Commonwealth: Classification (Publications, Films and Computer Games) Act 1995 (Cth)

Classification (Publications, Films and Computer Games) Act 1995 No. 7, 1995 Compilation No. 43 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Classification (Publications, Films and Computer Games) Act 1995 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Purpose 3A Simplified outline of this Act 4 Powers and functions under State or Territory laws 4A Concurrent operation of State and Territory laws 5 Definitions 5A Meaning of computer game 5C Meaning of social sciences 6 Amendments of the Code 6A Application of the Criminal Code Part 1A—Exemptions etc. Division 1A—Preliminary 6AA Simplified outline of this Part Division 1—Exempt films and exempt computer games 6B Exempt films and exempt computer games Division 2—Conditional cultural exemptions 6C Conditional cultural exemptions—registered events 6D Registered events 6E Conditional cultural exemptions—approved cultural institutions 6F Approved cultural institutions 6G Conditional cultural exemption rules 6H Modifications etc. in relation to this Division Division 3—Films classified under certain other Acts 6HA Certain films classified under certain other Acts are taken to be classified under this Act 6HB Reclassification of films taken to be classified by the Board Part 2—Classification Division 1—Preliminary 6J Simplified outline of this Part 7 Types of classifications 8 Determined markings and consumer advice 8AA Use of markings in relation to goods other than films etc. 8A Notice about classifications 9 Classification in accordance with the Code 9A Refused Classification for publications, films or computer games that advocate terrorist acts 11 Matters to be considered in classification 12 Classification guidelines 12A Board to determine list of consumer advice terms 12B Films consisting only of classified films 12C Considered form of publication, film or computer game to be final 12D Classification of publications, films or computer games containing advertisements Division 2—Classification by the Board Subdivision A—Classification on application to the Board 12E Classification of publications, films and computer games by the Board 13 Applications for classification of publications 13A Conditions of certain classifications for publications 14 Applications for classification of films 15 Discretion of Board 16 Board may decline to deal with application if more than one work involved 17 Applications for classification of computer games Subdivision B—Authorised assessors of computer games 17AA Authorisation to assess computer games 17A Revocation of authorisation to assess certain computer games 17B Barring notice to assessors of certain computer games 17C Barring notice to applicant for classification of computer games 17D Review by ART Subdivision C—Consumer advice and other matters 19 Screening of films and demonstration of computer games before classification 20 Board to decide consumer advice for publications, films and computer games Division 2A—Modified films and computer games 20A Modifications of unclassified films and computer games that are later classified 21 Declassification of classified films or computer games that are modified Division 2B—Revocation by the Board of classifications involving assessments of additional content or authorised assessors 21A Revocation of classification of films or computer games that are found to contain contentious material 21AA Revocation of classification of films containing additional content 21AC Revocation of classification of computer games if assessment misleading etc. Division 2C—Enforcement applications for classification by the Board 22A Applications for classification for enforcement purposes Division 2D—Validation of Board decisions 22B Classification of a publication, film or computer game that may be the same as or similar to a classified item 22C Validation of Board decisions etc. on applications by law enforcement agencies Division 2E—Classification by approved classification tools Subdivision A—Approved classification tools 22CA Approved classification tools 22CB Variation or revocation of approval Subdivision B—Contracts etc. in relation to approved classification tools 22CC Contracts etc. in relation to approved classification tools 22CD Involvement in a corporation etc. in relation to approved classification tools 22CE Executive power of the Commonwealth Subdivision C—Classification by approved classification tools 22CF Classification by approved classification tools 22CG Approved classification tool certificates 22CH Revocation of classification by approved classification tool Subdivision D—Other 22CJ Delegation by the Minister Division 2F—Additional content assessors Subdivision A—Additional content assessors 22D Additional content assessors 22E Revocation of additional content assessor status 22F Barring notice to additional content assessor 22G Review by ART Subdivision B—Barring notices to applicants 22H Barring notice to applicant 22J Review by ART Division 2G—Classification by accredited person Subdivision A—Classification 22K An accredited person may classify a film or computer game 22L Board may revoke classification Subdivision B—Accreditation 22M Secretary may accredit a person to classify films and computer games 22N Secretary may request accredited person complete further training 22P Secretary may revoke accreditation 22Q Barring notice to accredited person 22R Review by ART Subdivision C—Other 22S Secretary may approve training 22T Delegation Division 3—Submittable publications 23 Calling in submittable publications for classification Division 3A—Calling in films 23A Calling in films for classification Division 4—Calling in computer games 24 Calling in computer games for classification Division 5—Notice of decisions by the Board or Review Board 25 Classification certificates 26 Notice of decisions 27 Applications for information 28 When decisions take effect Part 3—Advertising Division 1A—Preliminary 28D Simplified outline of this Part Division 1—Approval of general advertisements 29 Approval of advertisements 30 Calling