Закон (№ 90) 1995 года «О классификации (публикаций, фильмов и компьютерных игр) (вопросы правоприменения)», Австралия, WIPO Lex

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Английский Classification (Publication, Films and Computer Games) (Enforcement) Act 1995 (version incorporating amendments as at January 17, 2013)

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (version incorporating amendments as at 17 January 2013)

Version No. 030

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995 Version incorporating amendments as at

17 January 2013

TABLE OF PROVISIONS Section Page

PART 1—PRELIMINARY 1

1 Purpose 1 2 Commencement 1 3 Definitions 2 4 Exhibition of film 7 5 Application of Act 7 5A Films consisting only of classified films 7

PART 2—FILMS 8

Division 1—Exhibition of films 8

6 Exhibition of film in public place 8 7 Display of notice about classifications 8 8 Exhibition of RC and X 18+ films 9 9 Exhibition of unclassified, RC, X 18+, R 18+ and MA 15+

films 9 10 Attendance of minor at certain films—offence by parents etc. 10 11 Attendance of minor at certain films—offence by minor 10 12 Private exhibition of certain films in presence of a minor 10 13 Attendance of minor at R 18+ film—offence by exhibitor 11 14 Attendance of minor at MA 15+ film—offence by exhibitor 12

Division 2—Sale of films 13

15 Unclassified, RC and X 18+ films 13 16 Classified films 14 17 Display of notice about classifications 15 18 Films to bear determined markings and consumer advice 15 19 Keeping unclassified, RC or X 18+ films with other films 16 20 Sale or delivery of certain films to minors 17

Section Page

Division 3—Miscellaneous 18

21 Power to demand name, age and address 18 22 Leaving films in certain places 20 23 Possession or copying of film for the purpose of sale or

exhibition 21 23A Possession or copying of commercial quantity of RC or X 18+

films 22 24 Making objectionable film 24

PART 3—PUBLICATIONS 25

25 Sale of unclassified or RC publications 25 26 Category 1 restricted publications 26 27 Category 2 restricted publications 27 27A Sale or delivery of publications contrary to conditions 28 27B Consumer advice for Unrestricted publications 28 28 Misleading or deceptive markings 28 29 Sale of restricted publications to minors 29 30 Leaving publications in certain places 29 31 Possession or copying of publication for the purpose of

publishing 31 32 Producing objectionable publications 32 33 Display of certain parts of publications and advertisements 33

PART 4—COMPUTER GAMES 34

34 Sale or demonstration of computer game 34 35 Display of notice about classifications 34 36 Unclassified and RC computer games 34 36A R 18+ computer games 35 37 MA 15+ computer games 36 38 Demonstration of unclassified, RC, R 18+ and MA 15+

computer games 36 39 Private demonstration of RC and R 18+ computer games in

presence of a minor 37 40 Computer games to bear determined markings and consumer

advice 38 41 Keeping unclassified or RC computer games with other

computer games 39 42 Sale or delivery of certain computer games to minors 40 43 Power to demand name, age and address 41 44 Leaving computer games in certain places 43 45 Possession or copying of computer game for the purpose of

sale or demonstration 44 45A Possession or copying of commercial quantity of RC computer

games 45

Section Page

iii

PART 5—ADVERTISEMENTS 47

46 Publishing of advertisements—approvals under Commonwealth Act 47

47 Certain films, publications and computer games not to be advertised 47

48 Screening of advertisements with feature films 48 49 Liability for certain advertisements 49 50 Sale of feature films with advertisements 50 51 Advertisements with computer games 51 52 Advertisement to contain determined markings and consumer

advice 52 53 Misleading or deceptive advertisements 53 54 Advertisements for Category 2 restricted publications 55 55 Classification symbols etc. to be published with advertisements 55

PART 6—ON-LINE INFORMATION SERVICES 57

56 Definitions 57 57 Publication or transmission of objectionable material 59 57A Publication or transmission of child pornography 60 58 Publication or transmission of certain material to minors 61 59 Advertising of objectionable material etc. 63

PART 7—CALL–IN PROVISIONS 64

60 Calling in submittable publications for classification 64 60A Calling in films for classification 65 61 Calling in computer games for classification 65 62 Calling in advertisements 67 62A Calling in a publication, film or computer game for

reclassification 68 62B Obtaining copies for review 68

PART 8—EXEMPTIONS 70

63 Exemption of film, publication, computer game or advertisement 70

64 Exemption of approved organisation 70 65 Ministerial directions or guidelines 70 66 Approval of organisation in relation to event 71 66A Approval of organisation in relation to activities or functions 72 67 Application by approved organisation for exemption 73

