Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1997 No. 34 of 1997 - SCHEDULE 2

Schedule 2-Amendment of the Classification (Publications,
Films and Computer Games) Act 1995 1 Section 5 (definition of contentious
material)
Repeal the definition, substitute:
contentious material, in relation to a film or a computer game, means material
in the film or computer game that a reasonable adult would consider unsuitable
for viewing, or for viewing or playing, as the case may be, by a person under
15. 2 Section 5 (after paragraph (e) of the definition of decision)
Add:
or (f) referred to in subsection 21A(1); 3 At the end of section 14
Add:

(4) If:

   (a)  an application is made for classification of a film that comprises a
        recording from which a computer generated image can be produced; and

   (b)  the recording enables a person using it to choose from 2 or more
        visual images the image that will be viewed; the application must
        include particulars of any contentious material in the film and of the
        means by which access to that material may be gained. 4 Subsection
        21(3)
Repeal the subsection. Note: The heading to section 21 is replaced by the
heading "Declassification of classified films or computer games that are
modified". 5 After section 21
Insert: 21A Declassification of classified films or computer games that are
found to contain contentious material

(1) This section applies if the Board decides:

   (a)  that a classified film to which subsection 14(4) applies or a
        classified computer game (including a film or game classified before
        the commencement of this section) contains contentious material
        (whether through use of a code or otherwise) that was not brought to
        the Board's attention and made available for viewing or demonstration
        before the classification was made; and

   (b)  that, if the Board had been aware of the material before the
        classification was made, it would have given the film or game a
        different classification.

(2) If a decision referred to in subsection (1) is made, the Board's decision
to classify the film or game is taken never to have been made. 6 Paragraph
29(4)(b)
Repeal the paragraph, substitute:

   (b)  depicts or describes, in a way that is likely to cause offence to a
        reasonable adult, a person who is, or looks like, a child under 16
        (whether the person is engaged in sexual activity or not); or 7
        Section 94 (paragraph (c) of the definition of censor)
Repeal the paragraph, substitute:

   (c)  a classification officer appointed under the Indecent Articles and
        Classified Publications Act 1975 of New South Wales, the
        Classification of Publications Ordinance 1983 of the Australian
        Capital Territory or the Classification of Publications and Films Act
        of the Northern Territory; or