in advertisements Division 2—Advertising of unclassified films and unclassified computer games Subdivision A—Scheme relating to advertising 31 Scheme for advertising may be determined by legislative instrument Subdivision B—Assessments of likely classifications of unclassified films and unclassified computer games 32 Person may apply for assessment of likely classification of unclassified film or unclassified computer game 33 Board may assess likely classification of film or computer game 34 Revocation of assessments 35 Notice of decisions Part 4—Reclassification 37 Simplified outline of this Part 38 Limit on reclassification 39 Reclassification etc. after 2 years 40 Notice of request to reclassify etc. 41 Consideration of submissions Part 5—Review of decisions 41A Simplified outline of this Part 41B Reviewable decisions 42 The persons who may apply for review 42A Review Board may refuse to deal with certain applications 43 Applications for review 44 Dealing with applications 44A Obtaining copies for review 44B Validation of Review Board decisions etc. in relation to decisions on applications by law enforcement agencies Part 6—The Classification Board Division 1A—Preliminary 44C Simplified outline of this Part Division 1—Establishment of the Board 45 Establishment of Classification Board 46 Constitution of Board 47 Maximum number of members 48 Appointment of members 49 Full‑time and part‑time appointments 50 Temporary members 51 Terms and conditions of appointment Division 2—Responsibilities and powers of the Director 52 Responsibilities and powers of the Director 53 Powers of Director under State/Territory laws Division 4—Procedure of the Board 56 Board to regulate its procedure 57 Decisions of the Board 58 Procedures that apply to meetings of the Board Division 5—Administrative provisions 59 Delegations 60 Remuneration and allowances 61 Leave of absence 62 Outside employment 63 Resignation 64 Disclosure of interests 65 Termination of appointment 66 Acting appointments 67 Annual report Part 7—The Review Board Division 1A—Preliminary 71 Simplified outline of this Part Division 1—Establishment of the Review Board 72 Establishment of Classification Review Board 73 Constitution of Review Board 74 Appointment of members of the Review Board 75 Members of the Review Board to be part‑time 76 Terms and conditions of appointment Division 2—Responsibilities and powers of the Convenor 77 Responsibilities and powers of the Convenor 77A Powers of Convenor under State/Territory laws Division 3—Procedure of the Review Board 78 Constitution of Review Board for the purpose of its functions 79 Decisions of the Review Board Division 4—Administrative provisions 79A Delegations 80 Remuneration and allowances 81 Resignation 82 Disclosure of interests 83 Termination of appointment 84 Acting appointments 85 Annual report Part 8—Miscellaneous 85A Simplified outline of this Part 86 Immunity from suit 87 Evidentiary certificates 87A Board to make decisions within a specified time 87B Review Board to make decisions within a specified time 88 Additional functions of Board 88A Staff assisting the Board and the Review Board 88B Referral of certain unclassified material to law enforcement agencies 89 Service of notices 90 Payments to the States and Territories 91 Waiver of fees 91A Commonwealth not liable to pay a fee 91B Cancellation of exemptions from fees 91C Debts due to the Commonwealth 92 Act not to apply to broadcasting services under Broadcasting Services Act 92A Proceedings arising out of administration of Board or Review Board 93 Regulations Part 9—Transitional provisions and repeals 93A Simplified outline of this Part 94 Definitions 95 Service of member of former Board or former Review Board 96 Decisions of former Board and former Review Board 97 Pending applications 97A Reclassification 98 Repeals Part 10—Material prohibited in certain areas in the Northern Territory Division 1—Preliminary 98A Main object of Part 98B Simplified outline of this Part 99 Definitions 99A The Racial Discrimination Act is not affected 100A Prohibited material areas 100C Delegation by Indigenous Affairs Minister Division 2—Offences 101 Possession or control of level 1 prohibited material in prohibited material areas 102 Possession or control of level 2 prohibited material in prohibited material areas 103 Supplying prohibited material in and to prohibited material areas 104 Liability of body corporate managers 105 Division does not apply to postal services Division 3—Seizure and forfeiture of prohibited material 106 Seizure of prohibited material 107 Seizure notices 108 Return of seized material—on request 109 Return of seized material—application to magistrate 110 Seized material forfeited to the Commonwealth 111 Relationship of Division to other laws Division 4—Miscellaneous 112 Evidence 113 Compensation for acquisition of property 114 Review of operation of this Part 115 Indigenous Affairs Minister may determine that provisions of this Part cease to have effect 116 Sunset provision Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the classification of publications, films and computer games, and related matters Part 1—Preliminary 1 Short title This Act may be cited as the Classification (Publications, Films and Computer Games) Act 1995. 2 Commencement (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation. (3) If the provisions referred to in subsection (2) do not commence under that subsection within the period of 12 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 3 Purpose The main purpose of this Act is to provide for the classification of publications, films and computer games for the Australian Capital Territory. This Act 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. Note: Provisions dealing with the consequences of not having material classified and the enforcement of classification decisions are to be found in complementary laws of the States and Territories. 