PART 9—ENFORCEMENT 75

68 Interpretation 75 69 Entry, search and seizure 75 70 Informed consent 76

Section Page

71 Search warrant 77 72 Announcement before entry 78 73 Details of warrant to be given to occupier 78 74 Seizure of things not mentioned in warrant 78 75 Forfeiture 79 75A Forfeiture—commercial quantity etc. 82

PART 10—GENERAL 84

76 Restricted publications area—construction and management 84 77 Restricted publications area—offences 85 78 Evidence 85 79 Commencement of prosecution for an offence 86 80 Proceeding against body corporate 86 81 Employees and agents 87 82 Costs 88 83 Publication to prescribed person or body 88 84 Regulations 89

PART 11—REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS 90

87 Transitional and saving provisions 90 87A Transitional provisions (1998 amendments) 92 87B Transitional provisions (2001 amendments) 92 87C Definition (2005 amendments) 93 87D Films and computer games classified before 2005 amendments 94 87E Offences committed before 2005 amendments 95 87F Other transitional provisions (2005 amendments) 96 87G Transitional provisions (2009 amendments) 97

_______________

SCHEDULE—Restricted Publications Area 99

═══════════════

ENDNOTES 100

1. General Information 100

2. Table of Amendments 101

3. Explanatory Details 103

Version No. 030

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995 Version incorporating amendments as at

17 January 2013

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1 Purpose The purpose of this Act is to give effect to the Commonwealth/State/Territory scheme for the classification of publications, films and computer games set out in the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth by—

(a) providing for the enforcement of classification decisions made under that Act; and

(b) prohibiting the publishing of certain publications, films and computer games; and

2 Commencement (1) Part 1 comes into operation on the day on which

this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3 Definitions In this Act—

acceptable proof of age, in relation to a person, means documentary evidence that might reasonably be accepted as applying to the person and as showing that the person is an adult;

adult means a person who is 18 or older; advertisement has the same meaning as in the

Commonwealth Act;

Advertising Scheme means the scheme for the advertising of unclassified films and unclassified computer games that is determined from time to time under section 31(1) of the Commonwealth Act;

approved advertisement means an advertisement approved under section 29 of the Commonwealth Act;

approved form means a form approved under section 8A of the Commonwealth Act;

assessed, in relation to an unclassified film or an unclassified computer game, means assessed in accordance with the Advertising Scheme or under section 33 of the Commonwealth Act;

s. 3

S. 3 def. of Advertising Scheme inserted by No. 33/2009 s. 4.

S. 3 def. of approved form substituted by No. 5/2008 s. 4(1).

S. 3 def. of assessed inserted by No. 33/2009 s. 4.

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Board means the Classification Board established by the Commonwealth Act;

business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;

buy means buy or exchange or hire and includes offer to buy or exchange or hire, agree to buy, exchange or hire and cause or permit to be bought or exchanged or hired, whether by retail or wholesale;

classification certificate means a certificate issued under section 25 of the Commonwealth Act;

classified means classified under the Commonwealth Act and includes re- classified under that Act;

Code means the National Classification Code, set out in the Schedule to the Commonwealth Act as originally enacted, as amended in accordance with section 6 of the Commonwealth Act;

commercial quantity, in relation to publications, films or computer games, means not less than 50 copies, whether of one or more than one publication, film or computer game;

Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;

Commonwealth Gazette means the Commonwealth of Australia Gazette;

computer game has the same meaning as in the Commonwealth Act;

consumer advice means consumer advice determined under section 20 of the Commonwealth Act;

s. 3

S. 3 def. of Code substituted by No. 6/2005 s. 4.

S. 3 def. of commercial quality inserted by No. 60/1998 s. 4.

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contentious material has the same meaning as in the Commonwealth Act;

Convenor means the Convenor of the Review Board appointed under section 74 of the Commonwealth Act;

court means the Magistrates' Court; demonstrate includes exhibit, display, screen or

make available for playing;

Deputy Director means Deputy Director of the Classification Board appointed under section 48 of the Commonwealth Act;

determined markings means markings determined under section 8 of the Commonwealth Act;

Director means Director of the Classification Board appointed under section 48 of the Commonwealth Act;

exempt computer game has the same meaning as in the Commonwealth Act;

exempt film has the same meaning as in the Commonwealth Act;

exhibit, in relation to a film, means project or screen;

film has the same meaning as in the Commonwealth Act;

guardian means an adult who is exercising parental control over a minor;

