Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

I table a revised explanatory memorandum relating to the bill, and move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

The National Classification Scheme (the Scheme) plays an important role as a trusted and reliable source of information for all Australians about what they, and those in their care, watch, read or play.

The current Scheme was established in 1995 under cooperative arrangements between the Commonwealth, states and territories. It provides for the Commonwealth, through the Classification Board, to classify films, computer games and certain publications; and the states and territories to enforce classification requirements under their own complementary laws.

The Scheme is based on the principles that adults should be able to read, hear, see and play what they want; minors should be protected from material likely to harm or disturb them; and that everyone should be protected from unsolicited offensive material. These are principles worth pursuing today, perhaps more than ever.

But the Scheme has not kept pace with the way Australians access media content, particularly the rapid growth in online content, or with evolving community standards. The Australian Law Reform Commission's 2012 report on Classification—Content Regulation and Convergent Media, and the 2020 Review of Australian Classification Regulation by Neville Stevens, which the Albanese Government released on 29 March 2023, found that aspects of the Scheme are no longer fit-for-purpose.

These reviews, as well as continued calls from industry, have highlighted that reform of the National Classification Scheme is long overdue.

In March this year the Government committed to a two-stage process of classification reform. A staged approach will enable immediate improvements to the current Scheme to progress now, while the Government undertakes the necessary consultation to develop a contemporary and fit-for-purpose classification framework—one that reflects the modern media environment and will serve all Australians into the future.

This Bill supports the implementation of the first stage of the Government's classification reforms by introducing a number of changes to existing classification arrangements. These changes will improve the capacity of the Scheme to deal with large volumes of online content, promote industry compliance, and increase access to cultural content in public libraries and approved cultural institutions.

Currently, there are two ways for industry to have content classified—either through submissions to the Classification Board or the use of Minister-approved classification tools. The rapid growth in the volume of content now available to Australians, particularly online, means that it is no longer efficient or effective to rely on the Board to classify content. In addition, not every content provider has the resources to invest in the development of automated classification tools. To address this, the Bill expands options for industry to self-classify content. Content providers, particularly online content providers, will be able to comply with classification regulations and reduce classification timeframes and costs for business. It establishes a new accreditation scheme to enable content to be classified by individuals who are trained and accredited by the Government.

To support the expansion of self-classification arrangements, the Bill introduces a number of safeguards. Eligibility criteria will ensure that only fit and proper people are accredited to classify content. Provisions for accreditation to be suspended or revoked for failure to appropriately classify content will also apply. The Classification Board's powers to quality assure self-classification decisions will be expanded to include decisions by accredited classifiers, similar to arrangements already in place for decisions of approved classification tools. The Bill also provides further clarification around the use of consumer advice to ensure that these advices, which are an important source of information for consumers, are being appropriately and consistently applied in classification decisions.

The Bill also expands exemptions from classification for low risk content, where it is sensible and beneficial to do so.

Exemptions from classification will be introduced for certain films in languages other than English being distributed through public libraries, as well as content that is displayed by approved cultural institutions as part of routine exhibitions and events. This will improve access to cultural content and ease the regulatory burden on institutions that provide such content.

To improve the efficiency of the classification system, material already classified under the Broadcasting Services Act 1992 will no longer need to be re-classified for distribution on other platforms. This supports a 'classify once' principle where content that has been classified using similar classification guidelines, and has not been modified, does not need to be classified again. This approach was advocated by the Stevens Review and in the ACCC's 2019 Digital Platforms Inquiry recommendation for a nationally-uniform classification scheme to classify or restrict access to content consistently across different delivery formats as part of a harmonised media regulatory framework.

The Government is committed to reforming the National Classification Scheme to ensure that it meets the needs of modern Australia. The changes proposed in this Bill will help set the Scheme on the right path forward.

Ordered that further consideration of the second reading of this bill be adjourned to the first sitting day of the next period of sittings, in accordance with standing order 111.