Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Classification
(Publications, Films and Computer Games) Amendment Bill
1998
No. ,
1998
(Attorney-General)
A
Bill for an Act to amend the Classification (Publications, Films and Computer
Games) Act 1995
ISBN: 0642
378207
Contents
Part 1—Amendments that commence on the day on which this Act receives
the Royal Assent 3
Part 2—Amendments that commence when the Classification
(Publications, Films and Computer Games) Charges Act 1998
commences 6
A Bill for an Act to amend the Classification
(Publications, Films and Computer Games) Act 1995
The Parliament of Australia enacts:
This Act may be cited as the Classification (Publications, Films and
Computer Games) Amendment Act 1998.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) Part 2 of Schedule 1 commences on the day on which the
Classification (Publications, Films and Computer Games) Charges Act 1998
commences.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Part
1—Amendments that commence
on the day on which this Act receives the Royal Assent
1 Section 5
Insert:
enforcement application means an application that is
made:
(a) by the Commonwealth, a State or a Territory, or by an authority or
agency of the Commonwealth, a State or a Territory; and
(b) for the purpose of investigating or prosecuting an offence against a
law of the Commonwealth, a State or a Territory.
2 Section 13
After “classification of a publication”, insert “(other
than an enforcement application—see section 22A)”.
3 Subsection 14(1) and paragraph
14(4)(a)
After “classification of a film”, insert “(other than an
enforcement application—see section 22A)”.
4 Paragraph 15(2)(b)
Before “invite”, insert “if the application is not an
enforcement application—”.
5 Subsection 15(3)
Repeal the subsection, substitute:
(3) If the application is not an enforcement application, the Board must
deal with the application as an application for classification of a computer
game after receiving the additional material and fee required.
(4) If the application is an enforcement application, the Board must deal
with the application as an application for classification of a computer game
after receiving the applicant’s request that the Board do so. The
applicant must pay any additional fee on or after making the request.
6 Subsection 17(1)
After “classification of a computer game”, insert “(other
than an enforcement application—see section 22A)”.
7 At the end of section 22
Add:
(2) Subsection (1) does not prevent a film or computer game from being
classified if the application for the classification was an enforcement
application.
8 At the end of Division 2 of Part
2
Add:
(1) An application for classification of a publication, film or computer
game that is an enforcement application must be:
(a) in writing; and
(b) made in a form approved by the Director in writing; and
(c) signed by or on behalf of the applicant; and
(d) accompanied by a copy of the publication, film or computer
game.
(2) The applicant must pay the prescribed fee for the application.
However, the fee need not accompany the application.
9 Subsection 27(2)
Repeal the subsection, substitute:
(2) If the application is not an enforcement application, the Director
must give the copy to the applicant after the applicant pays the prescribed
fee.
(3) If the application is an enforcement application, the Director must
give the copy to the applicant after the applicant makes the application. The
applicant must pay the prescribed fee on or after making the
application.
10 Section 87
Repeal the section, substitute:
(1) A person may apply to the Director for a certificate about action
taken, or not taken, under this Act.
(2) If
the application is not an enforcement application, the Director must give the
certificate to the applicant after the applicant pays the prescribed
fee.
(3) If the application is an enforcement application, the Director must
give the certificate to the applicant after the applicant makes the application.
The applicant must pay the prescribed fee on or after making the
application.
11
Section 94 (paragraph (c) of the definition of
censor)
Omit “or” (last occurring).
Part
2—Amendments that commence
when the Classification (Publications, Films and Computer Games) Charges Act
1998 commences
12 Section 5 (paragraphs (a) and (c) of the
definition of decision)
After “game”, insert “(including a decision of the Board
under section 39)”.
13 Section 5 (definition of
decision)
Omit “and includes a decision of the Board under section
39”.
14 Section 5
Insert:
prescribed charge means the charge prescribed by the
Classification (Publications, Films and Computer Games) Charges Act
1998.
15 Section 5
Insert:
prescribed fee means the fee prescribed by regulations made
under this Act.
16 Subparagraph 13(d)(i)
Repeal the subparagraph, substitute:
(i) the prescribed charge; and
17 At the end of section 13
Add:
Note: For an applicant that is the Commonwealth, or a
Commonwealth authority or agency: see section 91A.
18 Subparagraph 14(1)(d)(i)
Repeal the subparagraph, substitute:
(i) the prescribed charge; and
19 At the end of subsection
14(1)
Add:
Note: For an applicant that is the Commonwealth, or a
Commonwealth authority or agency: see section 91A.
