Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (22:57): I move:

That this bill be now read a second time.

I seek leave to have the second reading speech and explanation of clauses inserted into Hansard without my reading it.

Leave granted.

This Bill amends the Classification (Publications, Films and Computer Games) Act 1995 to reflect Commonwealth amendments made in response to recommendations by the Australian Law Reform Commission for reform of the national classification scheme.

The national classification scheme was reviewed by the Australian Law Reform Commission in 2011. Its final report, containing 57 recommendations, was published in 2012. In consideration of the technological changes since inception of the scheme in 1991, this review was crucial in determining how the scheme could continue to address community expectations while addressing the rapid and continuing changes to technology and challenges of media convergence.

Ministers agreed that the reforms should initially address matters that could be incorporated into the existing legislation. The first phase of the agreed reforms was implemented through the Commonwealth Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014. The reforms will:

expand the exemptions to the modification rules so that films and computer games what are subject to certain types of modifications do not require classification again;

broaden the scope of existing exempt film categories and streamlining exemption arrangements for festivals and cultural institutions;

enable certain content to be classified using classification tools such as online questionnaires that deliver automated decisions;

create an explicit requirement in the Commonwealth classification act to display classification markings on all classified content; and

enable the Attorney-General's Department to notify law enforcement authorities of potential Refused Classification content without having the content classified first, to help expedite the removal of extremely offensive or illegal content from distribution.

The reforms will have a staggered commencement. Amendments relating to certificates for exempt films and computer games, amendment relating to determined markings and consumer advice and amendments in relation to modifications have commenced. Conditional cultural exemption reforms will commence later this year.

This Bill makes minor amendments consequential upon the Commonwealth amendments.

Previously, section 21 of the Commonwealth Classification Act provided that, subject to some very limited exceptions, if a classified film or classified computer game was modified, it became unclassified. The requirement to reclassify where content has not changed, for example, each time a caption is added or removed from a film, is costly, time consuming and unnecessary. The Bill amends the Classification Act to reflect the amendments to section 21 of the Commonwealth Act, which now allows modifications of a kind prescribed in a legislative instrument made by the Minister to occur without re-classification, and allows a format change from 2D to 3D without re-classification where the format change is not likely to cause the film or game to be given a different classification.

Section 5B of the Commonwealth Act has been amended to expand the definition and scope of exempt film categories. Where it was required that a film must 'wholly comprise' particular content in order for it to be exempt from classification requirements, the categories have been expanded to include films that 'mainly comprise' particular content and two new categories, social sciences and natural history, have been added. This will accommodate a range of documentary-style content that it is appropriate to exempt. These films must not contain content that would be likely to be classified M or higher. In other words, content that is up to and including the PG level of classification.

The reforms will also simplify exemption arrangements for festivals by removing the requirement to apply to the director of the Classification Board for formal exemption and replacing it with a , deregulated, self-assessment exemption process. The Act sets out clearly who may be eligible to exhibit or demonstrate unclassified content and safeguards similar to those currently in place for festivals will ensure that protection for the public is retained. For example, exemption conditions include restrictions on the screening, exhibition or demonstration of unclassified content to particular age groups if it is strong or high impact and patrons will be provided with warnings about the content. Screening or demonstration of material that is likely to be classified X18+ or RC is prohibited. Training and registration facilities will be established by the Commonwealth to support the Classification Liaison Officers, who will continue to monitor the operation of the arrangements as part of the routine compliance and educational activities. This reform is also a response to the Australian Law Reform Commission recommendations and is aimed at reducing the administrative and regulatory burden on industry and individuals, providing more flexibility to the scheme and support for the arts and cultural sector.

Part 8 of the Classification Act deals with exemptions. Under Part 8 an application made the Minister is taken to be made to the director of the Classification Board. As a consequence of the introduction of a new exemption scheme, the Bill will repeal Part 8 of the Classification Act.

Another important reform introduced by the Commonwealth, but not requiring consequential amendment to the Classification Act is the introduction of classification tools, such as online questionnaires that might be developed by government, industry or other classification bodies overseas. These tools are a way of classifying the significant volume of unclassified online and mobile computer games available in the market today. Enabling the use of such instruments will support and complement the work of the Classification Board, provide certainty to industry and increase compliance with Australian classification laws. Significantly it will mean that the public has access to more classification information that is available under the current system. The tools can only be implemented following approval by the Minister and in deciding whether to approve a particular tool the minister must consider whether it delivers decisions that are consistent with Australian classification requirements. The Classification Board will have the power to override a classification if it deems it necessary. Further, approval for a classification tool may be suspended or revoked at any time.

These national reforms are the first step in streamlining the classification scheme and dealing with the rapid and ongoing changes in technology. I am pleased to present this Bill in support of these long-awaited reforms and look forward to assisting in the implementation of further improvements to the national scheme.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Classification (Publications, Films and Computer Games) Act 1995

4—Amendment of section 6—Application of Act

This clause proposes to amend section 6 of the Classification (Publications, Films and Computer Games) Act 1995 so that the Act does not apply to a publication, film or computer game that is subject to a conditional cultural exemption (within the meaning of the Commonwealth Act).

5—Amendment of section 23—Declassification of classified films or computer games

This clause proposes to amend section 23 of the Classification (Publications, Films and Computer Games) Act 1995 to provide that section 23(1) (which provides that a classified film or computer game becomes unclassified when it is modified) does not apply to a modification of a kind referred to in section 21(3) of the Commonwealth Act.

6—Amendment of section 28—Exhibition of film in public place

This clause proposes to amend section 28 of the Classification (Publications, Films and Computer Games) Act 1995 to provide that section 28(1) (which creates an offence of exhibiting a classified film that has been altered or added to in a public place) does not apply where the alteration or addition is a modification of a kind referred to in section 21(3) of the Commonwealth Act.

7—Amendment of section 37—Sale of films

This clause proposes to amend section 37 of the Classification (Publications, Films and Computer Games) Act 1995 to provide that section 37(1) (which creates an offence of selling a classified film that has been altered or added to) does not apply where the alteration or addition is a modification of a kind referred to in section 21(3) of the Commonwealth Act.

8—Amendment of section 54—Sale or demonstration of computer game in public place

This clause proposes to amend section 54 of the Classification (Publications, Films and Computer Games) Act 1995 to provide that the offence in that section is not contravened by the sale, or demonstration in a public place, of a classified computer game where an alteration of or addition to the classified computer game is a modification of a kind referred to in section 21(2) or (3) of the Commonwealth Act.

9—Repeal of Part 8

This clause proposes to repeal Part 8 of the Classification (Publications, Films and Computer Games) Act 1995.

Schedule 1—Transitional provisions

1—Exemptions

This clause provides transitional provisions for exemptions granted under Part 8 of the Classification (Publications, Films and Computer Games) Act 1995 before the commencement of section 9 of this Act to continue according to their terms. The clause also provides that an application under Part 8 that hasn't been determined before the commencement of section 5 of this Act is taken not to have been made and any fee paid in respect of the application must be refunded to the person who made the application.

Debate adjourned on motion of Hon. D.W. Ridgway.