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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2008-10-15 Daily Xml
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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (CLASSIFICATION PROCESS) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the annexed schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

No. Clause 4, page 3, after line 18 [clause 4]—

After subclause (1) insert:

(1a) Section 4—after the definition of advertisement insert:

advertising scheme means the scheme determined from time to time under section 31 of the Commonwealth Act;

No. Clause 4, page 3, after line 21 [clause 4(2)]—

After the definition of approved form insert:

authorised television series assessor means a person authorised in accordance with the scheme determined under section 14B of the Commonwealth Act to prepare assessments of television series films;

No. Clause 4, page 3, after line 26 [clause 4]—

After subclause (4) insert:

(5) Section 4(1)—after the definition of submittable publication insert:

television series film means a film that comprises—

(a) 1 or more episodes of a television series; or

(b) 1 or more episodes of a television series and series-related material if that material does not appear to be self-contained and produced for viewing as a discrete entity;

No. New clause, page 3, after line 26—

After clause 4 insert:

4A—Insertion of section 19AA

After section 19 insert:

19AA—Consideration of television series films

(1) The Council or the Minister may, for the purposes of the assessment of a television series film within the ambit of this section for the purposes of classifying the film, take into account an assessment of the film prepared by an authorised television assessor and furnished in the prescribed manner.

(2) A television series film is within the ambit of this section if—

(a) at least 1 of the episodes of the television series film has, before the making of the application, been broadcast in Australia on a national broadcasting service, a commercial broadcasting service, a subscription broadcasting service or a community broadcasting service; and

(b) the applicant for classification is of the opinion that the film would, if classified, be classified at a particular classification that is R 18+ or a lower classification.

(3) An assessment prepared by an authorised television assessor must satisfy the requirements specified in the scheme established under section 14B of the Commonwealth Act.

No. New clause, page 4, after line 19—

After clause 5 insert:

5A—Substitution of section 22

Section 22—delete the section and substitute:

22—Classification of films or computer games containing advertisement

An unclassified film (the first film) or unclassified computer game (the first game) must not be classified if it contains an advertisement—

(a) for a film or computer game with a higher classification than the classification the first film or first game would be given if it did not contain the advertisement; or

(b) for an unclassified film or unclassified computer game—

(i) that has been assessed in accordance with this Act or the Commonwealth Act as being likely to have a higher classification than the classification the first film or first game would be given if it did not contain the advertisement; or

(ii) the likely classification of which has not been assessed (either under this Act or the Commonwealth Act); or

(c) that has been refused approval (either under this Act or the Commonwealth Act).

No. Clause 8, page 5, after line 4 [clause 8]—

Before section 23B insert:

23AB—Revocation of classification of television series films

(1) If—

(a) the Council or the Minister has classified a film taking into account an assessment prepared by an authorised television series assessor under section 19AA; and

(b) the Council or the Minister (as the case may require) is satisfied that—

(i) the assessment was misleading, incorrect or grossly inadequate; and

(ii) if the Council or the Minister had been aware of the respects in which the assessment was misleading, incorrect or grossly inadequate before the classification was made, the Council or the Minister (as the case may be) would have given the film a different classification,

the Council or the Minister (as the case may require) must revoke the classification.

(2) The regulations may prescribe circumstances in which an assessment is misleading, incorrect or grossly inadequate for the purposes of subsection (1)(b).

(3) To avoid doubt, the regulations are not to be taken to limit the circumstances in which an assessment is misleading, incorrect or grossly inadequate.

No. New clause, page 5, after line 40—

After clause 9 insert:

9A—Insertion of Part 3 Division 4

Part 3—after Division 3 insert:

Division 4—Assessments of likely classifications of unclassified films and unclassified computer games

27A—Person may apply for assessment of likely classification of unclassified film or unclassified computer game

(1) A person who is, or proposes to be, the distributor, exhibitor or publisher of an unclassified film or an unclassified computer game may apply to the Council for an assessment of the likely classification of the film or computer game for the purpose of advertising the film or computer game.