S. 3 def. of contentious material substituted by No. 69/2001 s. 4(a).

s. 3

S. 3 def. of Convenor inserted by No. 5/2008 s. 4(2).

S. 3 def. of exempt computer game inserted by No. 69/2001 s. 4(b).

S. 3 def. of exempt film inserted by No. 69/2001 s. 4(b).

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No. 90 of 1995

international flight, in relation to an aircraft, means a flight that passes through the air space over the territory of more than one country and includes any part of the flight that may occur within Australia;

international voyage, in relation to a vessel, means a voyage, whether direct or indirect, between a place in Australia and a place outside Australia and includes any part of the voyage that may occur within Australia;

minor means a person who is under 18; objectionable film means a film or an

advertisement for a film, not being an approved advertisement, that—

(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that is likely to cause offence to a reasonable adult; or

* * * * *

(d) is classified RC or X 18+ or would, if classified, be classified RC or X 18+ or has been, or would be, refused approval, as the case requires;

objectionable publication means a publication that—

(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that

S. 3 def. of international flight inserted by No. 69/2001 s. 4(c).

S. 3 def. of international voyage inserted by No. 69/2001 s. 4(c).

S. 3 def. of objectionable film amendedby No. 6/2005 ss 5(a), 10(1)(a).

s. 3

S. 3 def. of objectionable publication amendedby No. 6/2005 s. 10(1)(b).

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is likely to cause offence to a reasonable adult; or

(b) lacks serious literary, artistic, political, educational or scientific value and describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a manner that a reasonable adult would generally regard as unsuitable for minors; or

* * * * *

(d) promotes, incites or instructs in matters of crime or violence; or

(e) is classified RC or would, if classified, be classified RC;

place includes vacant land, premises, a vehicle, a vessel and an aircraft (except a vessel on an international voyage or an aircraft on an international flight);

public place means any place which the public is entitled to use or which is open to, or used by the public, whether on payment of money or otherwise;

publication has the same meaning as in the Commonwealth Act;

publish includes sell, offer for sale, let on hire, exhibit, display, distribute and demonstrate;

restricted publications area means any premises, or part of any premises, constructed and managed in accordance with section 76;

Review Board means the Classification Review Board established by the Commonwealth Act;

s. 3

S. 3 def. of place amendedby No. 69/2001 s. 4(d).

S. 3 def. of Review Board inserted by No. 69/2001 s. 4(e).

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

sell means sell or exchange or let on hire, and includes offer or display for sale or exchange or hire, agree to sell, exchange or hire and cause or permit to be sold or exchanged or hired, whether by retail or wholesale;

submittable publication has the same meaning as in the Commonwealth Act and includes a publication called in by the Director under section 60.

4 Exhibition of film For the purposes of this Act, a person is taken to exhibit a film in a public place if the person—

(a) arranges or conducts the exhibition of the film in the public place; or

(b) has the superintendence or management of the public place in which the film is exhibited.

5 Application of Act This Act does not apply to—

(a) exempt films or exempt computer games; or

(b) broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies.

5A Films consisting only of classified films Despite any other provision of this Act, a film that—

(a) is contained on one device; and

(b) consists only of 2 or more classified films—

is to be treated, for the purposes of this Act, as if each of the classified films were on a separate device.

_______________

S. 3 def. of submittable publication substituted by No. 69/2001 s. 4(f).

s. 4

S. 5 substituted by No. 69/2001 s. 5.

S. 5A inserted by No. 5/2008 s. 5.

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No. 90 of 1995

PART 2—FILMS

Division 1—Exhibition of films 6 Exhibition of film in public place

(1) A person must not exhibit a film in a public place unless the film—

(a) is classified; and

(b) is exhibited with the same title as that under which it is classified; and

Penalty: 240 penalty units or imprisonment for 2 years.

(2) Subsection (1) is not contravened by reason only of the exhibition of a classified film—

(a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films; or

(b) with a modification referred to in section 21(2) of the Commonwealth Act.

7 Display of notice about classifications A person who exhibits a film in a public place must keep a notice in the approved form about classifications for films on display in a prominent place in that public place so that the notice is clearly visible to the public.

Penalty: 5 penalty units.

S. 6 amendedby No. 5/2008 s. 6 (ILAs. 39B(1)).

s. 6

S. 6(2) inserted by No. 5/2008 s. 6.

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No. 90 of 1995

8 Exhibition of RC and X 18+ films A person must not exhibit in a public place a film classified RC or X 18+.

Penalty:

(a) if the film is classified X 18+—60 penalty units or imprisonment for 6 months;

(b) if the film is classified RC—240 penalty units or imprisonment for 2 years.

9 Exhibition of unclassified, RC, X 18+, R 18+ and MA 15+ films

A person must not exhibit any of the following so that it can be seen from a public place—

(a) an unclassified film which would, if classified, be classified RC, X 18+, R 18+ or MA 15+; or

(b) a film classified RC, X 18+, R 18+ or MA 15+.

