{"id":"F2005L03681","name":"Classification (Publications, Films and Computer Games) Regulations 2005","slug":"classification-publications-films-and-computer-games-regulations-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"264 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":39348,"registerId":"commonwealth-F2005L03681-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Classification (Publications, Films and Computer Games) Regulations 2005.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Repeal and transitional","content":"#### 3 Repeal and transitional\n\n  (2) Despite the repeal by these Regulations of regulation 12 of the Classification (Publications, Films and Computer Games) Regulations, that regulation as in force immediately before 1 December 2005 continues to apply until 31 December 2005 in relation to eligible documents within the meaning of that regulation.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  (1) In these Regulations:\n\n> Act means the Classification (Publications, Films and Computer Games) Act 1995.\n\n> Assessed Computer Game means the category of computer game for which an application for classification of the game is accompanied by an assessment of the game by an authorised person that recommends that the game be classified G, PG or M.\n\n> authorised person means a person authorised for subsection 17(3) of the Act.\n\n> Computer Game—Level 1 means:\n\n    (a) for an application for classification of a computer game—the category of computer game:\n    (i) for which the application is not accompanied by an assessment of the game by an authorised person; and\n    (ii) that is not covered by paragraph (a) of the definition of Computer Game—Level 2; and\n    (b) for an application for a certificate that an unclassified computer game is an exempt computer game—the category of computer game that is not covered by paragraph (b) of the definition of Computer Game—Level 2.\n\n> Computer Game—Level 2 means:\n\n    (a) for an application for classification of a computer game—the category of computer game for which the application:\n    (i) is not accompanied by an assessment of the game by an authorised person; and\n    (ii) if subsection 17(2) of the Act applies—is accompanied by a separate recording of any part of the computer game that is likely to be regarded as containing contentious material; and\n    (iii) is accompanied by a separate recording of the game that displays typical game play; and\n    (b) for an application for a certificate that an unclassified computer game is an exempt computer game—the category of computer game:\n    (i) for which the game does not contain material that could cause the game to be classified M or a higher classification; and\n    (ii) for which the application is accompanied by a separate recording of the game that displays typical game play.\n\n> Demonstrated Computer Game, in relation to an application for classification of, or a certificate in relation to, a computer game, means an application:\n\n    (a) that, under subsection 19(2) or 28A(4) of the Act, is required to be demonstrated; or\n    (b) in respect of which the applicant has proposed, and the Board has accepted, that a demonstration before the Board be performed.\n\n> running time, in relation to a film, means the audio or visual content of a film measured in elapsed time from the first sound or image to the final sound or image.\n\n> State or Territory includes an authority of a State or Territory.\n\n  (2) A reference to revised publication is a reference to the alteration of a publication that has been classified by the subsequent replacement of any part of the content in respect of which the publication was classified.\n  (3) A reference to title change is a reference to the alteration of a film, publication or computer game that has been classified by the subsequent replacement of the title under which the film, publication or computer game was classified.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Fee for classification of publication","content":"#### 5 Fee for classification of publication\n\n  (1) For subparagraph 13(1)(d)(i) and subsection 22A(2) of the Act, and subject to regulation 19, the fee in respect of a publication that, in relation to its number of pages, is specified in column 2 of an item in Part 1 of Schedule 1 is the amount prescribed in column 3 of the item.\n  (2) For subparagraph 13(1)(d)(i) of the Act, the fee in respect of a publication that:\n    (a) is a revised publication; or\n    (b) has undergone a title change;\n  is the amount prescribed in column 3 of the item in Part 1 of Schedule 1 that applies to the publication.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Fee for declaration that classification applies to future issues of publication","content":"#### 6 Fee for declaration that classification applies to future issues of publication\n\n  For subsections 13(3) and 22A(2) of the Act, and subject to regulation 19, the fee in respect of a declaration that the classification for an original issue of a periodical applies to one or more future issues is the amount prescribed in column 3 of item 1 in Part 8 of Schedule 1.\n\n> Note: For classification of original and future issues of periodicals, see Classification (Serial Publications) Principles 2005.