George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Hansard source

The Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Bill 2008 is, in substance, a legacy bill and it has the support of the opposition. The Classification (Publications, Films and Computer Games) Amendment (Advertising and Other Matters) Bill 2007 was introduced into the 41st parliament on 22 March 2007. The 2007 bill was referred to the Main Committee for the second reading debate and returned to the House of Representatives without amendment on 9 August 2007. The bill had not been passed, and lapsed when the parliament was prorogued in October 2007. The bill before the chamber has been introduced in the same form as the 2007 bill with one minor drafting change in schedule 2.

Senator Joyce raised a concern about the degree of scrutiny which had been given to this bill. Might I reassure Senator Joyce that the predecessor bill, which in all material respects this bill is identical to, received very close scrutiny by the former Attorney-General, the Hon. Phillip Ruddock, and by the coalition’s policy committee and party-room processes—hence the decision of the opposition to support the bill, as you would expect given it was germinated by the previous government.

The bill replaces the prohibition on advertising unclassified films and computer games with a new scheme to allow advertising, subject to conditions, and amends the classification procedures for compilations of episodes of a television series, subject to conditions. Both of those reforms were generated in discussion with the industry. The bill aims to streamline the classification process and reduce the regulatory burden on industry. Like Senator Stott Despoja, the opposition believes that the bill strikes an appropriate balance between self-regulation and necessary safeguards.

Schedule 1 of the bill amends the definition of advertisement to clarify that it includes advertising on the internet and excludes product merchandising and clothing products. Additionally, schedule 1 deals with the current prohibition that is considered to unduly restrict advertising because, due to the risk of piracy, products are held back from classification until very close to their release date. The intention is to create a regime under which the likely classification of a product is assessed in advance for the purposes of advertising. Schedule 1 will also amend the act to ensure that unclassified films and computer games are advertised with classified films or computer games of the same or higher level of classification. This amendment also reinforces the existing policy that the Classification Board must not approve an advertisement for a film or computer game that is or is likely to be classified RC, or ‘refused classification’.

Proposed subsection 31(1) is the key provision. It enables the Attorney-General to make a legislative instrument that determines the conditions for advertising unclassified films and computer games and provides for an industry self-assessment scheme of the likely classification of unclassified films and computer games. The section is notably broad in scope. The amendments in section 2 which relate to films of television series are intended to streamline the classification process for boxed compilations of episodes of television series.

I hear and share the observations of both Senator Stott Despoja and Senator Joyce about the importance of ensuring that there are appropriate safeguards where, particularly in this area of policy, legislative reform moves in the direction of self-regulation. The former government was satisfied—and I note the new government is satisfied—that the appropriate safeguards have been incorporated into the legislation and a proper balance has been struck.