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Classification Board and Classification Review Board Annual reports 2009-10 Appendices

Classification Board and Classification Review Board Annual reports 2009-10 Appendices

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Appendix one: Classification Board statistics

Table 21 Decisions by format/source
 

Decisions

Commercial applications

 

Film (public exhibition)

422

Film (not for public exhibition)

3,967

Film (not for public exhibition) – ACA

129

Film (not for public exhibition) – ATSA

265

Computer games

1,055

Publications

225

Serial publication declarations

59

Assessment of likely classification – film

53

Assessment of likely classification – computer games

5

Other applications

 

Internet content

258

Enforcement (including Australian Customs and Border Protection Service)

195

Film festival exemptions

511

Fee waiver applications

34

Total

7,178

 
Table 22 Applications received by format/source
 

Applications received

Commercial applications

 

Film (public exhibition)

425

Film (not for public exhibition)

3,983

Film (not for public exhibition) – ACA

141

Film (not for public exhibition) – ATSA

271

Computer games

1,101

Publications (excluding serial publications)

228

Serial publication declarations

63

Assessment of likely classification – film

55

Assessment of likely classification – computer games

5

Other applications

 

Internet content

257

Enforcement (including Australian Customs and Border Protection Service)

220

Film festival exemptions

518

Fee waiver applications

35

Total

7,302

 
Table 23 Timeliness of decisions on commercial applications by application type

Application type

Decisions made within statutory time limit

Standard applications over 20 business days

Priority applications over 5 business days

Film (public exhibition)

422

0

0

Film (not for public exhibition)

3,967

0

0

Film (not for public exhibition) – ACA

129

0

0

Film (not for public exhibition) – ATSA

265

0

0

Computer games

1,055

0

0

Publications (including serial declarations)

284

0

0

Assessment of likely classification – film

53

0

0

Assessment of likely classification – computer games

5

0

0

Internet content

258

0

0

Total

6,438

0

0

% of total

100

0

0

 
Table 24 Overdue applications by reason for delay

Reason

Number

Workflow delay

0

Administrative error

0

Total

0

 
Table 25 Commercial (single issue) publications decisions by classification

Classification

Classification decisions

Unrestricted

77

Category 1 restricted

116

Category 2 restricted

29

RC

3

Total

225

 
Table 26 Commercial (single issue) publications applications refused classification by reason

Reason(7)

Number

Publications RC 1(a)

1

Publications RC 1(b)

1

Publications RC 1(c)

0

Publications RC 1(a) & 1(b)

1

Total

3

 
Table 27 Serial publication declarations by classification

Reason

Declarations granted

Unrestricted

7

Category 1 restricted

48

Category 2 restricted

4

RC

0

Total

59

 
Table 28 Commercial films (public exhibition) decisions by classification

Classification

Classification decisions

G

42

PG

99

M

185

MA 15+

91

R 18+

5

RC

0

Total

422

 
Table 29 Commercial film (not for public exhibition) decisions by classification

Classification

Classification decisions

G

775

PG

923

M

1,087

MA 15+

690

R 18+

153

X 18+

714

RC

19

Total

4,361

 
Table 30 Commercial Film (not for public exhibition) applications refused classification by reason

Reason(8)

Number

Films RC 1(a)

17

Films RC 1(b)

0

Films RC 1(c)

0

Films RC 1(a) & 1(b)

2

Total

19

 
Table 31 Commercial computer games decisions by classification

Classification

Classification decisions

G

621

PG

246

M

108

MA 15+

76

RC

4

Total

1,055

 
Table 32 Commercial computer games applications refused classification by reason

Reason(9)

Number

Games RC 1(a)

2

Games RC 1(b)

0

Games RC 1(c)

0

Games RC 1(d)

2

Games RC 1(a) & 1 (b)

0

Total

4

 
Table 33 Fee waivers granted

Fee waivers granted

Film (public exhibition)

 

Full fee waiver

22

50% fee waiver

0

75% fee waiver

0

Fee waiver refused

0

Film (not for public exhibition)

 

Full fee waiver

11

50% fee waiver

0

75% fee waiver

0

Fee waiver refused

0

Computer game

 