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Fee for classification of film","content":"#### 7 Fee for classification of film\n\n  (1) For subparagraph 14(1)(d)(i) and subsection 22A(2) of the Act, and subject to regulation 19:\n    (a) the fee in respect of a film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 2 of Schedule 1, is the amount prescribed in column 3 of the item; and\n    (b) the fee in respect of a film for public exhibition that has undergone a title change is the amount prescribed in column 3 of the item in Part 2 of Schedule 1 that applies to the film; and\n    (ba) the fee for a film, other than a film for public exhibition, is the amount mentioned in item 1A in Division 1 of Part 3 of Schedule 1 if the film is:\n    (i) a television series film; and\n    (ii) submitted with an assessment of the film by an authorised television series assessor; and\n    (c) the fee for a film, other than a film for public exhibition or a film to which paragraph (d), (e), (f) or (g) or subregulation (1B) applies, is the amount mentioned in an item in Part 3 of Schedule 1 for a film of the running time mentioned in the item; and\n    (d) the fee in respect of a film other than a film for public exhibition that has undergone a title change is the amount prescribed in column 3 of the item in Part 3 of Schedule 1 that applies to the film; and\n    (e) the fee for a film, other than a film for public exhibition, consisting of 1 or more classified films or certified exempt films and additional content, submitted with an assessment of the additional content by an additional content assessor, is the amount mentioned in item 2 of Division 2 of Part 3 of Schedule 1; and\n    (f) the fee for a film, other than a film for public exhibition, consisting of 1 or more non‑certified exempt films and additional content, submitted with an assessment of the additional content by an additional content assessor, is the sum of:\n    (i) the amount mentioned in Division 1 of Part 3 of Schedule 1 for the duration of the non‑certified exempt film or films; and\n    (ii) the amount mentioned in item 3 of Division 2 of Part 3 of Schedule 1; and\n    (g) the fee for a film, other than a film for public exhibition, consisting of 1 or more classified films or certified exempt films, or any combination of classified films and certified exempt films, and 1 or more non‑certified exempt films, and additional content, submitted with an assessment of the additional content by an additional content assessor, is the sum of:\n    (i) the amount mentioned in Division 1 of Part 3 of Schedule 1 for the duration of the non‑certified exempt film or films; and\n    (ii) the amount mentioned in item 3 of Division 2 of Part 3 of Schedule 1.\n  (1A) For subparagraph 14(1)(d)(i) and subsection 22A(2) of the Act, and subject to regulation 19, the fee for a film mentioned in subregulation (1B) is the amount mentioned in an item in Division 1A of Part 3 of Schedule 1 for a film with the duration of extra content mentioned in the item.\n  (1B) For subregulation (1A), the film is a film, other than a film for public exhibition, that:\n    (a) comprises 1 or more classified films or certified exempt films; and\n    (b) has extra content not submitted with an assessment of additional content by an additional content assessor.\n  (1C) In subregulation (1A):\n\n> duration of extra content means the running time of the whole film minus the running time of the classified film or certified exempt film.\n\n> Note: If a film comprises 1 or more classified films and certified exempt films, the running time of both types of films are to be deducted from the running time of the whole film when calculating a fee under subregulation 7(1A).\n\n  (2) In this regulation:\n\n> certified exempt film means a film for which a certificate has been issued under Division 6 of Part 2 of the Act.\n\n> non‑certified exempt film means an exempt film for which a certificate has not been issued under Division 6 of Part 2 of the Act.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Fee for classification of computer game","content":"#### 8 Fee for classification of computer game\n\n  For paragraph 17(1)(d) and subsection 22A(2) of the Act, and subject to regulation 19:\n    (a) the fee in respect of a category of computer game specified in column 2 of an item in Part 4 of Schedule 1 is the amount prescribed in column 3 of the item; and\n    (b) the fee in respect of a computer game that has undergone a title change is the amount prescribed in column 3 of the item in Part 4 of Schedule 1 that applies to the computer game.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Priority processing","content":"#### 9 Priority processing\n\n  (1) Subregulations (2) and (3) apply to an application under section 14 of the Act for classification of a film, other than a film for public exhibition, if it is accompanied by:\n    (a) the priority processing fee mentioned in Division 3 of Part 3 of Schedule 1; and\n    (b) the applicable fee for classification of the film mentioned in Part 3 of Schedule 1.\n  (1A) Subregulations (2) and (3) apply to an application under section 17 of the Act for classification of a computer game if it is accompanied by:\n    (a) the applicable fee for classification of the computer game mentioned in Part 4 of Schedule 1; and\n    (b) the priority processing fee mentioned in Division 4 of Part 4 of Schedule 1.\n  (2) The Board must:\n    (a) classify, or refuse to classify, the film or computer game; or\n    (b) determine that the film or computer game is, or is not, an exempt film or game;\n  within 5 business days after receiving all the material required to enable classification (or exemption).\n  (3) An amount equal to the priority processing fee paid must be returned to the applicant if subregulation (2) is not complied with.\n\n> Note: Subsection 26(4) of the Act sets out when notice of a decision must be given to an applicant.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Fee for certain information","content":"#### 10 Fee for certain information\n\n  For section 27 of the Act, the fee for information of a kind specified in column 2 of an item in Part 5 of Schedule 1 is the amount prescribed in column 3 of the item.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Fee for certificate that film or computer game is exempt","content":"#### 11 Fee for certificate that film or computer game is exempt\n\n  For subparagraph 28A(2)(c)(i) of the Act:\n    (a) the fee in respect of an unclassified film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item; and\n    (b) the fee in respect of an unclassified film other than a film for public exhibition that, in relation to its running time, is specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item; and\n    (c) the fee in respect of a category of computer game specified in column 2 of an item in Part 6 of Schedule 1 is the amount prescribed in column 3 of the item.