3A Simplified outline of this Act This Act establishes a scheme for classifying publications, films and computer games for the Australian Capital Territory. Certain films and computer games are exempt films or exempt computer games. A publication, film or computer game that is shown as part of a registered event, or by an approved cultural institution, may be subject to a conditional cultural exemption in relation to that showing, if certain criteria are met. Films classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 are taken to be classified by the Board in some circumstances. A publication, film or computer game may be classified: (a) by the Classification Board, on application; or (b) if there is an approved classification tool for the publication, film or computer game—by the operation of the approved classification tool. A film or computer game may also be classified by an accredited person. If a film or computer game is modified in specified ways and is then classified in unmodified form at a later time, both the modified and unmodified forms of the film or computer game have the same classification from that time. If a classified film or computer game is modified, the film or computer game, as modified, becomes unclassified unless specified exceptions apply. The classification of a publication, film or computer game must be revoked by the Board in certain circumstances. Once a publication, film or computer game is classified, it cannot be reclassified for 2 years. However, applications for a review of classification decisions can be made to the Classification Review Board and films classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 that are taken to be classified by the Board can be reclassified in some circumstances. The Director of the Board has the power to require publishers of certain unclassified publications, films and computer games to apply for classification of that material in certain circumstances. It is an offence to fail to comply with such a requirement. This Act also provides for copies of unclassified publications, films and computer games that, in the Secretary's opinion, would be likely to be classified RC to be given to the Australian Federal Police and other specified bodies. This Act also prohibits the possession, control and supply of certain material in certain areas of the Northern Territory. Police officers have powers to seize such material in those areas. Note: This Act is part of a national scheme, and there is complementary legislation in all States and Territories. Under the complementary legislation, some publications and most films and computer games must be classified before they can be legally made available to the public. 4 Powers and functions under State or Territory laws The Board, the Review Board, the Director and the Convenor may exercise powers and perform functions relating to the classification of publications, films and computer games that are conferred on them under an arrangement between the Commonwealth and a State or the Commonwealth and the Northern Territory. 4A Concurrent operation of State and Territory laws (1) This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory. (2) Without limiting subsection (1), this Act is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes: (a) an act or omission that is an offence against a provision of this Act; or (b) a similar act or omission; an offence against the law of the State or Territory. (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following: (a) provides for a penalty for the offence that differs from the penalty provided for in this Act; (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Act; (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Act. 5 Definitions In this Act, unless the contrary intention appears: ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012. additional content in a film that also comprises a classified film or an exempt film includes, but is not limited to: (a) additional scenes for the classified film or exempt film (such as alternative endings or deleted scenes); and (b) a film of the making of the classified film or exempt film; and (c) interviews with, and commentaries by, directors, actors and other persons involved with the making of the classified film or exempt film; and (d) such other material as is prescribed by the regulations; but does not include: (e) a work; or (f) such other material as is prescribed by the regulations. additional content assessor means a person who is authorised by the Director under section 22D. 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). adult means a person who is 18 or older. advertisement for a publication, a film or a computer game means any form of advertising for the publication, film or game, and includes: (a) advertising, whether visual or audible, whether in the form of written or spoken words or other sounds and whether in a book, paper, magazine, poster, photograph, sketch, program, film or slide or in any other form; and (b) advertising on a container or wrapping enclosing the publication, film or game; and (c) advertising on the internet; but does not include: (d) advertising for an exempt film or exempt computer game; or (da) advertising for a particular demonstration, exhibition or screening of a publication, film or computer game, if the publication, film or computer game is subject to a conditional cultural exemption in relation to the demonstration, exhibition or screening; 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; or (g) advertising by means of a product: (i) that refers to or is derived from the publication, film or computer game; and (ii) that is primarily intended to be sold or distributed to the general public or to a section of the general public; and (iii) that a reasonable person would not consider to be a primary source of classification information for consumers about the publication, film or computer game. approved classification tool: see subsection 22CA(2). approved cultural institution: see section 6F. Board means the Classification Board. business day means a day other than a Saturday, Sunday or public holiday. classifiable elements has the same meaning as in the Guidelines determined under subsection 12(1) and as in force from time to time. classification certificate means a certificate issued under section 25. classified means classified under this Act. Note: Certain films classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 are taken to be classified under this Act: see section 6HA. Code means the National Classification Code, set out in the Schedule to this Act as originally enacted, as amended in accordance with section 6. computer generated image means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, liquid crystal display or similar medium from electronically recorded data. conditional cultural exemption rules means rules made by the Minister under section 6G. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. constitutional trade or commerce means trade or commerce: (a) between Australia and a place outside Australia; or (b) among the States; or (c) between a State and a Territory; or (d) within a Territory; or (e) between 2 Territories. 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 or a higher classification. Convenor means the Convenor of the Review Board. CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. 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 or 97A or under subsection 22CH(4) or 22L(4) following revocation); 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 assess or refuse to assess the likely classification of an unclassified film or an unclassified computer game; or (da) to revoke an assessment of the likely classification of an unclassified film or an unclassified computer game; 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 (ia) to revoke the classification of a film under section 21AA; or (ib) to revoke the classification of a computer game under section 21AC; or (j) to revoke the classification of, or consumer advice for, a publication, film or computer game under section 22B. demonstrate includes exhibit, display, screen, play or make available for playing. Deputy Director means the Deputy Director of the Board. determined markings means markings determined under paragraph 8(1)(a). Director means the Director of the Board. enforcement application means an application that is made: (a) by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory; and (b) for the purpose of investigating or prosecuting an offence against a law of the Commonwealth, a State or a Territory. exempt computer game has the meaning given by section 6B. exempt film has the meaning given by section 6B. film includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced (together with its sound track), but does not include: (a) a computer game; or (b) an advertisement for a publication, a film or a computer game. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. government body means: (a) a department of the Commonwealth, a State or a Territory; or (b) an agency or authority of the Commonwealth, a State or a Territory; or (c) a body established for the purposes of local government by or under a law applying in a State or Territory. interactive film means a film to which subsection 14(4) applies. interactive game means a game in which the way the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player. member means a member of the Board, and includes a temporary member. minor means a person under 18. participating Minister means a Minister of a State or Territory who is responsible for censorship matters where the State or Territory is a participant in the scheme referred to in section 3, but does not include such a Minister in relation to action to be taken under a provision of this Act if: (a) the action relates to publications, films or computer games; and (b) the State or Territory does not participate in the scheme in relation to publications, films or computer games, as the case may be. publication means any written or pictorial matter, but does not include: (a) a film; or (b) a computer game; or (c) an advertisement for a publication, a film or a computer game. publish includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate. registered event: see section 6D. Review Board means the Classification Review Board. social sciences has the meaning given by section 5C. subject to a conditional cultural exemption: for when a publication, film or computer game is subject to a conditional cultural exemption, see sections 6C and 6E. submittable publication means an unclassified publication that, having regard to section 9A or 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. temporary member means a person appointed under section 50. work means: (a) a cinematic composition that appears to be: (i) self‑contained; and (ii) produced for viewing as a discrete entity; or (aa) a television program; or (b) a computer game that is produced for playing as a discrete entity; but does not include an advertisement. 5A Meaning of computer game (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. 5C Meaning of social sciences (1) For the purposes of this Act, social sciences means the following fields: (a) economics; (b) geography; (c) anthropology; (d) linguistics; (e) such other fields (if any) as are specified in an instrument under subsection (2). (2) The Minister may, by legislative instrument, specify fields for the purposes of paragraph (1)(e). 6 Amendments of the Code (1) The Code may be amended from time to time in accordance with this section. (2) If the Minister and each participating Minister agree to an amendment of the Code, the Code is taken to be amended accordingly. (3) If the Code is amended, the Minister must cause a copy of the amended Code to be published in the Gazette. 