Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Classification legislation

Please contact the Classification Policy Branch on (02) 6250 5545 if you have any difficulties downloading the documents.

Commonwealth Classification Legislation

Current Commonwealth legislation relating to the National Classification Scheme is listed below.

Other current non-legislative instruments currently in force are:

State and Territory Classification Legislation

Under the National Classification Scheme, States and Territories are responsible for the enforcement of classification decisions. Each State and Territory has classification enforcement legislation to complement the Commonwealth Classification Act. The enforcement legislation sets out how films, publications and computer games can be sold, hired, exhibited and advertised in each State or Territory. Some States and Territories have reserved classification powers.

The States and Territories have varying classification requirements which are outlined in their own legislation. Links to the State and Territory Acts are provided below.

Australian Capital Territory:

New South Wales:

Victoria:

Queensland:

South Australia:

Western Australia:

Tasmania:

Northern Territory:

Commonwealth historical legislation

The Classification (Publications, Films and Computer Games) Act 1995 has been amended on 9 occasions.  Set out below are the relevant Amendment Acts and extrinsic material explaining the purpose of the amendments made to the Classification Act.

Classification (Publications, Films and Computer Games) Amendment Act 2007 (No 27 of 2007)
Explanatory Memorandum; Bills Digest No. 78 2006-07 – PDF 125KB
This Amendment Act integrates the OFLC into AGD and reinforces the independence of the Classification Board and the Classification Review Board from each other. The Amendment Act also streamlines the classification process by introducing an additional content assessor scheme and provides that additions such as sub-titling or navigation functions to already classified films do not make the film require a fresh classification.

Classification (Publications, Films and Computer Games) Amendment Act (No 2) 2004 (No 140 of 2004)
Explanatory Memorandum; Bills Digest No. 40 2004-05 – PDF 254KB; Second Reading Speech – (presenting EM); Second Reading Speech – the Hon Philip Ruddock (reporting bill to House)
The purpose of the Amendment Act is to remove any doubt as to the validity of classification decisions made by the Board in response to deficient or defective applications for classification by law enforcement authorities before and after commencement or, in the case of Review Board applications, by persons entitled to make a review application under section 42. The Amendment Act also removes any doubt as to the validity of decisions made, or any later action taken, by the Board, the Review Board or the Director of the Classification Board (the Director) in respect of the decisions that are validated by the amendments.

Classification (Publications, Films and Computer Games) Amendment Act 2004 (No 61 of 2004)
Explanatory Memorandum; Bills Digest No. 115 2003-04 – PDF 253KB; Second Reading Speech – Philip Ruddock
The Amendment Act introduces common classification types for films and computer games. The new classification types will be known as ‘G’, ‘PG’, ‘M’, ‘MA 15+’, ‘R 18+’ (for films only), ‘X 18+’ (for films only) and ‘RC’. These amendments remove the existing differences in the names of the film and computer games classification types. Computer games with content higher than ‘MA 15+’ will continue to be refused classification.

Law and Justice Legislation Amendment (Application of the Criminal Code) Act 2001 (No 24 of 2001)
Explanatory Memorandum; Revised Explanatory Memorandum; Second Reading Speech – Mr Peter Slipper MP (presenting EM to Main Committee); Second Reading Speech – Mr Peter Slipper MP (reporting Bill to House)
Schedule 6, items 1-6 amended the Classification Act. The amendments, which are concerned with offence provisions under the Act, include insertion of section 6A (which provides that Chapter 2 of the Criminal Code applies to all offences against the Act. That chapter establishes the codified principles of criminal responsibility) and revision of the offence and the defenses under section 70. The Amendment Act also inserts various notes throughout the Act related to the offence provisions. See subsections 23(4), 24(4), 30(3) and section 70.

Classification (Publications, Films and Computer Games) Amendment Act (No 1) 2001 (No 13 of 2001)
Explanatory Memorandum; Revised Explanatory Memorandum; Supplementary Explanatory Memorandum; Bills Digest No 120 1999-2000 – PDF 87KB
In 1999 the Classification (Publications, Films and Computer Games) Amendment Bill (No 2) was introduced. The Bill provided for most of the amendments in this Act in addition to replacing the X classification with an NVE (Non-violent erotica) classification. The proposal to abolish the X classification and create a new classification entitled NVE was ultimately withdrawn by the Government.

This Amendment Act altered the definitions of computer games, contentious material, decision, submittable publication and work. The definitions of add-on, exempt computer games, exempt film and interactive film were included.

The Amendment Act also expanded the range of films exempt from classification and inserted the table of exempt films and computer games. It clarified ‘person aggrieved’, further expanded the Director's powers to waive fees under certain circumstances and provided for the serial classification of certain publications. Section 53 was amended to authorise the Director of the Classification Board to exercise expanded powers, under State and Northern Territory laws, to call in certain publications, films and computer games for classification, reclassification or for a review of a classification decision, as the case required.

Classification (Publications, Films and Computer Games) Amendment Act (No 1) 2000 (No 111 of 2000)
Explanatory Memorandum; Second Reading Speech –The Hon Daryl Williams
In 1998 the Classification (Publications, Films and Computer Games) Amendment Bill was introduced in cognate with the Classification (Publications, Films and Computer Games) Charges Bill of 1998 (previously known as the Classification (Publications, Films and Computer Games) Charges Bill of 1997). The Bill subsequently became known as the Classification (Publications, Films and Computer Games) Amendment Bill (No 1) of 1999 and 2000. In 2000, the Classification (Publications, Films and Computer Games) Charges Bill 1998 (which proposed full cost-recovery for classification and ancillary services) was not passed by the Senate. The disposal of the Charges Bill necessitated amendments to the other Amendment Bill which was subsequently enacted.

The key features of this Amendment Act are the creation of the separate class of applications for enforcement authorities and related provisions, the introduction of statutory time limits for the making of classification decisions, and the expansion of the Director's power to waiver fees under certain circumstances.

Public Employment (Consequential and Transitional) Amendment Act 1999 (No 146 of 1999)
Explanatory Memorandum; Supplementary Explanatory Memorandum
Items 293 – 296 amended sections 54, 59 and 61 to complement the framework and implement the concepts of the Public Service Act 1999. The Bill was amended in the Parliament but these did not affect the amendments pertaining to the Classification Act.

Law and Justice Legislation Amendment Act 1997 (No 34 of 1997)
The amendments include a new definition of 'contentious material', a requirement for applicants to include a statement of contentious material and declassification of films and computer games containing contentious material that was not brought to the Board’s attention.

Superceded instruments under the National Classification Scheme

Regulations:

National Classification Code:

Classification Guidelines:

Films and Computer Games

Publications

Markings Determinations:

Films and Computer Games

Publications

Fee Waiver Principles

Eligible Films Determinations

  • Classification (Eligible Films) Determination 2002 (GN S477, 19 December 2002) – PDF 28KB – in force from 1 January 2003 to 31 December 2005
  • Classification (Eligible Films) Determination 1999 (GN 41, 13 October 1999) – in force from 13 October 1999 to 31 December 2002
  • Classification (Eligible Films) Determination 1998 (S253, 2 June 1998) – in force from 2 June 1998 to 12 October 1999
  • Classification (Eligible Films) Determination (No 2) (GN 22, 4 June 1997) – in force from 11 May 1997 to 1 June 1998
  • Classification (Eligible Films) Determination (No 1) (GN 47, 29 November 1995) – in force from 1 January 1996 to 10 May 1997