CLASSIFICATION OF PUBLICATIONS FILMS AND COMPUTER GAMES AMENDMENT BILL 2005 Second Reading Speech

Northern Territory Second Reading Speeches

CLASSIFICATION OF PUBLICATIONS FILMS AND COMPUTER GAMES AMENDMENT BILL 2005

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Bill presented and read a first time.

Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to amend the Classification of Publications, Films and Computer Games Act to implement the informed classification categories for films and computer games consistent with recent amendments made by the Commonwealth to its Classification (Publications, Films and Computer Games) Act 1995; to make provision for matters of a savings and transitional nature; to update penalties for breaches of the act; and to provide for infringement notices to be issued for minor breaches of the act.

Since 1996, Australia has had the benefit of a national scheme for the classification of films, publications and computer games. The national scheme is achieved by a combination of Commonwealth legislation and complementary state and territory legislation. The Commonwealth act provides for the establishment of censorship authorities and deals with classification processes. It is under the Commonwealth act that films are classified with ratings such as G, PG, R, etcetera. These classifications are made under the Commonwealth act in accordance with the guidelines and the national classification code which is set out in a schedule to the Commonwealth act. The guidelines and the national classification code can only be amended by the Commonwealth with the approval of all states and territories. Enforcement of the national scheme is the responsibility of each state and territory. State and territory legislation, including the Northern Territory’s classification act, regulate the circumstances in which films, publications and computer games can be sold, displayed and exhibited and, generally, deal with the operational aspects of classification decisions. In line with other jurisdictions, the Territory act adopts classification decisions made under the Commonwealth act.

In 2004, state, territory and Commonwealth censorship ministers agreed to amend the classification descriptors or ratings in the Commonwealth Classifications (Publications, Films and Computer Games) Act 1995, and to make consequential amendments to state and territory classification enforcement legislation. The Commonwealth has passed the necessary amendments to its legislation, and it is intended that complementary state and territory amending legislation be introduced in time for a national commencement date of 26 May 2005.

The practical effect of the changes is to implement, for the first time, uniform classification categories for both films and computer games. The classification for computer games of G8+, M15+, and MA15+, will be replaced by PG, M, and MA15+ respectively. Similarly, the film classifications of MA, R and X will be replaced by MA15+, R18+, and X18+ respectively. A comparison of the old and new classifications is probably most easily made by reference to the table set up in clause 69 of the bill.

These changes will achieve a number of objectives: there will be an enhanced community awareness of the computer games classifications through the use of well-known and understood classification types for films; there will be an enhanced distinction between the advisory and legally restricted classifications through the inclusion of age descriptors on the restricted classifications only; there will be less confusion regarding the difference between the current ‘M’ and ‘MA’ classifications, and renaming the computer games classifications to mirror the well-known film classifications will assist parents in choosing games for their children. It is important to note that the change to the classification descriptives does not affect the type of material which is permitted within each classification.

The bill also contains transitional and savings provisions to ensure that films and computer games which have previously been classified will be covered by the new regime, however vendors will not be penalised for selling old stock which has not yet been labelled.

The opportunity has also been taken to review and update penalties to reflect community expectations regarding punishment of offences under the act, and to convert penalties expressed in dollar terms to penalty units. The bill also amends the act to allow for infringement notices to be issued for relatively minor breaches of the act. Regulations made under the act will prescribe offences where an infringement notice may be appropriate, as well as prescribing the penalties applicable.

Madam Speaker I table the explanatory statement which accompanies this bill, and I commend the bill to honourable members.

Debate adjourned.

[Index] [Search] [Bill] [Help]