Commonwealth Numbered Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 No. 7 of 1995 - SECT 5

5. In this Act, unless the contrary intention appears:

"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 an item of clothing advertising the publication, film
        or game;

"adult" means a person who is 18 or older;

"Board" means the Classification Board;

"business day" means a day other than a Saturday, Sunday or public holiday;

"classification certificate" means a certificate issued under section 25;

"classified" means classified under this Act;

"Code" means the National Classification Code set out in the Schedule, or that
Code as amended in accordance with section 6;

"computer game" means a computer program and associated data capable of
generating a display on a computer monitor, television screen, liquid crystal
display or similar medium that allows the playing of an interactive game, but
does not include:

   (a)  an advertisement for a publication, a film or a computer game; or

   (b)  business, accounting, professional, scientific or educational computer
        software unless the software contains a computer game that would be
        likely to be classified MA (15+) or RC;

"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;

"contentious material", in relation to a computer game, means material in the
computer game that a reasonable adult would consider unsuitable for viewing or
playing by a person under 15;

"Convenor" means the Convenor of the Review Board;

"decision" means a decision of the Board:

   (a)  to classify or refuse to classify a publication, a film or a computer
        game; or

   (b)  to determine the consumer advice to apply to a film or a
        computer game; or

   (c)  to approve or refuse to approve an advertisement for a publication, a
        film or a computer game or to impose conditions on such an approval;
        or

   (d)  to grant a certificate of exemption for a film; or

   (e)  to decline to deal with or to deal further with an application under
        this Act; and includes a decision of the Board under section 39;

"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 by the Director under
section 8;

"Director" means the Director of the Board;

"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, but does not include:

   (a)  a computer game; or

   (b)  an advertisement for a publication, a film or a computer game; or

   (c)  a recording for business, accounting, professional, scientific or
        educational purposes unless it contains a visual image that would be
        likely to cause the recording to be classified MA, R, X or RC;

"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;

"Review Board" means the Classification Review Board;

"submittable publication" means an unclassified publication that, having
regard to the Code and the classification guidelines to the extent that they
relate to publications, contains depictions or descriptions of sexual matters,
drugs, nudity or violence that are likely to cause offence to a reasonable
adult to the extent that the publication should not be sold as an unrestricted
publication;

"temporary member" means a person appointed under section 50;

"work" means a cinematic composition that:

   (a)  appears to be self-contained; and

   (b)  is produced for viewing as a discrete entity; but does not include an
        advertisement.