Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Purpose  
   4.      Powers and functions under State or Territory laws  
   5.      Definitions  
   5A.     Meaning of computer game  
   5B.     Exempt films and exempt computer games  
   6.      Amendments of the Code  
   6A.     Application of the Criminal Code  

   PART 2--CLASSIFICATION

           Division 1--Preliminary

   7.      Types of classifications  
   8.      Markings for classifications  
   8A.     Notice about classifications  

           Division 2--Classification of publications, films and computer games

   9.      Classification in accordance with the Code  
   9A.     Refused Classification for publications, films or computer games that advocate terrorist acts  
   10.     Classifications in writing etc.  
   11.     Matters to be considered in classification  
   12.     Classification guidelines  
   13.     Applications for classification of publications  
   13A.    Conditions of certain classifications for publications  
   14.     Applications for classification of films  
   14A.    Films consisting only of classified films  
   14B.    Applications for television series 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  
   18.     Considered form of publication, film or computer game to be final  
   19.     Screening of films and demonstration of computer games before classification  
   20.     Board to decide consumer advice for publications, films and computer games  
   21.     Declassification of classified films or computer games that are modified  
   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  
   21AB.   Revocation of classification of television series films  
   22.     Classification of publications, films or computer games containing advertisements  
   22A.    Applications for classification for enforcement purposes  
   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 2A--Assessments of additional content

              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 AAT  

              Subdivision B--Barring notices to applicants

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

           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

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

           Division 6--Certificates for exempt films or computer games

   28A.    Application for certificate  
   28B.    Granting certificates  
   28C.    Revocation of certificate  

   PART 3--ADVERTISING

           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

   38.     Limit on reclassification  
   39.     Reclassification etc. after 2 years  
   40.     Notice of intention to reclassify etc.  
   41.     Consideration of submissions  

   PART 5--REVIEW OF 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 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 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

   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  
   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

   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 PRESCRIBED AREAS

           Division 1--Preliminary

   99.     Definitions  
   100.    Concurrent operation of State and Territory laws  

           Division 2--Offences

   101.    Possession or control of level 1 prohibited material in prescribed areas  
   102.    Possession or control of level 2 prohibited material in prescribed areas  
   103.    Supplying prohibited material in and to prescribed areas  
   104.    Body corporate managers taken to have committed offences  
   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.    Minister may repeal provisions of this Part  
   115.    Sunset provision [see Note 1]