Australian Capital Territory

Classification of Publications (Amendment) Ordinance 1994
No. 1 of 1994
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated 11 February 1994.
	BILL HAYDEN
	Governor-General
By His Excellency’s Command,
	M  LAVARCH
Attorney-General

An Ordinance to amend the Classification of Publications  Ordinance 1983
Short title
1.  This Ordinance may be cited as the Classification of Publications (Amendment) Ordinance 1994.1
Commencement
2.  (1)  Section 1 and this section commence on the day on which this Ordinance is notified in the Gazette.
(2)  The remaining provisions commence on a day fixed by the Minister by notice in the Gazette.
Principal Ordinance
3.  In this Ordinance, “Principal Ordinance” means the Classification of Publications Ordinance 1983.2
Interpretation
4.  Section 3 of the Principal Ordinance is amended—
	(a)	by inserting in the definition of “advertising matter” in subsection (1) “or computer game” after “film” (first occurring);
	(b)	by inserting in the definition of “advertising matter” in subparagraph (1) (a) (i) “or computer game” after “film”;
	(c)	by inserting in the definition of “advertising matter” in subsection (1) “or computer game” after “film” (third occurring);
	(d)	by inserting in the definition of “advertising matter” in paragraph (1) (b) “or computer game” after “film” (wherever occurring);
	(e)	by inserting in the definition of “objectionable publication” in subsection (1) “or computer game” after “film”;
	(f)	by inserting in the definition of “publication” in subsection (1) 
“, computer game” after “film” (first occurring);
	(g)	by inserting in the definition of “publication” in subsection (1) 
“or computer game” after “film” (last occurring); and
	(h)	by inserting in subsection (1) the following definitions:
“ ‘bulletin board’ means a system of electronically stored information accessible by computer through the use of the telecommunications network;
‘computer game’ has the meaning given by section 3A;
‘computer generated image’ means electronically recorded data capable, by means of an electronic device, of being produced on a television screen, liquid crystal display or similar medium as an image (including an image in the form of text);
‘computer program’ means a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result;
‘contentious’, in relation to a computer game, means any game play a reasonable adult person would consider unsuitable for viewing or playing by a person under the age of 15 years;
‘demonstrate’ includes exhibit, display, screen, play or make available for playing;
‘entertainment’ includes activity undertaken for the purpose of diversion, recreation, competition or leisure;
‘telecommunications network’ means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both;”.
Insertion
5.  After section 3 of the Principal Ordinance the following section is inserted:
Interpretation—computer games
“3A.  (1)  In this Ordinance, subject to subsection (2)—
‘computer game’ means—
	(a)	a computer program, with or without associated data, capable of generating a display on a television screen, liquid crystal display or similar medium; or
	(b)	a computer generated image;
intended for the entertainment of the user.
“(2)  A reference in this Ordinance to a computer game does not include a reference to—
	(a)	a bulletin board; or
	(b)	a business, accounting, professional, scientific or educational computer program or computer generated image, unless the program or image contains a computer game which would, if classified, be classified with an ‘MA (15+)’, ‘R (18+)’ or ‘X (18+)’ classification, or be refused classification.”.
Heading to Division 1, Part III
6.  The heading to Division 1 of Part III of the Principal Ordinance is amended by inserting “or computer games” after “films”.
Interpretation
7.  Section 17 of the Principal Ordinance is amended by adding at the end “or computer game”.
Heading to Division 2, Part III
8.  The heading to Division 2 of Part III of the Principal Ordinance is amended by inserting “and computer games” after “Films”.
Interpretation
9.  Section 22A of the Principal Ordinance is amended—
	(a)	by inserting in subparagraph (a) (i) “or computer game” after “film”; and
	(b)	by inserting in subparagraph (a) (ii) “or computer game” after “film”.
Application for classification
10.  Section 23 of the Principal Ordinance is amended—
	(a)	by inserting in subsection (1) “or computer game” after “film”; and
	(b)	by inserting after subsection (2) the following subsections:
“(2A)  An application for the classification of a computer game shall be—
	(a)	in accordance with a form approved by the Chief Censor;
	(b)	in writing signed by or on behalf of the applicant stating the following particulars:
	(i)	the title of the game;
	(ii)	the year of production;
	(iii)	the publisher;
	(iv)	the country of origin;
	(v)	a description of game play;
	(c)	accompanied by the determined fee;
	(d)	where any game play is likely to be contentious—accompanied by a video tape recording of that game play; and
	(e)	if the Chief Censor so requires—accompanied by a copy of any advertising matter relating to the computer game.
