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.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Classification
(Publications, Films and Computer Games) Amendment Bill (No. 2)
1999
No. ,
1999
(Attorney-General)
A
Bill for an Act to amend the Classification (Publications, Films and Computer
Games) Act 1995, and for related purposes
ISBN: 0642 426473
Contents
Broadcasting Services Act
1992 24
A Bill for an Act to amend the Classification
(Publications, Films and Computer Games) Act 1995, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Classification (Publications, Films and
Computer Games) Amendment Act (No. 2) 1999.
(1) Subject
to subsection (2), this Act commences on a day to be fixed by
Proclamation.
(2) If this Act does not commence within the period of 12 months beginning
on the day on which it receives the Royal Assent, it commences on the first day
after the end of that period.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Section 5
Insert:
add-on means a computer program, data associated with a
computer program or a computer program and any associated data referred to in
subsection 5A(2).
2 Section 5 (at the end of the definition of
advertisement)
Add:
; but does not include:
(d) advertising for an exempt film or exempt computer game; or
(e) advertising, in an imported publication, for a publication, film or
computer game that has not been published in Australia; or
(f) advertising, in an imported film or computer game that is in a form
that cannot be modified, for a film or computer game that has not been published
in Australia (the advertised film or game), whether or not the
advertised film or game is later published in Australia.
3 Section 5 (definition of computer
game)
Repeal the definition.
4 Section 5 (definition of contentious
material)
Repeal the definition, substitute:
contentious material, in relation to a film or computer game,
means material that would be likely to cause it to be classified:
(a) for a film—M or a higher classification; or
(b) for a computer game—M (15+) or a higher
classification.
5 Section 5 (definition of
decision)
Repeal the definition, substitute:
decision means a decision of the Board:
(a) to classify or refuse to classify a publication, film or computer game
(including a decision of the Board under section 39, 41A or 97A); or
(b) to determine the consumer advice to apply to a publication, film or
computer game; or
(c) to approve or refuse to approve an advertisement for a publication,
film or computer game (including a decision of the Board under section 39) or to
impose conditions on such an approval; or
(d) to grant a certificate of exemption for a film; or
(e) to decline to deal with or to deal further with an application under
this Act; or
(f) to make or refuse to make a declaration under subsection 13(3);
or
(g) to revoke such a declaration; or
(h) to impose a condition under section 13A; or
(i) to revoke the classification of a film or computer game under section
21A; or
(j) to revoke the classification of, or consumer advice for, a
publication, film or computer game under section 22B; or
(k) to grant or refuse to grant a certificate under Division 6 of Part 2;
or
(l) to revoke such a certificate.
6 Section 5
Insert:
exempt computer game has the meaning given by section 5B, and
includes a game for which a certificate is in force under Division 6 of Part
2.
7 Section 5
Insert:
exempt film has the meaning given by section 5B, and includes
a film for which a certificate is in force under Division 6 of Part 2.
8 Section 5 (definition of
film)
After “can be produced”, insert “(together with its sound
track)”.
9 Section 5 (paragraph (c) of the definition of
film)
Repeal the paragraph.
10 Section 5
Insert:
interactive film means a film to which subsection 14(4)
applies.
11 Section 5 (definition of submittable
publication)
Repeal the definition, substitute:
submittable publication means an unclassified publication
that, having regard to the Code and the classification guidelines to the extent
that they relate to publications, contains depictions or descriptions
that:
(a) are likely to cause the publication to be classified RC; or
(b) are likely to cause offence to a reasonable adult to the extent that
the publication should not be sold or displayed as an unrestricted publication;
or
(c) are unsuitable for a minor to see or read.
12 Section 5 (definition of
work)
Repeal the definition, substitute:
work means:
(a) a cinematic composition that:
(i) appears to be self-contained; and
(ii) is produced for viewing as a discrete entity; or
(b) a computer game that is produced for playing as a discrete
entity;
but does not include an advertisement.