6A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part 1A—Exemptions etc. Division 1A—Preliminary 6AA Simplified outline of this Part Certain films and computer games are exempt films or exempt computer games. A publication, film or computer game that is shown as part of a registered event that meets certain criteria may be subject to a conditional cultural exemption in relation to that showing. A publication, film or computer game that is shown by an approved cultural institution may be subject to a conditional cultural exemption in relation to that showing. Films classified under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 are taken to be classified by the Board in some circumstances. The Director of the Classification Board can modify the operation of the provisions relating to conditional cultural exemptions in relation to specified publications, films, computer games or organisations. Division 1—Exempt films and exempt computer games 6B Exempt films and exempt computer games (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 or mainly comprising news reports or information about, or analysis of, current issues or events of public interest or importance 7 Hobbyist A film wholly or mainly comprising a documentary record of a hobby or activity 8 Sporting A film wholly or mainly comprising a documentary record of a sporting event 9 Family A film wholly or mainly comprising a documentary record of a family event or activity 10 Live performance A film wholly or mainly comprising a documentary record of a live artistic performance or that is used within such a performance 11 Musical presentation A film wholly or mainly comprising a musical presentation 12 Religious A film wholly or mainly comprising a documentary record of a religious event or activity 13 Community or cultural A film wholly or mainly comprising a documentary record of a community or cultural activity or event 14 Social sciences A film wholly or mainly comprising information about, or analysis of, subjects relating to the social sciences 15 Natural history A natural history film, or any film depicting wholly or mainly natural scenery 16 Language other than English A film to which all of the following apply: (a) the film is wholly in a language other than English (disregarding any minor and infrequent uses of the English language or any English language subtitles or captioning); (b) the film has been imported into Australia for the sole purpose of being included in the collection of one or more the following: (i) a public library; (ii) a library of a tertiary educational institution; (c) the film is published in a physical format; (d) no more than 500 copies of the film in that format have been imported into Australia; (e) the film, if it were classified, would be likely to be classified G or PG (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 an unclassified computer game: (i) 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 (ii) the likely classification of which has not been assessed in accordance with section 31 or under section 33; or (c) an advertisement for a film, or for a computer game, that has been classified M or a higher classification; or (d) material that would be likely to cause the film or computer game to be classified M or a higher classification. Division 2—Conditional cultural exemptions 6C Conditional cultural exemptions—registered events If: (a) a publication, film or computer game (the relevant material) is demonstrated, exhibited or screened (the relevant showing) as part of a registered event; and (b) the relevant material, if it were classified, would not be likely to be classified RC, X 18+ or Category 2 restricted; and (c) in the case of relevant material that, if it were classified, would be likely to be classified M or MA 15+—persons aged under 15 years are not present at the relevant showing unless accompanied by an adult; and (d) in the case of relevant material that, if it were classified, would be likely to be classified R 18+ or Category 1 restricted—only persons aged 18 years and over are present at the relevant showing; and (e) the relevant material has not already been demonstrated, exhibited or screened more than the number of times specified in the conditional cultural exemption rules; and (f) the information, about the relevant material, that is prescribed by the conditional cultural exemption rules is given, in the manner and form prescribed by the conditional cultural exemption rules, to the persons present at the relevant showing; and (g) the conditions (if any) specified in the conditional cultural exemption rules are satisfied; the relevant material is subject to a conditional cultural exemption, but only in relation to the relevant showing. 6D Registered events An event is a registered event if: (a) the event wholly or mainly involves, or wholly or mainly relates to, one or more of the following: (i) the display or screening of films; (ii) the display or demonstration of computer games; (iii) the display or exhibition of publications; and (b) the films, computer games, or publications (as the case may be) referred to in paragraph (a) are of a medical, scientific, educational, cultural or artistic character; and (c) the event is organised by an organisation that has, in relation to the event, completed the registration process prescribed by the conditional cultural exemption rules; and (d) the organisation has, in relation to the event, paid the fee (if any) prescribed by the conditional cultural exemption rules; and (e) the conditions (if any) specified in the conditional cultural exemption rules are satisfied. 6E Conditional cultural exemptions—approved cultural institutions If: (a) a publication, film or computer game (the relevant material) is demonstrated, exhibited or screened (the relevant showing) by an approved cultural institution; and (b) the relevant material, if it were to be classified, would not be likely to be classified RC, X 18+ or Category 2 restricted; and (c) in the case of relevant material that, if it were classified, would be likely to be classified M or MA 15+—persons aged under 15 years are not present at the relevant showing unless accompanied by an adult; and (d) in the case of relevant material that, if it were classified, would be likely to be classified R 18+ or Category 1 restricted—only persons aged 18 years and over are present at the relevant showing; and (e) the information, about the relevant material, that is prescribed by the conditional cultural exemption rules is given, in the manner and form prescribed by the conditional cultural exemption rules, to the persons present at the relevant showing; and (f) the conditions (if any) specified in the conditional cultural exemption rules are satisfied; the relevant material is subject to a conditional cultural exemption, but only in relation to the relevant showing. 