Classification (Publications, Films and Computer Games) Amendment Regulations 2008 (No. 1)1

Select Legislative Instrument 2008 No. 199

I, QUENTIN BRYCE, GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Classification (Publications, Films and Computer Games) Act 1995.

Dated 3 October 2008

QUENTIN BRYCE

GovernorGeneral

By Her Excellency’s Command

BOB DEBUS

Minister for Home Affairs

1 Name of Regulations

  These Regulations are the Classification (Publications, Films and Computer Games) Amendment Regulations 2008 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Classification (Publications, Films and Computer Games) Regulations 2005

  Schedule 1 amends the Classification (Publications, Films and Computer Games) Regulations 2005.

Schedule 1 Amendments

(regulation 3)

 

[1] Paragraph 7 (1) (c)

substitute

 (c) the fee for a film, other than a film for public exhibition or a film to which paragraph (d), (e), (f) or (g) or subregulation (1B) applies, is the amount mentioned in an item in Part 3 of Schedule 1 for a film of the running time mentioned in the item; and

[2] After subregulation 7 (1)

insert

 (1A) For subparagraph 14 (1) (d) (i) and subsection 22A (2) of the Act, and subject to regulation 19, the fee for a film mentioned in subregulation (1B) is the amount mentioned in an item in Division 1A of Part 3 of Schedule 1 for a film with the duration of extra content mentioned in the item.

 (1B) For subregulation (1A), the film is a film, other than a film for public exhibition, that:

 (a) comprises 1 or more classified films or certified exempt films; and

 (b) has extra content not submitted with an assessment of additional content by an additional content assessor.

 (1C) In subregulation (1A):

duration of extra content means the running time of the whole film minus the running time of the classified film or certified exempt film.

Note   If a film comprises 1 or more classified films and certified exempt films, the running time of both types of films are to be deducted from the running time of the whole film when calculating a fee under subregulation 7 (1A).

[3] Subregulation 9 (1)

substitute

 (1) Subregulations (2) and (3) apply to an application under section 14 of the Act for classification of a film, other than a film for public exhibition, if it is accompanied by:

 (a) the priority processing fee mentioned in Division 3 of Part 3 of Schedule 1; and

 (b) the applicable fee for classification of the film mentioned in Part 3 of Schedule 1.

[4] After subregulation 9 (1)

insert

 (1A) Subregulations (2) and (3) apply to an application under section 17 of the Act for classification of a computer game if it is accompanied by:

 (a) the applicable fee for classification of the computer game mentioned in Part 4 of Schedule 1; and

 (b) the priority processing fee mentioned in Division 4 of Part 4 of Schedule 1.

[5] Subregulation 9 (3), notes 1 and 2

substitute

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

[6] Schedule 1, Part 2, heading

substitute

Part 2 Fee for classification of a film for public exhibition

(paragraphs 7 (1) (a) and (b))

[7] Schedule 1, Part 3, heading

substitute

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

(paragraphs 7 (1) (c) to (g) and subregulations 7 (1A) and 9 (1))

[8] Schedule 1, Part 3, after Division 1

insert

Division 1A Applications for classification of previously classified or certified exempt films with extra content not lodged under the Additional Content Assessor Scheme

 

Item

Duration of extra content

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

Note   Duration of extra content is defined in subregulation 7 (1C).

[9] Schedule 1, Part 3, Division 2, item 1

after

Title change

insert

 — paragraph 7 (1) (d)

[10] Schedule 1, Part 3, Division 2, item 2

omit

7 (e)

insert

7 (1) (e)

[11] Schedule 1, Part 3, Division 2, item 3

omit

7 (f) and (g)

insert

7 (1) (f) and (g)

[12] Schedule 1, Part 4, heading

substitute

Part 4 Fee for classification of a computer game

(regulation 8 and subregulation 9 (1A))

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.