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Enforcement applications

How to apply for a classification decision or Evidentiary Certificate

There are certain legislative requirements under the Classification Act that must be observed when submitting an enforcement application for classification (including an Evidentiary Certificate).

Applications for classification must be:

  • in writing
  • made in a form approved by the Director of the Classification Board
  • signed by, or on behalf of, the applicant
  • accompanied by a copy of the publication, film or computer game.

Before you apply

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, which also contains examples of a Classification Certificate and an Evidentiary Certificate.

Download the Enforcement Package:

Completing an enforcement application

It is important that each step of the application form is completed correctly. Failure to do so may result in delays in receiving a classification decision.

You need to provide one application form per item of material you wish to have viewed by the Classification Board. If you only send one application form for multiple titles, your applications will be delayed, pending receipt of individual application forms for each title to be classified.

An application for an evidentiary certificate is made by ticking the 'yes' box in either question 2A or 2B in the Enforcement Application Form.

For step-by-step assistance in completing your application, see the Need help in completing your Application?

Enforcement application form

Download the enforcement application form:

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Submitting material to the Classification Board with an application

Applications for classification and accompanying material should be either:

  • delivered directly to the Classification Board

    Direct deliveries are to be made via the Classification Branch. See the contact us page for more information.
  • sent by registered post or secure courier services.

Upon receipt of any evidentiary material, the Classification Branch will enter the details into a register, issue a goods receipt and store the material in a secure facility. Other than when the material is being viewed by the Classification Board, all material is held in a secure facility, until returned to the applicant.

How to ensure material provided for classification is returned

Due to the nature of the material that is submitted, it is preferable that Sydney metropolitan enforcement agencies arrange for collection of material in person.

Regional and interstate jurisdictions will have material returned to them via registered post.

Turnaround times for an application

The Classification Board will classify enforcement applications as soon as possible and generally within 20 working days after the date of receipt. However, if an urgent classification is required please contact the Senior Applications Officer and discuss your requirements.

Classification fees for State and Territory law enforcement

The Classification (Publications, Films and Computer Games) Regulations 2005, provide each State and Territory with 100 free ‘eligible documents’ each calendar year if the request for the eligible document relates to the enforcement of State and Territory laws for the purposes of the classification scheme.

What is an eligible document?

An eligible document is:

  • an application for the classification of a publication, film or computer game
  • a copy of a classification certificate or of a notice of classification decision under section 26 of the Classification Act
  • an evidentiary certificate issued under section 87 of the Classification Act.

Exceeding the 100 free eligible document quota

If a State or Territory exceeds the 100 free eligible documents quota within a calendar year, any subsequent applications will attract the following fees.

50 per cent of the prescribed fee in the Regulations, for:

  • the classification of a publication, film or computer game, or
  • a copy of a classification certificate or of a notice of classification decision.

The full prescribed fee in the Regulations, for:

  • an evidentiary certificate issued under section 87 of the Classification Act.

If a fee applies to the enforcement application, you do not have to include the fee with your application. An invoice will be issued to your Local Area Command (LAC).

Please refer to the fees for classifiaction section for more information about prescribed fees for classification services.

Notification of decisions

The Director of the Classification Board must issue a classification certificate for each publication, film or computer game classified by the Board.

A classification certificate will include the following information:

  • production details of the publication, film or computer game
  • the classification decision granted by the Board
  • any consumer advice (not applicable for Refused Classification (RC) materials)
  • the date the certificate was issued.

If you have applied for an evidentiary certificate, you will receive a certificate that includes the following information:

  • production details of the publication, film or computer game
  • the action taken, or not taken by the Classification Board in relation to the product
  • reasons for the Board’s decision under the National Classification Code
  • the date of action taken by the Board in relation to the product.

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Need help in completing your application?

There are five sections to the Enforcement Application Form. Each is explained below.

