Document ID: chunk:federal_register_of_legislation:F2013C00007:reg:1:p1
Version: federal_register_of_legislation:F2013C00007
Segment Type: reg
Provision Reference: reg 1 (pt 1/4)
Character Range: 11810–14729

1                       C 0          R 255

                        M 50         G 127

                        Y 100        B 0

                        K 0

Schedule 2 Assessment by industry of likely classification of films and computer games
(section 7)

Part 1 Preliminary

1.1 Definition

  In this Schedule:
barring notice has the same meaning as in paragraphs 31 (3) (d) and (e) of the Act.

Note 1   For the definitions of Board, classifiable elements, classified, Code and Director, see section 5 of the Act.

Note 2   Classification guidelines means the guidelines referred to in section 12 of the Act.

Part 2 Authorised advertising assessors

2.1 Authorised advertising assessors

 (1) For paragraph 31 (3) (a) of the Act, the Director may, in writing, authorise a person as an authorised advertising assessor for assessing the likely classification of films, computer games, or both films and computer games.

 (2) The Director must not authorise a person as an authorised advertising assessor if:
 (a) the person has not completed training, approved by the Director, in the making of assessments; or
 (b) a notice under clause 4.2 is in force for the person.

Part 3 Assessment by authorised advertising assessor

3.1 Assessment by authorised advertising assessor

 (1) The authorised advertising assessor must assess the classification that, in the opinion of the assessor, the film or the computer game would be likely to have if the film or the computer game were classified, having regard to the material and information available to the assessor when making the assessment.

 (2) In reaching an opinion under subclause (1), the assessor must make an assessment on the basis of the best information reasonably available at the time, or on the basis of reasonable assumptions, or both.

 (3) The assessor must not assess the likely classification of the film or computer game if the assessor considers that the material and information available to the assessor is insufficient (whether or not the assessor has made a request under subclause (4)).

 (4) The assessor may request, from the distributor, further information for the purpose of enabling the assessor to deal with the application, within the period specified in the request.

 (5) The assessor may decline to make an assessment, or decline to further deal with an assessment, until the information is given to the assessor in accordance with the request under subclause (4).

 (6) This clause does not require the assessor to obtain further information under subclause (4) for the purpose of an assessment.

3.2 Considerations to be taken into account when making assessment

  For subclause 3.1 (1), in assessing the likely classification of an unclassified film or an unclassified computer game, the authorised advertising assessor must identify the likely classifiable elements of the film or the computer game, and their likely