Page 678 - Week 03 - Tuesday, 8 March 2005

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implement changes to the national classification code and to harmonise the act with the Criminal Code 2002. It will also make some other technical amendments.

Changes to the national classification code were agreed recently by the commonwealth, states and territories at a censorship ministers meeting. The modified classification system will enhance consumer awareness of the age restrictions associated with particular films and computer games by including an age specification as part of particular classification symbols so that, for example, R will become R 18+. These changes will highlight the distinction between the advisory categories, to which no age specification is attached, namely G, PG and M, and the restricted categories of film—X 18+, R 18+ and MA 15+.

Advisory classifications are not restricted to anyone, regardless of age. These classifications are a recommendation only and parents are encouraged to advise their children if these movies, computer games and publications are suitable. They also assist adults in making informed choices prior to viewing a film or purchasing a publication. Australian legislation recognises that some movies, games and publications require a mature perspective. Protection of children from exposure to unsuitable and explicit content is an important objective of the Australian classification system. Such material is classified in legally restricted categories.

The amendments to classifications made by this bill are complementary to the changes to the national classification code made by the commonwealth earlier this year following, once again, the agreement of censorship ministers. The states and the Northern Territory have either made, or are in the process of making, these amendments as part of the national cooperative scheme.

As Mr Hargreaves mentioned, a system of transitional measures under the commonwealth act will allow films classified under the old system to continue to be exhibited. That will minimise any inconvenience to businesses involved in the film and computer game industry in complying with the new classification system. Amending the classification act has also given us the opportunity to introduce some technical amendments that will streamline the act with the Criminal Code 2002 and resolve a potential difficulty with evidentiary certificates issued by the commonwealth Office of Film and Literature Classification.

For the information of members I think it is fair to say that, at the censorship ministers meetings in relation to this issue, as there always is in relation to any issue to do with censorship, there was a vigorous discussion, to the extent that there was a determination to ensure that video games are, essentially, regulated according to the same set of principles and the same classification regime.

There was a lively debate about the impact of explicit material on games and the extent to which it was necessary for classification regimes to remain or to come into step with new technologies, new games and new pursuits. I think it is appropriate that I respond to the issues raised by the shadow attorney and by Dr Foskey in relation to issues raised quite explicitly by the scrutiny of bills committee in relation to the legal burden of proof issue and the issue in relation to stricter absolute liability in relation to particular elements of offences.


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