13 After section 5
Insert:
(1) A computer game is a computer program and any associated
data capable of generating a display on a computer monitor, television screen,
liquid crystal display or similar medium that allows the playing of an
interactive game.
(2) A computer program, data associated with a computer program or a
computer program and any associated data that:
(a) is capable of generating new elements or additional levels into a game
(the original game) that is a computer game under subsection (1);
and
(b) is contained in a device separate from that containing the original
game;
is also a computer game.
(3) However, a computer game does not include an
advertisement for a publication, film or computer game.
(1) Subject to subsection (3), a film specified in this table is an
exempt film. Applications for classification of exempt films are
not necessary.
|
Exempt films |
||
|---|---|---|
|
Item |
Type |
Description |
|
1 |
Business |
A film of a promotional, technical or similar nature for use in the course
of a business or trade |
|
2 |
Accounting |
A film for use in the keeping or verification of accounts |
|
3 |
Professional |
A film of a promotional, technical or similar nature for use in the course
of a profession |
|
4 |
Scientific |
A film for use pursuant to a branch of knowledge conducted on objective
principles involving the systemised observation of, and experiment with,
phenomena |
|
5 |
Educational |
A film whose main purpose is for training, instruction or reference, as a
manual, a lesson, an encyclopaedia or a guide |
|
6 |
Current affairs |
A film wholly comprising news reports or information about, or analysis of,
current issues or events of public interest or importance |
|
7 |
Hobbyist |
A film wholly comprising a documentary record of a hobby or
activity |
|
8 |
Sporting |
A film wholly comprising a documentary record of a sporting event |
|
9 |
Family |
A film wholly comprising a documentary record of a family event or
activity |
|
10 |
Live performance |
A film wholly comprising a documentary record of a live artistic
performance or that is used within such a performance |
|
11 |
Musical presentation |
A film wholly comprising a musical presentation |
|
12 |
Religious |
A film wholly comprising a documentary record of a religious event or
activity |
(2) Subject to subsection (3), a computer game is an exempt computer
game if it forms part of or is included in computer software specified
in this table. Applications for classification of exempt computer games are not
necessary.
|
Exempt computer games |
||
|---|---|---|
|
Item |
Type |
Description |
|
1 |
Business |
Software for use in the course of a business or trade |
|
2 |
Accounting |
Software for use in the keeping or verification of accounts |
|
3 |
Professional |
Software for use in the course of a profession |
|
4 |
Scientific |
Software for use pursuant to a branch of knowledge conducted on objective
principles involving the systemised observation of, and experiment with,
phenomena |
|
5 |
Educational |
Software whose main purpose is for training, instruction or reference, as a
manual, a lesson, an encyclopaedia or a guide |
Exceptions
(3) However, a film or computer game is not an exempt film
or an exempt computer game if it contains:
(a) an advertisement that has been refused approval; or
(b) an advertisement for an unclassified film or computer game;
or
(c) an advertisement for a film that has been classified M or a higher
classification or an advertisement for a computer game that has been classified
M (15+) or a higher classification; or
(d) for a film—material that would be likely to cause it to be
classified M or a higher classification; or
(e) for a computer game—material that would be likely to cause it to
be classified M (15+) or a higher classification.
14 Subsection 7(2)
Omit “X (Restricted)”, substitute “NVE
(Non-violent Erotica)”.
15 At the end of section 8
Add:
(2) A determination may specify additional material for markings for an
add-on.
(3) A determination may specify additional material for markings for a
publication that has been classified subject to a condition under section
13A.
(4) A determination may specify:
(a) markings for a film or computer game for which a certificate is in
force under Division 6 of Part 2; and
(b) the manner in which the markings are to be displayed.
16 Subsection 10(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not require an application for:
(a) a reclassification of a publication, film or computer game under
section 39 or a reclassification of a publication or film under section 97A;
or
(b) a reclassification of a film classified X that the Board makes under
section 41A at the request of the Minister or on its own initiative.
