Bills Digest No. 115 2003-04
Classification (Publications, Films and Computer Games)
Amendment Bill 2004
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
Classification
(Publications, Films and Computer Games) Amendment Bill
2004
Date Introduced:
24 March 2004
House: House of Representatives
Portfolio: Attorney-General
Commencement:
Sections 1 3 commence on
the day on which the Act receives Royal Assent. Schedules 1 and 2
commence on a single day to be fixed by Proclamation or 366 days
after the Act receives Royal Assent, whichever occurs
first.
The Bill amends
the Classification (Publications, Films and Computer Games) Act
1995 (the Classification Act) and the Broadcasting
Services Act 1992 (the Broadcasting Act). The Bill is designed
to improve the operation of the classification scheme through a
number of procedural amendments . Such procedural amendments
include the introduction of common classification types for films
and computer games. Primarily, the Bill seeks to change the names
of classification types for computer games to those already used
for films. The changes do not affect the type of material that is
permitted within each classification .(1) Some of the
changes are simply cosmetic; for example, they remove unnecessary
punctuation from the current Act.
The Bill creates a more effective distinction
between advisory classification types (G, PG and M) and those to
which legally enforceable restrictions apply (MA 15+, R 18+ and X
18+). Reference to age is only used for restricted classification
types.(2)
The Classification Act and the Broadcasting
Act are the two main pieces of Commonwealth legislation governing
the law of classification.
The Classification Act provides for the
classification of publications, films and computer games for the
Australian Capital Territory and is intended to form part of a
Commonwealth/State/Territory scheme for the classification of
publications, films and computer games and for the enforcement of
those classifications (section 3). Definitions are
set out in section 5. Classifications are set out
in section 7. The states have passed legislation
in similar terms. The scheme commenced on 1 January 1996.
Annexed as a schedule to the Classification
Act is the National Classification Code. The
National Classification Code exists as a separate document apart
from the Classification Act. It contains descriptions about the
products which would fall within the classification types. For
example, the Code sets out the level of depiction of sex and
violence and other issues which would cause a film to be classified
as G, PG, M etc. The criteria for classification are also contained
in the Guidelines for the Classification of Films and Computer
Games, which came into operation on 30 March 2003. The
Guidelines were made under section 12 of the Classification Act and
are available electronically at:
http://www.oflc.gov.au/resource.html?resource=62&filename=62.pdf.
The Classification Act also establishes the
Classification Board and the Classification Review Board, setting
out the membership and powers of each entity. These boards classify
films, publications and computer games. The Office of Film and
Literature Classification administers the system of classifications
and provides other logistical support to the two boards.
Part 9 of the Broadcasting
Act deals with program standards for broadcasting, primarily for
commercial television.
Subsection 123(2) permits
radio and/or television industry groups to develop codes of
practice relating to broadcasting standards. Subsection
123(3) provides that in developing codes of practice, the
industry must take into account community attitudes to issues such
as violence, sex, offensive language, drugs (including alcohol and
tobacco) and depiction of gender and ethnicity.
Subsection 123(3A) also
provides that the industry must have regard to the film
classification system administered by the Office of Film and
Literature Classification. It sets out when industry groups holding
commercial television broadcasting licences may broadcast films
classified M and MA .
The Bill seems to give effect to the agreement
by Commonwealth, State and Territory Censorship Ministers to change
classification laws to better inform the community about strong
material in films and computer games . The Ministers also agreed to
the introduction of consistent classification categories for films
and computer games .(3)
There has been no press commentary on the
Bill.
There is no reference on the websites of the
ALP or the Australian Democrats to the issue of classification or
the Bill itself. According to its policy on information technology,
the Greens support the imposition of a rating and censorship system
(similar to film) for computer games and related leisure services
.(4) As the Bill is designed to give effect to an
agreement reached by Commonwealth, State and Territory Censorship
Ministers (of various political persuasion), it may be reasonable
to assume that no party will regard the Bill as being particularly
contentious.
Clauses 1 and 2 contain the
short title and commencement details for the proposed Act.
Schedule 1 contains proposed
amendments to the Classification Act.
Item 1 of Schedule 1 amends
the definition of Code in section 5 to provide a more precise
definition of the term.
Item 2 amends paragraph (b)
of the definition of contentious material in section 5 to give
effect to the proposed change of name for the classification of
computer games from M (15+) to M . (As films and computer games are
to be classified using the same name, it would have been possible
to simplify the form of the definition further). Likewise,
item 4 repeals paragraphs 5B(3)(c) to (e) and
replaces them with proposed paragraphs 5B(3)(c) and
(d) to give effect to the change of name for the
classification of computer games.
Item 3 seeks to make a
cosmetic change to the form (but not the content) of the definition
of film .
Item 5 amends subsection 7(1)
to remove the brackets from around the words Refused Classification
.
Item 6 amends subsections
7(2) and (3). In subsection 7(2), it removes the brackets from
around the descriptions of the various classification types (e.g.
General ) and renames the types MA , R and X as MA 15+ , R 18+ and
X 18+ respectively. It also amends subsection 7(3) by renaming the
classification types for computer games as follows:
|
Current name of classification type
|
Proposed name of classification type
|
|
G (General)
|
G General
|
|
G (8+) (General)
|
PG Parental Guidance
|
|
M (15+) (Mature)
|
M Mature
|
|
MA (15+) (Mature Restricted)
|
MA 15+ Mature Accompanied
|
Further, item 6 adds
RC Refused Classification to the classification
types for computer games. It also, by proposed subsection
7(4), explains that text that is not in bold is included
by way of explanation and does not form part of the classification
.
