Document ID: chunk:federal_register_of_legislation:F2008C00129:body:0:p2
Version: federal_register_of_legislation:F2008C00129
Segment Type: other
Provision Reference: 
Character Range: 2895–5973

the Code and the Guidelines are agreed to by Commonwealth, State and Territory Ministers with censorship responsibilities.

By law, the Board must apply both the Code and the Guidelines when making classification decisions.  The Board must also take into account matters set out in section 11 of the Classification Act.

The relevant part of section 11 states:

The matters to be taken into account in making a decision on the classification of a publication include:
        (a) the standards of morality, decency and propriety generally accepted by reasonable adults; and
        (b) the literary, artistic or educational merit (if any) of the publication; and
        (c) the general character of the publication, including whether it is of a medical, legal or scientific character; and
        (d) the persons or class of persons to or amongst whom it is published or is intended or likely to be published.

Brief history

The classification and prohibition of publications was the duty of permanent officers in the Customs Department until the early 1970's, when the responsibility for the classification of publications was transferred to the Attorney-General's Department.

On 1 February 1984 the ACT Classification of Publications Ordinance (COPO) came into effect.  The Commonwealth introduced the Ordinance in the ACT as model legislation for the States and the Northern Territory, covering the sale and hire of videotapes and publications.  Publications were submitted for classification on a voluntary basis and classified under guidelines which covered the classification categories set up under the Ordinance.

In 1992 revised guidelines were drawn up and agreed to by State, Territory and Federal Ministers responsible for censorship.  Since that time the Guidelines have been made publicly available in order to help consumers and industry representatives better understand the classification system.

With the commencement of the Commonwealth Classification Act in January 1996, the National Classification Code came into effect and the classification of publications became a function of the Classification Board.

These Guidelines have been revised to reflect the criteria of the National Classification Code and community standards.

Consultation process

The Guidelines are revised from time to time in consultation with members of the public, community groups and organisations, including contributors to research.  The views of complainants, industry groups and other interested parties are sought.  The revised guidelines are scrutinised by a language expert; community input and responses are reviewed by an independent person with expertise in the area of censorship and classification.  Once approved by Commonwealth, State and Territory Ministers, the Guidelines must be formally gazetted and tabled in the respective Parliaments.

Guidelines contents and use

Purpose
The Board is legally required to apply both the Code and the Guidelines when making classification decisions.  The role of the Guidelines is to amplify the criteria set