if there is an approved classification tool for the publication, film or computer game—by the operation of the approved classification tool.

if there is an approved classification tool for the publication, film or computer game—by the operation of the approved classification tool.

if there is an approved classification tool for the publication, film or computer game—by the operation of the approved classification tool.

if there is an approved classification tool for the publication, film or computer game—by the operation of the approved classification tool.

that is contained on one device; and

that consists only of 2 or more classified films;

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.

Divisions 2, 2B, 2C and 2D of Part 2;

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;

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.

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

any replacement register.

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).

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.

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.

decisions to refuse to accredit persons under subsection 22M(3);

decisions under subsection 22N(1), 22P(1) or 22Q(1).

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).

a decision (as defined in section 5) of the Board;

a decision of an accredited person to classify a film or computer game under section 22K.

for the purposes of subparagraph 22Q(2)(b)(iii)—circumstances in which consumer advice is taken to be grossly misleading, grossly incorrect or grossly inadequate.

consumer advice is grossly misleading, grossly incorrect or grossly inadequate.

(a) were made for the purposes of Classification (Publications, Films and Computer Games) Act 1995; andsection 12 of the

were in force immediately before the commencement of this Schedule;

was made under subsection 17(5) of that Act; and

was in force immediately before the commencement of this Schedule;

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.

(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;

(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).

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

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

(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.

a film is taken to have been classified by the Board under this Act under section 6HA; and

(b) the post-classification publisher of the film considers that the classification is not in accordance with the Code or the classification guidelines; and

the classification of the film has not been reviewed under Part 5; and

film has not been reclassified under Part 4 or reclassified under Part 2 due to a previous operation of this section;