CHAPTER 1


CHAPTER 1

Introduction

1.1        On 15 February 2012, the Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Bill 2012 (Bill) was introduced into the House of Representatives by the Hon. Jason Clare MP, Minister for Justice and Minister for Home Affairs (Minister).[1] The provisions of the Bill were referred to the Legal and Constitutional Affairs Legislation Committee (committee) for inquiry and report by 16 March 2012.[2]  The Senate subsequently extended the reporting date to 21 March 2012.[3]

Background

1.2        In Australia, the availability of films and computer games is regulated by the National Classification Scheme (NCS), comprising the Classification (Publications, Films and Computer Games) Act 1995 (Act), the National Classification Code 2005 (Code), and the Guidelines for the Classification of Film and Computer Games (Guidelines).

1.3        The NCS is a cooperative arrangement between the Commonwealth, states and territories. The Commonwealth is responsible for regulating the classification of films and computer games, while the states and territories are responsible for enforcing classification decisions made under the Act.

1.4        Accordingly, any changes to the NCS require federal, state and territory legislative amendments. Also, under the Intergovernmental Agreement on Censorship (Intergovernmental Agreement), the Code and the Guidelines can only be amended with the agreement of all Commonwealth, state and territory ministers responsible for censorship.[4]

Purpose of the Bill

1.5        The Act, the Code and the Guidelines provide for an ascending scale of classification categories for films and computer games. At present, the classification categories for computer games are: G (General); PG (Parental Guidance); M (Mature); MA 15+ (Mature Accompanied); and RC (Refused Classification).[5]

1.6        Therefore, the highest classification level for computer games is MA 15+ (Mature Accompanied).[6] MA 15+ (Mature Accompanied) computer games are games which 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 the age of 15 years.[7] There is no classification category for computer games that are suitable only for adults.

1.7        The Bill amends the Act to introduce an R 18+ (Restricted) classification category for computer games.[8] The amendment aims to: align the classification of computer games with the current R 18+ (Restricted) film classification category; inform consumers, parents and retailers which computer games are not suitable for minors; help prevent minors from accessing unsuitable material; and align Australian and international classification schemes.[9]

1.8        The Bill also makes a consequential amendment to the Broadcasting Services Act 1992 to recognise the creation of the R 18+ (Restricted) classification category for computer games.[10]

Key provisions of the Bill

1.9        The key provisions of the Bill amend the Act to:

  • insert the category R 18+ (Restricted) after the category MA 15+ (Mature Accompanied) into current subsection 7(3), which comprises the ascending list of computer game classification categories (item 1 of Schedule 1 of the Bill);
  • insert the classification R 18+ (Restricted) into current paragraph 20(1)(b), requiring the Classification Board to provide consumer advice about the content of R 18+ (Restricted) computer games (item 2 of Schedule 1 of the Bill); and
  • insert the classification R 18+ (Restricted) into current paragraph 42(5)(c), meaning that a decision of the Classification Board to classify a computer game R 18+ (Restricted) will be a 'restricted decision' for the purposes of Part 5 of the Classification Act (Review of Decisions) (item 3 of Schedule 1 of the Bill).

1.10      Item 4 of Schedule 1 of the Bill provides that the amendments made by the Bill apply to decisions made by the Classification Board and the Classification Review Board from the day of commencement (1 January 2013), including decisions in relation to applications made prior to that date.[11]

Conduct of the inquiry

1.11      Details of the inquiry, the Bill and associated documents were placed on the committee's website. The committee also wrote to 43 organisations and individuals, inviting submissions by 9 March 2012.

1.12      The committee received 10 submissions, which are listed at Appendix 1. All submissions are available on the committee's website at https://www.aph.gov.au/senate_legalcon.

1.13      The committee held a public hearing in Canberra on 15 March 2012. A list of witnesses who appeared at the hearing is at Appendix 2, and copies of the Hansard transcript are also available through the committee's website.

Acknowledgement

1.14      The committee thanks those organisations and individuals who made submissions and gave evidence at the public hearing.

Notes on references

1.15      References to the Committee Hansard are to the proof Hansard. Page numbers may vary between the proof and the official Hansard transcript.

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