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Fee for approval of advertisement","content":"#### 12 Fee for approval of advertisement\n\n  For paragraph 29(2)(d) of the Act, the fee for an application for approval of an advertisement is the amount prescribed in column 3 of item 2 in Part 8 of Schedule 1.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Fee for assessment of likely classification of unclassified film or computer game","content":"#### 13 Fee for assessment of likely classification of unclassified film or computer game\n\n  For paragraph 32(2)(f) of the Act, the fee for the assessment of the likely classification of an unclassified film or an unclassified computer game is the amount mentioned in column 3 of item 3 in Part 8 of Schedule 1.","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Fee for review of decision","content":"#### 14 Fee for review of decision\n\n  For paragraph 43(1)(d) of the Act, the fee for review of a decision is the amount prescribed in column 3 of item 4 in Part 8 of Schedule 1.","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Refund of fee for application for classification","content":"#### 15 Refund of fee for application for classification\n\n  (1) If an applicant for classification of a publication, film or computer game withdraws the application before a decision has been made by the Board in relation to the application, the applicant may apply to the Director for a refund of all or part of the application fee paid.\n\n> Note: Regulation 17 applies in relation to an application, for classification of a film other than a film for public exhibition or of a computer game, that is withdrawn by an applicant who has paid the fee and the priority processing fee in relation to the application.\n\n  (2) An application for refund of all or part of an application fee must:\n    (a) be in writing; and\n    (b) state the date on which the application for classification was made; and\n    (c) be made in a form acceptable to the Director.\n  (3) In determining the amount of the fee to be refunded (if any), the Director must have regard to the following:\n    (a) the applicant is entitled to a full refund of the amount of the fee paid only if:\n    (i) the application for refund was made no later than 1 business day after the application for classification was made; and\n    (ii) the Board had not made a decision about the application for classification at the time the application for refund was made;\n    (b) the Director is entitled to retain $180 of the amount of the fee paid if:\n    (i) the application for refund was made in the period commencing 2 business days after the application for classification was made and ending at the end of 5 business days after the application for classification was made; and\n    (ii) the Board had not made a decision about the application for classification at the time the application for refund was made;\n    (c) the Director is entitled to retain $360 of the amount of the fee paid if:\n    (i) the application for refund was made 6 business days, or later, after the application for classification was made; and\n    (ii) the Board had not made a decision about the application for classification at the time the application for refund was made;\n    (d) in any other case—the applicant is not entitled to a refund of all or part of the amount of the fee paid.\n  (4) Within 28 days after receiving an application for refund, the Director must:\n    (a) determine the amount of the fee to be refunded to the applicant; and\n    (b) give written notice of the decision to the applicant.","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Refund of fee for application for review","content":"#### 16 Refund of fee for application for review\n\n  (1) This regulation applies in relation to an application for review made under subsection 42(1) of the Act.\n  (2) An applicant under paragraph 42(1)(b), (c) or (d) of the Act who decides to withdraw a review application may apply to the Convenor for a refund of all or part of the review fee paid by the applicant.\n  (3) An application for refund of all or part of a review fee must:\n    (a) be in writing; and\n    (b) state the date on which the application for classification was made; and\n    (c) be made in a form acceptable to the Convenor.\n  (4) In determining the amount of the review fee to be refunded, the Convenor must have regard to the following:\n    (aa) if the application for refund was made no later than 1 business day after the application for review of a decision was made—the applicant is entitled to a full refund of the amount of the fee paid;\n    (a) if the application for refund was made no later than 2 business days after the application for review of a decision was made—the amount of the fee that the Convenor is entitled to retain is $1 600;\n    (b) if:\n    (i) the application for refund was made 3 business days, or later, after the application for review of a decision was made; and\n    (ii) the Review Board has not completely dealt with the application for review;\n    the amount of the fee that the Convenor is entitled to retain is $4 000;\n    (c) in any other case—the applicant is not entitled to a refund of the amount of the fee paid.\n  (5) Within 28 days after receiving an application for refund, the Convenor must:\n    (a) determine the amount of the review fee to be refunded to the applicant; and\n    (b) give written notice of the decision to the applicant.","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Fee for withdrawal of application for classification for which priority processing fee has been paid","content":"#### 17 Fee for withdrawal of application for classification for which priority processing fee has been paid\n\n  (1) This regulation applies in relation to an application for classification of one of the following items that is accompanied by the priority processing fee prescribed, as applicable, by Part 3 or Part 4 of Schedule 1:\n    (a) a film other than a film for public exhibition;\n    (b) a film, other than a film for public exhibition, that has undergone a title change;\n    (c) a computer game;\n    (d) a computer game that has undergone a title change.