CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Purpose  
• 3A Simplified outline of this Act  
• 4 Powers and functions under State or Territory laws  
• 4A Concurrent operation of State and Territory laws  
• 5 Definitions  
• 5A Meaning of computer game  
• 5C Meaning of social sciences  
• 6 Amendments of the Code  
• 6A Application of the Criminal Code  

PART 1A--EXEMPTIONS--ETC.

Division 1A--Preliminary

• 6AA Simplified outline of this Part  

Division 1--Exempt films and exempt computer games

• 6B Exempt films and exempt computer games  

Division 2--Conditional cultural exemptions

• 6C Conditional cultural exemptions--registered events  
• 6D Registered events  
• 6E Conditional cultural exemptions--approved cultural institutions  
• 6F Approved cultural institutions  
• 6G Conditional cultural exemption rules  
• 6H Modifications etc. in relation to this Division  

Division 3--Films classified under certain other Acts

• 6HA Certain films classified under certain other Acts are taken to be classified under this Act  
• 6HB Reclassification of films taken to be classified by the Board  

PART 2--CLASSIFICATION

Division 1--Preliminary

• 6J Simplified outline of this Part  
• 7 Types of classifications  
• 8 Determined markings and consumer advice  
• 8AA Use of markings in relation to goods other than films etc.  
• 8A Notice about classifications  
• 9 Classification in accordance with the Code  
• 9A Refused Classification for publications, films or computer games that advocate terrorist acts  
• 11 Matters to be considered in classification  
• 12 Classification guidelines  
• 12A Board to determine list of consumer advice terms  
• 12B Films consisting only of classified films  
• 12C Considered form of publication, film or computer game to be final  
• 12D Classification of publications, films or computer games containing advertisements  

Division 2--Classification by the Board

• 12E Classification of publications, films and computer games by the Board  
• 13 Applications for classification of publications  
• 13A Conditions of certain classifications for publications  
• 14 Applications for classification of 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  
Subdivision B--Authorised assessors of computer games
• 17AA Authorisation to assess computer games  
• 17A Revocation of authorisation to assess certain computer games  
• 17B Barring notice to assessors of certain computer games  
• 17C Barring notice to applicant for classification of computer games  
• 17D Review by AAT  
Subdivision C--Consumer advice and other matters
• 19 Screening of films and demonstration of computer games before classification  
• 20 Board to decide consumer advice for publications, films and computer games  

Division 2A--Modified films and computer games

• 20A Modifications of unclassified films and computer games that are later classified  
• 21 Declassification of classified films or computer games that are modified  

Division 2B--Revocation by the Board of classifications involving assessments of additional content or authorised assessors

• 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  
• 21AC Revocation of classification of computer games if assessment misleading etc.  

Division 2C--Enforcement applications for classification by the Board

• 22A Applications for classification for enforcement purposes  

Division 2D--Validation of Board decisions

• 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 2E--Classification by approved classification tools

• 22CA Approved classification tools  
• 22CB Variation or revocation of approval  
Subdivision B--Contracts etc. in relation to approved classification tools
• 22CC Contracts etc. in relation to approved classification tools  
• 22CD Involvement in a corporation etc. in relation to approved classification tools  
• 22CE Executive power of the Commonwealth  
Subdivision C--Classification by approved classification tools
• 22CF Classification by approved classification tools  
• 22CG Approved classification tool certificates  
• 22CH Revocation of classification by approved classification tool  
Subdivision D--Other
• 22CJ Delegation by the Minister  

Division 2F--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 2G--Classification by accredited person

• 22K An accredited person may classify a film or computer game  
• 22L Board may revoke classification  
Subdivision B--Accreditation
• 22M Secretary may accredit a person to classify films and computer games  
• 22N Secretary may request accredited person complete further training  
• 22P Secretary may revoke accreditation  
• 22Q Barring notice to accredited person  
• 22R Review by AAT  
Subdivision C--Other
• 22S Secretary may approve training  
• 22T Delegation  

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 by the Board or Review Board

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

PART 3--ADVERTISING

Division 1A--Preliminary

• 28D Simplified outline of this Part  

Division 1--Approval of general advertisements

• 29 Approval of advertisements  
• 30 Calling in advertisements  

Division 2--Advertising of unclassified films and unclassified computer games

• 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

• 37 Simplified outline of this Part  
• 38 Limit on reclassification  
• 39 Reclassification etc. after 2 years  
• 40 Notice of request to reclassify etc.  
• 41 Consideration of submissions  

PART 5--REVIEW--OF DECISIONS

• 41A Simplified outline of this Part  
• 41B Reviewable 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 1A--Preliminary

• 44C Simplified outline of this Part  

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 1A--Preliminary

• 71 Simplified outline of this Part  

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

• 85A Simplified outline of this Part  
• 86 Immunity from suit  
• 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  
• 88B Referral of certain unclassified material to law enforcement agencies  
• 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

• 93A Simplified outline of this Part  
• 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 CERTAIN AREAS IN THE NORTHERN TERRITORY

Division 1--Preliminary

• 98A Main object of Part  
• 98B Simplified outline of this Part  
• 99 Definitions  
• 99A The Racial Discrimination Act is not affected  
• 100A Prohibited material areas  
• 100C Delegation by Indigenous Affairs Minister  

Division 2--Offences

• 101 Possession or control of level 1 prohibited material in prohibited material areas  
• 102 Possession or control of level 2 prohibited material in prohibited material areas  
• 103 Supplying prohibited material in and to prohibited material areas  
• 104 Liability of body corporate managers  
• 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 Review of operation of this Part  
• 115 Indigenous Affairs Minister may determine that provisions of this Part cease to have effect  
• 116 Sunset provision