) A computer game is not an exempt online game if it contains:
23
(a) an advertisement that has been refused approval; or
24
Amendment of the Classification (Publications, Films and Computer Games) Act 1995
Schedule 1
Classification (Publications, Films and Computer Games) Amendment (Online Games) Bill 2011
No. , 2011 5
(b) an advertisement for a film, or for a computer game, that has
1
been classified RC or that, if classified, would be likely to be
2
classified RC; or
3
(c) material that would be likely to cause the computer game to
4
be classified RC.
5
(3) A computer game that is classified is not an exempt online game.
6
(4) Division 6 of Part 2 applies in relation to the following:
7
(a) an application for a certificate under that Division that is
8
based on a computer game being an exempt online game;
9
(b) a certificate granted under that Division on the basis of a
10
computer game being an exempt online game;
11
as if references in that Division to "M or a higher classification"
12
were instead references to "RC".
13
(5) A computer game is not an exempt online game at any time after
14
the end of the period of 2 years starting on the commencement of
15
this section. At the end of that period, any certificate granted under
16
Division 6 of Part 2 on the basis of a computer game being an
17
exempt online game ceases to be in force.
18
7 At the end of subsection 28A(1)
19
Add:
20
Note:
For how this Division applies in relation to exempt online games, see
21
subsections 5C(4) and (5).
22