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CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL (Serial 2) Bill presented and read a first time. Ms FYLES (Attorney-General and Justice): Madam Speaker, I move that the bill be now read a second time. The purpose of this bill is to amend the Classification of Publications, Films and Computer Games Act to reflect recent amendments to the Commonwealth classification legislation made in response to recommendations by the Australian Law Reform Commission to reform the National Classification Scheme. The National Classification Scheme is a cooperative arrangement between Commonwealth, state and territory governments underpinned by an intergovernmental agreement on censorship and supported by a legislative framework comprising of the Classification, Publications, Films and Computer Games Act 1995 and the Commonwealth Classification Act and complementary enforcement legislation in each state and territory. In 2011, the Australian Law Reform Commission reviewed the National Classification Scheme. A report entitled Classification, Content, Regulation and Convergent Media was released in 2012. This was the first comprehensive review of censorship and classification since and it recommended significant changes to the regulatory framework and structure of the National Classification Scheme. Australian classification ministers agreed in April 2013 to carry out reform of the National Classification Scheme in stages. This would be commenced with the tranche of reforms to the National Classification Scheme in the short term under the current scheme. The initial reforms are intended to benefit consumers, reduce administrative red tape and regulatory burden on industry, and increase industry compliance with classification laws. This is intended to improve the effectiveness of the National Classification Scheme without prejudicing an ongoing program of major structural reforms. As the Commonwealth has the main role in classification regulation, the reforms required substantial amendments to the Commonwealth Classification Act. The Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 amended the Commonwealth Classification Act in relation to exemptions, modifications, decision-making instruments and markings. The reforms that have been made, particularly those in relation to exemptions and modifications, require consequential amendments to state and territory legislation. The reforms to the Commonwealth Classification Act broadened some of the existing exempt film categories, established additional exempt film categories for certain films covering natural history and the social sciences, and created exemptions that allow for unclassified content to be screened or demonstrated at festivals or special events by festival operators or cultural institutions. The most significant element of the exemption reform is the simplification of exemption arrangements for festivals, events and cultural institutions and to allow for a self-assessment process. The previous film festival scheme was complex and required event organisers to apply for exemptions for classification of each event. It was also difficult for organisers to screen late entries, amend event programs or to add and change venues. The amendments to the Commonwealth Classification Act require Part 10 of our Classification of Publications, Films and Computer Games Act to be repealed. Part 10 of the Classification of Publications, Films and Computer Games Act allows organisers of festivals and other events to either apply to the minister of the National director of the Classification Board for a formal exemption to publicly exhibit unclassified films, computer games or publications. This part of the Classification of Publications, Films and Computer Games Act is no longer required. The Bill seeks to facilitate the system of conditional cultural exemptions through clauses 3, 4, 14, 15, 16 and 17. Schedule 4 of the Commonwealth’s Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 expanded the exceptions to the modifications rule so that films and computer games which are subject to certain types of modifications do not require classification. Prior to those amendments, if a film or computer games was modified, whether before or after being classified, the modified version became unclassified. Certain exceptions to this modification rule existed for modifications that occurred after classification, including the addition or removal of advertisements, addition or removal of navigation functions, and addition or removal of certain descriptions or translations of audio or visual content. The Commonwealth’s amendment added format changes from view 2D to 3D, or vice versa, to the exceptions, gave the Commonwealth minister power to prescribe additional exceptions, and applied the exceptions to items modified before classification, as well as after it. This Bill seeks to ensure that our Classification of Publications, Films and Computer Games Act is consistent with the Commonwealth Classification Act in respect of all exceptions provisions, including those relating to computer games and films. The Classification of Publications, Films and Computer Games Act currently fails to apply any of the exceptions to the modification rule in respect of computer games. A similar anomaly existed in other state and territory legislation. All jurisdictions that have made amendments to apply the reforms contained within the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014 have similarly remedied this issue. This Bill seeks to facilitate the modification rules through clauses 5, 6 and 11. One of the major changes to the Commonwealth Classification Act was the move to enable certain content to be classified using classification tools, such as online questionnaires that deliver automated decisions. This was prompted by the significant and rapid advances in technology that have occurred since the National Classification Scheme was first established in 1996. The significant majority of computer games available on mobile devices and online were not classified under the National Classification Scheme prior to being made available to Australian consumers. The Classification Board was unable to classify the vast volume of this type of content. The introduction of classification tools is intended to assist the Classification Board to classify contents, such as mobile and online games, which are currently unclassified and readily available in the Australian market. The structure of the Classification of Publications, Films and Computer Games Act and the way it interacts with the Commonwealth Classification Act ensure that most of the provisions relating to the classification tools will automatically have affect in the Northern Territory. However, the Bill seeks to make necessary amendments to eliminate minor inconsistencies through clauses 7, 8, 9. 10, 12 and 13. In summary, this Bill makes a variety of minor amendments to the Classification of Publications, Films and Computer Games Act. These amendments ensure that the Northern Territory enforcement legislation is consistent with and supports the principle legislation administered by the Commonwealth. It will ensure that the National Classification Scheme continues to operate effectively and will apply important changes to the Northern Territory. The changes made by the Commonwealth and reflected in this Bill are an important first step in moving towards a modern and integrated classification scheme that is able to respond more effectively to rapid changes in technology. I commend the Bill to honourable members and table a copy of the explanatory statement. |