17 At the end of section 13
Add:
(2) If an application is made for classification of a publication that is
an issue of a periodical (the original issue), the applicant may
request that the classification granted for the original issue apply also to all
or some future issues.
(3) The Board may, if the applicant pays the prescribed fee (if any),
declare that the classification granted for the original issue applies also
to:
(a) all future issues; or
(b) a specified number of future issues; or
(c) all future issues published within a specified period.
(4) In deciding whether to make a declaration under subsection (3), the
Board must have regard to 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.
(5) If the Board makes a declaration under subsection (3) for some or all
future issues of a publication and the Board is of the opinion that an issue of
the publication covered by the declaration:
(a) contains material that, if the issue were being classified separately,
would cause it to be classified with a higher classification than the original
issue; or
(b) contains an advertisement that has been refused approval;
the Board must revoke the declaration so far as it affects that issue and
any future issues. The Board must also revoke approval of any approved
advertisement for those issues of the publication.
18 After section 13
Insert:
(1) The Board may, if it classifies a publication Unrestricted, impose a
condition that it not be sold, displayed for sale or delivered unless it is
contained in a sealed package.
(2) The Board may, if it classifies a publication Category 1 restricted,
impose a condition that it not be sold, displayed for sale or delivered unless
it is contained in a sealed package made of plain, opaque material.
19 Before subparagraph
14(1)(d)(i)
Insert:
(ia) a copy of the film; and
20 Subparagraph 15(1)(b)(i)
Omit “section 5”, substitute “section
5A”.
21 After subsection 15(1)
Insert:
(1A) If:
(a) an application is made for the classification of material as a
computer game; and
(b) the Board is of the opinion that the material is more appropriately
dealt with as a film having regard to:
(i) the definition of film in section 5; and
(ii) whether, or the extent to which, the material is or involves an
interactive game;
the Board must decline to deal with the application.
22 Paragraph 15(2)(b)
After “computer game”, insert “or of a film, as the case
requires”.
23 Subsection 15(3)
After “computer game”, insert “or of a film, as the case
requires,”.
24 Subsection 15(4)
After “computer game”, insert “or of a film, as the case
requires,”.
25 Section 16
Repeal the section, substitute:
(1) If:
(a) an application is made for classification of a film or computer game;
and
(b) the film or game is contained on more than one device and each device
contains a separate work;
the Board may decline to deal with the application.
(2) If the Board declines to deal with the application under this section,
the Director must, within 14 days after the decision is made:
(a) notify the applicant in writing of the decision and of the reasons for
the decision; and
(b) invite the applicant to submit an application for classification of
each work as a separate film or computer game.
26 After paragraph 17(1)(c)
Insert:
(ca) accompanied by a copy of the game unless the game is an amusement or
circuit board game that, in the opinion of the Board, is physically
impracticable to submit to the Board’s premises for classification;
and
(cb) if the application is for classification of a computer game that is
an add-on—accompanied by a copy of the computer game into which the add-on
is capable of generating new elements or additional levels; and
27 Subsection 17(2)
Repeal the subsection, substitute:
(2) If any part of a computer game is likely to be regarded as containing
contentious material, the application must also be accompanied by:
(a) particulars of that material and of the means by which access to it
may be gained; or
(b) a separate recording of that material.
(2A) If the application is for a computer game that is an add-on, the
Board must classify the add-on with the computer game into which the add-on is
capable of generating new elements or additional levels.
28 Subsection 18(1)
Repeal the subsection, substitute:
(1) The Board must assume, in classifying a publication, film or computer
game, that the publication, film or game will be published only in the form in
which it is considered for classification.
Note: The heading to section 18 is altered by inserting
“publication,” before
“film”.
29 Subsection 18(2)
Repeal the subsection.