Step 1: Classification database check

Generally, the Classification Board (the Board) cannot classify an identical publication, film or computer game twice unless it is unable to ascertain from its records whether the items are in fact identical. Therefore, it is important to determine whether the material you intend to submit for classification has a previous record. This is especially important when submitting commercially available adult films for prosecution under State and Territory classification enforcement legislation.

The Classification website contains a classification database that allows users to search for previous classification decisions. When searching the database to check an items classification history you should:

  • try variations of the title
  • verify the production details (producer, director and production company)
  • verify the format of the item, and
  • verify the duration of the item.

Although a previous record for an item may appear on the database, the version you intend to submit may be different. This is especially relevant for adult films previously classified on VHS and later released on DVD with additional material. Addition or deletion of material will mean that the film is a new version of a previous record and therefore likely to be unclassified. You must include the file number(s) of any publication, film or computer game that has been previously classified. If you are unable to ascertain whether the product you intend to submit is identical to a previously classified item you should indicate the file number(s) anyway.

Step 2: Type(s) of application

As an enforcement applicant, you will be applying under section 22A or section 87 of the Classification Act. If the product you intend to submit is identical to a previously classified product, you will only need to apply for an evidentiary certificate under section 87 of the Classification Act. Remember, the Classification Board will generally not classify an identical product twice. An evidentiary certificate under section 87 of the Act describes action taken, or not taken, under the Classification Act. There are three variations of an evidentiary certificate available. Which one you choose will usually depend on the classification history of the product you are submitting. The first two relate to products with previous classification decisions.

1. A certificate stating that the classification, title and version of a publication, film or computer game are unchanged since classification, based on:

  1. a title cross check with the records of the previous classification; and
  2. a confirmatory viewing of the publication, film or computer game.

You should request this evidentiary certificate if you are unsure whether the product you intend to submit is identical to a previously classified item.

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. You should request this evidentiary certificate if you are sure that the product you intend to submit is identical to a previously classified item.

3. A certificate describing a publication, film or computer game in relation to which action has been taken, or not taken, under the Act. The third type of evidentiary certificate relates to products with no previous classification and will generally be issued along with a classification certificate. You should request this evidentiary certificate if you are submitting an unclassified product for classification. Be sure to indicate that you also require classification for enforcement purposes in Step 2b) of the application form.

Example of classification and evidentiary certificates can be found in the enforcement package.

Step 3: Details

The details of the product submitted, indicated on the application form, will appear on your classification and evidentiary certificate. Therefore, it is important that you provide accurate information so that any certificate issued relates directly to material tendered to the court. For commercial product you should indicate the full title and any volume or number if in a series. For material seized from a hard drive or CD ROM you should use the State Electronic Evidence Branch (S.E.E.B) Job Number or similar police reference or evidence number. Titles such as 'CD ROM containing child pornography', 'Untitled' or internet searchable file names are unacceptable. The application title should not include any reference to a person's name or address under any circumstances, as all classification decisions made by the Classification Board are made available on a public database.

Step 4: Applicant details

Once your application has been finalised the classification certificate and / or evidentiary certificate will be forwarded to the address details indicated. Please ensure that you provide a contact name and accurate postal address. Please provide a phone and fax number for yourself and equivalent details for an alternative contact within your organisation. These numbers are essential in the event the Classification Board or its support staff from the Classification Branch need to contact you about the application. If you do not work at a single location please provide a mobile phone contact number and/or an email address.

Part 5: Certification

You must sign and date the application form in order for it to be valid under the Classification (Publications, Films and Computer Games) Act 1995.

Multiple items for classification

Each completed application form will result in a classification and / or evidentiary certificate. If you are submitting multiple items and require certificates for each, you must complete an application form for each item. Multiple items submitted under a single application form will be classified as a single publication, film or computer game. You should discuss this with your jurisdictions' classification enforcement nominee (identified for each jurisdiction in the downloadable enforcement package) to determine how this might affect a prosecution.

Need more help?

For more information or assistance, please contact the Senior Applications Officer on:

Related Information

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