\n\n> Note: Paragraphs 7(1)(ba) to (g), subregulation 7(1A) and regulation 8 set out the prescribed fees for the items mentioned in paragraphs (1)(a) to (d).\n\n  (2) If the applicant elects to withdraw that application before a decision has been made by the Board in relation to the application, the applicant must tell the Director, in writing, of the election.\n  (3) An applicant making an election to withdraw may apply to the Director for a partial refund of the application for classification fee paid, but the applicant is not entitled to a refund of the priority processing fee paid.\n  (4) An application for a partial refund must:\n    (a) be in writing; and\n    (b) state the date on which the application for classification was made; and\n    (c) be in a form acceptable to the Director.\n  (5) In determining the amount of the fee to be refunded, the Director must take into account that the amount of the fee that the Director is entitled to retain is $300.\n  (6) Within 28 days after receiving an application for refund, the Director must:\n    (a) determine the amount of the fee to be refunded to the applicant; and\n    (b) give written notice of the decision to the applicant.","sortOrder":15},{"sectionNumber":"17A","sectionType":"section","heading":"Maximum number of members","content":"#### 17A Maximum number of members\n\n  For section 47 of the Act, the maximum number of members is 30.","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Fee for issue of certificate","content":"#### 18 Fee for issue of certificate\n\n  For section 87 of the Act, and subject to regulation 19, the fee for a certificate specified in column 2 of an item in Part 7 of Schedule 1 is the amount prescribed in column 3 of the item.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"When certain fees are reduced or not payable","content":"#### 19 When certain fees are reduced or not payable\n\n  (1) In this regulation:\n\n> eligible document means:\n\n    (a) an application for the classification of a publication, film or computer game; or\n    (b) a certificate issued under section 87 of the Act; or\n    (c) the application and the certificate, if:\n    (i) the application and the certificate are jointly submitted to the Board or the Review Board; and\n    (ii) the certificate is about action taken, or not taken, in relation to the application.\n  (2) The fee for an eligible document is not payable by a State or Territory in a financial year, if:\n    (a) the eligible document is requested by the State or Territory in relation to enforcement of a law of the State or Territory that complements the Act for the purposes of the scheme referred to in section 3 of the Act; and\n    (b) this subregulation has not applied previously in that financial year in relation to the State or Territory to more than 100 eligible documents.\n  (3) If subregulation (2) has applied in a financial year in relation to a State or Territory to 100 eligible documents, the fee payable by the State or Territory for an eligible document that:\n    (a) is of a kind referred to in paragraph (a) of the definition of eligible document in subregulation (1); and\n    (b) relates to enforcement of a law of the State or Territory to which paragraph (2)(a) refers; and\n    (c) is issued later in that financial year;\n  is 50% of the relevant fee prescribed in regulation 5, 7 or 8 as the case requires.\n  (4) If subregulation (2) has applied in a financial year in relation to a State or Territory to 100 eligible documents, the fee payable by the State or Territory for an eligible document that:\n    (a) is of the kind referred to in paragraph (b) of the definition of eligible document in subregulation (1); and\n    (b) relates to enforcement of a law of the State or Territory to which paragraph (2)(a) refers; and\n    (c) is issued later in that financial year;\n  is the relevant fee prescribed in regulation 18.\n  (5) If subregulation (2) has applied in a financial year in relation to a State or Territory to 100 eligible documents, paragraph (c) of the definition of eligible document in subregulation (1) does not apply to each additional application or certificate.","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Calculation of period within which Board is to make decision (Act s 87A)","content":"#### 20 Calculation of period within which Board is to make decision (Act s 87A)\n\n  (1) For subsection 87A(1) of the Act, the period runs from the start of the first business day after the day when staff assisting the Board make a recommendation that an application is complete because the application satisfies the requirements of section 13, 14, 17 or 29 of the Act.\n  (2) The period does not include any period:\n    (a) commencing on a day when the Board requests any of the following:\n    (i) expert, technical or other advice or information;\n    (ii) rectification of a copy of a publication, film, computer game or advertisement; and\n    (b) ending at the start of the business day after the Board receives a complete response to the request.\n  (3) The period also does not include any period:\n    (a) commencing on a day when the Board finds that the application does not meet the requirements of section 13, 14, 17 or 29 of the Act; and\n    (b) ending at the start of the business day after the Board determines that the application does meet the requirements of sections 13, 14, 17 and 29 of the Act.","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Period within which the Review Board is to make a decision (Act s 87B)","content":"#### 21 Period within which the Review Board is to make a decision (Act s 87B)\n\n  (1) For subsection 87B(1) of the Act, the period is:\n    (a) if the Convenor considers the application to be sufficiently complex that it is not likely to be completed within 20 business days—40 business days; or\n    (b) in any other case—20 business days.