Classification of Computer Games and Images Act 1995 - Queensland

Service summary

To regulate the classification of computer games and images.

The Act provides for the adoption of computer games classifications made by the Commonwealth Classification Board.

It relates to classification of computer programs for home entertainment systems, computer software including disks, CD ROMS and images produced.

Section 56 of the Act provides for approved entities to demonstrate computer games.

The provisions of this Act apply to computer games distributed from 1 July 1995 and do not have retrospective effect except in respect to objectionable material.

The following Guides or Booklets are available:

Guidelines for the Classification of Computer Games (available from the Australian Classification website).

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Bulletin board

a system of electronically stored information accessible by computer through the telecommunications network.

Computer game

a computer program and associated data, capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium; or a computer generated image; or an interactive film; but does not include a bulletin board; or an exempt computer game; or a film that is not an interactive film.

Computer generated image

electronically recorded data capable, by way of an electronic device, of being produced on a computer monitor, television screen, liquid crystal display or similar medium as an image (including an image in the form of text).

Computer program

a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result.

Objectionable computer game

a computer game, or an advertisement for a computer game, that: describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena, in a way that offends against standards of morality, decency and propriety generally accepted by reasonable adults; or depicts a person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not) in a way likely to cause offence to a reasonable adult; or promotes, incites or instructs in matters of crime or violence; or is unsuitable for a minor to view or play; or for a computer game is classified RC; or for an advertisement is refused approval.

Additional information

Queensland legislation differs in its definition of computer images from that applied in other Australian jurisdictions.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties

Authorised officers, including police officers, have powers to monitor and enforce compliance with the Act. These include entry of premises and search and seizure of evidence after obtaining a warrant from a Magistrate or if directed by the Computer Games Classification Officer.

Offences against the Act may be prosecuted in court. Substantial fines or imprisonment may be imposed for offences involving objectionable computer games.

Restrictions apply to the dealing (sale, demonstration, display) in computer games classified MA (restricted to persons aged 15 and over, unless accompanied by an adult).

Review or Appeal Mechanisms

The Computer Games Classification Officer has the authority to make classifications where no decision already exists.

An appeal against decisions of the Computer Games Classification Officer may be made to the Queensland Civil and Administrative Tribunal.

An appeal against decisions by the Commonwealth Classification Board may be made to the Classification Review Board.


Administering agency

Department of Justice and Attorney-General
Policy, Legislation and Executive Services Division
Strategic Policy Branch

Contact details

Classification Officer
Department of Justice and Attorney-General
Policy, Legislation and Executive Services Division
Strategic Policy Branch

Operating address:
Level 17, State Law Building, 50 Ann Street
Brisbane
Queensland 4000
Mailing address:
PO Box 149
Brisbane Adelaide Street
Queensland 4001

Phone:

07 3239 3466

Fax:

07 3239 3046

Classification Branch
Department of Justice and Attorney-General
Policy, Legislation and Executive Services Division
Strategic Policy Branch

Mailing address:
Locked Bag 3
Haymarket NSW 1240

Phone:

02 9289 7100

Fax:

02 9289 7101

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.