Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014 made under section 8 of the Classification (Publications, Films and Computer Games) Act 1995 Compilation No. 3 Compilation date: 1 February 2017 Includes amendments up to: F2017L00029 Registered: 6 February 2017 About this compilation This compilation This is a compilation of the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014 that shows the text of the law as amended and in force on 1 February 2017 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Name 4 Transitional 5 Objective 6 Application 7 Definitions Part 2—Markings for films and computer games 8 Markings for films and computer games Part 3—Display of markings for publications, films and computer games Division 1—General 9 Display of markings and consumer advice 10 Placement of markings 11 Visibility of markings 12 Format and proportion of markings Division 2—Requirements for display of markings 13 Display of markings for publications, films and computer games 14 Compliance with Advertising Determination 15 Display of markings for an advertisement for a classified film or computer game 16 Display of markings for an advertisement for a classified publication 17 Cross promotions Schedule 1—Markings for films and computer games Part 1—Interpretation 1.01 Meaning of markings required under paragraph 13(1)(a) 1.02 Indicated markings do not include black background 1.03 Colour of classification symbol boxes and classification description boxes not displayed on screens 1.04 Colour of classification symbol boxes and classification description boxes displayed on screens 1.05 Font for classification symbol 1.06 Font for text in consumer advice boxes and classification description boxes Part 2—Classification characters, symbols and descriptions Part 3—Classification symbol boxes and classification description boxes Part 4—Alternative classification symbol boxes — MA 15+ and R 18+ Part 5—Examples of combination boxes Division 5.1—2 lines of consumer advice Division 5.2—3 or 4 lines of consumer advice Division 5.3—5 lines of consumer advice Schedule 2—Markings for publications Part 1—Interpretation 1.01 Indicated markings do not include black background Part 2—Markings Schedule 3—Classification legislation in force before 1 January 1996 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Part 1—Preliminary 1 Name This determination is the Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014. 4 Transitional (1) A film or computer game that was classified before the day this determination commences complies with the markings determined for that film or computer game if its markings, and the manner in which the markings are displayed, are in accordance with: (a) this determination; or (b) for a film or computer game classified on or after 1 July 2007 — the Classification (Markings for Films and Computer Games) Determination 2007; or (c) for a film or computer game classified on or after 26 May 2005 — the Classification (Markings for Films and Computer Games) Determination 2005; or (d) for a film or computer game classified on or after 1 January 1996 — the determination under section 8 of the Act that applied on the day the film or computer game was classified; or (e) for a film or computer game classified before 1 January 1996 — the legislation (Commonwealth, State or Territory) that applied on the day the film or computer game was classified. (2) A publication that was classified before 11 December 2014 complies with the markings determined for that publication if its markings, and the manner in which the markings are displayed, are in accordance with: (a) this determination; or (b) for a publication classified on or after 1 January 2008: (i) the Classification (Markings for Publications) Determination 2007 as in force on 1 July 2007; or (ii) the Classification (Markings for Publications) Determination 2007 as in force on 1 February 2008; or (c) for a publication classified on or after 1 September 1999: (i) the Classification (Markings for Publications) Determination 2007 as in force on 1 July 2007; or (ii) the Classification (Markings for Publications) Determination 2007 as in force on 1 February 2008; or (iii) the Determination of Markings for Publications, made under section 8 of the Act on 18 August 1999; or (d) for a publication classified on or after 31 October 1996 — the determined markings published in the Commonwealth of Australia Gazette No. GN 38 dated 25 September 1996. Note: Schedule 3 lists classification legislation that was in force before 1 January 1996. 5 Objective The objective of this determination is to ensure that consumers have ready access to clear classification information to inform their choices about publications, films and computer games. 6 Application This determination applies in relation to publications, films and computer games classified on or after 11 December 2014. Note: Complementary classification enforcement laws may include requirements concerning the display of classification markings and consumer advice relating to classified publications, films and computer games. 