These Regulations are the Classification (Publications, Films and Computer Games) Regulations 2005.

These Regulations commence on 1 December 2005.

(1) The Classification (Publications, Films and Computer Games) Regulations are repealed.

(2) Despite the repeal by these Regulations of regulation 12 of the Classification (Publications, Films and Computer Games) Regulations, that regulation as in force immediately before 1 December 2005 continues to apply until 31 December 2005 in relation to eligible documents within the meaning of that regulation.

4 Interpretation

(1) In these Regulations:

Act means the Classification (Publications, Films and Computer Games) Act 1995.

Assessed Computer Game — Level 1, in relation to an application for classification of a computer game, means an application that:

(a) is accompanied by an assessment of the game by an authorised person that indicates that the game should be given a classification other than G, PG or M; and

(b) is not an Assessed Computer Game — Level 2 application.

Assessed Computer Game — Level 2, in relation to an application for classification of a computer game, means an application that:

(a) is accompanied by an assessment of the game by an authorised person that indicates that the game should be given a classification other than G, PG or M; and

(b) if subsection 17 (2) of the Act applies — satisfies that subsection by means of paragraph 17 (2) (b) of the Act; and

Assessed Computer Game — Level 3, in relation to an application for classification of a computer game, means an application that is accompanied by an assessment of the game by an authorised person that indicates that the game should be given a classification of G, PG or M.

authorised person means a person authorised for subsection 17 (3) of the Act.

Computer Game — Level 1, in relation to an application for classification of a computer game, means an application that:

(a) is not accompanied by an assessment of the game by an authorised person; and

(b) is not a Computer Game — Level 2 application.

Computer Game — Level 2, in relation to an application for classification of a computer game, means an application that:

(a) is not accompanied by an assessment of the game by an authorised person; and

(b) if subsection 17 (2) of the Act applies — satisfies that subsection by means of paragraph 17 (2) (b) of the Act; and

Demonstrated Computer Game Level, in relation to an application for classification of, or a certificate in relation to, a computer game, means an application:

(a) that, under subsection 19 (2) or 28A (4) of the Act, is required to be demonstrated; or

(b) in respect of which the applicant has proposed, and the Board has accepted, that a demonstration before the Board be performed.

running time, in relation to a film, means the audio or visual content of a film measured in elapsed time from the first sound or image to the final sound or image.

State or Territory includes an authority of a State or Territory.

(2) A reference to revised publication is a reference to the alteration of a publication that has been classified by the subsequent replacement of any part of the content in respect of which the publication was classified.

(3) A reference to title change is a reference to the alteration of a film, publication or computer game that has been classified by the subsequent replacement of the title under which the film, publication or computer game was classified.

5 Fee for classification of publication

(1) For subparagraph 13 (1) (d) (i) and subsection 22A (2) of the Act, and subject to regulation 19, the fee in respect of a publication that, in relation to its number of pages, is specified in column 2 of an item in Part 1 of Schedule 1 is the amount prescribed in column 3 of the item.

(2) For subparagraph 13 (1) (d) (i) of the Act, the fee in respect of a publication that:

(a) is a revised publication; or

(b) has undergone a title change;

is the amount prescribed in column 3 of the item in Part 1 of Schedule 1 that applies to the publication.

6 Fee for declaration that classification applies to future issues of publication

For subsections 13 (3) and 22A (2) of the Act, and subject to regulation 19, the fee in respect of a declaration that the classification for an original issue of a periodical applies to one or more future issues is the amount prescribed in column 3 of item 1 in Part 8 of Schedule 1.

Note For classification of original and future issues of periodicals, see Classification (Serial Publications) Principles 2005.

7 Fee for classification of film

For subparagraph 14 (1) (d) (i) and subsection 22A (2) of the Act, and subject to regulation 19:

(a) the fee in respect of a film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 2 of Schedule 1, is the amount prescribed in column 3 of the item; and

(b) the fee in respect of a film for public exhibition that has undergone a title change is the amount prescribed in column 3 of the item in Part 2 of Schedule 1 that applies to the film; and

(c) the fee in respect of a film other than a film for public exhibition and that, in relation to its running time, is specified in column 2 of an item in Part 3 of Schedule 1, is the amount prescribed in column 3 of the item; and

(d) the fee in respect of a film other than a film for public exhibition that has undergone a title change is the amount prescribed in column 3 of the item in Part 3 of Schedule 1 that applies to the film.