“(2B)  If the applicant is of the opinion that the game would, if classified, be classified with a ‘G’, ‘G (8+)’ or ‘M (15+)’ classification, 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 Chief Censor for the purpose, including—
	(a)	a recommended classification of the game; and
	(b)	consumer advice appropriate to the game.
“(2C)  Where the Chief Censor or the Censorship Board disagrees with the recommended classification, the Chief Censor shall give a written notice to the applicant—
	(a)	stating the particulars of the disagreement; and
	(b)	requesting the applicant to make a written submission to the Chief Censor or the Censorship Board within 14 days.
“(2D)  Where the Chief Censor notifies an applicant under subsection (2C), a decision shall not be made concerning the application until—
	(a)	a written submission is received from the applicant within 14 days after the notice was given; or
	(b)	a period of 14 days has elapsed after the notice was given.”.
Insertion
11.  After section 23 of the Principal Ordinance the following sections are inserted:
Production of computer games for classification
“23AA.  (1)  Where the Chief Censor is of the opinion that—
	(a)	a computer game is likely to contain contentious material; and
	(b)	the computer game is being or will be published, distributed or sold in the Territory;
the Chief Censor may, by notice in writing given to the publisher or distributor of the game, require the publisher or distributor to submit an application in accordance with section 23 for classification of the game.
“(2)  A person to whom a notice under subsection (1) is given shall comply with the notice within 3 business days after the notice is given.
Penalty:  $2,000.
“(3)  An offence against subsection (2) is 1 of strict liability.
“(4)  In this section—
‘business day’ means a day other than a Saturday, Sunday or public holiday.
Power under other laws
“23AB.  The Chief Censor may exercise a power conferred on him or her by a law of a State or the Northern Territory that corresponds to section 23AA.”.
Screening of films and demonstration of computer games
12.  Section 24 of the Principal Ordinance is amended—
	(a)	by omitting subsections (1) and (1A) and substituting the following subsections:
“(1)  For the purposes of this Division, the Chief Censor may require—
	(a)	a film that is the subject of an application for classification to be screened; or
	(b)	a computer game that is the subject of an application for classification to be demonstrated.
“(1A)  Where the Chief Censor requires a film to be screened or a computer game to be demonstrated, the Chief Censor may require the applicant to lodge a copy of the film or computer game with the Censorship Board.”;
	(b)	by inserting in subsection (2) “or the demonstration of a computer game” after “film”;
	(c)	by omitting subsections (3) and (4) and substituting the following subsections:
“(3)  Where the Chief Censor requires a film to be screened or a computer game to be demonstrated, the film or computer game shall be screened or demonstrated as and when required by a Censor.
“(4)  The Chief Censor may require the applicant for classification of a computer game to demonstrate that computer game.
“(4A)  A screening or demonstration shall be carried out at the risk of the applicant for classification.”;
	(d)	by omitting from subsection (5) “, the person who applied for classification of the film” and substituting “or a demonstration of a computer game, the applicant for classification”; and
	(e)	by inserting in subsection (6) “or computer game” after “film”.
Insertion
13.  After section 25 of the Principal Ordinance the following section is inserted:
Approval of computer game classification by Censorship Board
“25A.  (1)  Where the Censorship Board decides that a computer game—
	(a)	is not an objectionable publication; and
	(b)	is not unsuitable for viewing or playing by a minor;
the Board shall approve the classification of the computer game—
	(c)	as a ‘G’ computer game, where it is of the opinion that the computer game is suitable for all ages;
	(d)	as a ‘G (8+)’ computer game, where it is of the opinion that the computer game cannot be recommended for viewing or playing by persons under the age of 8 years; or
	(e)	as an ‘M (15+)’ computer game, where it is of the opinion that the computer game cannot be recommended for viewing or playing by persons under the age of 15 years.
“(2)  Subject to this section, the Censorship Board shall approve the classification of a computer game as an ‘MA (15+)’ computer game where it decides that the computer game depicts, expresses or otherwise deals with sex, violence or coarse language in such a manner as to make the computer game unsuitable for viewing or playing by persons under the age of 15 years.
“(3)  Subject to this section, where the Censorship Board decides that a computer game—
	(a)	depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that is likely to cause offence to a reasonable adult person; or
	(b)	is unsuitable for viewing or playing by a minor;
the Board shall approve the classification of the computer game as an 
‘R (18+)’ computer game.