30 Paragraph 19(1)(a)
Repeal the paragraph, substitute:
(a) the applicant:
(i) provides a copy of the film or game for screening or demonstration
before the Board; or
(ii) for an amusement or circuit board game referred to in paragraph
17(1)(ca) or subsection 22A(3)—allows the Board access to the game;
and
31 After subsection 19(1)
Insert:
(1A) The Board may decline to deal with an application for classification
of an interactive film, or decline to deal further with the application, unless
the applicant demonstrates the film before the Board.
32 Subsection 19(3)
Omit “subsection (1) or (2)”, substitute “subsection (1),
(1A) or (2)”.
33 Paragraph 20(1)(a)
Omit “X”, substitute “NVE”.
34 Paragraph 20(1)(b)
Omit “G,”.
35 Subsection 20(2)
Repeal the subsection, substitute:
(2) If the Board:
(a) classifies a publication Unrestricted; or
(b) classifies a film or computer game G;
it may determine consumer advice giving information about the content of
the publication, film or game.
Note: The heading to section 20 is altered by inserting
“publications,” before
“films”.
36 Subsection 21(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a modification that consists
of:
(a) including or removing an advertisement, other than an advertisement to
which section 22 applies; or
(b) for an imported film or computer game that was in a form that cannot
be modified and has subsequently been converted to a form that can be
modified—removing, from the film or game, material that was advertising
referred to in paragraph (f) of the definition of advertisement in
section 5.
37 Section 21A
Repeal the section, substitute:
If the Board is of the opinion that:
(a) a classified interactive film or a classified computer game contains
contentious material (whether activated through use of a code or otherwise) that
was not brought to the Board’s attention in accordance with subsection
14(4) or 17(2) before the classification was made; and
(b) if the Board had been aware of the material before the classification
was made, it would have given the film or game a different
classification;
the Board must revoke the classification, and must also revoke approval of
any approved advertisement for the film or game.
38 Before subsection 22(1)
Insert:
(1A) A publication must not be classified if it contains an advertisement
that has been refused approval.
Note: The heading to section 22 is altered by inserting
“publications,” before
“films”.
39 Paragraph 22(1)(b)
Repeal the paragraph, substitute:
(b) an advertisement:
(i) for a film or computer game that has a higher classification;
or
(ii) that has been refused approval.
40 Subsection 22(2)
Omit “Subsection (1) does not prevent a film”, substitute
“Subsection (1A) or (1) does not prevent a publication,
film”.
41 At the end of section
22A
Add:
(3) An enforcement application for classification of a computer game does
not have to be accompanied by a copy of the game if the game is an amusement or
circuit board game that, in the opinion of the Board, is physically
impracticable to submit to the Board’s premises for
classification.
42 At the end of Division 2 of Part
2
Add:
(1) The Board may proceed to classify a publication, film or computer game
(the new item) if:
(a) an application is made for its classification; and
(b) the Board is of the opinion that the new item may be the same as or
similar to another publication, film or game that has already been classified
(the classified item); and
(c) the Board does not have a copy of the classified item and a copy is
not available to it; and
(d) the Board is not able to ascertain from its records whether the items
are identical.
(2) A classification by the Board of the new item is valid even though the
Board may discover, after the classification of the new item, that it is the
same as the classified item.
(3) If:
(a) the Board obtains a copy of the classified item; and
(b) the Board decides that it is the same as the new item but:
(i) the classifications for the classified item and the new item are
different; or
(ii) the consumer advice for the classified item and the new item are
different;
the Board must revoke the classification or consumer advice for the
classified item.
43 After Division 3 of Part
2
Insert:
(1) If:
(a) the Director has reasonable grounds to believe that an unclassified
film is not an exempt film; and
(b) the film is being published in the Australian Capital Territory, or
the Director has reasonable grounds to believe that it will be published in the
Australian Capital Territory;
the Director may, by notice in writing given to the publisher of the film,
require the publisher to submit an application for classification of the
film.
