Australian Capital Territory

Classification of Publications (Amendment) Ordinance (No. 3) 1994
No. 5 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 21 June 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 (No. 3) 1994.1
Commencement
2.  This Ordinance commences on the day on which it is notified in the Gazette.
Principal Ordinance
3.  In this Ordinance, “Principal Ordinance” means the Classification of Publications Ordinance 1983.2
Interpretation—computer games
4.  Section 3A of the Principal Ordinance is amended by omitting from paragraph (2) (b) “, ‘R (18+)’ or ‘X (18+)’ ”.
Approval of computer game classification by Censorship Board
5.  Section 25A of the Principal Ordinance is amended—
	(a)	by omitting subsections (3) and (4) and substituting the following subsection:
“(3)  The Censorship Board shall refuse to approve the classification of a computer game where the Board is satisfied that the game is unsuitable for viewing or playing by a minor.”;
	(b)	by omitting from paragraphs (8) (a) and (b) “, ‘MA (15+)’, ‘R (18+)’ or ‘X (18+)’ ” and substituting “or ‘MA (15+)’ ”;
	(c)	by adding at the end of paragraph (8) (b) “or”;
	(d)	by omitting from paragraph (8) (c) “, ‘R (18+)’ or ‘X (18+)’ ”; and
	(e)	by omitting paragraphs (8) (d) and (e).
Approval of computer game classification following demonstration
6.  Section 26AA of the Principal Ordinance is amended—
	(a)	by inserting in subsection (1) (a) “(3),” after “25A”;
	(b)	by adding at the end of subparagraph (1) (b) (iii) “or”; and
	(c)	by omitting subparagraphs (1) (b) (v) and (vi).
Application for review—classifications and advertising approvals
7.  Section 28AB of the Principal Ordinance is amended—
	(a)	by omitting paragraph (3) (b) and substituting the following paragraph:
	“(b)	except in the case of the Attorney-General, accompanied by—
	(i)	in relation to a film or advertising matter in relation to a film—$50 or such other fee as is determined under section 60; or
	(ii)	in relation to a computer game or advertising matter in relation to a computer game—the determined fee; and”; and
	(b)	by adding at the end the following subsections:
“(5)  A fee of $50 is to be taken to have been payable for an application made on or after 1 April 1985 and before the date of commencement of the Classification of Publications (Amendment) Ordinance (No. 3) 1994 under this section in relation to a film or advertising matter in relation to a film.
“(6)  Where, before the date of commencement of the Classification of Publications (Amendment) Ordinance (No. 3) 1994, a payment of $50 was made with respect to an application under this section in relation to a film or advertising matter in relation to a film, that payment is to be taken to have been made in discharge of the obligation to pay that amount under subsection (5).”.
Conditions applying to classified computer games
8.  Section 35A of the Principal Ordinance is amended—
	(a)	by omitting subsections (2) and (3);
	(b)	by adding at the end of paragraph (5) (c) “or”; and
	(c)	by omitting paragraphs (5) (d), (e) and (f) and substituting the following paragraph:
	“(d)	in the case of a computer game classified as an ‘MA (15+)’ computer game—the advertised computer game is classified.”.
Computer games with “X (18+)” and “R (18+)” classifications
9.  Where, before the date of commencement of this Ordinance, a computer game was classified with an “X (18+)” or “R (18+)” classification, the game shall be taken to have been refused classification as from the date of commencement of this Ordinance.

Notes
1.  Notified in the Commonwealth of Australia Gazette on  22 June 1994.
2.  Reprinted as at 11 April 1994.