\n  (2) Without limiting subregulation (1), the Convenor may be satisfied that an application is complex if:\n    (a) the application deals with a computer game; or\n    (b) the publication, film, computer game or advertisement under review has the potential to promote, incite or instruct in a matter of crime or violence; or\n    (c) the original application was an enforcement application made under section 22A of the Act; or\n    (d) the Review Board is considering at least 2 applications covering similar subject matter at the same time; or\n    (e) the Convenor agrees to accept submissions from a person other than the applicant for review or the applicant for the original application; or\n    (f) at least 2 applicants apply for a review of the same publication, film, computer game or advertisement.\n  (3) On written application by the applicant for review and the applicant for the original application, the Review Board may extend the time mentioned in paragraph (1)(b) up to 40 business days.\n  (4) For subsection 87B(1) of the Act, the period runs from the start of the first business day after the Review Board:\n    (a) decides that an application for review satisfies the requirements of Part 5 of the Act; and\n    (b) receives a copy of the publication, film, computer game or advertisement for the purpose of review.\n  (5) The period does not include any period:\n    (a) commencing on a day when the Review Board:\n    (i) receives a written request mentioned in subregulation (3); or\n    (ii) requests expert, technical or other advice or information; and\n    (b) ending at the start of the business day:\n    (i) after the Review Board makes a decision under subregulation (3); or\n    (ii) after the Review Board receives a complete response to the request.","sortOrder":20},{"sectionNumber":"21A","sectionType":"section","heading":"When consumer advice is taken to be misleading, incorrect or grossly inadequate","content":"#### 21A When consumer advice is taken to be misleading, incorrect or grossly inadequate\n\n  For the purposes of paragraph 93(2)(c) of the Act, consumer advice in relation to a publication, film or computer game (the relevant material) is taken to be misleading, incorrect or grossly inadequate if the consumer advice:\n    (a) does not include a classifiable element that:\n    (i) is in the relevant material; and\n    (ii) is at the same level as the classification for the relevant material; or\n    (b) includes a classifiable element that is not in the relevant material.","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Advertising of unclassified films and unclassified computer games—transitional","content":"#### 22 Advertising of unclassified films and unclassified computer games—transitional\n\n  (1) For this regulation:\n\n> exempt film means a film granted a certificate of exemption under the Classification (Advertising for Unclassified Films) Instrument 2005 before 1 July 2009.\n\n> new scheme means the scheme established by the Classification (Advertising of Unclassified Films and Computer Games Scheme) Determination 2009.\n\n> previous scheme means the scheme established by the Classification (Advertising for Unclassified Films) Instrument 2005.\n\n  (2) On or after 1 July 2009, a film that was an exempt film under the previous scheme:\n    (a) may be advertised, or continue to be advertised, in accordance with the previous scheme; or\n    (b) may be advertised in accordance with the new scheme.","sortOrder":22},{"sectionNumber":"Part 1","sectionType":"part","heading":"Fee for classification of a publication","content":"## Part 1—Fee for classification of a publication\n\n(regulation 5)","sortOrder":23},{"sectionNumber":"Division 1","sectionType":"division","heading":"Publications","content":"### Division 1—Publications\n\n| Item | Number of pages | Fee ($) |\n| ---- | --------------- | ------- |\n| 1    | 0–76            | 420     |\n| 2    | 77–152          | 480     |\n| 3    | 153–252         | 560     |\n| 4    | 253–500         | 790     |\n| 5    | 501–800         | 1 230   |\n| 6    | More than 800   | 1 860   |","sortOrder":24},{"sectionNumber":"Division 2","sectionType":"division","heading":"Other","content":"### Division 2—Other\n\n| Item | Category            | Fee ($) |\n| ---- | ------------------- | ------- |\n| 1    | Revised publication | 210     |\n| 2    | Title change        | 190     |","sortOrder":25},{"sectionNumber":"Part 2","sectionType":"part","heading":"Fee for classification of a film for public exhibition","content":"## Part 2—Fee for classification of a film for public exhibition\n\n(paragraphs 7(1)(a) and (b))","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Fee for classification of a film other than a film for public exhibition","content":"## Part 3—Fee for classification of a film other than a film for public exhibition\n\n(paragraphs 7(1)(ba) to (g) and subregulations 7(1A) and 9(1))","sortOrder":29},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Fee for classification of previously classified or certified exempt film with extra content not submitted with assessment by additional content assessor","content":"### Division 1A—Fee for classification of previously classified or certified exempt film with extra content not submitted with assessment by additional content assessor\n\n| Item | Duration of extra content | Fee ($) |\n| ---- | ------------------------- | ------- |\n| 1    | 0–60 minutes              | 550     |\n| 2    | 61–120 minutes            | 730     |\n| 3    | 121–180 minutes           | 900     |\n| 4    | 181–240 minutes           | 1 090   |\n| 5    | 241–300 minutes           | 1 290   |\n| 6    | 301–400 minutes           | 1 690   |\n| 7    | 401–500 minutes           | 2 010   |\n| 8    | 501–600 minutes           | 2 530   |\n| 9    | 