7 Definitions In this determination: Act means the Classification (Publications, Films and Computer Games) Act 1995. Advertising Determination means the Classification (Advertising of Unclassified Films and Computer Games Scheme) Determination 2009. classification means: (a) for a publication — a classification mentioned in subsection 7(1) of the Act; and (b) for a film — a classification mentioned in subsection 7(2) of the Act; and (c) for a computer game — a classification mentioned in subsection 7(3) of the Act; classification character, for a classification mentioned in an item in Part 2 of Schedule 1, means the character set out in column 3 of the item. classification description, for a classification mentioned in an item in Part 2 of Schedule 1, means the description set out in column 5 of the item. classification description box, for a classification mentioned in an item in Part 3 of Schedule 1, means the 2‑dimensional box set out in column 6 of the item. classification symbol, for a classification mentioned in an item in Part 2 of Schedule 1, means the symbol set out in column 4 of the item. classification symbol box, for a classification mentioned in an item in Part 3 of Schedule 1, means any of the: (a) classification symbol square; and (b) classification symbol rectangle; and (c) classification symbol rectangle component; applicable to the item. classification symbol rectangle, for a classification mentioned in an item in Part 3 of Schedule 1, means the rectangle set out in column 4 of the item. classification symbol rectangle component, for a classification mentioned in an item in Part 3 of Schedule 1, means the rectangle set out in column 5 of the item. classification symbol square, for a classification mentioned in an item in Part 3 of Schedule 1, means the square set out in column 3 of the item. combination box means a 2‑dimensional box comprising, on the left, the applicable classification symbol rectangle component, and, on the right, the consumer advice determined in relation to the film or computer game concerned. Note: Part 5 of Schedule 1 contains examples of combination boxes. complementary classification enforcement laws mean a provision of any of the following: (a) Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 of the Australian Capital Territory; (b) Classification (Publications, Films and Computer Games) Enforcement Act 1995 of New South Wales; (c) Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 of Victoria; (d) Classification of Films Act 1991 of Queensland; (e) Classification of Publications Act 1991 of Queensland; (f) Classification of Computer Games and Images Act 1995 of Queensland; (g) Classification (Publications, Films and Computer Games) Act 1995 of South Australia; (h) Classification (Publications, Films and Computer Games) Enforcement Act 1996 of Western Australia; (i) Classification (Publications, Films and Computer Games) Enforcement Act 1995 of Tasmania; (j) Classification of Publications, Films and Computer Games Act of the Northern Territory. consumer advice, for a publication, film or computer game, means the consumer advice determined in relation to the publication, film or computer game under section 20 of the Act. consumer advice box, for a film or computer game, means a 2‑dimensional box that is part of a combination box and contains the consumer advice for the film or computer game. Note Part 5 of Schedule 1 contains examples of combination boxes. physical product means a physical item on which a publication, film or computer game, or an advertisement for a publication, film or computer game, is recorded, stored, contained, or printed for the purpose of retail distribution or presentation to a consumer. Examples of physical products 1 disc 2 container for a disc 3 memory stick 4 poster 5 magazine 6 activation card 7 a title board for a computer game that is available for play in a public place Note 1: The following words and expressions used in this determination are defined in section 5 of the Act: advertisement, classified, and film. Note 2: Computer game is defined in section 5A of the Act. Part 2—Markings for films and computer games 8 Markings for films and computer games (1) For paragraph 8(1)(a) of the Act, the classification markings for films and computer games are the following: (a) the classification character; (b) the classification symbol; (c) the classification symbol square; (d) the classification symbol rectangle; (e) the classification symbol rectangle component; (f) the classification description; (g) the classification description box; (h) the combination box; prescribed for that classification by this determination. Part 3—Display of markings for publications, films and computer games Division 1—General 9 Display of markings and consumer advice For section 8 of the Act, markings and consumer advice for films and computer games and markings and any consumer advice for publications must be displayed in accordance with this Part. Note 1: Subsections 7(2) and (3) of the Act set out the classifications for films and computer games in ascending order of restriction. 10 Placement of markings (1) Where practicable, a marking must be displayed: (a) on the lower left corner of the front face of the thing on which it is displayed; or (b) in close proximity to the title of the publication, film or computer game. (2) For a 'Category 1 Restricted' publication or a 'Category 2 Restricted' publication contained in opaque packaging material, both the publication and the packaging must display the classification markings. 