Full fee waiver

0

50% fee waiver

0

75% fee waiver

0

Fee waiver refused

0

Publications

 

Full fee waiver

1

50% fee waiver

0

75% fee waiver

0

Fee waiver refused

0

Total

34

 
Table 34 Enforcement applications decisions by agency

Enforcement agency

Publications

Films –other

Section 87 certificates(10)

Total

Australian Federal Police

0

0

0

0

ACT Office of Fair Trading

0

1

8

9

NSW Police

6

27

46

79

NT Police

0

0

1

1

Qld Police & Qld Office of Fair Trading

0

0

0

0

Victoria Police

1

45

44

90

SA Police

2

0

3

5

Tasmania Police

0

0

0

0

WA Police

0

1

1

2

Australian Defence Forces Investigative Services (ADFIS)

0

0

0

0

Australian Customs and Border Protection Service

0

5

4

9

Total

9

79

107

195

 
Table 35 Internet content decisions by classification

Classification

Classification decisions

G

4

PG

43

M

31

MA 15+

43

R 18+

48

X 18+

10

RC

78

Unrestricted

1

Total

258

 
Table 36 Internet content refused classification by reason

Reason

Number

Film RC 1(a)

34

Film RC 1(b)

4

Film RC 1(c)

14

Film RC 1(a) & 1(b)

21

Film RC 1(a) & 1(c)

4

Section 9A(2)(c)

1

Total

78

Exemptions to show unclassified films

During 2009–10, the Director granted exemptions to 510 applicants, allowing them to show certain unclassified films at specific events. One application for exemption to show an unclassified film was refused.

Appendix two: National Classification Code

National Classification Code

  1. Classification decisions are to give effect, as far as possible, to the following principles:
    • (a) adults should be able to read, hear and see what they want;
    • (b) minors should be protected from material likely to harm or disturb them;
    • (c) everyone should be protected from exposure to unsolicited material that they find offensive;
    • (d) the need to take account of community concerns about:
      • (i) depictions that condone or incite violence, particularly sexual violence; and
      • (ii) the portrayal of persons in a demeaning manner.

Publications

  1. Publications are to be classified in accordance with the following table:

Item

Description of publication

Classification

1

Publications that:

(a) describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified; or

(b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or

(c) promote, incite or instruct in matters of crime or violence

RC

2

Publications (except RC publications) that:

(a) explicitly depict sexual or sexually related activity between consenting adults in a way that is likely to cause offence to a reasonable adult; or

(b) depict, describe or express revolting or abhorrent phenomena in a way that is likely to cause offence to a reasonable adult and are unsuitable for a minor to see or read

Category 2 restricted

3

Publications (except RC publications and Category 2 restricted publications) that:

(a) explicitly depict nudity, or describe or impliedly depict sexual or sexually related activity between consenting adults, in a way that is likely to cause offence to a reasonable adult; or

(b) describe or express in detail violence or sexual activity between consenting adults in a way that is likely to cause offence to a reasonable adult; or

(c) are unsuitable for a minor to see or read

Category 1 restricted

4

All other publications

Unrestricted


Films

  1. Films are to be classified in accordance with the following table:

Item

Description of film

Classification

1

Films that:

(a) depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified; or

(b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be , a child under 18 (whether the person is engaged in sexual activity or not); or

(c) promote, incite or instruct in matters of crime or violence

RC

2

Films (except RC films) that:

(a) contain real depictions of actual sexual activity between consenting adults in which there is no violence, sexual violence, sexualised violence, coercion, sexually assaultive language, or fetishes or depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers, in a way that is likely to cause offence to a reasonable adult; and

(b) are unsuitable for a minor to see

X 18+

3

Films (except RC films and X 18+ films) that are unsuitable for a minor to see

R 18+

4

Films (except RC films, X 18+ films and R 18+ films) that depict, express or otherwise deal with sex, violence or coarse language in such a manner as to be unsuitable for viewing by persons under 15

MA 15+

5

Films (except RC films, X 18+ films, R 18+ films and MA 15+ films) that cannot be recommended for viewing by persons who are under 15

M

6

Films (except RC films, X 18+ films, R 18+ films, MA 15+ films and M films) that cannot be recommended for viewing by persons who are under 15 without the guidance of their parents or guardians

