Last week, federal, state, and territory attorneys-general met in Wellington, New Zealand, to discuss the introduction of the ill-fated R18+ classification for video games in Australia. Although the unanimous vote needed to pass the new rating was once again delayed, ministers considered a set of draft guidelines as a proposed amendment to the National Classification Code to support the introduction of an R18+ rating for games and agreed to make a final decision on the matter at the July 22 SCAG meeting in Adelaide.

　　At the same meeting, ministers also discussed the classification of mobile and online games, a topic introduced at the December 2010 SCAG meeting, following the Commonwealth's request for the Australian Law Reform Commission (ALRC) to conduct a broad classification review. According to the March 2011 SCAG meeting communique, the ALRC plans to address the regulation of mobile and online game classification; however, ministers wanted to come up with an interim solution until the ALRC review is complete.

　　This solution involves treating mobile and online games via the same complaints-based approach currently used by the Australian Communications and Media Authority (ACMA) to regulate online content. In this approach, mobile and online applications and games that are reported to the ACMA would have to undergo the process of classification, thereby saving the Australian Classification Board from having to review every single application and game that is available in Australia via mobile stores like the Apple App Store.

　　If an application or game receives a complaint and is subsequently classified with a Refused Classification rating, it would then become illegal for that application or game to be sold or distributed in Australia.

　　Minister for Home Affairs Brendan O'Connor.

　　This interim solution of exempting online and mobile applications and games from mandatory classification still requires the unanimous agreement of all state, territory, and federal attorneys-general before it can be made into law, something that will be voted on at the next SCAG meeting in July. If passed, the law would be applicable for a period of two years until the ALRC completes the classification review.

　　As the law currently stands, the Australian Classification Board is required to classify all games--including online and mobile--upon the receipt of a valid application. Speaking to GameSpot AU, a Classification Board spokesperson said the following:

　　"The definition of 'computer game' in the Classification (Publications, Films, and Computer Games) Act 1995 (Classification Act) does not exclude games distributed or playable online or on mobile phones. The Classification Board will classify a computer game--including on mobile phones--upon receipt of a valid application. The Classification Board must also classify online content if it receives an application from the Australian Communications and Media Authority or another person under the Broadcasting Services Act 1992 (Cth). State and territory laws require computer games to be classified before they are sold. The enforcement of those laws is a matter for the relevant state or territory authorities and their enforcement agencies."

　　"The board's workload is carefully monitored and peaks in demand are addressed through a range of measures including the deployment of temporary board members and the fact that many computer games applications are submitted under the Computer Games Authorised Assessor scheme. The Director of the Board understands that the Minister for Justice, the Hon Brendan O’Connor MP, has asked to develop options for how the National Classification Scheme could be adapted to address technological developments such as these."

　　For more on the issue of R18+ for games, visit GameSpot AU's previous coverage.