15.1 This chapter discusses the legislative and constitutional basis for the existing Commonwealth, state and territory cooperative scheme for the classification of publications, films and computer games (the classification cooperative scheme) and the Broadcasting Services Act 1992 (Cth).

15.2 The ALRC recommends that the Classification of Media Content Act be enacted pursuant to the legislative powers of the Parliament of Australia and not as part of any new cooperative scheme. This conclusion is dictated by the need for classification law to respond effectively to media convergence and the desirability of consistent classification laws, decision making and enforcement.

15.3 The ALRC concludes that the potential scope of Commonwealth legislative power in this area is broad and likely to be sufficient to legislate all significant aspects of a new National Classification Scheme.

15.4 The ALRC also recommends that the new Act should express an intention that it is to cover the field, so that any state legislation operating in the same field ceases to operate, pursuant to s 109 of the Constitution.