PG

7

All other films

G


Computer games

  1. Computer games are to be classified in accordance with the following table:

Item

Description of computer game

Classification

1

Computer games that:

  1. (a) depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified; or
  2. (b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or
  3. (c) promote, incite or instruct in matters of crime or violence; or
  4. (d) are unsuitable for a minor to see or play

RC

2

Computer games (except RC computer games) that depict, express or otherwise deal with sex, violence or coarse language in such a manner as to be unsuitable for viewing or playing by persons under 15

MA 15+

3

Computer games (except RC and MA 15+ computer games) that cannot be recommended for viewing or playing by persons who are under 15

M

4

Computer games (except RC, MA 15+ and M computer games) that cannot be recommended for viewing or playing by persons who are under 15 without the guidance of their parents or guardians

PG

5

All other computer games

G

Glossary

Term/abbreviation

Explanation

3D

Three dimensional

ACMA

Australian Communications and Media Authority

ACA Scheme

Additional Content Assessor Scheme

Advertising Scheme

The Advertising of Unclassified Films and Computer Games Scheme

APS

Australian Public Service

ATSA Scheme

Authorised Television Series Assessor Scheme

BOSS

Business Operations Support System. An electronic information management system for processing applications and material for classification by the Classification Board and Classification Review Board.

Business Online

An online applications system which allows business clients to track their applications for classification of films, computer games or publications

BSA

Broadcasting Services Act 1992 (Cth)

Call in

The Director of the Classification Board may call in publications if he/she has reasonable grounds to believe they are submittable publications and that they are being published in an Australian State or Territory.

The Director of the Classification Board may also call in films and computer games if he/she has reasonable grounds to believe they are not exempt and that they are being published in an Australian State or Territory.

Censorship Ministers

Commonwealth, State and Territory Ministers with responsibility for classification; meetings are held in conjunction with SCAG

Classification Act

Classification (Publications, Films and Computer Games) Act 1995 (Cth)

Classification Board

Statutory body established under the Classification Act. The Classification Board classifies computer games, films and certain publications

Classification Board member

A statutory appointee to the Classification Board established under the Classification Act

Classification guidelines

Guidelines on the application of the National Classification Code, approved by Ministers with responsibility for classification. There are the Guidelines for the Classification of Films and Computer Games and the Guidelines for the Classification of Publications

Classification Review Board

Statutory body established under the Classification Act. The Classification Review Board is a part-time statutory body convened, as required, to review decisions made by the Board

Classification Review Board member

Statutory appointee to the Classification Review Board under the Classification Act

COB

The Classification Operations Branch of the Attorney-General’s Department. COB officers provide administrative support to the Classification Board and Classification Review Board

COBRA

Classification Operations Branch Records Administration (COBRA) is a classification workflow management system

Community Liaison Scheme (CLS)

A scheme that assists retailers and distributors of publications, films and computer games to comply with their legal obligations under the national classification scheme

Code, the

The National Classification Code

Computer games classifications

G

PG

M

MA 15+

RC

 

General

Parental guidance recommended

Recommended for mature audiences

Not suitable for people under 15. Under 15s must be accompanied by a parent or adult guardian

Refused Classification

Consumer advice

The Classification Board and Classification Review Board determine consumer advice for films, computer games and certain publications. Films classified PG, M, MA 15+, R 18+ and X 18+, and computer games classified PG, M and MA 15+ must be assigned consumer advice. Consumer advice gives the principal elements that contributed to the classification of the product and indicates the intensity and/or frequency of those elements. The Classification Board and the Classification Review Board may also provide consumer advice to films and computer games classified G, and publications classified Unrestricted

Convenor

Member of the Classification Review Board who is responsible for the management of the Classification Review Board’s business

Customs

Australian Customs and Border Protection Service

Deputy Convenor

Member of the Classification Review Board who may exercise some of the Convenor’s powers in the Convenor’s absence

Deputy Director

Full-time member of the Classification Board who may exercise some of the Director’s powers in the Director’s absence

Determined markings

Classification symbols, descriptions and consumer advice lines, as determined by the Director as set out in the Classifications (Markings for Publications) Determination 2007, the Classification (Markings for Films and Computer Games) Determination 2007, and the Classification (Markings for Certified Exempt Films and Computer Games) Determination 2007

Director

Full-time member of the Classification Board responsible for the management of the Classification Board.

