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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-10-26 Daily Xml
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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (EXEMPTIONS AND APPROVALS) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. B.V. FINNIGAN (17:59): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The National Classification Scheme, or 'NCS', is a joint Commonwealth, State and Territory legislative and administrative scheme under which publications, films and computer games are classified, and their advertising, sale, demonstration and exhibition regulated.

The NCS is overseen by Commonwealth, State and Territory Censorship Ministers sitting as a sub-set of the Standing Committee of Attorneys-General.

The Commonwealth legislation consists of the Classification (Publications, Films and Computer Games) Act 1995 and the subordinate legislation made under that Act. The Commonwealth Act:

establishes the Classification Board;

determines the types of classifications that apply to publications, films and computer games;

empowers the Classification Board to classify publications, films and computer games;

sets out the procedures the Classification Board follows in making its classification decisions;

establishes the review mechanism, the Classification Review Board, which, on application, reviews decisions made by the Classification Board.

Publications, films and computer games are classified in accordance with the Commonwealth Act, the National Classification Code and the classification guidelines.

Each State and Territory has enacted complementary enforcement legislation. Collectively, these Acts are known as the 'Enforcement Acts'. The South Australian Enforcement Act is the Classification (Publications, Films and Computer Games) Act 1995. The Enforcement Acts determine how films, publications and computer games can be sold, hired, exhibited, advertised and demonstrated in each State and Territory.

Unlike other jurisdictions, South Australia maintains a separate classification regime that can (if triggered) classify publications, films and computer games independently of the Commonwealth Classification and Classification Review Board.

Each of the Enforcement Acts contain provisions allowing for films, computer games and publications to be exempt from the Act and for organisations seeking exemptions to be approved for that purpose. In the SA Act these powers of exemption and approval are contained in Part 8.

Section 76 provides that the Minister may, on application, direct in writing that the Act does not apply, to the extent and subject to any condition specified in the direction, to or in relation to a film, publication, computer game or advertisement.

Section 77 empowers the Minister to exempt organisations that have been approved under sections 79 or 79A. Section 77(1) provides the Minister with the power to exempt an approved organisation in relation to the exhibition of a film at an event. Section 77(3) empowers the Minister to exempt an organisation approved under section 79A in respect of all or any of its activities or functions that relate to films or computer games if the organisation carries on activities of an educational, cultural or artistic nature.

Section 79 provides the mechanism for approving organisations for the purpose of exemption under section 77(1). It provides that the Minister may, by notice published in the Gazette, approve an organisation for the purposes of section 77(1).

Section 79A provides the mechanism for approving organisations for the purpose of exemption under section 77(3). It provides that the Minister may, by notice published in the Gazette, approve an organisation for the purposes of section 77(3) if the organisation carries on activities of an educational, cultural or artistic nature.

In considering whether to approve an organisation the Minister must have regard to

the purpose for which the organisation was formed; and

the extent to which the organisation carries on activities of a medical, scientific, educational, cultural or artistic nature; and

the reputation of the organisation in relation to the screening of films and, if relevant, the possession or demonstration of computer games; and

the conditions as to admission of persons to the screening of films or demonstration by the organisation.

In South Australia the power to grant exemptions and approve organisations is conferred on the Minister. All other States and Territories except Queensland confer the power to grant exemptions and approve organisations on the Director, either alone or concurrently with the Minister. Queensland has amended its legislation to confer the power on the Director and the Minister concurrently, but these amendments are yet to commence.

There are several advantages in having the Director of the Classification Board making exemption and approval decisions:

the Director has the relevant expertise and resources to properly assess films, publications, computer games and organisations seeking approval. The Classification Branch of the Commonwealth Attorney-General's Department, which provides administrative and other support to the Director and the Boards, has a dedicated exemptions' officer;

decisions will be more consistent. This is particularly relevant to exemption applications for films. Many films that are the subject of exemption applications are screened in more than one State or Territory (often being screened at several film festivals). It makes sense for the one decision-maker to consider all applications for exemption in relation to the one film.

This Bill amends the SA Act to confer the power to grant exemptions and approve organisations under sections 76, 77, 79 and 79A on the Director. The Minister will retain the power to grant exemptions and approve organisations. A new section 79B makes clear that the Minister may refer an application to the Director for consideration and new section 79C makes clear that the Minister may revoke a director or approval given by the National Director.

I commend the Bill to the House.

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 76—Exemption of film, publication, computer game or advertisement

This clause provides that the Director of the National Classification Board (the National Director) may, in addition to the Minister, exempt a film, publication, computer game or advertisement from the operation of the Act. The clause also provides for the requirements of an application for exemption made to the Minister.

5—Amendment of section 77—Exemptions—organisations

This clause provides that the National Director may, in addition to the Minister, exempt an approved organisation in relation to the exhibition of a film at an event, or in respect of all or any of its activities or functions that relate to films or computer games, from the operation of the Act.

6—Amendment of section 78—Ministerial directions or guidelines

This amendment is consequential and requires the National Director, in considering whether to make a direction under Part 8 of the Classification (Publications, Films and Computer Games) Act 1995 to give effect to any directions or guidelines issued by the Minister in relation to the application of the Act.

7—Amendment of section 79—Organisation may be approved (section 77(1))

This clause provides that the National Director may, in addition to the Minister, approve an organisation for the purposes of section 77(1) of the Act. The clause also provides for the requirements of an application for approval made to the Minister.

8—Amendment of section 79A—Organisation may be approved (section 77(3))

This clause provides that the National Director may, in addition to the Minister, approve an organisation for the purposes of section 77(3) of the Act. The clause also provides for the requirements of an application for approval made to the Minister.

9—Insertion of sections 79B and 79C

This clause inserts a new section 79B which provides that the Minister may, with the agreement of the National Director, refer the application to the National Director for determination.

The clause also inserts a new section 79C which provides that a direction made, or approval given, by the National Director under this Part may, either on application or on the Minister's own initiative, be revoked by the Minister if the Minister considers that it is not appropriate that the direction be made or the approval be given. The clause provides for the requirements of an application made to the Minister under the section.

10—Amendment of section 91—Regulations

This clause provides for a consequential amendment to the regulation making power in the Act. It provides that the regulations may be of general application or vary in their application according to prescribed factors.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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