“(4)  Subject to this section, where the Censorship Board decides that a computer game—
	(a)	explicitly depicts sexual activity between adults, where there is no sexual violence, coercion or non-consent of any kind in a way that is likely to cause offence to a reasonable adult person; or
	(b)	is unsuitable for viewing or playing by a minor;
the Board shall approve the classification of the computer game as an 
‘X (18+)’ computer game.
“(5)  The Censorship Board shall refuse to approve the classification of a computer game where the Board is satisfied that the computer game depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a manner that it offends against the standards of morality, decency and propriety generally accepted by reasonable adult persons to the extent that it should not be classified.
“(6)  The Censorship Board shall refuse to approve the classification of a computer game that—
	(a)	depicts a child (whether engaged in sexual activity or otherwise) who is, or who is apparently, under the age of 16 years in a manner that is likely to cause offence to a reasonable adult person; or
	(b)	promotes, incites or instructs in matters of crime or violence.
“(7)  Where a computer game includes a trailer advertising an unclassified computer game, the Censorship Board shall refuse to approve the classification of the computer game.
“(8)  Where a computer game includes a trailer advertising a classified computer game, the Censorship Board shall not approve the classification of the computer game—
	(a)	as a ‘G’ computer game if the advertised computer game is classified as a ‘G (8+)’, ‘M (15+)’, ‘MA (15+)’, ‘R (18+)’ or 
‘X (18+)’ computer game;
	(b)	as a ‘G (8+)’ computer game if the advertised computer game is classified as an ‘M (15+)’, ‘MA (15+)’, ‘R (18+)’ or ‘X (18+)’ computer game;
	(c)	as an ‘M (15+)’ computer game if the advertised computer game is classified as an ‘MA (15+)’, ‘R (18+)’ or ‘X (18+)’ computer game;
	(d)	as an ‘MA (15+)’ computer game if the advertised computer game is classified as an ‘R (18+)’ or ‘X (18+)’ computer game; or
	(e)	as an ‘R (18+)’ computer game if the advertised computer game is classified as an ‘X (18+)’ computer game.
“(9)  Where the Censorship Board approves the classification of a computer game, the Board shall determine the consumer advice that shall apply to that computer game.”.
Insertion
14.  After section 26 of the Principal Ordinance the following section is inserted:
Approval of computer game classification following demonstration
“26AA.  (1)  Where a computer game is demonstrated before a member of the Censorship Board or a Deputy Censor, the member or Deputy Censor shall—
	(a)	if he or she is of the opinion that the computer game is a computer game of the kind referred to in subsection 25A (5) or (6)—refer the application for classification to the Chief Censor; or
	(b)	in any other case approve the classification of the computer game—
	(i)	as a ‘G’ computer game, where he or she is of the opinion that the computer game is a computer game of the kind referred to in paragraph 25A (1) (c);
	(ii)	as a ‘G (8+)’ computer game, where he or she is of the opinion that the computer game is a computer game of the kind referred to in paragraph 25A (1) (d);
	(iii)	as an ‘M (15+)’ computer game, where he or she is of the opinion that the computer game is a computer game of the kind referred to in paragraph 25A (1) (e);
	(iv)	as an ‘MA (15+)’ computer game, where he or she is of the opinion that the computer game is a computer game of the kind referred to in subsection 25A (2);
	(v)	as an ‘R (18+)’ computer game, where he or she is of the opinion that the computer game is a computer game of the kind referred to in subsection 25A (3);
	(vi)	as an ‘X (18+)’ computer game, where he or she is of the opinion that the computer game is a computer game of the kind referred to in subsection 25A (4);
or refer the application for classification to the Chief Censor.
“(2)  Where a member of the Censorship Board or a Deputy Censor refers an application for classification to the Chief Censor under subsection (1), the Chief Censor shall cause the computer game to be demonstrated before the Censorship Board.”.
Conditions applying to the classification of films and computer games
15.  Section 26A of the Principal Ordinance is amended—
	(a)	by inserting in subsection (1) “or computer game” after “film” (first occurring); and
	(b)	by inserting in paragraphs (1) (a), (b) and (c) “or computer game” after “film” (wherever occurring).
Classification following approval
16.  Section 27 of the Principal Ordinance is amended by inserting “or computer game” after “film” (wherever occurring).
Advertising matter
17.  Section 28 of the Principal Ordinance is amended by inserting in paragraphs (2) (a) and (b) “or computer game” after “film”.