Exemptions to show an unclassified film at an event

An organisation may apply to the Director of the Classification Board for exemption from State and Territory classification enforcement legislation to screen an unclassified film at an event. A person may also apply for an exemption.

Exempt computer game

A computer game exempt from classification requirements as defined by section 5B of the Classification Act

Exempt film

A film exempt from classification requirements as defined by section 5B of the Classification Act

Fee waiver

The waiving of classification application fees by the Director in specific circumstances, as provided by the Classification Act

Film (including video, DVD and other media storage devices) classifications

G

PG

M

MA 15+

R 18+

X 18+

RC

 

General

Parental guidance recommended

Recommended for mature audiences

Not suitable for people under 15. Under 15s must be accompanied by a parent or adult guardian

Restricted to 18 years and over

Restricted to 18 years and over

Refused Classification

FMA Act

Financial Management and Accountability Act 1997 (Cth)

FOI Act

Freedom of Information Act 1982 (Cth)

FOI

Freedom of information

Guidelines

Legislative instruments which provide direction on the application of the National Classification Code, approved by Ministers with responsibility for classification. Separate guidelines exist for the classification of films and computer games and publications.

IMAX

Large format film (70mm) compatible with 3D technology

Industry assessors

Persons authorised by the Director to make recommendations to the Classification Board on the classification and consumer advice for:

computer games that are likely to be classified G, PG or M; or

additional content accompanying previously classified or exempt film/s on DVD or other media storage devices; or

certain television series released on DVD or other media storage devices.

There are also industry assessors who are authorised to assess the likely classification of unclassified films and/or computer games for advertising purposes.

National Classification Scheme

A cooperative Commonwealth, State and Territory regulatory scheme for classification of films, computer games and certain publications

National Classification Code (the Code)

A code that sets out how films, computer games and certain publications are to be classified

Office of Film and Literature Classification (OFLC)

Former Commonwealth agency in the Attorney-General’s portfolio that provided administrative support to the Classification Board and the Classification Review Board

Prescribed areas

All land held under the Aboriginal Land Rights Act (Northern Territory) 1976 (Cth), community living areas and areas declared to be prescribed by the Minister for Families, Community Services and Indigenous Affairs under the Northern Territory Emergency Response Act 2007 (Cth)

Prohibited Exports Regulations

Customs (Prohibited Exports) Regulations 1958 (Cth)

Prohibited Imports Regulations

Customs (Prohibited Imports) Regulations 1956 made under section 50 of the Customs Act 1901 (Cth); Regulation 4A relates to the importation of publications (including films and computer games and other goods)

PSP

The PlayStation Portable (PSP) hand held computer game console

Publications classifications

Unrestricted

Category 1 restricted

Category 2 restricted

RC

Unrestricted

Not available to persons under 18 years

Not available to persons under 18 years

Refused Classification

SCAG (Censorship)

Committee comprising Commonwealth, State and Territory Ministers with responsibility for classification. In most jurisdictions this is the Attorney-General, except in the Commonwealth where the Minister is the Minister for Home Affairs

Senior Classifier

Full-time senior member of the Classification Board

Serial classification declaration

A declaration issued by the Classification Board on the classification and any conditions that apply to issues of a periodical for a specified period

Standing Committee of Attorneys-General (SCAG)

Committee comprising the Attorneys-General of the Commonwealth, States and Territories

Submittable publication

An unclassified publication that is unsuitable for a minor to see or read, and likely to cause offence to a reasonable adult to the extent that the publication should not be sold or displayed as an unrestricted publication


Footnotes

(7) The reason for refusing a publication classification refers to the relevant item of the National Classification Code.

(8) The reason for refusing a film classification refers to the relevant item of the National Classification Code.

(9) The reason for refusing a computer game classification refers to the relevant item of the National Classification Code.

(10) A section 87 certificate is an evidentiary certificate that describes the action taken, or not taken, by the Classification Board in relation to a publication or film. This evidentiary certificate is issued under section 87 of the Classification Act.

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