CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995
- SECT 5
Definitions

In this Act, unless the contrary intention appears:

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).

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 an item of clothing advertising the publication, film or game;

but does not include:

(d): advertising for an exempt film or exempt computer game; 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.

adult means a person who is 18 or older.

Board means the Classification Board.

business day means a day other than a Saturday, Sunday or public holiday.

classification certificate means a certificate issued under section 25.

classified means classified under this Act.

Code means the National Classification Code, set out in the Schedule to this Act as originally enacted, as amended in accordance with section 6.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.

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.

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
(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 grant a certificate of exemption for a film; 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
(j): to revoke the classification of, or consumer advice for, a publication, film or computer game under section 22B; or
(k): to grant or refuse to grant a certificate under Division 6 of Part 2; or
(l): to revoke such a certificate.

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 by the Director under section 8.

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 5B, and includes a game for which a certificate is in force under Division 6 of Part 2.

exempt film has the meaning given by section 5B, and includes a film for which a certificate is in force under Division 6 of Part 2.

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.

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.

Review Board means the Classification Review Board.

submittable publication means an unclassified publication that, having regard 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:

(i): appears to be self-contained; and
(ii): is produced for viewing as a discrete entity; or

(b): a computer game that is produced for playing as a discrete entity;

but does not include an advertisement.

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