Footnotes
CHAPTER 1 - INTRODUCTION
[1]
Journals of the Senate, No. 63—3 November 2011, p. 1735.
[2]
See Explanatory Memorandum (EM), p. 1 and the Hon Brendan O'Connor MP,
Minister for Justice, House of Representatives Hansard,
12 October 2011, p. 11552.
[3]
EM, p. 1.
[4]
House of Representatives Hansard, 12 October 2011, pp 11552-3.
[5]
House of Representatives Hansard, 12 October 2011, p. 11553.
[6]
EM, p. 1.
[7]
EM, p. 1.
[8]
House of Representatives Hansard, 12 October 2011, p. 11553.
[9]
See Australian Law Reform Commission website, National Classification
Scheme Review: http://www.alrc.gov.au/inquiries/national-classification-review
(accessed 25 January 2012).
[10]
Item 2 of Schedule 1 inserts a reference to 'exempt online game' into the
Definitions section of the Classification Act (section 5).
[11]
'Computer game' is defined in section 5A of the Classification Act as
follows: a computer program and any associated data capable of generating a
display on a computer monitor, television screen, liquid crystal display or
similar medium that allows the playing of an interactive game (subsection
5A(1)); a computer program, data associated with a computer program or a
computer program and any associated data that is capable of generating new
elements or additional levels into a game (the 'original game') that is a
computer game under subsection 5A(1), and is contained in a device
separate from that containing the original game, is also a computer game
(subsection 5A(2)). A computer game does not include an advertisement for a
publication, film or computer game (subsection 5A(3)). Item 1 of
Schedule 1 of the Bill inserts a reference to section 5A into the
Definitions section of the Classification Act (section 5).
[12]
Schedule 7 of the Broadcasting Services Act defines 'content service' as:
a service that delivers content to persons having equipment appropriate for
receiving that content, where the delivery of the service is by means of a
carriage service; or a service that allows end-users to access content using a
carriage service. The definition specifically excludes a number of services,
including, for example, a licensed broadcasting service, a national
broadcasting service, and a licensed datacasting service.
[13]
Item 3 of Schedule 1 inserts a definition of 'mobile device'
into section 5. Mobile device means a device that is designed to run a
mobile operating system.
[14]
Schedule 5 of the Broadcasting Services Act defines 'internet carriage
service' as a listed carriage service that enables end-users to access the
internet.
[15]
The National Classification Code and the Guidelines for the Classification
of Films and Computer Games set out the type of material that will result in a
film or computer game being Refused Classification. Specifically, computer
games that exceed the 'MA15+' classification, and films that exceed the 'X18+'
classification, will be Refused Classification.
[16]
The exceptions set out in subsection 5B(3) also apply to exempt films,
which are defined in subsection 5B(1) of the Classification Act.
[17]
See paragraph 5B(3)(a). Section 29 of the Classification Act deals with
the approval of advertisements.
[18]
The National Classification Code and the Guidelines for the Classification
of Films and Computer Games set out the type of material that will result in a
film or computer game being classified 'M'.
CHAPTER 2 - KEY ISSUES AND COMMITTEE VIEW
[1]
Submission 2, p. 1.
[2]
Submission 3, p. 2.
[3]
Submission 5, p. 1.
[4]
Submission 1, p. 3.
[5]
Submission 1, p. 4.
[6]
Submission 1, p. 4.
[7]
Submission 6, pp 3-4.
[8]
House of Representative Hansard, 12 October 2011, p. 11554
[9]
EM, p. 1.
[10]
Submission 3, p. 5.
[11]
Submission 2, p. 2.
[12]
House of Representatives Hansard, 12 October 2011, p. 11553.
[13]
See the Hon Brendan O'Connor, Minister for Justice, House of
Representatives Hansard, 12 October 2011, p. 11553.