11 Visibility of markings (1) A marking must be displayed so that the marking is: (a) prominent, readily identifiable and clearly legible; and (b) easily distinguishable from the background and any other information or moving image with which the marking is displayed. (2) A marking must not be obscured by other material. (3) A marking that is displayed on a screen must be displayed for a period of time that is sufficient to allow the marking to be read in full. 12 Format and proportion of markings A marking that is required to be displayed must be: (a) for a film or computer game — in the format and proportions shown in Schedule 1. (b) for a publication — in the format and proportions shown in Schedule 2. Division 2—Requirements for display of markings 13 Display of markings for publications, films and computer games (1) A classified film or computer game must display: (a) the marking that applies to the film or computer game; and (b) the consumer advice relating to the film or game. Note: Schedule 1 shows the classification markings for films and computer games. (2) A classified publication must display the classification marking that applies to the publication and any consumer advice. Note: Schedule 2 shows the classification markings for publications. (3) Any marking or consumer advice that is required to be displayed under subsection 13(1) or subsection 13(2) must be displayed: (a) if the publication, film or computer game is a physical product — on the physical product; or (b) if the publication, film or computer game is not a physical product or if, considering the size and type of the physical product, it would not be practicable to display the classification in accordance with paragraph 13(3)(a) — before the point of purchase of the publication, film or computer game; or Note: The point of purchase for a film includes the point of purchase of tickets to film screenings. (c) if it is not practicable to display the marking before the point of purchase — before the point of access to the publication, film or computer game. 14 Compliance with Advertising Determination Despite anything in this Division, an advertisement for a film or a computer game must comply with the Advertising Determination if: (a) the advertisement displays the message; and (b) the film or the computer game has not been classified X 18+ or RC. 15 Display of markings for an advertisement for a classified film or computer game (1) Markings for advertisements for classified films and computer games must be displayed in the following manner: (a) a printed advertisement for a film or computer game must display the combination box or, if the combination box would not be legible, the classification symbol square or classification symbol rectangle that applies to the film or computer game; (b) a printed advertisement for multiple films or computer games must display: (i) the markings in accordance with section 15(1)(a); and (ii) a legend that lists all classifications and the classification descriptions; (c) subject to subsection 15(3), a still or moving image that advertises a film or computer game on a screen (including an online advertisement) must display: (i) the combination box or, if the combination box would not be legible, the classification symbol rectangle or classification symbol square applicable to the film or computer game; and (ii) the consumer advice relating to the film or game; (d) A physical product that contains only advertisements for 1 or more films or computer games must display: (i) the combination box or, if the combination box would not be legible, the classification symbol square or classification symbol rectangle that applies to the film or computer game that has the highest classification; and (ii) if the title of any of the films or computer games for which the physical product contains an advertisement is listed on the back of the physical product: (A) next to the title of each film or game, the classification symbol square or classification symbol or classification character applicable to the film or computer game; and (B) if practicable, the consumer advice relating to the film or computer game. (2) Subsection 15(1) does not apply to an advertisement for a film or computer game that is in the form of a window cling, a display bin or a standee. (3) If a person to whom the requirement applies under paragraph 15(1)(c) to display either a combination box or consumer advice reasonably considers that they are incapable of adding to the content of the advertisement, it will be sufficient to comply with the paragraph if the classification symbol rectangle or classification symbol square applicable to the film or computer game is displayed. Note: A person may be incapable of adding to the content of the advertisement if it would be impracticable or costly to do so in the circumstances. 16 Display of markings for an advertisement for a classified publication In a printed advertisement for a classified publication, the markings shall be: (a) the markings set out in Part 2 of Schedule 2; and (b) the markings shall be increased or reduced in size and scale, along with the rest of the material included in the advertisement; and (c) the markings shall remain in proportion to that material included in the advertisement based upon the publication's front cover scale. 17 Cross promotions (1) This section applies to an advertisement: (a) for a product that is not a film or computer game; and (b) that includes: (i) a reference to a film or computer game; and (ii) a reference to the film or computer game being available for viewing, playing, sale or hire. (2) The advertisement must display the markings required under this Subdivision as if the advertisement were an advertisement for the film or computer game. Schedule 1—Markings for films and computer games Part 1—Interpretation 1.01 Meaning of markings required under paragraph 13(1)(a) A marking that is required to be displayed under paragraph 13(1)(a) means: (a) the combination box that applies to the film or computer game; or (b) if the combination box would not be legible, the classification symbol rectangle or classification symbol square; or (c) if the classification symbol rectangle or classification symbol square would not be legible, the classification symbol or classification character. 