(2) The Director must cause notice of a decision under subsection (1) to
be published in the Gazette.
(3) A person to whom a notice under this section is given must, within 3
business days after receiving the notice, comply with the notice.
Penalty: 20 penalty units.
(4) An offence against subsection (3) is a strict liability
offence.
(5) It is a defence to a prosecution for an offence against subsection (3)
if the defendant proves that he or she did not intend to:
(a) publish the film in the Australian Capital Territory; or
(b) cause, authorise, permit or licence the film to be published in the
Australian Capital Territory.
44 After subsection 24(1)
Insert:
(1A) If:
(a) the Director has reasonable grounds to believe that an unclassified
computer game is not an exempt computer game; and
(b) the game is being published in the Australian Capital Territory, or
the Director has reasonable grounds to believe that it will be published in the
Australian Capital Territory;
the Director may, by notice in writing given to the publisher of the game,
require the publisher to submit an application for classification of the
game.
45 Subsection 24(2)
After “subsection (1)”, insert “or (1A)”.
46 After Division 5 of Part
2
Insert:
(1) A person may apply in writing to the Board for a certificate
that:
(a) an unclassified film is an exempt film; or
(b) an unclassified computer game is an exempt computer game.
(2) An application must be:
(a) made in a form approved by the Director in writing; and
(b) signed by or on behalf of the applicant; and
(c) accompanied by:
(i) the prescribed fee for the relevant category of film or computer game;
and
(ii) a copy of the film or game; and
(iii) if the application is for a computer game that is an
add-on—accompanied by a copy of the game into which the add-on is capable
of generating new elements or additional levels; and
(iv) a statement setting out (briefly) the grounds on which the
certificate is sought; and
(v) for a film—particulars of any material that could cause it to be
classified M or a higher classification and, if it is an interactive film, the
means by which access to that material may be gained; and
(vi) for a game—particulars of any material that could cause the
game to be classified M (15+) or a higher classification and of the means by
which access to it may be gained.
(3) The Board may decline to deal with an application for a certificate,
or decline to deal further with the application, unless, in the opinion of the
Board, the copy of the film or computer game provided is complete and is
adequate to allow a proper consideration of the application.
(4) The Board may decline to deal with an application for a certificate
for an interactive film or a computer game, or decline to deal further with the
application, unless the applicant demonstrates the film or game before the
Board.
The Board may grant a certificate stating that:
(a) the film is an exempt film; or
(b) the computer game is an exempt computer game.
If the Board grants a certificate under this Division for a film or a
computer game and the Board decides that it contains material that was not
brought to the Board’s attention before the certificate was granted and
that would cause the film or game to be classified:
(a) for a film—M or a higher classification; or
(b) for a game—M (15+) or a higher classification;
the Board must revoke the certificate.
47 Subsection 33(2)
Omit “X”, substitute “NVE”.
48 At the end of subsection
38(2)
Add “or whose classification is revoked under section
21A”.
49 At the end of section 39
Add:
(5) If the publisher of the publication, film or computer game resides in
the Australian Capital Territory or has an office in the Australian Capital
Territory, the Director may, by notice in writing given to the publisher,
require the publisher to submit a copy of the publication, film or computer game
for the purpose of reclassifying it.
(6) A person to whom a notice under this section is given must, within 5
business days after receiving the notice, comply with the notice.
Penalty: 20 penalty units.
(7) An offence against subsection (6) is a strict liability
offence.
(8) It is a defence to a prosecution for an offence against subsection (6)
if the defendant proves that he or she did not have a copy of the publication,
film or computer game.
50 After section 41
Insert:
(1) Sections 38, 39, 40 and 41 do not apply to a film classified X (a
classification that could be applied to films before the commencement of this
section).
(2) The Board may, at any time, reclassify a film classified X.
(3) The Board may act under subsection (2):
(a) at the request of the Minister or on its own initiative; or
(b) on an application by a person under section 14.