601–700 minutes           | 2 830   |\n| 10   | 701–800 minutes           | 3 300   |\n| 11   | 801–900 minutes           | 3 620   |\n| 12   | 901–1 000 minutes         | 4 100   |\n| 13   | 1 001–1 100 minutes       | 4 420   |\n| 14   | 1 101–1 200 minutes       | 4 900   |\n| 15   | 1 201–1 300 minutes       | 5 220   |\n| 16   | 1 301–1 400 minutes       | 5 700   |\n| 17   | 1 401–1 500 minutes       | 6 020   |\n| 18   | 1 501–1 600 minutes       | 6 490   |\n| 19   | 1 601–1 700 minutes       | 6 970   |\n| 20   | 1 701–1 800 minutes       | 7 290   |\n| 21   | 1 801–1 900 minutes       | 7 770   |\n| 22   | 1 901–2 000 minutes       | 8 090   |\n\n> Note: Duration of extra content is defined in subregulation 7(1C).","sortOrder":31},{"sectionNumber":"Division 3","sectionType":"division","heading":"Priority processing","content":"### Division 3—Priority processing\n\n| Item | Category            | Fee ($) |\n| ---- | ------------------- | ------- |\n| 1    | Priority processing | 420     |","sortOrder":33},{"sectionNumber":"Part 4","sectionType":"part","heading":"Fee for classification of computer game","content":"## Part 4—Fee for classification of computer game\n\n(regulation 8 and subregulation 9(1A))","sortOrder":34},{"sectionNumber":"Division 4","sectionType":"division","heading":"Priority processing","content":"### Division 4—Priority processing\n\n| Item | Category            | Fee ($) |\n| ---- | ------------------- | ------- |\n| 1    | Priority processing | 420     |","sortOrder":38},{"sectionNumber":"Part 5","sectionType":"part","heading":"Fee for information","content":"## Part 5—Fee for information\n\n(regulation 10)\n\n| Item | Category of information                      | Fee ($) |\n| ---- | -------------------------------------------- | ------- |\n| 1    | Copy of a classification certificate         | 50      |\n| 2    | Copy of a notice under section 26 of the Act | 50      |","sortOrder":39},{"sectionNumber":"Part 6","sectionType":"part","heading":"Fee for exempt film or exempt computer game certificate","content":"## Part 6—Fee for exempt film or exempt computer game certificate\n\n(regulation 11)","sortOrder":40},{"sectionNumber":"Part 7","sectionType":"part","heading":"Fee for evidentiary certificate under section 87 of Act","content":"## Part 7—Fee for evidentiary certificate under section 87 of Act\n\n(regulation 18)\n\n| Item | Category of evidentiary certificate                                                                                                                                                                                                                                                                    | Fee ($) |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------- |\n| 1    | A certificate stating that the classification, title and version of a publication, film or computer game are unchanged since classification, based on:(a) a title cross‑check with the records of the previous classification; and(b) a confirmatory viewing of the publication, film or computer game | 1 410   |\n| 2    | A certificate confirming the classification and title of a publication, film or computer game that has been previously classified, based on a title cross‑check with the records of the previous classification                                                                                        | 475     |\n| 3    | A certificate describing a publication, film or computer game in relation to which action has been taken, or not taken, under the Act                                                                                                                                                                  | 475     |","sortOrder":45},{"sectionNumber":"Part 8","sectionType":"part","heading":"Other fees","content":"## Part 8—Other fees\n\n(regulations 6 and 12 to 14)\n\n| Item | Category                                                                                       | Fee ($) |\n| ---- | ---------------------------------------------------------------------------------------------- | ------- |\n| 1    | Fee for declaration that classification applies to future issues of publication                | 1 080   |\n| 2    | Fee for approval of advertisement                                                              | 470     |\n| 3    | Fee for assessment of likely classification of unclassified film or unclassified computer game | 590     |\n| 4    | Fee for review of decision                                                                     | 10 000  |","sortOrder":46}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a fee-setting and administrative machinery instrument for the classification scheme. While the fee structures have grown detailed (particularly for films with complex content combinations and computer game assessment levels), this complexity serves the original regulatory function rather than expanding into new policy areas."},"complexity_factors":["Multiple overlapping fee structures with cross-references between regulations and Schedule tables (e.g., regulation 7 references Parts 2, 3, and multiple divisions with conditional logic)","Nested conditional definitions for computer game categories (Level 1 vs Level 2 depend on whether assessments are provided, whether content is 'contentious', and whether applications are for classification or exemption certificates)","Complex film fee calculations involving 'additional content' vs 'extra content' distinctions, certified vs non-certified exempt films, and mathematical calculations for duration (regulation 7(1C))","Tiered refund mechanisms with multiple time-based conditions (regulations 15, 16, and 17 each have distinct sliding scales)","State/Territory fee exemption scheme with annual caps (100 free documents) and subsequent 50% reduction triggers (regulation 19)","22 separate fee tables across 8 Parts of Schedule 1 with granular duration bands (some films have 22 different price points based on minute-by-minute brackets)","Transitional provisions preserving old advertising schemes alongside new ones (regulation 22)"],"plain_english_summary":"This regulation sets the fees and administrative rules that govern how publications, films and computer games are classified in Australia, affecting distributors, broadcasters, advertisers and state/territory enforcement agencies. It prescribes fee scales (by page count, running time or game complexity), a paid priority service, refund rules for withdrawn applications, and discounts for government enforcement submissions.