1.02 Indicated markings do not include black background In this Schedule, a marking that is superimposed on a black background does not include the black background. 1.03 Colour of classification symbol boxes and classification description boxes not displayed on screens A classification symbol box or classification description box must be: (a) if the display is in colour — coloured in accordance with the CMYK values mentioned in column 7 of Part 3 of Schedule 1, or column 5 of Part 4 of Schedule 1 (whichever is applicable), for the applicable classification; and (b) if the display is in black and white — either: (i) coloured in accordance with the CMYK values mentioned in column 7 of Part 3 of Schedule 1, or column 5 of Part 4 of Schedule 1 (whichever is applicable), for the applicable classification; or (ii) in black and white. 1.04 Colour of classification symbol boxes and classification description boxes displayed on screens A classification symbol box or classification description box that is displayed on a screen, must be coloured in accordance with the RGB values mentioned in column 8 of Part 3 of Schedule 1, or column 6 of Part 4 of Schedule 1 (whichever is applicable), for the applicable classification. 1.05 Font for classification symbol A classification symbol must be in FF Din Bold font. 1.06 Font for text in consumer advice boxes and classification description boxes (1) Text that is displayed in a consumer advice box must be printed in black Univers condensed regular type on a white background. Note: Part 5 of Schedule 1 contains examples of combination boxes. (2) A classification description displayed in a classification description box, must be printed in Univers condensed regular type. Part 2—Classification characters, symbols and descriptions Item Classification Classification character Classification symbol Classification description 1 G G General 2 PG PG Parental guidance recommended 3 M M Recommended for mature audiences 4 MA 15+ MA 15+ Not suitable for people under 15. Under 15s must be accompanied by a parent or adult guardian 5 R 18+ R 18+ Restricted to 18 and over 6 X 18+ X 18+ Restricted to 18 and over Part 3—Classification symbol boxes and classification description boxes Item Classification Classification symbol square Classification symbol rectangle Classification symbol rectangle component Classification description box CMYK values RGB values 1 G C 80 R 51 M 0 G 160 Y 100 B 44 K 0 2 PG C 0 R 255 M 0 G 255 Y 100 B 0 K 0 3 M C 100 R 0 M 0 G 160 Y 0 B 198 K 0 4 MA 15+ C 0 R 255 M 100 G 0 Y 100 B 0 K 0 5 R 18+ C 0 R 0 M 0 G 0 Y 0 B 0 K 100 6 X 18+ C 0 R 0 M 0 G 0 Y 0 B 0 K 100 Part 4—Alternative classification symbol boxes — MA 15+ and R 18+ Item Classification Alternative classification symbol square Alternative classification symbol rectangle CMYK values RGB values 1 MA 15+ C 0 R 255 M 100 G 0 Y 100 B 0 K 0 2 R 18+ C 0 R 0 M 0 G 0 Y 0 B 0 K 100 Part 5—Examples of combination boxes Division 5.1—2 lines of consumer advice Division 5.2—3 or 4 lines of consumer advice Division 5.3—5 lines of consumer advice Schedule 2—Markings for publications Part 1—Interpretation 1.01 Indicated markings do not include black background In this Schedule, a marking that is superimposed on a black background does not include the black background. Part 2—Markings The marking for a publication classified Unrestricted is as follows: For Unrestricted publications with the consumer advice 'M (Mature) — Not Recommended for Readers under 15 Years', the marking is as follows: The marking for a publication classified Category 1 Restricted is as follows: The marking for a publication classified Category 2 Restricted is as follows: Schedule 3—Classification legislation in force before 1 January 1996 (section 4, note) Item Legislation 1 Film and Computer Games Classification Act 1984 of New South Wales 2 Indecent Articles and Classified Publications Act 1975 of New South Wales 3 Classification of Films and Publications Act 1990 of Victoria 4 Classification of Films Act 1991 of Queensland 5 Censorship of Films Act 1947 of Western Australia 6 Video Tapes Classification and Control Act 1987 of Western Australia 7 Classification of Films for Public Exhibition Act, 1971 of South Australia 8 Films Act 1971 of Tasmania 9 Classification of Publications Act 1984 of Tasmania 10 Film Classification Act 1971 of the Australian Capital Territory 11 Classification of Publications Ordinance 1983 of the Australian Capital Territory 12 Classification of Publications and Films Act 1979 of the Northern Territory Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014 19 Dec 2014 (F2014L01758) 11 Dec 2014 (s 2) Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2015 9 Dec 2015 (F2015L01952) 9 Dec 2015 (s 2) — Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Amendment Determination 2017 6 Jan 2017 (F2017L00029) 1 Feb 2017 (s 2) — Endnote 4—Amendment history Provision affected How affected s 2..................... rep LIA s 48D s 3..................... rep LIA s 48C Part 3 Division 2 s 15.................... am F2017L00029 Part 4 Part 4 (first occurring)........ ad F2015L01952 rep 1 Feb 2017 (s 19) s 18 (first occurring)......... ad F2015L01952 rep 1 Feb 2017 (s 19) s 19 (first occurring)......... ad F2015L01952 rep 1 Feb 2017 (s 19) Part 4 (second occurring)...... rep 11 Dec 2015 (s 19 second occurring) s 18 (second occurring)....... rep 11 Dec 2015 (s 19 second occurring) s 19 (second occurring........ rep 11 Dec 2015 (s 19 second occurring)