(4) If the Minister requests the Board to act under subsection (2), the
Board must do so.
(5) If a participating Minister asks the Minister, in writing, to make a
request under this section, the Minister must do so.
(1) If the Board proposes to reclassify a film under subsection
41A(2):
(a) at the request of the Minister or on its own initiative; or
(b) on an application by a person who is not the person (the former
applicant) on whose application the former classification was
made;
the Director must, if practicable, give notice of that intention to the
former applicant at least 30 days before the Board proposes to consider the
matter.
(2) The notice must:
(a) specify the day on which the Board proposes to consider the matter;
and
(b) invite submissions about the matter.
(3) The matters that the Board is to take into account in reclassifying a
film classified X include issues raised in those submissions.
51 At the end of section 42
Add:
(3) Without limiting paragraph (1)(d), if the decision referred to in that
paragraph is a restricted decision, the following persons or bodies are taken to
be persons aggrieved by the decision:
(a) a person who has engaged in a series of activities relating to, or
research into, the contentious aspects of the theme or subject matter of the
publication, film or computer game concerned;
(b) an organisation or association, whether incorporated or not, whose
objects or purposes include, and whose activities relate to, the contentious
aspects of that theme or subject matter.
(4) However, a person or body is not aggrieved by a restricted decision
because of subsection (3) if the decision was made before:
(a) the person engaged in a series of activities relating to, or research
into, the contentious aspects of the theme or subject matter of the publication,
film or computer game concerned; or
(b) the organisation or association was formed, or its objects or purposes
included and its activities related to, the contentious aspects of that theme or
subject matter.
(5) In this section:
restricted decision means a decision of the Board:
(a) to classify a publication Category 1 restricted, Category 2 restricted
or RC; or
(b) to classify a film MA, R, NVE or RC; or
(c) to classify a computer game MA (15+) or RC.
52 After section 42
Insert:
The Review Board may refuse to deal with an application for review made
by a person referred to in paragraph 42(1)(d), or to deal further with it, if
the Review Board is satisfied that the application is frivolous or vexatious or
not made in good faith.
53 At the end of Part 5
Add:
(1) If:
(a) an application is made for a review of a classification decision by a
person who is not the original applicant for classification of the publication,
film or computer game concerned; and
(b) the Board or the Review Board does not have a copy of the publication,
film or game and a copy is not available to it; and
(c) the original applicant or the publisher of the publication, film or
game, resides in the Australian Capital Territory or has an office in the
Australian Capital Territory;
the Director may, by notice in writing given to the original applicant or
publisher, require the original applicant or publisher to make a copy of the
publication, film or game available for the purpose of the review.
(2) A person to whom a notice under this section is given must, within 5
business days after receiving the notice, comply with the notice.
Penalty: 20 penalty units.
(3) An offence against subsection (2) is a strict liability
offence.
(4) It is a defence to a prosecution for an offence against subsection (2)
if the defendant proves that he or she did not have a copy of the publication,
film or game.
54 Section 86
Omit “16 or”.
55 After subparagraph
91(1)(c)(ii)
Insert:
or (iii) a short film from a new or emerging film maker;
56 After section 97
Insert:
(1) The Board may, on its own initiative, reclassify a publication or film
where the publication or film was classified, in response to an enforcement
application, by the former Board or a censor under the law of one State or
Territory only.
(2) The Board may also, on its own initiative, reclassify a publication or
film where the publication or film was classified, in response to an enforcement
application, by the former Board or a censor and was given different
classifications in different States or Territories.
The amendments made by this Schedule (except the amendments made by items
14, 16, 33, 42, 47, 49, 50, 51, 52, 53 and 56) do not apply to:
(a) a publication, film or computer game first published before the
commencement of this Act; or
(b) a publication, film or computer game for which an application for
classification had been made before that commencement.
58 Films classified X before
commencement
A film that was classified X before the commencement of this Act retains
that classification unless it is reclassified under section 41A of the
Classification (Publications, Films and Computer Games) Act 1995 as
amended by this Act.