(2) The application must—

(a) be in writing; and

(b) be in a form approved in writing by the Council; and

(c) be signed by or on behalf of the applicant; and

(d) include any information, statements, explanations or other matters required by the form; and

(e) be accompanied by any other relevant material required by the form; and

(f) be accompanied by the prescribed fee.

27B—Council may assess likely classification of film or computer game

(1) This section applies if an application has been made under section 27A for the assessment of the likely classification of an unclassified film or an unclassified computer game.

(2) The Council may assess the classification that, in the opinion of the Council, the film or computer game would be likely to have if the film or computer game were classified, having regard to the material and information available to the Council when making the assessment.

(3) The Council may refuse to assess the likely classification of the film or computer game if the Council considers that the material and information available to the Council is insufficient (whether or not the Council has made a request under subsection (4)).

(4) The Council may request that applicant to give to the Council, within the period specified in the request, further information for the purpose of enabling the Council to deal with the application.

(5) The Council may decline to deal with the application, or decline to further deal with the application, until the information is given to the Council in accordance with the request.

(6) To avoid doubt, this section does not require the Council to obtain further information under subsection (4) for the purposes of the Council's assessment.

27C—Revocation of assessment

(1) If, after making an assessment under section 27B of the likely classification of an unclassified film or an unclassified computer game, but before the film or computer game is classified, the Council is of the opinion that—

(a) the film or computer game contains, or will contain, material of which the Council was unaware when the Council made the assessment; and

(b) if the Council had been aware of the material before making the assessment, it would have assessed the film or computer game as likely to have a higher classification,

the Council must revoke the assessment, and must also revoke the approval of any approved advertisement for the film or game.

(2) The Council must revoke an assessment under section 27B of the likely classification of a film or computer game, and must also revoke the approval of any approved advertisement for the film or game, if the applicant for the assessment makes a written request that the Council do so.

(3) The revocation of an assessment or approved advertisement takes effect—

(a) when written notice of the decision to revoke is given to the applicant concerned; or

(b) if a later day is specified in the instrument of revocation—on that later day.

27D—Notice of decisions

The Council must give written notice of a decision under section 27B or 27C to the applicant for the assessment or advertisement concerned as soon as practicable but not later than 30 days after the making of the decision.

No. New clause, page 6, after line 21—

After clause 11 insert:

11A—Amendment of section 67—Certain films, publications and computer games not to be advertised

(1) Section 67(1)(a)—delete paragraph (a)

(2) Section 67(1)(e)—delete paragraph (e)

(3) Section 67—after subsection (1) insert:

(1a) A person must not publish an advertisement for an unclassified film otherwise than in accordance with—

(a) the advertising scheme; or

(b) a transitional Commonwealth regulation.

Maximum penalty: $5,000.

Expiation fee: $315.

(1b) A person must not publish an advertisement for an unclassified computer game otherwise than in accordance with the advertising scheme.

(4) Section 67—after subsection (2) insert:

(3) In this section—

transitional Commonwealth regulation means a regulation under Schedule 1 Item 13 of the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 (Commonwealth).

11B—Amendment of section 68—Screening advertisements with feature films

Section 68—after its present contents (now to be designated as subsection (1)) insert:

(2) A person must not screen an advertisement for an unclassified film in a public place unless the advertisement complies with the advertising scheme.

Maximum penalty: $2,500.

Expiation fee: $210.

11C—Amendment of section 70—Sale of feature films with advertisements

Section 70—after its present contents (now to be designated as subsection (1)) insert:

(2) A person must not sell a classified film (the feature film) that is accompanied by an advertisement for an unclassified film unless the advertisement complies with the advertising scheme.

Maximum penalty: $2,500.

Expiation fee: $210.

11D—Amendment of section 71—Advertisements with computer games

Section 71—after its present contents (now to be designated as subsection (1)) insert:

(2) A person must not sell or demonstrate a classified computer game (the main game) in a public place that is accompanied by an advertisement for an unclassified computer game unless the advertisement complies with the advertising scheme.

Maximum penalty: $2,500.

Expiation fee: $210.


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