Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015
made under paragraph 20A(2)(e) and subsection 21(3) of the
Classification (Publications, Films and Computer Games) Act 1995
Compilation No. 2
Compilation date: 14 March 2024
Includes amendments: F2024L00299
Registered: 4 April 2024
About this compilation
This compilation
This is a compilation of the Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015 that shows the text of the law as amended and in force on 14 March 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name
This instrument is the Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015.
3 Definitions
In this instrument:
Act means the Classification (Publications, Films and Computer Games) Act 1995.
original film means a film before it is subject to the modification concerned.
Note: For the meaning of Board, classified and film see section 5 of the Act.
4 Prescribed films modifications
Modifications of unclassified films that are later classified
(1) For the purposes of paragraph 20A(2)(e) of the Act—modifications of a kind prescribed under section 5 are covered by subsection 20A(2) of the Act.
Note 1: If a film is modified and is classified in unmodified form at a later time, and the modification is of a kind covered by subsection 20A(2) of the Act, the modified film is taken from that later time to have the same classification as the classified film.
Note 2: Section 20A of the Act applies in relation to films classified on or after 1 January 2013, regardless of when the film was modified.
Classified films that are later modified
(2) For the purposes of subsection 21(3) of the Act—subsection 21(1) of the Act does not apply to modifications of a kind prescribed under section 5.
Note 1: If a classified film is modified, the modified film becomes unclassified when the modification occurs, except if subsections 21(2) or (3) of the Act applies.
Note 2: Section 21 of the Act applies in relation to films classified on or after 1 January 2013.
5 Rule for modifications of films
(1) Subject to subsection (2), a modification to a film is prescribed by this subsection if the modification consists of:
(a) a black and white film that has been changed to colour in full or in part (or vice versa); or
(b) a film in analogue format that has been converted to a digital format (or vice versa); or
(c) any other format change; or
(d) colour grading, visual effects or audio level changes; or
(e) omitting footage or audio present in the original film.
(2) Subsection (1) does not apply to a modification that:
(a) adds any footage, or audio not included in the original film; or
(c) is likely to cause the film, as modified, to be given a different classification to the original film.
Note: Subsection 5(2) does not affect the operation of modifications covered by paragraphs 20A(2)(a), (b), (c) or (d), or 21(2)(a), (b), (ba), (c), or (d) of the Act.
6 Rule does not prevent classification of modified films
(1) Section 5 does not apply to a modified film if:
(a) an application to classify a modified film has been made to the Board; or
(b) an approved classification tool is used to produce a decision for the film as modified and the decision would be taken to be a decision of the Board but for the operation of section 5; or
(c) an accredited person has classified a modified film under section 22K of the Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
A = Act | o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) | Reg = Regulation/Regulations |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislative Instruments | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Classification (Publications, Films and Computer Games) (Modifications of Films) Instrument 2015 | 1 July 2015 (F2015L01079) | 1 July 2015 (s 2) | |
Classification (Publications, Films and Computer Games) (Modifications of Films) Amendment Instrument 2018 | 24 January 2018 (F2018L00055) | 25 January 2018 (s 2) | — |
Classification (Publications, Films and Computer Games) Legislation Amendment Instrument 2024 | 13 Mar 2024 (F2024L00299) | Sch 2: 14 Mar 2024 (s 2) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 5..................... | am F2018L00055 |
s 6..................... | am F2024L00299 |
| ed C2 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Paragraph 6(1)(b)
Kind of editorial change
Change to punctuation
Details of editorial change
Schedule 2 item 1 of the Classification (Publications, Films and Computer Games) Legislation Amendment Instrument 2024 provides as follows:
1 Paragraph 6(1)(b)
After “section 5”, insert “; or”.
This amendment results in the text “; or.” at the end of paragraph 6(1)(b).
This compilation was editorially changed to omit the full stop in paragraph 6(1)(b) to correct the punctuation.