20 Subsection 15(3)
Omit “fee”, substitute “charge”.
21 At the end of subsections 15(3) and
(4)
Add:
Note: For an applicant that is the Commonwealth, or a
Commonwealth authority or agency: see section 91A.
22 Subsection 16(1)
Omit all the words after “fee”, substitute:
or the prescribed charge for the film is to be calculated as if:
(a) each complete period of 90 minutes of the film’s running time
were a separate film; and
(b) any remaining period in the film’s running time were a separate
film.
Note: The heading to section 16 is altered by inserting
“or charges” after
“fees”.
23 Subsection 16(2)
After “fee”, insert “or charge”.
24 Paragraph 17(1)(d)
Repeal the paragraph, substitute:
(d) accompanied by the prescribed charge; and
25 At the end of subsection
17(1)
Add:
Note: For an applicant that is the Commonwealth, or a
Commonwealth authority or agency: see section 91A.
26 At the end of subsection
22A(2)
Add:
Note: For an applicant that is the Commonwealth or a
Commonwealth authority: see section 91A.
27 Subsection 27(2)
Omit “fee”, substitute “charge”.
28 At the end of subsections 27(2) and
(3)
Add:
Note: For an applicant that is the Commonwealth, or a
Commonwealth authority or agency: see section 91A.
29 Paragraphs 29(2)(d), 32(2)(d) and 43(1)(d)
and subsection 87(2)
Omit “fee”, substitute “charge”.
30 At the end of subsections 87(2) and
(3)
Add:
Note: For an applicant that is the Commonwealth, or a
Commonwealth authority or agency: see section 91A.
31 After section 87
Insert:
(1) The Board must make a decision on:
(a) an application for the classification of a publication, film or
computer game (other than an enforcement application); or
(b) an application for approval of an advertisement;
within 20 business days, or such shorter period as is prescribed by the
regulations for the application. The time from which the period runs is to be
worked out in the way prescribed by the regulations.
(2) If the Board does not make the decision within the period, the
Director must state the reason for the Board not doing so in the annual report
given to the Minister under section 67.
32 Subsection 91(1)
Repeal the subsection, substitute:
(1) The Director may, on application in writing by a person, waive all or
part of the payment of fees or charges payable, or notionally payable, under
this Act if:
(a) in the Director’s opinion it is in the public interest to do so
for public health or educational reasons; or
(b) the body that would be liable, or notionally liable, for the fee or
charge is:
(i) the Commonwealth, a State or a Territory (or an authority of one of
those bodies); or
(ii) a non-profit organisation; or
(c) the payment is for special interest material having a limited
distribution that is:
(i) wholly or mainly a documentary record of an event; or
(ii) of a cultural or like nature;
and, in the Director’s opinion, it is in the public interest to do
so.
(1A) The Director may only waive the payment under subsection (1) in
accordance with the written principles determined by the Director and agreed to
by the Minister. The Minister may only agree to the principles if the Minister
has consulted the participating Ministers about them.
Note: The heading to section 91 is altered by inserting
“or charges” after
“fees”.
Insert:
(1) The Commonwealth is not liable to pay a fee or charge that is payable
under this Act. However, it is the Parliament’s intention that the
Commonwealth should be notionally liable to pay such a fee or charge.
(2) The Minister for Finance and Administration may give such written
directions as are necessary or convenient for carrying out or giving effect to
subsection (1) and, in particular, may give directions in relation to the
transfer of money within an account, or between accounts, operated by the
Commonwealth.
(3) Directions under subsection (2) have effect, and must be complied
with, despite any other Commonwealth law.
(4) In subsections (1) and (2), Commonwealth
includes:
(a) an Agency (within the meaning of the Financial Management and
Accountability Act 1997); and
(b) a Commonwealth authority (within the meaning of the Commonwealth
Authorities and Companies Act 1997);
that cannot be made liable to taxation by a Commonwealth law.
Note: For persons that can be made liable to pay tax, but
are exempt from the liability because of another Commonwealth law: see section
91B.
(1) This section cancels the effect of a provision of another Act that
would have the effect of exempting a person from liability to pay a fee or
charge payable under this Act.
(2) The cancellation does not apply if the provision of the other
Act:
(a) commences after this section commences; and
(b) refers specifically to a fee or charge payable under this
Act.
A fee payable under this Act is recoverable as a debt due to the
Commonwealth.