8 Fee for classification of computer game

For paragraph 17 (1) (d) and subsection 22A (2) of the Act, and subject to regulation 19:

(a) the fee in respect of a category of computer game specified in column 2 of an item in Part 4 of Schedule 1 is the amount prescribed in column 3 of the item; and

(b) the fee in respect of a computer game that has undergone a title change is the amount prescribed in column 3 of the item in Part 4 of Schedule 1 that applies to the computer game.

9 Priority processing

(1) This regulation applies to an application under paragraph 7 (c) or (d) or regulation 8 that is accompanied by the priority processing fee prescribed, as applicable, by Part 3 or Part 4 of Schedule 1.

(2) The Board must:

(a) classify, or refuse to classify, the film or computer game; or

(b) determine that the film or computer game is, or is not, an exempt film or game;

within 5 business days after receiving all the material required to enable classification (or exemption).

(3) An amount equal to the priority processing fee paid must be returned to the applicant if subregulation (2) is not complied with.

Note 1 Sections 14 and 17 of the Act set out the requirements for making an application for classification of films and computer games.

Note 2 Subsection 26 (4) of the Act sets out when notice of a decision must be given to an applicant.

10 Fee for certain information

For section 27 of the Act, and subject to regulation 19, the fee for information of a kind specified in column 2 of an item in Part 5 of Schedule 1 is the amount prescribed in column 3 of the item.

11 Fee for certificate that film or computer game is exempt

For subparagraph 28A (2) (c) (i) of the Act:

(a) the fee in respect of an unclassified film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item; and

(b) the fee in respect of an unclassified film other than a film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item; and

(c) the fee in respect of a category of computer game specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item.

12 Fee for approval of advertisement

For paragraph 29 (2) (d) of the Act, the fee for an application for approval of an advertisement is the amount prescribed in column 3 of item 2 in Part 8 of Schedule 1.

13 Fee for certificate of exemption for film for advertising purposes

For paragraph 32 (2) (d) of the Act, the fee for a certificate of exemption for a film for advertising purposes is the amount prescribed in column 3 of item 3 in Part 8 of Schedule 1.

14 Fee for review of decision

For paragraph 43 (1) (d) of the Act, the fee for review of a decision is the amount prescribed in column 3 of item 4 in Part 8 of Schedule 1.

15 Partial refund of fee for application for classification

(1) If an applicant for classification of a publication, film or computer game withdraws the application before a decision has been made by the Board in relation to the application, the applicant may apply to the Director for a partial refund of the application fee paid.

Note Regulation 17 applies in relation to an application, for classification of a film other than a film for public exhibition or of a computer game, that is withdrawn by an applicant who has paid the fee and the priority processing fee in relation to the application.

(2) An application for partial refund of an application fee must:

(a) be in writing; and

(b) state the date on which the application for classification was made; and

(3) In determining the amount of the fee to be refunded (if any), the Director must have regard to the following:

(a) if the application for refund was made no later than 2 business days after the application for classification was made — the applicant is entitled to a full refund of the amount of the fee paid;

(b) if the application for refund was made in the period commencing 3 business days after the application for classification was made and ending at the end of 5 business days after the application for classification was made — the Director is entitled to retain $120 of the amount of the fee paid;

(c) if the application for refund was made 6 business days, or later, after the application for classification was made, and the Board has not made a decision in respect of that application for classification — the Director is entitled to retain $280 of the amount of the fee paid;

(d) in any other case — the applicant is not entitled to a refund of the amount of the fee paid.

(4) Within 28 days after receiving an application for refund, the Director must:

(a) determine the amount of the fee to be refunded to the applicant; and

(b) give written notice of the decision to the applicant.

16 Partial refund of fee for application for review

(1) This regulation applies in relation to an application for review made under subsection 42 (1) of the Act.