Notice—classifications and advertising approvals
18.  Section 28AA of the Principal Ordinance is amended—
	(a)	by inserting in paragraphs (1) (a), (b), (c) and (e) “or computer game” after “film”; and
	(b)	by inserting in subsection (2) “or computer game” after “film” (wherever occurring).
Application for review—classifications and advertising approvals
19.  Section 28AB of the Principal Ordinance is amended—
	(a)	by inserting in subsection (1) “, a computer game” after “film” (first occurring);
	(b)	by inserting in subsection (1) “or computer game” after “film” (second occurring);
	(c)	by inserting in paragraph (1) (b) “, computer game” after “film”; and
	(d)	by omitting from subsection (4) “for the classification of a film applies for the review of a decision about the film” and substituting “for classification applies for a review”.
Review—classifications and advertising approvals
20.  Section 28AC of the Principal Ordinance is amended by inserting in paragraph (1) (b) “or computer game” after “film”.
Initiation of review—previous decisions
21.  Section 28A of the Principal Ordinance is amended by inserting in paragraph (1A) (a) “or computer games” after “films”.
Prior notice—review of previous decisions
22.  Section 28B of the Principal Ordinance is amended—
	(a)	by inserting in subparagraphs (1) (b) (i) and (ii) “or computer game” after “film”;
	(b)	by inserting in paragraph (2) (c) “or computer game” after “film”; and
	(c)	by omitting from paragraph (2) (d) “of the film”.
Review—previous decisions
23.  Section 28C of the Principal Ordinance is amended—
	(a)	by inserting in paragraph (1) (b) “or computer game” after “film”;
	(b)	by omitting from paragraph (2) (b) “and” (last occurring);
	(c)	by inserting after paragraph (2) (b) the following paragraph:
	“(ba)	in the case of a computer game—to the criteria referred to in sections 25A and 34; and”; and
	(d)	by omitting from paragraph (2) (c) “relating to a film”.
Notice of decision—review of previous decisions
24.  Section 29 of the Principal Ordinance is amended by inserting in paragraph (1) (a) “or computer game” after “film”.
Application for further review—previous decisions
25.  Section 30 of the Principal Ordinance is amended by inserting in paragraph (1) (b) “, computer game” after “film”.
Further review—previous decisions
26.  Section 31 of the Principal Ordinance is amended by inserting in paragraph (1) (b) “or computer game” after “film”.
Declassification following modification
27.  Section 32 of the Principal Ordinance is amended—
	(a)	by inserting “or computer game” after “film” (first occurring); and
	(b)	by omitting “an unclassified film” and substituting “unclassified”.
Insertion
28.  After section 32 of the Principal Ordinance the following section is inserted:
Declassification of contentious computer games
“32A.  A computer game that has been classified becomes unclassified if it contains contentious material (whether available through use of a code or otherwise) that has not been brought to the attention of the Censorship Board either in the application or accompanying material or in a demonstration of the computer game.”.
Application of Division
29.  Section 33 of the Principal Ordinance is amended—
	(a)	by inserting “or computer game” after “film” (first occurring); and
	(b)	by inserting in paragraphs (a) and (b) “or computer game” after “film”.
Criteria for classification
30.  Section 34 of the Principal Ordinance is amended—
	(a)	by omitting from subsection (1) “or viewing” and substituting 
“, viewing or playing”;
	(b)	by omitting from paragraph (2) (a) “read and view” and substituting “read, hear and see”;
	(c)	by omitting from paragraph (2) (a) “and” (last occurring);
	(d)	by adding at the end of paragraph (2) (b) “and”;
	(e)	by adding at the end of subsection (2) the following paragraph:
	“(c)	the need to take account of community concerns about depictions which condone or incite violence, particularly sexual violence or the portrayal of persons in a demeaning manner.”;
	(f)	by omitting from subsection (3) “or viewing” and substituting 
“, viewing or playing”;
	(g)	by inserting in subsection (4) “or computer game” after “film”;
	(h)	by omitting from paragraph (4) (a) “and”;
	(j)	by adding at the end of paragraph (4) (b) “and”;
	(k)	by adding at the end of subsection (4) the following paragraph:
	“(c)	the classification guidelines.”;
	(m)	by inserting after subsection (4) the following subsections:
“(4A)  The Attorney-General may, with the agreement of each participating Minister, determine guidelines by notice published in the Gazette for the purposes of paragraph (4) (c).
