Classification (Publications, Films and Computer Games) (Modifications of Computer Games) Instrument 2015 made under paragraph 20A(2)(e) and subsection 21(3) of the Classification (Publications, Films and Computer Games) Act 1995 Compilation No. 1 Compilation date: 14 March 2024 Includes amendments: F2024L00299 Registered: 4 April 2024 About this compilation This compilation This is a compilation of the Classification (Publications, Films and Computer Games) (Modifications of Computer Games) Instrument 2015 that shows the text of the law as amended and in force on 14 March 2024 (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 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 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 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1 Name 3 Definitions 4 Prescribed computer games modifications 5 Meaning of minor and/or technical modification 6 Rule for modification of computer games 7 Examples of operation of rule 8 Rule does not prevent classification of modified computer games Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes 1 Name This instrument is the Classification (Publications, Films and Computer Games) (Modifications of Computer Games) Instrument 2015. 3 Definitions In this instrument: Act means the Classification (Publications, Films and Computer Games) Act 1995. gameplay means the general manner in which a player interacts with a computer game. Example: In a car racing game, the general manner in which a player interacts with the game involves driving (rather than, for example, specifically driving a Formula 1 car through particular types of environments). original game means a computer game before it is subject to the modification concerned. Note: For the meaning of Board, computer game and work see sections 5 and 5A of the Act. 4 Prescribed computer games modifications Modifications of unclassified games that are later classified (1) For the purposes of paragraph 20A(2)(e) of the Act—modifications of a kind prescribed under section 6 are covered by subsection 20A(2) of the Act. Note 1: If a computer game is modified and is classified in unmodified form at a later time, and the modification is of a kind covered by subsection 20A(2) of the Act, the modified game is taken from that later time to have the same classification as the classified game. Note 2: Section 20A of the Act applies in relation to computer games classified on or after 1 January 2013, regardless of when the computer game was modified. Classified games that are later modified (2) For the purposes of subsection 21(3) of the Act—subsection 21(1) of the Act does not apply to modifications of a kind prescribed under section 6. Note 1: If a classified computer game is modified, the modified game becomes unclassified when the modification occurs, except if subsections 21(2) or (3) of the Act applies. Note 2: Section 21 of the Act applies in relation to computer games classified on or after 1 January 2013. 5 Meaning of minor and/or technical modification A minor and/or technical modification means a modification to a computer game that: (1) does not cause the game, as modified, to be materially different to the original game; and (2) is not a work. 6 Rule for modification of computer games Notwithstanding anything contained in section 7, a modification to a computer game is prescribed by this section if the modification: (a) is a minor and/or technical modification; and (b) does not have a material effect on the gameplay of the original game; and (c) does not change the title of the original game; and (d) is not likely to cause the game, as modified, to be given a different classification to the original game. 7 Examples of operation of rule (1) The applicability of a particular example in subsections (2) and (3) will depend on the specific nature of the original game and the modification. (2) Without limiting or extending the operation of section 6, examples of modifications that may be covered by that section include: (a) patches or updates that fix security vulnerabilities, compatibility problems or bugs; (b) graphics enhancements; (c) format changes; (d) additions of songs, characters, weapons, costumes, skins or vehicles; (e) additions of environments, levels, missions, storylines or modes, even if these affect the overall difficulty or setting of the game. (3) Without limiting or extending the operation of section 6, examples of modifications that are unlikely to be covered by that section include: (a) patches or updates that make accessible previously inaccessible content that is likely to change the computer game's overall classification; (b) a remake of a simple game with vastly improved graphics that causes the game, as modified, to become unrecognisable from the original game; (c) the addition of items or environments that completely alter the general manner in which a player interacts with a game; (d) a computer game involving the same or similar characters, settings and plot as the original game but can be played without the original game. 8 Rule does not prevent classification of modified computer games (1) Section 6 does not apply to a modification to a computer game if: (a) an application to classify a modified computer game has been made to the Board; or (b) an approved classification tool is used to produce a decision for the computer game as modified and the decision would be taken to be a decision of the Board but for the operation of section 6; or (c) an accredited person has classified a modified computer game under section 22K of the Act. 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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to 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) (Modifications of Computer Games) Instrument 2015 1 July 2015 (F2015L01078) 1 July 2015 (s 2) Classification (Publications, Films and Computer Games) Legislation Amendment Instrument 2024 13 Mar 2024 (F2024L00299) Sch 3: 14 Mar 2024 (s 2) — Endnote 4—Amendment history Provision affected How affected s 2..................... rep LA s 48D s 8..................... am F2024L00299 ed C1 Endnote 5—Editorial changes In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003. Paragraph 8(1)(b) Kind of editorial change Change to punctuation Details of editorial change Schedule 3 item 1 of the Classification (Publications, Films and Computer Games) Legislation Amendment Instrument 2024 provides as follows: 1 Paragraph 8(1)(b) After "section 6", insert "; or". This amendment results in the text "; or." at the end of paragraph 8(1)(b). This compilation was editorially changed to omit the full stop in paragraph 8(1)(b) to correct the punctuation.