(2) An applicant under paragraph 42 (1) (b), (c) or (d) of the Act who decides to withdraw a review application may apply to the Director for a partial refund of the review fee paid by the applicant.

(3) An application for partial refund of a review fee must:

(a) be in writing; and

(b) state the date on which the application for classification was made; and

(4) In determining the amount of the review fee to be refunded, the Director must have regard to the following:

(a) if the application for refund was made no later than 2 business days after the application for review of a decision was made — the amount of the fee that the Director is entitled to retain is $1 600;

(b) if:

(i) the application for refund was made 3 business days, or later, after the application for review of a decision was made; and

(ii) the Review Board has not completely dealt with the application for review;

the amount of the fee that the Director is entitled to retain is $4 000;

(5) Within 28 days after receiving an application for refund, the Director must:

(a) determine the amount of the review fee to be refunded to the applicant; and

(b) give written notice of the decision to the applicant.

17 Fee for withdrawal of application for classification for which priority processing fee has been paid

(1) This regulation applies in relation to an application for classification of one of the following items that is accompanied by the priority processing fee prescribed, as applicable, by Part 3 or Part 4 of Schedule 1:

(a) a film other than a film for public exhibition;

(b) a film, other than a film for public exhibition, that has undergone a title change;

(d) a computer game that has undergone a title change.

Note Paragraphs 7 (c) and (d) and regulation 8 set out the prescribed fees in relation to the items mentioned in paragraphs (a) to (d).

(2) If the applicant elects to withdraw that application before a decision has been made by the Board in relation to the application, the applicant must tell the Director, in writing, of the election.

(3) An applicant making an election to withdraw may apply to the Director for a partial refund of the application for classification fee paid, but the applicant is not entitled to a refund of the priority processing fee paid.

(4) An application for a partial refund must:

(a) be in writing; and

(b) state the date on which the application for classification was made; and

(5) In determining the amount of the fee to be refunded, the Director must take into account that the amount of the fee that the Director is entitled to retain is $300.

(6) Within 28 days after receiving an application for refund, the Director must:

(a) determine the amount of the fee to be refunded to the applicant; and

(b) give written notice of the decision to the applicant.

18 Fee for issue of certificate

For section 87 of the Act, and subject to regulation 19, the fee for a certificate specified in column 2 of an item in Part 7 of Schedule 1 is the amount prescribed in column 3 of the item.

19 When certain fees are reduced or not payable

(1) In this regulation:

eligible document means:

(a) an application for the classification of a publication, film or computer game; or

(b) a copy of a classification certificate or of a notice under section 26 of the Act; or

(2) The fee for an eligible document is not payable by a State or Territory in a calendar year, if:

(a) the eligible document is requested by the State or Territory in relation to enforcement of a law of the State or Territory that complements the Act for the purposes of the scheme referred to in section 3 of the Act; and

(b) this subregulation has not applied previously in that calendar year in relation to the State or Territory to more than 100 eligible documents.

(3) If subregulation (2) has applied in a calendar year in relation to a State or Territory to 100 eligible documents, the fee payable by the State or Territory for an eligible document that:

(a) is of a kind referred to in paragraphs (a) or (b) of the definition of eligible document; and

(b) relates to enforcement of a law of the State or Territory to which paragraph (2) (a) refers; and

is 50% of the relevant fee prescribed in regulation 5, 7, 8 or 10 as the case requires.

(4) If subregulation (2) has applied in a calendar year in relation to a State or Territory to 100 eligible documents, the fee payable by the State or Territory for an eligible document that:

(a) is of the kind referred to in paragraph (c) of the definition of eligible document; and

(b) relates to enforcement of a law of the State or Territory to which paragraph (2) (a) refers; and

is the relevant fee prescribed in regulation 18.