\n\nThese rules determine the cost and pace of getting content legally rated, shaping industry costs and incentives for self‑assessment."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Regulations primarily implement and operationalise the existing Classification Act by prescribing fees, definitions and procedural rules (timing, refunds, priority processing) rather than expanding the substantive reach of the Act. They do not create new classification powers or broaden the kinds of material subject to the Act; instead they allocate costs, set administrative deadlines and define application categories. The additions (priority processing, member cap, transitional advertising rules) adjust administration and funding but do not materially change the statutory scope or subject‑matter coverage of the classification regime."},"complexity_factors":["Comprehensive fee schedule across multiple categories (Schedule 1 contains dozens of fee entries across Parts 1–8; approximately 70–90 distinct fee lines).","Lengthy interpretation section with multiple defined categories that affect fee and documentary requirements (regulation 4 defines Computer Game—Level 1, Level 2, Assessed Computer Game, Demonstrated Computer Game, etc.).","Numerous cross‑references to the primary Act (sections 13, 14, 17, 22A, 26, 27, 28A, 29, 32, 42, 43, 47, 87, 87A, 87B), requiring users to consult the Act for substantive meaning.","Nested conditional logic in fees for films (regulation 7) — different treatments for public exhibition films, non‑public films, films comprising classified/exempt elements, additional content assessments, and extra content calculations (reg 7(1), 7(1A), 7(1B), 7(1C)).","Tiered refund regimes and administrative discretion (regulations 15–17) with different retention amounts depending on withdrawal timing and different decision‑makers (Director vs Convenor).","Multiple deadline and suspension rules for decision periods (regulations 20–21) including exceptions that pause clocks, and Convenor discretion to treat applications as complex (reg 21(2)).","Priority processing rules that couple an additional fee to a strict 5 business‑day deadline and an automatic refund obligation if missed (regulation 9).","Transitional provisions and interactions with prior instruments (regulations 3 and 22) — requires reading of older instruments for some legacy matters.","Special‑case provisions such as State/Territory exemptions with quantitative caps and stepped discounts (regulation 19)."],"plain_english_summary":"**What these Regulations do (mechanics first)**\n\n- Set the dollar fees for nearly every procedural and certification action under the Classification (Publications, Films and Computer Games) Act 1995: classification applications, certificates, priority processing, review fees, copies of certificates, approval of advertisements, and related items (see regulation 5–18 and Schedule 1).\n- Define key terms used to decide which fee or procedure applies (for example, different categories of computer game, what counts as running time for a film, what is a ‘‘revised publication’’ or ‘‘title change’’) (regulation 4).\n- Prescribe how time limits are calculated for Board and Review Board decisions (including pauses while the Board requests information or finds an application incomplete) (regulations 20–21).\n- Create a priority processing option (applicants can pay an extra fee to require a decision within 5 business days; if the Board does not meet that deadline the priority fee must be returned) (regulation 9 and Schedule 1 Part 3 & 4).\n- Set rules for refunds and partial refunds when applicants withdraw (tiered retention amounts are specified and the Director/Convenor has discretion to determine the refund within those rules) (regulations 15–17).\n- Provide fee reductions or waivers when States/Territories request documents for enforcement purposes (with a cap on how many free requests per financial year and stepped discounts thereafter) (regulation 19).\n- Define when consumer advice (the summary information about a classified item) is considered misleading or grossly inadequate for the purposes of the Act (regulation 21A).\n- Include transitional arrangements for previously authorised advertising schemes and a member cap for the Board (maximum 30 members) (regulations 3, 17A, 22).\n\n**Who is affected**\n\n- Publishers, film distributors/producers, and computer game developers or rights‑holders who must obtain classifications, certificates or approvals under the Act — they pay the fees and comply with procedural requirements (regulations 5–18; Schedule 1).\n- State and Territory authorities that request documents for enforcement of complementary State/Territory laws — they benefit from limited fee waivers or reduced fees (regulation 19).\n- The Classification Board and Review Board and their support staff — the Regulations set decision timeframes, evidentiary rules and administrative responsibilities (regulations 9, 20–21, 18).\n- Consumers indirectly — through possible effects on what material is classified or how promptly classifications are issued (priority processing and fees affect timing and cost).\n\n**Why it matters (official purpose and a practical check against incentives and costs)**\n\nOfficially, these Regulations operationalise the Act by prescribing fees, timing rules and definitions necessary for the classification scheme to function. In practical terms:\n\n- Revenue and cost recovery: The fee schedule converts classification activity into a revenue stream that funds the Board’s work (see Schedule 1). That places the financial burden primarily on content producers/distributors rather than general taxation.