Items 7 14 replaces
references to the current names of classification types with the
proposed, revised names. In part, some of the drafting could have
been tighter (for example, item 10 could have
repealed subparagraphs 28A(2)(c)(v) and (vi) and replaced them with
one provision).
Item 15 repeals the Schedule
to the Classification Act. Currently the Schedule contains the
National Classification Code. As mentioned earlier, the National
Classification Code exists as a separate document apart from the
Classification Act. According to the Explanatory Memorandum to the
Bill, repealing the Schedule will avoid confusion that may occur
through reference being made to the out-of-date version of the Code
that was contained in the Schedule .(5) Consequential
amendments will be made to the National Classification Code and
will be tabled in both houses of parliament.(6)
Item 16 provides that the
amendments apply to the doing of things at or after the
commencement of Schedule 1.
Item 17 converts the
classification types currently existing for films into the
proposed, renamed classification types. For example, following the
passage of the Bill, a film which is currently classified as MA
will be taken to have (and to have always had) the renamed
classification type MA 15+ . Likewise, item 18
converts the classification types currently existing for computer
games into the proposed, renamed classification types. For example,
a computer game which is currently classified as G 8+ will be taken
to have (and to have always had) the classification type PG .
Item 19 provides that the
amendments do not affect the validity of any application made under
the current provisions of the Classification Act.
Item 20 provides that
following the commencement of Schedule 1, the Director of the
Classification Board may determine (under section 8 of the
Classification Act) markings for types of classifications which
exist under the current Classification Act and the manner in which
the markings are to be displayed. The marking for a renamed
classification and the manner in which it is to be displayed can be
the same as for a current classification. As noted in the
Explanatory Memorandum to the Bill, the determination may relate to
the size, location and duration of symbols, classification
descriptors and consumer advice on classified products and related
advertising .(7)
Item 21 provides that if the
Director is required to give a copy of a classification certificate
under section 27 (applications for information) or a notice under
section 26 (notice of decision), the Director must give a copy of
the document, notwithstanding that it refers to a classification
type which may cease to exist. Likewise, if the Director is
required to give a certificate under section 87 (evidentiary
certificates) about action taken or not taken under the
Classification Act, and the certificate must refer to a
classification type, the Director must refer in the certificate to
the classification type despite the type no longer being set out in
section 7 of the Classification Act.
Schedule 2 contains proposed
amendments to the Broadcasting Act.
Items 1 29 of Schedule 2 make
changes to the Broadcasting Act to give effect to the renaming of
classification types in the Classification Act.
Item 30 provides that the
amendments made by Schedule 2 apply to the doing of things at or
after the commencement of Schedule 2.
Item 31 provides that if a
film, program, Internet content (not a computer game) or
datacasting content (not an interactive computer game) has been
classified as MA , R or X prior to the commencement of Schedule 2,
then the product is taken to have, and to have always had, the
classification type MA 15+ , R 18+ or X 18+ (as appropriate). The
revision gives effect to the renamed classification types contained
in Schedule 1 to the Bill.
Item 32 provides that if
Internet content consisting of a computer game or datacasting
content consisting of an interactive computer game has been
classified as G (8+) , M (15+) or MA (15+) prior to the
commencement of Schedule 2, then the product is taken to have, and
to have always had, the classification type PG , M or MA 15+ (as
appropriate).
It will be useful to the public for
films and computer games to be classified by common descriptors. It
will make identification and comparison of products easier. The
Office of Film and Literature Classification is to carry out a
national, public awareness campaign to draw attention to the
revised classification types.(8) Notably, the
Bill does not deal with publications, but they
are not classified as rigidly as films and computer
games.
The Bill does
not affect the Commercial Television Industry Code of
Practice. The code of practice deals with issues set out
in section 123 of the Broadcasting Act, including
classification. Commercial Television Australia (CTVA) is currently
conducting a review of the code of practice, including the times
when material of certain classifications can be
screened.(9) It is reasonable to assume that the
revision will now, among other things, adopt the renamed
classification types where appropriate.
Finally, the Bill
does not affect the importation of publications, films or
computer games. Imported products remain subject to classification
prior to release in Australia. Following
the commencement of Schedule 1 of the
Bill, imported items will be subject to the
renamed classification types prior to release in
Australia (if not already
classified).
-
Explanatory Memorandum to the Bill, p. 1.
-
Mr Ruddock, Attorney-General, Second Reading Speech:
Classification (Publications, Films and Computer Games) Amendment
Bill 2004 , House of Representatives, Debates, 24 March
2004, p. 26 042.
-
Film and Computer Games Symbol to change from MA15+ to A15+
Accompanied , Communique issued by State, Territory and
Commonwealth Censorship Ministers, 13 November 2003 at:
http://www.oflc.gov.au/resource.html?resource=269&filename=269.pdf
(at 24 March 2004).
-
Services , paragraph 5.3, at: http://www.greens.org.au (at 24
March 2004).
-
Explanatory Memorandum to the Bill, p. 7.
-
Mr Ruddock, Attorney-General, Second Reading Speech:
Classification (Publications, Films and Computer Games) Amendment
Bill 2004 , House of Representatives, Debates, 24 March
2004, p. 26 043.
-
Mr Ruddock, Attorney-General, Second Reading Speech:
Classification (Publications, Films and Computer Games) Amendment
Bill 2004 , House of Representatives, Debates, 24 March
2004, p. 26 042.
-
ibid.
-
http://www.ctva.com.au/control.cfm?page=codereview&pageID=171&menucat=1.2.110.171&Level=3
(at 24 March 2004)
Morag Donaldson
26 March 2004
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 2004
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Published by the Parliamentary Library, 2004.
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