“(4B)  If the classification guidelines are amended, the Attorney-General shall cause a copy of the guidelines as amended to be published in the Gazette.”;
	(n)	by inserting in subsection (5) the following definitions:
“ ‘classification guidelines’ means the guidelines in effect under subsection (4A);
‘participating Minister’ means the Minister of a State or Territory who is responsible for censorship matters where the State or Territory is a participant in a Commonwealth, State and Territory scheme for the classification of publications, films or computer games, but does not include such a Minister in relation to action to be taken under a provision of this Ordinance if—
	(a)	the action relates to a publication, film or computer game; 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;”; and
	(p)	by inserting in the definition of “publication” in subsection (5) “or computer game” after “film”.
Insertion
31.  After section 35 of the Principal Ordinance the following section is inserted:
Conditions applying to classified computer games
“35A. (1)  The following conditions apply in relation to the classification of a computer game that is classified as an ‘MA (15+)’ computer game:
	(a)	the game shall not be sold, let on hire or delivered to a person under the age of 15 years (other than by a parent or guardian of that person);
	(b)	the game shall not be demonstrated in a public place unless the container, wrapping and casing in which the computer game is contained bear the determined markings.
“(2)  The following conditions apply in relation to the classification of a computer game that is classified as an ‘R (18+)’ computer game:
	(a)	the game shall not be sold, let on hire or delivered to a minor (other than by a parent or guardian of that minor);
	(b)	the game shall not be demonstrated in a public place unless the advertising matter relating to it bears the determined markings.
“(3)  The following conditions apply in relation to the classification of a computer game that is classified as an ‘X (18+)’ computer game:
	(a)	the game shall not be sold, let on hire or delivered to a minor (other than by a parent or guardian of that minor);
	(b)	the game shall not be demonstrated, except in a restricted publications area within the meaning of the Publications Control Act 1989 of the Territory;
	(c)	the game shall not be sold, let on hire or demonstrated or delivered for or on sale or hire unless the computer game bears the prescribed markings or determined markings, as the case requires;
	(d)	the game shall not be delivered to a person who has not made a direct request for the computer game;
	(e)	the game shall not be delivered to a person unless it is contained in a package made of plain opaque material.
“(4)  A computer game classified as a ‘G’, ‘G (8+)’, ‘M (15+)’ or 
‘MA (15+)’ computer game shall not be demonstrated in a public place unless the advertising matter relating to it bears the determined markings.
“(5)  It is a condition in relation to the classification of a computer game that it shall not be sold, let on hire, demonstrated for sale or hire in a public place or demonstrated in a public place if, after classification, it has been edited to include a trailer advertising another computer game, unless—
	(a)	in the case of a computer game classified as a ‘G’ computer game—the advertised computer game is classified as a ‘G’ computer game;
	(b)	in the case of a computer game classified as a ‘G (8+)’ computer game—the advertised computer game is classified as a ‘G’ or 
‘G (8+)’ computer game;
	(c)	in the case of a computer game classified as an ‘M (15+)’ computer game—the advertised computer game is classified as a ‘G’, ‘G (8+)’ or ‘M (15+)’ computer game;
	(d)	in the case of a computer game classified as an ‘MA (15+)’ computer game—the advertised computer game is classified as a ‘G’, ‘G (8+)’, ‘M (15+)’ or ‘MA (15+)’ computer game;
	(e)	in the case of a computer game classified as an ‘R (18+)’ computer game—the advertised computer game is classified as a ‘G’, 
‘G (8+)’, ‘M (15+)’, ‘MA (15+)’ or ‘R (18+)’ computer game; or
	(f)	in the case of a computer game classified as an ‘X (18+)’ computer game—the advertised computer game is classified.
“(6)  The Chief Censor shall determine, by notice published in the Gazette, markings for the purposes of this section in relation to different classifications of computer games.
“(7)  In this section—
‘determined markings’, in relation to a computer game, means the markings determined under subsection (6) in relation to the classification given to that computer game.”.
Revocation of classification
32.  Section 36 of the Principal Ordinance is amended by inserting in paragraph (1) (c) “or computer game” after “film”.
	
NOTES
1.	Notified in the Commonwealth of Australia Gazette on 23 February 1994.
2.	Reprinted as at 31 August 1993.
note about section heading
On the day on which sections 1 and 2 of this Ordinance commence, in addition to any alteration of section headings indicated in the text of this Ordinance, the heading to section 23A of the Principal Ordinance is altered as set out in the following table:
 
Section	Alteration	
23A	Omit the heading, substitute the following heading:
Film applications—fees