Appendix 4

Appendix 4

DEFINITIONS USED IN STATE LEGISLATION

VICTORIA - Classification (Publications, Films and Computer Games) (Enforcement) 1995

WESTERN AUSTRALIAN - Censorship Act 1996

NORTHERN TERRITORY - Classification of Publications, Film and Computer Games Act 1995

The Western Australian and Northern Territory Acts define "objectionable material" thus:

    (a) a film classified RC, a computer game classified RC or a refused publication; child pornography;

    (b) an article that promotes crime or violence, or incites or instructs in matters of crime or violence, or incites or instructs in matters of crime or violence; or

    (c) an article that describes or depicts, in a manner that is likely to cause offence to a reasonable adult -

      (i) the use of violence or coercion to compel a person to participate in, or submit to, sexual conduct;

      (ii) sexual conduct with or on the body of a dead person

      (iii) the use of urine or excrement in association with degrading or dehumanising conduct or sexual conduct;

      (iv) bestiality; or

      (v) acts of torture or the infliction of extreme violence or extreme cruelty;

    "restricted material" means an article that a reasonable adult, by reason of the nature of the article or the nature and extent of references in the article to matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena, would regard as unsuitable for a minor to see, read or hear.

    Material that is "classified" RC (publications, films or computer games) is described in the National Classification Code (a schedule to the Commonwealth Classification (Publications, Films and Computer Games) Act 1995. See pp 3-5 of this Appendix.

Victoria Classification (Publications, Films and Computer Games) (Enforcement) 1995

In the Victorian legislation—

"objectionable material" means—

    (a) an objectionable publication: or

    (b) an objectionable film; or

    (c) a computer game that—

      (i) depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be classified; or

      (ii) describes or depicts a person who is, or looks like, a minor under 16 engaging in sexual activity or depicted in an indecent sexual manner or context; or

      (iii) promotes, incites or instructs in matters of crime or violence; or

      (iv) is unsuitable for a minor to see or play; or

      (v) is classified RC or would, if classified, be classified RC.

 

SCHEDULE

NATIONAL CLASSIFICATION CODE

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

Publications are to be classified in accordance with the following Table:

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 minor who is, or who appears to be, under 16 (whether the minor 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

  

 

FILMS

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) depict in a way that is likely to cause offence to a reasonable adult a minor who is, or who appears to be, under 16 (whether or not engaged in sexual activity); or

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

 RC

 

COMPUTER GAMES

Description of computer game Classification
1. Computer games 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) depict in a way that is likely to cause offence to a reasonable adult a minor who is, or who appears to be, under 16 (whether or not engaged in sexual activity); or

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

    (d) are unsuitable for a minor to see or play.

 RC