Services for Enforcement Agencies
- What services are available to enforcement agencies?
- What is an application for classification?
- What is an Evidentiary Certificate?
- Court proceedings
- Customs seizures
What services are available to enforcement agencies?
Generally, the Classification Board provides services to enforcement agencies where films, publications or computer games have been seized and where the:
- classification of a film, computer game or publication is unclear.
For example, an expert decision is needed to determine whether or not a film, computer game or publication is in the Refused Classification (RC) type as officers in the enforcement agency (and trained in classification) consider it to be “borderline”.
- classification of material is needed for prosecuting an offence under State and Territory Classification enforcement legislation.
For example, the sale of unclassified X 18+ or RC films.
Classification Enforcement Nominees in your State or Territory
Before proceeding with an application for classification or an evidentiary certificate, you should contact the Classification Enforcement Nominee in your State or Territory. These contacts are available in the Enforcement Package.
Download the Enforcement Package:
Enforcement agency applications for classification
Where the services of the Classification Board are required, the enforcement agency will need to lodge an application for classification for a film, computer game or publication. This may also include an application for an evidentiary certificate that relates to a film, computer game or publication with the Classification Board.
Download the Enforcement Application Form:
Important note: An application for an evidentiary certificate is made by ticking the ‘yes’ box in either question 2A or 2B in the Enforcement Application Form.
What is an application for classification?
An application for classification results in the Classification Board granting a classification decision based on the provisions of the:
- National Classification Code
- Guidelines for the Classification of Films and Computer Games 2005
- Guidelines for the Classification of Publications 2005
- Classification (Publications, Films and Computer Games) Act 1995
The decision is provided on a Classification Certificate.
Classifications for films
Classifications for films are:
- Advisory (G, PG and M)
- Restricted (MA 15+, R 18+ and X 18+)
- Refused Classification (RC)
Classifications for publications
Classifications for publications are:
- Unrestricted
- Unrestricted – Mature
- Restricted – Category 1
- Restricted – Category 2
- Refused Classification (RC)
To find out more, visit the Attorney-General's Department website.
What is an Evidentiary Certificate?
An application for an evidentiary certificate results in a certificate that is able to be tendered in court that describes the action taken (or not taken) by the Classification Board in relation to a film, computer game or publication.
Important note: An application for an evidentiary certificate is made by ticking the ‘yes’ box in either question 2A or 2B in the Enforcement Application Form.
To find out more, go to the Enforcement Applications page.
Court proceedings
The Classification Board provides a classification service under the Classification Act. The Board can also provide evidentiary certificates under section 87 of the Classification Act as evidence of classifications decisions.
For enforcement agencies, it is the evidentiary certificate issued under section 87 of the Classification Act that may form part of a prosecution case.
Neither Classification Operations Branch staff, nor Classification Board members will attend court proceedings. Enforcement agencies must ensure that any prosecution cases take into account and acknowledge that Classification Certificates and section 87 evidentiary certificates are the only service the Classification Board can provide.
Customs seizures
Customs seizures are treated in the same manner as other enforcement applications.
Australian Customs Service officers intending to submit material to the Classification Board should in the first instance, contact the Exemptions Officer within the Classification Operations Branch directly to seek advice on the requirements for submitting materials.
Please contact the Exemptions Officer on:
- Telephone: (02) 9289 7100
- Email: enquiries@classification.gov.au