Commonwealth Consolidated Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 14B

             (1)  If:

                     (a)  an application is made for classification of a film; and

                     (b)  the film is a television series film; and

                     (c)  at least one of the episodes of the television series film has, before the making of the application, been broadcast in Australia on a national broadcasting service, a commercial broadcasting service, a subscription broadcasting service or a community broadcasting service; and

                     (d)  the applicant is of the opinion that the film would, if classified, be classified at a particular classification that is R 18+ or a lower classification;

the applicant may also submit with the application an assessment of the television series film prepared in accordance with subsection (2).

             (2)  An assessment of a kind referred to in subsection (1) must:

                     (a)  satisfy the requirements specified in the scheme determined by the Minister under subsection (3); and

                     (b)  be prepared by an authorised television series assessor; and

                     (c)  be signed by, or on behalf of, the applicant.

             (3)  The Minister may, by legislative instrument, determine a scheme relating to the assessment of television series films.

             (4)  A scheme under subsection (3) may do the following:

                     (a)  specify the requirements for the assessments of television series films;

                     (b)  specify the basis on which assessments of television series films are to be made;

                     (c)  specify the requirements for the authorisation of persons as authorised television series assessors under the scheme and for continued authorisation (including the circumstances in which such authorisation may be revoked or suspended);

                     (d)  provide for a notice system that empowers the Director to give a notice (a barring notice ) to a particular person in specified circumstances (including circumstances that relate to whether the Director is satisfied as to a matter or matters);

                     (e)  specify the effect of a barring notice, which may include but is not limited to the following:

                              (i)  providing that a person in respect of whom a barring notice is in force may not be authorised to make assessments of television series films;

                             (ii)  providing that a person in respect of whom a barring notice is in force may not submit an application for classification under subsection (1);

                      (f)  provide for review by the Administrative Appeals Tribunal of decisions under the scheme;

                     (g)  confer functions and powers on the Board or the Director in relation to and for the purposes of the scheme;

                     (h)  provide for administrative matters, such as the making of applications and the giving of notices;

                      (i)  specify circumstances in which an assessment is taken to be misleading, incorrect or grossly inadequate for the purposes of section 21AB (without limiting those circumstances).

             (5)  The Minister must consult with participating Ministers before determining a scheme under subsection (3).

             (6)  In this section:

"commercial broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .

"community broadcasting service" has the same meaning as in the Broadcasting Services Act 1992.

"national broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .

"subscription broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .