an advertisement that has been refused approval; or

an advertisement for an unclassified film or an unclassified computer game:

that has been assessed in accordance with section 31 or under section 33 as being likely to be classified M or a higher classification; or

the likely classification of which has not been assessed in accordance with section 31 or under section 33; or

an advertisement for a film, or for a computer game, that has been classified M or a higher classification; or

material that would be likely to cause the film or computer game to be classified M or a higher classification.

the organisation was formed wholly or mainly for the purpose of carrying on activities of an educational, cultural or artistic nature; and

the organisation wholly or mainly carries on activities of an educational, cultural or artistic nature; and

the organisation has a sound reputation in relation to the carrying on of those activities; and

the organisation does not demonstrate, exhibit or screen unclassified publications, films or computer games that, if classified, would be likely to be classified RC, X 18+ or Category 2 restricted; and

the organisation has satisfied the training requirements prescribed by the conditional cultural exemption rules; and

the organisation has paid the fee (if any) prescribed by the conditional cultural exemption rules; and

the conditions (if any) specified in the conditional cultural exemption rules are satisfied.

the organisation is a government body; and

the organisation does not demonstrate, exhibit or screen unclassified publications, films or computer games that, if classified, would be likely to be classified RC, X 18+ or Category 2 restricted; and

the organisation has satisfied the training requirements prescribed by the conditional cultural exemption rules; and

the organisation has paid the fee (if any) prescribed by the conditional cultural exemption rules; and

the conditions (if any) specified in the conditional cultural exemption rules are satisfied.

exempt a particular publication, film, computer game, event or organisation from any or all provisions of this Division or of the conditional cultural exemption rules; or

declare that any or all provisions of this Division or of the conditional cultural exemption rules apply subject to such modifications as are set out in the declaration in relation to a particular publication, film, computer game, event or organisation.

be in a form approved, in writing, by the Director; and

be accompanied by the prescribed fee (if any).

must be in writing; and

is not a legislative instrument.

exempt a specified class of publications, films, computer games, events or organisations from any or all provisions of this Division or of the conditional cultural exemption rules; or

declare that any or all provisions of this Division or of the conditional cultural exemption rules apply subject to such modifications as are set out in the declaration in relation to a specified class of publications, films, computer games, events or organisations;

if the Director considers it appropriate to do so.

(a) the film has been classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 at R18+ or a lower classification; and

the film has not previously been classified under this Act; and

(c) after the film has been classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991, a person (the post-classification publisher) proposes to publish the film.

(a) if the post-classification publisher is an entity that is licenced to provide broadcasting services under the Broadcasting Services Act 1992—at the time the post-classification publisher proposes to publish the film; or

if the post-classification publisher is the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation—at the time the post-classification publisher proposes to publish the film; or

otherwise—at the time the post-classification publisher provides a notice of the classification under subsection (4).

Notice of classification

include details of the classification and the post-classification publisher; and

be in a form approved by the Secretary of the Department.

Exceptions

(a) the film is a modified version of the film classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 (other than a film that only has modifications of a kind referred to subsection 21(2) or (3)); or

the film contains an advertisement that has been refused approval under this Act.

markings for each type of classification giving information about the classification; and

principles relating to the display of the markings; and

principles relating to the display of consumer advice for publications, films and computer games.

a classified film;

a classified computer game;

a classified publication;

an advertisement for such a film, computer game or publication.

a film, computer game or publication; or

an advertisement for a film, computer game or publication;

(the relevant material) where:

the publisher of the relevant material is a constitutional corporation; or

the relevant material is published in the course of, or in relation to, constitutional trade or commerce; or

the relevant material is published in the course of, or in relation to, the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth; or

the relevant material is published using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or

the relevant material is published in a Territory or in a Commonwealth place.

the person, in trade or commerce, uses a marking in relation to goods; and

the marking is a determined marking; and

the goods are not:

a publication, film or computer game; or

(ii) goods used to promote a publication, film or computer game that has the classification for that marking.

Using a determined marking in relation to certain services

the person, in trade or commerce, uses a marking in relation to a service; and

the marking is a determined marking; and

the service is not for the purposes of the classification system provided for by this Act or a corresponding law of a State or Territory.

Selling etc. certain goods with a determined marking

a determined marking is used in relation to goods; and

the person does any of the following with the goods:

imports them into Australia for sale;

sells them;

offers them for sale;

lets them on hire; and

the goods are not:

a publication, film or computer game; or

goods used to promote a publication, film or computer game that has the classification for that marking.

Extended meaning of determined marking

the conduct constituting the offence occurs to any extent outside Australia;

the conduct constituting the offence occurs within a Territory or a Commonwealth place;

the goods belong to a constitutional corporation;

the person is a constitutional corporation;

the goods are provided in the course of, or intended for, constitutional trade or commerce;

the conduct constituting the offence is for the purposes of constitutional trade or commerce;

the conduct constituting the offence involves the use of postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution).

it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or

it directly or indirectly provides instruction on the doing of a terrorist act; or

(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (Criminal Code) that the person might suffer) to engage in a terrorist act.within the meaning of section 7.3 of the

a list of consumer advice terms, to be used in determining consumer advice for a film or computer game; and

guidelines to assist in the use of such terms.

contains an advertisement for a film or computer game with a higher classification than the classification the first film or first game would be given if it did not contain the advertisement; or

contains an advertisement for an unclassified film or unclassified computer game:

that has been assessed in accordance with section 31 or under section 33 as being likely to have a higher classification than the classification the first film or first game would be given if it did not contain the advertisement; or

the likely classification of which has not been assessed in accordance with section 31 or under section 33; or

contains an advertisement that has been refused approval.

in writing; and

made in a form approved by the Director in writing; and

signed by or on behalf of the applicant; and

accompanied by:

the prescribed fee for that category of publication; and

a copy of the publication.

all future issues; or

a specified number of future issues; or

all future issues published within a specified period.

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

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.

in writing; and

made in a form approved by the Director in writing; and

signed by or on behalf of the applicant; and

accompanied by:

a copy of the film; and

the prescribed fee for that category of film; and

an adequate written synopsis of the film in English that includes a statement or summary of any incidents, or of the plot, depicted or intended to be depicted by the film.

an application is made for classification of a film (other than an enforcement application—see section 22A) that comprises a recording from which a computer generated image can be produced; and

the recording enables a person using it to choose from 2 or more visual images the image that will be viewed;

the application must include particulars of any contentious material in the film and of the means by which access to that material may be gained.

an application is for classification of a film that comprises:

one or more classified films and additional content; or

one or more classified films, one or more exempt films and additional content; or

one or more exempt films and additional content; and

the applicant is of the opinion that the film would, if classified, be classified at a particular classification that is R 18+ or a lower classification; and

a notice under section 22H is not in force in relation to the applicant;

the applicant may also submit with the application an assessment of the additional content prepared by an additional content assessor and signed by, or on behalf of, the applicant.

if the film includes one classified film—describe, and report on the impact of, any classifiable elements in the additional content that are at the same or higher level as the classified film; and

if the film includes more than one classified film—describe, and report on the impact of, any classifiable elements in the additional content that are at the same or higher level as the classified film with the highest classification; and

if the film does not include a classified film—describe, and report on the impact of, all classifiable elements in the additional content; and

recommend a classification of the additional content; and

recommend consumer advice appropriate to the additional content; and

deal with any other matter prescribed by the regulations.

if the film includes one classified film—the Director or the Board is of the opinion that the film would, if classified, be classified at a higher classification than the classified film;

if the film includes more than one classified film—the Director or the Board is of the opinion that the film would, if classified, be classified at a higher classification than the classified film with the highest classification;

the film does not include a classified film.

an application is made for the classification as a film of a recording that contains a computer generated image; and

the Board is of the opinion that the recording is more appropriately dealt with as a computer game having regard to:

(i) the definition of computer game in section 5A; and

the degree of interactivity involved; and

the nature of the visual images produced;

the Board must decline to deal with the application.

an application is made for the classification of material as a computer game; and

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

whether, or the extent to which, the material is or involves an interactive game;

the Board must decline to deal with the application.

notify the applicant in writing of the decision and of the reasons for the decision; and

if the application is not an enforcement application—invite the applicant to provide the additional material that is necessary for an application for classification of a computer game or of a film, as the case requires.

an application is made for classification of a film or computer game; and

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.

notify the applicant in writing of the decision and of the reasons for the decision; and

invite the applicant to submit an application for classification of each work as a separate film or computer game.

in writing; and

made in a form approved by the Director in writing; and

signed by or on behalf of the applicant; and

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

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

accompanied by the prescribed fee for that category of game; and

accompanied by a document setting out:

the title of the game; and

the year of production; and

the name of the publisher; and

the country of origin; and

a description of game play.

particulars of that material and of the means by which access to it may be gained; or

a separate recording of that material.

(2AA) Subsection (2) does not apply to an application for the classification of a computer game if the application is made only because the computer game became unclassified under section 21 because of a modification that consists only of a change to the title of the computer game.

the applicant is of the opinion that the game would, if classified, be classified G, PG or M; and

a notice under section 17C is not in force in relation to the applicant;

the applicant may also submit with the application:

an assessment of the computer game, signed by or on behalf of the applicant and prepared by a person authorised by the Director for the purpose; and

a copy of any advertisement that is proposed to be used to advertise the game.

describe, and report on the impact of, any classifiable elements in the game; and

recommend a classification of the game; and

recommend consumer advice appropriate to the game.

stating the particulars of the disagreement; and

inviting the applicant to make, within 14 days after receiving the notice, any additional submissions the applicant may wish to make before the Board makes a decision on the application.

Subdivision B—Authorised assessors of computer games

the person has prepared an assessment of a computer game that contains classifiable elements that:

were not brought to the Board’s attention in accordance with paragraph 17(3A)(a) before the classification was made; or

were brought to the Board’s attention in accordance with paragraph 17(3A)(a) before the classification was made but the assessment of the elements was misleading, incorrect or grossly inadequate;

if the Director has requested that the person complete further training approved by the Director in the making of assessments of computer games—the person has not completed the training;

the person has prepared at least 2 assessments under subsection 17(3) which contain misleading, incorrect or grossly inadequate information;

any other conditions prescribed by the regulations.

both of the following apply:

the Board classified a computer game taking into account an assessment of the computer game prepared by the person;

the Board has revoked the classification of the game under section 21A or 21AC; or

the person has prepared at least 2 assessments under subsection 17(3) which contain misleading, incorrect or grossly inadequate information.

the person has submitted at least 2 applications that were accompanied by assessments under subsection 17(3); and

the assessments contained misleading, incorrect or grossly inadequate information; and

as a result of those assessments, the Director revoked the authorisation of the person who prepared them (see section 17A).

the applicant:

provides a copy of the film or game for screening or demonstration before the Board; or

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

in the opinion of the Board, the copy of the film or game provided is complete and is adequate to allow a proper consideration of the application.

classifies a film G, PG, M, MA 15+, R 18+ or X 18+; or

classifies a computer game G, PG, M, MA 15+ or R 18+;

it must determine consumer advice giving information about the content of the film or game.

a film or computer game:

is modified; and

is classified, in unmodified form, at a later time; and

the modification is of a kind covered by subsection (2);

the film or computer game, as modified, is taken from that later time to have the same classification as the classified film or classified computer game.

including or removing an advertisement, other than an advertisement to which section 12D applies;

for a film—the addition or removal of navigation functions;

for a film—the addition or removal of material which:

provides a description or translation of the audio or visual content of the film; and

would not be likely to cause the film, as modified, to be given a higher classification than the classified film;

a format change from 2D to 3D (or vice versa), if the format change would not be likely to cause the film or computer game, as modified, to be given a different classification to the classified film or classified computer game;

modifications of a kind prescribed in a legislative instrument made by the Minister for the purposes of this paragraph.

including or removing an advertisement, other than an advertisement to which section 12D 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; or

a format change from 2D to 3D (or vice versa), if the format change would not be likely to cause the film or computer game, as modified, to be given a different classification to the classified film or classified computer game; or

for a classified film—the addition or removal of navigation functions; or

for a classified film—the addition or removal of material which:

provides a description or translation of the audio or visual content of the film; and

would not be likely to cause the film to be given a higher classification.

in writing; and

made in a form approved by the Director in writing; and

signed by or on behalf of the applicant; and

accompanied by a copy of the publication, film or computer game.

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

the Board does not have a copy of the classified item and a copy is not available to it; and

the Board is not able to ascertain from its records whether the items are identical.

the Board obtains a copy of the classified item; and

the Board decides that it is the same as the new item but:

the classifications for the classified item and the new item are different; or

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.

made by or on behalf of a law enforcement agency of the Commonwealth, a State or a Territory; and

that did not satisfy the requirements of this Act for the making of the application;

is as valid, and is taken always to have been as valid, as it would have been if the application had satisfied those requirements.

publications;

films;

computer games.

produce a decision on the classification of the relevant material for the Australian Capital Territory; and

determine consumer advice giving information about the content of the relevant material; and

notify the decision and the consumer advice to the Director.

must be in writing; and

is not a legislative instrument; and

must be published on the Department’s website.

the matters specified in guidelines made for the purposes of subsection 22CA(4); and

any other matter the Minister considers relevant.

must be in writing; and

must be published on the Department’s website.

Subdivision B—Contracts etc. in relation to approved classification tools

participate in the formation of a corporation; or

become a member of a corporation;

for purposes relating to the development, operation or availability for use of a tool that may be approved under section 22CA (approved classification tools).

a publication, film or computer game is unclassified; and

there is an approved classification tool for the publication, film or computer game; and

the approved classification tool is used to produce a decision, for the Australian Capital Territory, on the classification of the publication, film or computer game; and

the prescribed fee (if any) has been paid in relation to the decision;

the decision is taken, for the purposes of this Act, to be a decision of the Board to classify the publication, film or computer game.

Divisions 2, 2B, 2C and 2D of Part 2;

Division 5 of Part 2.

the register, known as the National Classification Database, maintained by the Department; or

any replacement register.

is classified; and

is taken to have been so classified by the Board because of the operation of section 22CF in relation to a decision of an approved classification tool;

a person may apply to the Director for a certificate (an approved classification tool certificate) for the classified material.

be in a form approved, in writing, by the Director; and

be accompanied by the prescribed fee (if any).

(a) a decision made by the operation of an approved classification tool in relation to a publication, film or computer game (the relevant material) is taken (because of the operation of section 22CF) to be a decision of the Board to classify the relevant material; and

the Board is of the opinion that:

had the relevant material been classified by the Board otherwise than because of the operation of that section, the Board would have given the material a different classification; or

the consumer advice for the relevant material is misleading, incorrect or grossly inadequate; or

the consumer advice for the relevant material uses a consumer advice term that is not included in the list determined by the Board under section 12A that was in force at the time the consumer advice was determined;

the Board may revoke the classification.

on its own initiative; or

on application.

be in a form approved, in writing, by the Director; and

be made:

within 3 months after the day the decision made by the operation of the approved classification tool takes effect; or

if another period is specified in a determination under subsection (8)—within that longer period; and

if a class of persons is specified in a determination under subsection (8)—be made by a person included in that class; and

be accompanied by the prescribed fee (if any).

Classification after revocation

the register, known as the National Classification Database, maintained by the Department; or

any replacement register.

When revocation of classification takes effect

a specified period for the purposes of subparagraph (3)(b)(ii);

a specified class of persons for the purposes of paragraph (3)(c).

Subdivision D—Other

a notice under section 17B, 17C, 22F, 22H or 22Q is in force in relation to the person; or

the person has not completed training approved by the Director in the making of assessments.

the additional content assessor has prepared an assessment of the additional content in a film and the additional content contains classifiable elements that:

were not brought to the Board’s attention in accordance with paragraph 14(6)(a), (b) or (c) before the classification was made; or

were brought to the Board’s attention in accordance with paragraph 14(6)(a), (b) or (c) before the classification was made but the assessment of the elements was misleading, incorrect or grossly inadequate;

if the Director has requested the additional content assessor complete further training approved by the Director in the making of assessments—the additional content assessor has not completed the training;

the additional content assessor has prepared at least two assessments under subsection 14(5) which contain misleading, incorrect or grossly inadequate information;

any other conditions prescribed by the regulations.

both of the following apply:

the Board classified a film taking into account an assessment of the additional content in the film prepared by the person;

the Board has revoked the classification of the film under section 21AA; or

the person has prepared at least two assessments under subsection 14(5) which contain misleading, incorrect or grossly inadequate information; or

the person meets any other condition set out in the regulations.

the person has submitted at least two applications that were accompanied by assessments under subsection 14(5); and

the assessments contained misleading, incorrect or grossly inadequate information; and

as a result of those assessments, the Director revoked the authorisation of the additional content assessors who prepared them.

the register, known as the National Classification Database, maintained by the Department; or

any replacement register.

an accredited person has classified a film or computer game; and

the Board is of the opinion that:

had the film or computer game been classified by the Board, the Board would have given the film or computer game a different classification; or

the consumer advice for the film or computer game is misleading, incorrect or grossly inadequate; or

the consumer advice for the film or computer game uses a consumer advice term that is not included in the list determined by the Board under section 12A that was in force at the time the consumer advice was determined;

the Board may revoke the classification.

on its own initiative; or

on request by the Minister or the Secretary of the Department; or

if an application in accordance with subsection (7) is made within 3 months after the day the classification takes effect or within such longer period specified in a determination under subsection (8)—on application.

states the grounds on which the Board is considering revoking the classification; and

invites the accredited person to make, within 7 days after receiving the notice, a submission to the Board as to why the Board should not revoke the classification.

Classification after revocation

the register, known as the National Classification Database, maintained by the Department; or

any replacement register.

When revocation of classification takes effect

be in a form approved, in writing, by the Director; and

if a class of persons is specified in a determination under subsection (8)—be made by a person included in that class; and

be accompanied by the prescribed fee (if any).

a specified period for the purposes of paragraph (2)(c);

a specified class of persons for the purposes of paragraph (7)(b).

Subdivision B—Accreditation

be in a form approved, in writing, by the Secretary; and

be accompanied by a declaration made by the person to the effect that the person:

has not been convicted of an offence against a law of the Commonwealth, or a law of a State or Territory, involving fraud or dishonesty; and

has not been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth, or a law of a State or Territory, involving fraud or dishonesty.

the person has made an application in accordance with subsection (2); and

the person has, within the previous 12 months, completed approved training in classification; and

the person has paid the accreditation fee (if any) that relates to the specified period; and

there is no notice under section 17B, 17C, 22F, 22H or 22Q in force in relation to the person; and

the Secretary is not aware of any reason why the person is not a suitable person to classify films and computer games.

Accreditation fee

during the previous 12 months, the Board has revoked 2 or more classifications by the person; or

the Secretary considers that the training is otherwise necessary or desirable to ensure that the person is adequately trained and competent to perform the functions of an accredited person under this Act.

the person may not classify a film or computer game under section 22K; and

the Secretary may not accredit the person to classify films and computer games.

during the previous 12 months, the Board has revoked 3 or more classifications by the person;

if the Secretary has, under section 22N, requested the person complete further approved training in classification within a specified period—the person has not completed the training within the specified period;

the Secretary becomes aware of:

the person having made a declaration under subsection 22M(2) that is false or misleading in a material particular; or

the person having been convicted of an offence against a law of the Commonwealth, or a law of a State or Territory, involving fraud or dishonesty; or

the person having been ordered to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth, or a law of a State or Territory, involving fraud or dishonesty; or

(iv) the person having purported to classify a film or computer game as RC or X 18+; or

any other reason why the person is not a suitable person to classify films and computer games;

the Board has revoked a classification by the person of a film or computer game on the grounds that had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification of RC or X 18+;

the person meets any other condition prescribed by the regulations.

the Secretary has revoked the person’s accreditation under section 22P more than once;

the Board has revoked 2 or more classifications by the person of films or computer games in the person’s most recent 3 accreditation periods and at least 2 of those classifications were revoked on the grounds that:

had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification that is 2 or more levels higher or lower; or

had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification of RC or X 18+; or

the consumer advice was grossly misleading, grossly incorrect or grossly inadequate;

the Board has revoked a classification by the person of a film or computer game on the grounds that had the film or computer game been classified by the Board, the Board would have given the film or computer game a classification of RC or X 18+;

the person has purported to classify a film or computer game as RC or X 18+;

the Secretary is of the opinion that the person knowingly made a declaration under subsection 22M(2) that is false or misleading in a material particular;

the person meets any other condition prescribed by the regulations.

paragraph 22L(2)(b) (request for revocation of classification);

section 22M (accreditation);

section 22N (further training);

section 22P (revocation of accreditation);

subsection 22S(1) (approved training).

the Director has reasonable grounds to believe that a publication is a submittable publication; and

the publication 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; and

if the publication is being published in the Australian Capital Territory—the publication is not subject to a conditional cultural exemption in relation to the publication;

the Director may, by notice in writing given to the publisher of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the Board.

publish the publication in the Australian Capital Territory; or

cause, authorise, permit or licence the publication to be published in the Australian Capital Territory.

the Director has reasonable grounds to believe that an unclassified film is not an exempt film; and

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; and

if the film is being published in the Australian Capital Territory—the film is not subject to a conditional cultural exemption in relation to the publication;

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.

publish the film in the Australian Capital Territory; or

cause, authorise, permit or licence the film to be published in the Australian Capital Territory.

the Director has reasonable grounds to believe that a computer game is likely to contain contentious material; and

the computer 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.

the Director has reasonable grounds to believe that an unclassified computer game is not an exempt computer game; and

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; and

if the computer game is being published in the Australian Capital Territory—the computer game is not subject to a conditional cultural exemption in relation to the publication;

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.

publish the computer game in the Australian Capital Territory; or

cause, authorise, permit or licence the computer game to be published in the Australian Capital Territory.

(a) the Director has issued a classification certificate (the first certificate) for a publication, film or computer game; and

(b) the Convenor issues a classification certificate (the second certificate) for the publication, film or computer game;

the first certificate is taken to be revoked at the time the Convenor gives written notice to the applicant under subsection 26(3).

the determined markings for the classification given to the publication, film or computer game; and

for a film or computer game—the consumer advice for the film or game; and

the applicant’s obligations about the display of the determined markings and consumer advice.

the applicant; and

the persons who, in the Convenor’s opinion, have an interest in the matter, whether as a publisher of the publication, film or computer game or otherwise.

Time for giving notice

a classification certificate issued by the Director under subsection 25(1); or

a notice given by the Director under subsection 26(1).

a classification certificate issued by the Convenor under subsection 25(1A); or

a notice given by the Convenor under subsection 26(3).

in writing; and

made in a form approved by the Director in writing; and

signed by or on behalf of the applicant; and

accompanied by the prescribed fee for that category of advertisement.

describes, depicts or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be approved; or

depicts or describes, in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or

promotes crime or violence, or incites or instructs in matters of crime or violence; or

is used, or is likely to be used, in a way that is offensive to a reasonable adult.

has been classified RC; or

is an unclassified submittable publication.

a film or computer game that has been classified RC; or

an unclassified film or unclassified computer game that, if classified, would be likely to be classified RC.

the publisher of a publication that:

the Director has reasonable grounds to believe is a submittable publication; and

is being published in the Australian Capital Territory, or the Director has reasonable grounds to believe will be published in the Australian Capital Territory; or

the publisher of a film that is being published in the Australian Capital Territory, or that the Director has reasonable grounds to believe will be published in the Australian Capital Territory; or

the publisher of a computer game that is being published in the Australian Capital Territory, or that the Director has reasonable grounds to believe will be published in the Australian Capital Territory;

require the publisher to submit to the Board for approval a copy of every advertisement used or intended to be used in connection with the publishing.

publish the publication, film or computer game in the Australian Capital Territory; or

cause, authorise, permit or licence the publication, film or computer game to be published in the Australian Capital Territory.

specifying conditions on which unclassified films and unclassified computer games may be advertised;

providing for requirements relating to self-assessment by industry of the likely classification of unclassified films and unclassified computer games.

messages that must be displayed on or in relation to the advertising of an unclassified film or an unclassified computer game;

the circumstances in which an unclassified film or an unclassified computer game may be advertised with a classified film or game (including circumstances relating to the likely classification of the film or computer game);

the time within which messages on or in relation to an advertisement for an unclassified film or an unclassified computer game must be changed after the film or computer game is classified;

a condition that an unclassified film or an unclassified computer game may not be advertised by a person in respect of whom a barring notice of a kind mentioned in paragraph (3)(d) is in force.

provide for the authorisation of persons to make assessments of the likely classifications of unclassified films or unclassified computer games; and

specify the requirements for authorisation of a kind mentioned in paragraph (a), and for continued authorisation (including the circumstances in which such authorisation may be revoked or suspended); and

specify the basis on which an authorised person may make, amend or revoke assessments of the likely classification of unclassified films or unclassified computer games; and

(d) provide for a notice system that empowers the Director to give a notice (a barring notice) to a particular person in specified circumstances (including circumstances that relate to whether the Director is satisfied as to a matter or matters); and

specify the effect of a barring notice, which may include but is not limited to providing that a person in respect of whom a barring notice is in force may not be authorised to make assessments of the likely classifications of unclassified films or unclassified computer games; and

provide for review by the Administrative Review Tribunal of decisions under the scheme; and

confer functions and powers on the Board or the Director in relation to and for the purposes of the scheme; and

provide for administrative matters, such as the making of applications and the giving of notices.

be in writing; and

be in a form approved in writing by the Director; and

be signed by or on behalf of the applicant; and

include any information, statements, explanations or other matters required by the form; and

be accompanied by any other relevant material required by the form; and

be accompanied by the prescribed fee.

the film or computer game contains, or will contain, material of which the Board was unaware when the Board made the assessment; and

if the Board had been aware of the material before making the assessment, it would have assessed the film or computer game as likely to have a higher classification;

the Board must revoke the assessment, and must also revoke the approval of any approved advertisement for the film or game.

when written notice of the decision to revoke is given under section 35 to the applicant concerned; or

if a later day is specified in the instrument of revocation—on that later day.

if the Board constituted for the purposes of the matter includes the Director—the Director has a casting vote as well as a deliberative vote; and

in any other case—the Director must vary the constitution of the Board by adding 1 or more other members and the matter is to be considered again.

the Deputy Director is to preside; or

if the Deputy Director is not present—the members present are to appoint a member to preside.

all or any of the Board’s powers under this Act in relation to:

the classification of publications, films or computer games; or

the approval of advertisements for publications, films or computer games; and

all or any of the Director’s powers under the regulations.

the member:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the member is a full-time member and is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the member is a part-time member and is absent, without reasonable excuse, from 3 consecutive meetings of the Board; or

the member engages in paid employment contrary to section 62; or

the member fails, without reasonable excuse, to comply with section 64.

(a) an eligible employee for the purposes of the Superannuation Act 1976; or

(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or

(c) an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

the Governor-General may, with the member’s consent, retire the member from office on the ground of incapacity.

(a) is an eligible employee for the purposes of the Superannuation Act 1976; and

has not reached his or her retiring age (within the meaning of that Act);

cannot be retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.

(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.

(a) is an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.

there is a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or

the Director is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;

the Deputy Director is to act as the Director during the vacancy, absence or inability.

during a vacancy in the office, whether or not an appointment has previously been made to the office; or

during a period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

if the Review Board constituted for the purposes of the application or matter includes the Convenor—the Convenor has a casting vote as well as a deliberative vote; and

in any other case—the Convenor is to vary the constitution of the Review Board by adding 1 or more other members and the matter is to be considered again.

all or any of the Review Board’s powers under this Act in relation to:

the classification of publications, films or computer games; or

the approval of advertisements for publications, films or computer games; and

all or any of the Convenor’s powers under the regulations.

the member:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the member is absent, without reasonable excuse, from 3 consecutive meetings of the Review Board; or

the member fails, without reasonable excuse, to comply with section 82.

(a) an eligible employee for the purposes of the Superannuation Act 1976; or

(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or

(c) an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;

the Governor-General may, with the member’s consent, retire the member from office on the ground of incapacity.

(a) is an eligible employee for the purposes of the Superannuation Act 1976; and

has not reached his or her retiring age (within the meaning of that Act);

cannot be retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.

(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.

(a) is an ordinary employer-sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and

is under 60;

cannot be retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.

there is a vacancy in the office of Convenor, whether or not an appointment has previously been made to the office; or

the Convenor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;

the Deputy Convenor is to act as the Convenor during the vacancy, absence or inability.

during a vacancy in the office, whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

on the Indigenous Affairs Minister’s own initiative; or

following a request made to the Indigenous Affairs Minister by, or on behalf of, a person who is ordinarily resident in the area to which the determination relates.

Community consultation

information setting out:

the proposal to make the determination; and

an explanation, in summary form, of the consequences of the making of the determination;

has been made available in the area; and

people living in the area have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:

the proposal to make the determination; and

the consequences of the making of the determination; and

their circumstances, concerns and views, so far as they relate to the proposal.

the object of this Part (see section 98A);

the wellbeing of people living in the area;

whether there is reason to believe that people living in the area have been the victims of violence or sexual abuse;

the extent to which people living in the area have expressed their concerns about being at risk of violence or sexual abuse;

whether there is reason to believe that children living in the area have been exposed to prohibited material;

the extent to which people living in the area have expressed the view that their wellbeing will be improved if this Part continues to apply in relation to the area;

any submissions of the kind referred to in paragraph (4)(b);

the views of relevant law enforcement authorities;

any other matter that the Indigenous Affairs Minister considers relevant.

the Indigenous Affairs Minister makes a determination under subsection (1) in relation to an area; and

under subsection (2), the Indigenous Affairs Minister:

revokes the determination; or

varies the determination so that the area is no longer a prohibited material area;

then this Part continues to apply in relation to that area, after the revocation or variation takes effect, in relation to things done, or omitted to be done, before the revocation or variation takes effect.

the person:

supplies material to a third person; or

prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or

possesses material intending to supply any of it to a third person; and

the third person is in a prohibited material area; and

the material is prohibited material.

Supplying 5 or more items

the person:

supplies material to a third person; or

prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or

possesses material intending to supply any of it to a third person; and

the third person is in a prohibited material area; and

the material is prohibited material; and

the material consists of 5 or more items of prohibited material.

intending to supply the material; or

believing that another person intends to supply the material; or

intending to assist another person to supply the material;

as the subparagraph requires, to a person in a prohibited material area.

the body corporate commits an offence against this Part; and

the manager knew that the offence would be committed; and

the manager was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and

the manager failed to take all reasonable steps to prevent the commission of the offence.

State/Territory body corporate managers

the body corporate commits an offence against this Part within the State or Territory; and

the manager knew that the offence would be committed; and

the manager was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and

the manager failed to take all reasonable steps to prevent the commission of the offence.

Maximum penalties

a pecuniary penalty not exceeding 200 penalty units;

imprisonment for a term not exceeding 2 years.

the owner of the material; or

if the owner of the material cannot be identified after reasonable inquiries—the person from whom the material was seized.

both:

the owner of the material cannot be identified after reasonable inquiries; and

the material was not seized from a person; or

it is not possible to serve the person required to be served under subsection (1).

identify the material; and

state the date on which the material was seized; and

state the ground or grounds on which the material was seized; and

explain the procedures for the possible return of the material set out in sections 108 and 109; and

provide contact details for the responsible officer; and

state that, if the material is not returned to the owner under section 108 or 109, it is forfeited to the Commonwealth.

within 60 days after the date of the seizure notice; or

if subsection 107(2) applied so that a seizure notice was not served—within 60 days after the day on which the material was seized.

the owner requests the return of the material within the time specified under subsection (2); and

the responsible officer is satisfied, on reasonable grounds, that the material is not prohibited material;

the responsible officer must return the material to the owner. Otherwise the request must be refused.

assess the effectiveness of the special measures provided for by this Part; and

consider any other matter specified by the Indigenous Affairs Minister.

information setting out:

the proposal to make the determination; and

an explanation, in summary form, of the consequences of the making of the determination;

has been made available to people living in prohibited material areas; and

people living in prohibited material areas have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:

the proposal to make the determination; and

the consequences of making the determination; and

their circumstances, concerns and views, so far as they relate to the proposal.

(a) the object of this Part (see section 98A);

the wellbeing of people living in prohibited material areas;

whether there is reason to believe that people living in prohibited material areas have been the victims of violence or sexual abuse;

the extent to which people living in prohibited material areas have expressed their concerns about being at risk of violence or sexual abuse;

whether there is reason to believe that children living in prohibited material areas have been exposed to prohibited material;

the extent to which people living in prohibited material areas have expressed the view that their wellbeing will be improved if this Part applies;

any submissions of the kind referred to in paragraph (3)(b);

the views of relevant law enforcement authorities;

any other matter that the Indigenous Affairs Minister considers relevant.