6F Approved cultural institutions (1) An organisation is an approved cultural institution if: (a) the organisation was formed wholly or mainly for the purpose of carrying on activities of an educational, cultural or artistic nature; and (b) the organisation wholly or mainly carries on activities of an educational, cultural or artistic nature; and (c) the organisation has a sound reputation in relation to the carrying on of those activities; and (d) 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 (e) the organisation has satisfied the training requirements prescribed by the conditional cultural exemption rules; and (f) the organisation has paid the fee (if any) prescribed by the conditional cultural exemption rules; and (g) the conditions (if any) specified in the conditional cultural exemption rules are satisfied. (2) An organisation is an approved cultural institution if: (a) the organisation is a government body; and (b) 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 (c) the organisation has satisfied the training requirements prescribed by the conditional cultural exemption rules; and (d) the organisation has paid the fee (if any) prescribed by the conditional cultural exemption rules; and (e) the conditions (if any) specified in the conditional cultural exemption rules are satisfied. 6G Conditional cultural exemption rules The Minister may, by legislative instrument, make rules (the conditional cultural exemption rules) prescribing matters: (a) required or permitted by this Division to be prescribed by the conditional cultural exemption rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Division. 6H Modifications etc. in relation to this Division (1) The Director may, if the Director considers it appropriate to do so: (a) 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 (b) 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. (2) An exemption or declaration under subsection (1) may only be made on application by the relevant organisation. (3) An application under subsection (2) must: (a) be in a form approved, in writing, by the Director; and (b) be accompanied by the prescribed fee (if any). (4) An exemption or declaration under subsection (1): (a) must be in writing; and (b) is not a legislative instrument. (5) The Director may, by legislative instrument: (a) 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 (b) 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. (6) Applications may be made to the Administrative Review Tribunal for review of decisions of the Director under subsection (1). Division 3—Films classified under certain other Acts 6HA Certain films classified under certain other Acts are taken to be classified under this Act (1) A film is taken to have been classified by the Board under this Act if: (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 (b) 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. Note 1: This Act does not apply to the broadcasting of the film: see section 92. Note 2: The deemed classification by the Board is reviewable under Part 5. The post‑classification publisher may also seek to have the film reclassified under Part 2: see section 6HB. (2) The film is taken to have the same classification as the classification under the Broadcasting Services Act 1992, the Australian Broadcasting Corporation Act 1983 or the Special Broadcasting Service Act 1991 that occurred most recently before the post‑classification publisher proposes to publish the film. (3) The classification under this Act takes effect: (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 (aa) 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 (b) otherwise—at the time the post‑classification publisher provides a notice of the classification under subsection (4). Notice of classification (4) A notice for the purposes of paragraph (3)(b) must: (a) include details of the classification and the post‑classification publisher; and (b) be in a form approved by the Secretary of the Department. Exceptions (5) Subsection (1) does not apply to a film if: (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 (b) the film contains an advertisement that has been refused approval under this Act. 6HB Reclassification of films taken to be classified by the Board If: (a) 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 (c) the classification of the film has not been reviewed under Part 5; and (d) film has not been reclassified under Part 4 or reclassified under Part 2 due to a previous operation of this section; then, despite any other provision of this Act, the film may be reclassified under Part 2. Part 2—Classification Division 1—Preliminary 6J Simplified outline of this Part There are different types of classifications for publications, films and computer games. The Minister may determine markings for each type of classification, as well as principles about the display of markings and of consumer advice for classified material. Classified material, and advertisements for classified material, must display markings and consumer advice in accordance with the Minister's determination. It is an offence to use markings for classifications in particular circumstances. A publication, film or computer game may be classified: (a) by the Classification Board, on application; or (b) if there is an approved classification tool for the publication, film or computer game—by the operation of the approved classification tool. A film or computer game may also be classified by an accredited person. Consumer advice must be determined for each classified film or computer game. Consumer advice may be determined for certain publications and must be determined for a publication classified by the operation of an approved classification tool. If a film or computer game is modified in specified ways and is then classified in unmodified form, both the modified and unmodified forms of the film or computer game have the same classification from that time. If