\n- Time vs money trade‑offs: Priority processing (regulation 9; Schedule 1, Part 3 & 4) lets applicants buy speed. The Board must decide within 5 business days or refund the priority fee — this creates a clear incentive to pay for faster treatment but also exposes applicants to partial loss if they withdraw (regulation 17).\n- Behavioural incentives: Differential fees encourage certain behaviours. For example, an Assessed Computer Game (one accompanied by an authorised person’s assessment) carries a lower fee than an unassessed game (regulation 4 definition; Schedule 1 Part 4). That encourages applicants to use authorised assessors (which shifts cost and gatekeeping to those assessors).\n- Barriers for smaller producers: Some fees are substantial (for example, many classification fees for long or complex films and the $10,000 review fee in Schedule 1 Part 8, item 4). High fees can deter small publishers, independent filmmakers or indie game developers from seeking classification or review, or push them to alter content to fit cheaper categories.\n- Administrative discretion and compliance burden: The Director and Convenor have discretion to determine refund amounts within the prescribed tiers and must process refund applications within 28 days (regulations 15–16). The Board can pause decision periods while requesting information, which increases administrative checkpoints (regulations 20–21). Multiple documentary and recording requirements (eg. separate recordings for Computer Game—Level 2) create operational compliance costs (regulation 4 definitions and reg 7(1)(b)).\n- Public administration risk: The regulation centralises many procedural choices (when an application is ‘‘complete’’ for timing purposes, the Director’s refund decisions, Convenor’s assessment of review complexity). Those discretionary points concentrate implementation risk in the bureaucracy (regulations 20(1), 15(3), 16(4), 21(1)–(3)).\n\n**Concrete examples of who pays and who decides**\n\n- A film distributor seeking classification for public exhibition pays the fee that matches the film’s running time (Schedule 1 Part 2; regulation 7) and the Board decides the classification; if they want priority processing they pay the extra priority fee (regulation 9).\n- An independent games developer can submit an assessment from an authorised person to pay the lower Assessed Computer Game fee ($430) instead of the higher Level 1 fee ($1,210) (regulation 4; Schedule 1 Part 4). The Board still makes the final classification decision.\n- If an applicant withdraws, the Director may retain a specified amount depending on how long after filing the withdrawal is made (eg. $180 if withdrawn 2–5 business days after filing; $360 if 6 business days or later) (regulation 15(3)).\n\n**Key procedural features to note (with the legal references)**\n\n- Defined categories of computer games with different fees and documentary requirements (regulation 4; Schedule 1 Part 4).\n- Priority processing obliges the Board to decide within 5 business days for non‑public‑exhibition films and computer games accompanied by the priority fee; failure to meet the deadline triggers a refund of the priority fee (regulation 9).\n- Review deadlines: the Review Board generally has 20 business days to decide, extendable to 40 business days if the Convenor considers the matter complex; particular factors that count as complexity are listed (regulation 21).\n- Refund application formality and timing: refund applications must be written and in a form acceptable to the Director/Convenor; decisions must be made and notified within 28 days (regulations 15(2)–(4), 16(3)–(5)).\n\n**Trade‑offs, opportunity costs and likely behaviours**\n\n- Concentrated benefits vs diffuse costs: The scheduling and fees primarily transfer costs to content producers and create a funding stream for the classification apparatus. States/Territories receive limited exemptions, shifting costs onto private applicants in many cases (regulation 19).\n- Substitution effects: To reduce fees, applicants may (a) obtain authorised assessments; (b) submit separate recordings and edit content to qualify for lower categories; or (c) avoid formal review because of the high $10,000 review fee (Schedule 1 Part 8, item 4).\n- Rent‑seeking & capture risk: The cheaper Assessed Computer Game route depends on an ‘‘authorised person’’ (regulation 4). If the pool of authorised assessors is small, applicants effectively outsource a gatekeeping step to private intermediaries whose fees and availability will affect access.\n- Compliance costs and implementation risk: Multiple fee categories, separate recording requirements for some game applications, and tiered refund rules add operational complexity for both applicants and the administration (regulations 4, 7, 15–17; Schedule 1). The Board’s ability to pause time limits while requesting information creates additional procedural checkpoints (regulations 20–21).\n\nSources in the Regulations: key provisions referenced above include regulation 4 (definitions), regulations 5–18 (fees, refunds, priority processing), regulation 19 (State/Territory exemptions), regulations 20–21 (timing rules), regulation 21A (consumer advice), and Schedule 1 (detailed fee tables)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/classification-publications-films-and-computer-games-regulations-2005","history":"/api/acts/classification-publications-films-and-computer-games-regulations-2005/history","analysis":"/api/acts/classification-publications-films-and-computer-games-regulations-2005/analysis","conflicts":"/api/acts/classification-publications-films-and-computer-games-regulations-2005/conflicts","importantCases":"/api/acts/classification-publications-films-and-computer-games-regulations-2005/important-cases","documents":"/api/acts/classification-publications-films-and-computer-games-regulations-2005/documents"}}