Schedule 1 Fees

Part 1 Fee for classification of a publication

(regulation 5)

Division 1 Publications

Item	Number of pages	Fee ($)
1	0–76 pages	520
2	77–152 pages	590
3	153–252 pages	690
4	253–500 pages	890
5	501–800 pages	1 260
6	More than 800 pages	1 840

Division 2 Other

Item	Category	Fee ($)
1	Revised publication	210
2	Title change	360

Part 2 Fee for classification of a film for public exhibition

(paragraphs 7 (a) and (b))

Division 1 New application

Item	Duration of film	Fee ($)
1	0–60 minutes	990
2	61–120 minutes	1 830
3	121–180 minutes	2 300
4	181–240 minutes	2 860
5	More than 240 minutes	5 090

Division 2 Other

Item	Category	Fee ($)
1	Title change	600

Part 3 Fee for classification of a film other than a film for public exhibition

(paragraphs 7 (c) and (d) and regulation 9)

Division 1 New application

Item	Duration of film	Fee ($)
1	0–60 minutes	510
2	61–120 minutes	700
3	121–180 minutes	840
4	181–240 minutes	1 010
5	241–300 minutes	1 180
6	301–400 minutes	1 420
7	401–500 minutes	1 660
8	501–600 minutes	1 910
9	601–700 minutes	2 120
10	701–800 minutes	2 460
11	More than 800 minutes	3 160

Division 2 Other

Item	Category	Fee ($)
1	Title change	390

Division 3 Priority processing

Item	Category	Fee ($)
1	Priority processing	400

Part 4 Fee for classification of a computer game

(regulations 8 and 9)

Division 1 Computer game application types

Item	Category of computer game	Fee ($)
1	Computer Game — Level 1	2 040
2	Computer Game — Level 2	1 150
3	Assessed Computer Game — Level 1	810
4	Assessed Computer Game — Level 2	630
5	Assessed Computer Game — Level 3	470

Division 2 Computer game for which demonstration required or accepted

Item	Category of computer game	Fee ($)
1	Demonstrated Computer Game Level	1 070

Division 3 Other

Item	Category	Fee ($)
1	Title change	460

Division 4 Priority processing

Item	Category	Fee ($)
1	Priority processing	400

Part 5 Fee for information

(regulation 10)

Item	Category of information	Fee ($)
1	Copy of a classification certificate	90
2	Copy of a notice under section 26 of the Act	90

Part 6 Fee for exempt film or exempt computer game certificate

(regulation 11)

Division 1 Film for public exhibition

Item	Duration of film	Fee ($)
1	0–60 minutes	990
2	61–120 minutes	1 830
3	121–180 minutes	2 300
4	181–240 minutes	2 860
5	More than 240 minutes	5 090

Division 2 Film other than a film for public exhibition

Item	Duration of film	Fee ($)
1	0–60 minutes	510
2	61–120 minutes	700
3	121–180 minutes	840
4	181–240 minutes	1 010
5	241–300 minutes	1 180
6	301–400 minutes	1 420
7	401–500 minutes	1 660
8	501–600 minutes	1 910
9	601–700 minutes	2 120
10	701–800 minutes	2 460
11	More than 800 minutes	3 160

Division 3 Demonstration required or accepted

Item	Category of computer game	Fee ($)
1	Demonstrated Computer Game Level	1 070

Division 4 Demonstration not required or accepted

Item	Category of computer game	Fee ($)
1	Computer Game — Level 1	2 040
2	Computer Game — Level 2	1 150
3	Assessed Computer Game — Level 1	810
4	Assessed Computer Game — Level 2	630
5	Assessed Computer Game — Level 3	470

Part 7 Fee for evidentiary certificate under section 87 of Act

(regulation 18)

Item	Category of evidentiary certificate	Fee ($)
1	A certificate stating that the classification, title and version of a publication, film or computer game are unchanged since classification, based on: (a) a title cross-check with the records of the previous classification; and (b) a confirmatory viewing of the publication, film or computer game	1 410
2	A certificate confirming the classification and title of a publication, film or computer game that has been previously classified, based on a title cross-check with the records of the previous classification	710
3	A certificate describing a publication, film or computer game in relation to which action has been taken, or not taken, under the Act	710

Part 8 Other fees

(regulations 6, 12, 13 and 14)

Item	Category	Fee ($)
1	Fee for declaration that classification applies to future issues of publication	1 130
2	Fee for approval of advertisement	450
3	Fee for certificate of exemption for film for advertising purposes	510
4	Fee for review of decision	8 000