a classified film or computer game is modified, the film or computer game, as modified, becomes unclassified unless specified exceptions apply. A classified film or computer game must have its classification revoked by the Board in certain circumstances. The Director of the Board may require publishers of certain unclassified publications, films and computer games to apply for classification of that material in certain circumstances. It is an offence to fail to comply with such a requirement. Publications, films and computer games that are classified by the Board must be issued with a classification certificate. Applications may be made to the Director for a certificate for publications, films and computer games that are classified by the operation of an approved classification tool. 7 Types of classifications (1) The following are the different types of classifications for publications in ascending order: Unrestricted Category 1 restricted Category 2 restricted RC Refused Classification. (2) The following are the different types of classifications for films in ascending order: G General PG Parental Guidance M Mature MA 15+ Mature Accompanied R 18+ Restricted X 18+ Restricted RC Refused Classification. (3) The following are the different types of classifications for computer games in ascending order: G General PG Parental Guidance M Mature MA 15+ Mature Accompanied R 18+ Restricted RC Refused Classification. (4) In subsections (1) to (3), text that is not in bold is included by way of explanation and does not form part of the classification. 8 Determined markings and consumer advice (1) The Minister may, by legislative instrument, determine: (a) markings for each type of classification giving information about the classification; and (b) principles relating to the display of the markings; and (c) principles relating to the display of consumer advice for publications, films and computer games. (1A) Without limiting paragraph (1)(b), the Minister may determine principles relating to the manner in which the markings are to be displayed. (1B) Without limiting paragraph (1)(c), the Minister may determine principles relating to the manner in which consumer advice is to be displayed. (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. (3A) Each of the following must display markings and consumer advice in accordance with any determinations under this section: (a) a classified film; (b) a classified computer game; (c) a classified publication; (d) an advertisement for such a film, computer game or publication. Note: Provisions dealing with the consequences of not displaying markings and consumer advice in accordance with a determination under this section are to be found in complementary laws of the States and Territories. (3B) Subsection (3A) applies to: (a) a film, computer game or publication; or (b) an advertisement for a film, computer game or publication; (the relevant material) where: (c) the publisher of the relevant material is a constitutional corporation; or (d) the relevant material is published in the course of, or in relation to, constitutional trade or commerce; or (e) 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 (f) 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 (g) the relevant material is published in a Territory or in a Commonwealth place. 8AA Use of markings in relation to goods other than films etc. Using a determined marking in relation to certain goods (1) A person commits an offence if: (a) the person, in trade or commerce, uses a marking in relation to goods; and (b) the marking is a determined marking; and (c) the goods are not: (i) 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. Penalty: 20 penalty units. Using a determined marking in relation to certain services (2) A person commits an offence if: (a) the person, in trade or commerce, uses a marking in relation to a service; and (b) the marking is a determined marking; and (c) 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. Penalty: 20 penalty units. Selling etc. certain goods with a determined marking (3) A person commits an offence if: (a) a determined marking is used in relation to goods; and (b) the person does any of the following with the goods: (i) imports them into Australia for sale; (ii) sells them; (iii) offers them for sale; (iv) lets them on hire; and (c) the goods are not: (i) 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. Penalty: 20 penalty units. Extended meaning of determined marking (4) For the purposes of this section, a determined marking includes a marking so closely resembling a determined marking as to be likely to be mistaken for it. Constitutional reach (5) This section has effect only if one or more of the following paragraphs applies: (a) the conduct constituting the offence occurs to any extent outside Australia; (b) the conduct constituting the offence occurs within a Territory or a Commonwealth place; (c) the goods belong to a constitutional corporation; (d) the person is a constitutional corporation; (e) the goods are provided in the course of, or intended for, constitutional trade or commerce; (f) the conduct constituting the offence is for the purposes of constitutional trade or commerce; (g) 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). 8A Notice about classifications The Minister may, in writing, approve a form for a notice about classifications. Note: Provisions that require sellers and exhibitors of classified material to display a notice about classifications where the material is sold or exhibited can be found in complementary laws of the States and Territories. 9 Classification in accordance with the Code Subject to section 9A, publications, films and computer games are to be classified in accordance with the Code and the classification guidelines. 9A Refused Classification for publications, films or computer games that advocate terrorist acts (1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC. (2) Subject to subsection (3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if: (a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or (b) 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 (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act. (3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire. (4) In this section: terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur). Note: The definition of terrorist act in that section covers actions or threats of actions. 