59 Decisions after
commencement
(1) If an application for classification of a film was pending at the
commencement of this Act, the Board must deal with the application using one of
the types of classification for films specified in subsection 7(2) of the
Classification (Publications, Films and Computer Games) Act 1995 as
amended by this Act.
(2) The Review Board must deal with an application (including an
application pending at the commencement of this Act) for review of a decision of
the Board on the classification or reclassification of a film using one of the
types of classification for films specified in subsection 7(2) of the
Classification (Publications, Films and Computer Games) Act 1995 as
amended by this Act.
Broadcasting
Services Act 1992
1 Clause 1 of Schedule 2
Insert:
Classification Board means the Classification Board
established by the Classification (Publications, Films and Computer Games)
Act 1995.
2 Paragraph 7(1)(g) of Part 3 of Schedule
2
Repeal the paragraph, substitute:
(g) the licensee will not broadcast a program that has been classified RC,
X or NVE by the Classification Board;
3 Paragraph 9(1)(g) of Part 5 of Schedule
2
Repeal the paragraph, substitute:
(g) the licensee will not broadcast a program that has been classified RC,
X or NVE by the Classification Board;
4 Paragraph 10(1)(f) of Part 6 of Schedule
2
Repeal the paragraph, substitute:
(f) the licensee will not broadcast a program that has been classified RC,
X or NVE by the Classification Board;
5 Paragraph 10(1)(g) of Part 6 of Schedule
2
Omit “Office of Film and Literature Classification”, substitute
“Classification Board”.
6 Paragraph 11(3)(a) of Part 7 of Schedule
2
Repeal the paragraph, substitute:
(a) the licensee will not broadcast a program that has been classified RC,
X or NVE by the Classification Board;
7 Subclause 11(4) of Part 7 of Schedule
2
Repeal the subclause, substitute:
(4) The provision by a person of a subscription television narrowcasting
service under a class licence is also subject to the condition that the licensee
will not broadcast a program that has been classified RC, X or NVE by the
Classification Board.
8 Clause 2 of Schedule 5
Omit “or X” (wherever occurring), substitute “, X or
NVE”.
9 Clause 6 of Schedule 5
Repeal the clause.
10 Paragraph 10(1)(a) of Schedule
5
Omit “or X”, substitute “, X or NVE”.
11 Subclause 10(2) of Schedule
5
Omit “or X”, substitute “, X or NVE”.
12 At the end of clause 16 of Schedule
5
Add:
(2) Without limiting paragraph (1)(e), if the classification referred to
in that paragraph is a restricted classification, the following persons or
bodies are taken to be persons aggrieved by the classification:
(a) a person who has engaged in a series of activities relating to, or
research into, the contentious aspects of the theme or subject matter of the
Internet content concerned;
(b) an organisation or association, whether incorporated or not, whose
objects or purposes include, and whose activities relate to, the contentious
aspects of that theme or subject matter.
(3) However, a person or body is not aggrieved by a restricted
classification because of subclause (2) if the classification was made
before:
(a) the person engaged in a series of activities relating to, or research
into, the contentious aspects of the theme or subject matter of the Internet
content concerned; or
(b) the organisation or association was formed, or its objects or purposes
included and its activities related to, the contentious aspects of that theme or
subject matter.
(4) In this clause:
restricted classification means:
(a) for Internet content that does not consist of a computer
game—the classification MA, R, NVE or RC; or
(b) for Internet content that consists of a computer game—the
classification MA (15+) or RC.
13 Subclause 21(2) of Schedule
5
After “22,”, insert “23A, 24,”.
14 Subclause 21(2) of Schedule
5
Omit “and 28”, substitute “, 28 and 44A, and Division 6
of Part 2,”.
15 Paragraph 30(2)(a) of Schedule
5
Omit “X”, substitute “NVE”.