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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) AMENDMENT ACT (NO. 1) 2001 NO. 13, 2001 - SCHEDULE 2

- Consequential amendments

Broadcasting Services Act 1992

1 Clause 1 of Schedule 2

Insert:

Classification Board means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995 .

2 Paragraph 7(1)(g) of Part 3 of Schedule 2

Repeal the paragraph, substitute:

(g)
the licensee will not broadcast a program that has been classified RC or X by the Classification Board;

3 Paragraph 9(1)(g) of Part 5 of Schedule 2

Repeal the paragraph, substitute:

(g)
the licensee will not broadcast a program that has been classified RC or X by the Classification Board;

4 Paragraph 10(1)(f) of Part 6 of Schedule 2

Repeal the paragraph, substitute:

(f)
the licensee will not broadcast a program that has been classified RC or X by the Classification Board;

5 Paragraph 10(1)(g) of Part 6 of Schedule 2

Omit "Office of Film and Literature Classification", substitute "Classification Board".

6 Paragraph 11(3)(a) of Part 7 of Schedule 2

Repeal the paragraph, substitute:

(a)
the licensee will not broadcast a program that has been classified RC or X by the Classification Board;

7 Subclause 11(4) of Part 7 of Schedule 2

Repeal the subclause, substitute:

(4)
The provision by a person of a subscription television narrowcasting service under a class licence is also subject to the condition that the licensee will not broadcast a program that has been classified RC or X by the Classification Board.

12 At the end of clause 16 of Schedule 5

Add:

(2)
Without limiting paragraph (1)(e), if the classification referred to in that paragraph is a restricted classification, the following persons or bodies are taken to be persons aggrieved by the classification:

(a)
a person who has engaged in a series of activities relating to, or research into, the contentious aspects of the theme or subject matter of the Internet content concerned;

(b)
an organisation or association, whether incorporated or not, whose objects or purposes include, and whose activities relate to, the contentious aspects of that theme or subject matter.

(3)
However, a person or body is not aggrieved by a restricted classification because of subclause (2) if the classification was made before:

(a)
the person engaged in a series of activities relating to, or research into, the contentious aspects of the theme or subject matter of the Internet content concerned; or

(b)
the organisation or association was formed, or its objects or purposes included and its activities related to, the contentious aspects of that theme or subject matter.

(4)
In this clause:

restricted classification means:

(a)
for Internet content that does not consist of a computer game—the classification MA, R, X or RC; or

(b)
for Internet content that consists of a computer game—the classification MA (15+) or RC.

13 Subclause 21(2) of Schedule 5

After "22,", insert "23A, 24,".

14 Subclause 21(2) of Schedule 5

Omit "and 28", substitute ", 28 and 44A, and Division 6 of Part 2,".



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