11 Matters to be considered in classification The matters to be taken into account in making a decision on the classification of a publication, a film or a computer game include: (a) the standards of morality, decency and propriety generally accepted by reasonable adults; and (b) the literary, artistic or educational merit (if any) of the publication, film or computer game; and (c) the general character of the publication, film or computer game, including whether it is of a medical, legal or scientific character; and (d) the persons or class of persons to or amongst whom it is published or is intended or likely to be published. 12 Classification guidelines (1) The Minister may, with the agreement of each participating Minister, determine guidelines to assist in applying the criteria in the Code. (2) The Minister must cause a copy of the guidelines to be published in the Gazette. (3) If the Minister and each participating Minister agree to an amendment of the guidelines, the guidelines are taken to be amended accordingly. (4) If the guidelines are amended, the Minister must cause a copy of the amended guidelines to be published in the Gazette. 12A Board to determine list of consumer advice terms (1) The Board may, by legislative instrument, determine: (a) a list of consumer advice terms, to be used in determining consumer advice for a film or computer game; and (b) guidelines to assist in the use of such terms. (2) A determination under subsection (1) must not commence before the day that is 3 months, or such longer period prescribed by the regulations, after the day the determination is registered under the Legislation Act 2003. 12B Films consisting only of classified films Despite any other provision of this Act, a film: (a) that is contained on one device; and (b) that consists only of 2 or more classified films; is to be treated, for the purposes of this Act, as if each of the classified films were on a separate device. 12C Considered form of publication, film or computer game to be final In classifying a publication, film or computer game under this Act, assume that the publication, film or game will be published only in the form in which it is considered for classification. 12D Classification of publications, films or computer games containing advertisements (1) A publication must not be classified if it contains an advertisement that has been refused approval. (2) An unclassified film (the first film) or unclassified computer game (the first game) must not be classified if it: (a) 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 (b) contains an advertisement for an unclassified film or unclassified computer game: (i) 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 (ii) the likely classification of which has not been assessed in accordance with section 31 or under section 33; or (c) contains an advertisement that has been refused approval. (3) Subsection (1) or (2) does not prevent a publication, film or computer game from being classified by the Board if the application for the classification is an enforcement application. Division 2—Classification by the Board Subdivision A—Classification on application to the Board 12E Classification of publications, films and computer games by the Board A person may apply to the Board for the classification of a publication, film or a computer game for the Australian Capital Territory. 13 Applications for classification of publications (1) An application for classification of a publication (other than an enforcement application—see section 22A) must be: (a) in writing; and (b) made in a form approved by the Director in writing; and (c) signed by or on behalf of the applicant; and (d) accompanied by: (i) the prescribed fee for that category of publication; and (ii) a copy of the publication. Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A. (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. 13A Conditions of certain classifications for publications (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. 14 Applications for classification of films General rules (1) An application for classification of a film (other than an enforcement application—see section 22A) must be: (a) in writing; and (b) made in a form approved by the Director in writing; and (c) signed by or on behalf of the applicant; and (d) accompanied by: (ia) a copy of the film; and (i) the prescribed fee for that category of film; and (ii) 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. Note: For an applicant that is the Commonwealth or a Commonwealth entity: see section 91A. (2) An application for classification of a film may be accompanied by a copy of any advertisement that is proposed to be used to advertise the film. Additional rule for films comprising computer generated images (4) If: (a) 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 (b) 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. (4A) Subsection (4) does not apply to an application for the classification of a film if the application is made only because the film became unclassified under section 21 because of a modification that consists only of a change to the title of the film. Additional rules for films comprising classified films, exempt films and additional content (5) If: (a) an application is for classification of a film that comprises: (i) one or more classified films and additional content; or (ii) one or more classified films, one or more exempt films and additional content; or (iii) one or more exempt films and additional content; and (b) 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 (c) 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. (6) An assessment under subsection (5) must: (a) if the film includes one classified film—describe, and report on the impact of, any classifiable elements in the add