Penalty:

(d) if the film is classified, or is subsequently classified, X 18+—60 penalty units or imprisonment for 6 months;

(e) if the film is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

S. 8 (Heading) inserted by No. 6/2005 s. 5(b). S. 8 amendedby No. 6/2005 s. 5(c).

S. 8(a) amendedby No. 6/2005 s. 5(c).

S. 9 (Heading) inserted by No. 6/2005 s. 5(d).

s. 8

S. 9(a) amendedby No. 6/2005 s. 5(e)(i)–(iii).

S. 9(b) amendedby No. 6/2005 s. 5(e)(i)–(iii).

S. 9(c) amendedby No. 6/2005 s. 5(e)(ii)(iii).

S. 9(d) amendedby No. 6/2005 s. 5(e)(i).

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

10 Attendance of minor at certain films—offence by parents etc.

A person who—

(a) is a parent or guardian of a minor; and

(b) knows that a film classified RC, X 18+ or R 18+ or an unclassified film which would, if classified, be classified RC, X 18+ or R 18+ is to be exhibited in a public place—

must not permit the minor to attend the exhibition of the film.

Penalty: 20 penalty units.

11 Attendance of minor at certain films—offence by minor

A minor who is 10 or older must not attend the exhibition in a public place of a film classified RC, X 18+ or R 18+, knowing that the film is so classified.

Penalty: 5 penalty units.

12 Private exhibition of certain films in presence of a minor (1) A person must not exhibit in a place, other than a

public place, in the presence of a minor a film classified RC, X 18+ or R 18+ or an unclassified film which would, if classified, be classified RC, X 18+ or R 18+.

Penalty:

(a) if the film is classified, or is subsequently classified, R 18+—20 penalty units;

(b) if the film is classified, or is subsequently classified, X 18+—60 penalty units or imprisonment for 6 months;

S. 10(b) amendedby No. 6/2005 s. 5(f)(i)(ii).

S. 11 amendedby No. 6/2005 s. 5(g)(i)(ii).

s. 10

S. 12(1) amendedby No. 6/2005 s. 5(h)(i)(ii).

S. 12(1)(a) amendedby No. 6/2005 s. 5(h)(ii).

S. 12(1)(b) amendedby No. 6/2005 s. 5(h)(i).

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No. 90 of 1995

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that—

(a) the accused believed on reasonable grounds that the minor was an adult; or

(b) the parent or guardian of the minor consented to the minor being present at the exhibition of the film.

13 Attendance of minor at R 18+ film—offence by exhibitor

(1) A person must not exhibit in a public place a film classified R 18+ if a minor is present during any part of the exhibition.

Penalty: 20 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that—

(a) the minor produced to the accused or the employee or agent of the accused acceptable proof of age before the minor was admitted to the public place; or

(b) the accused or the employee or agent of the accused believed on reasonable grounds that the minor was an adult.

S. 12(2)(a) amendedby No. 68/2009 s. 97(Sch. item 20.1).

S. 13 (Heading) inserted by No. 6/2005 s. 5(i).

s. 13

S. 13(1) amendedby No. 6/2005 s. 5(j).

S. 13(2)(a) amendedby No. 68/2009 s. 97(Sch. item 20.2).

S. 13(2)(b) amendedby No. 68/2009 s. 97(Sch. item 20.2).

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

14 Attendance of minor at MA 15+ film—offence by exhibitor

(1) A person must not exhibit in a public place a film classified MA 15+ if—

(a) a minor under 15 is present during any part of the exhibition; and

(b) the minor is not accompanied by his or her parent or guardian.

Penalty: 10 penalty units.

(2) For the purposes of subsection (1)—

(a) a minor does not cease to be accompanied if his or her parent or guardian is temporarily absent from the exhibition of the film; and

(b) an offence is committed in respect of each unaccompanied minor present at the exhibition of the film.

(3) It is a defence to a prosecution for an offence against subsection (1) to prove that—

(a) the accused or the employee or agent of the accused took all reasonable steps to ensure that a minor was not present in contravention of subsection (1); or

(b) the accused or the employee or agent of the accused believed on reasonable grounds that the minor was 15 or older; or

(c) the accused or the employee or agent of the accused believed on reasonable grounds that the person accompanying the minor was the minor's parent or guardian.

S. 14 (Heading) inserted by No. 6/2005 s. 5(k).

s. 14

S. 14(1) amendedby No. 6/2005 s. 5(l).

S. 14(3)(a) amendedby No. 68/2009 s. 97(Sch. item 20.3).

S. 14(3)(b) amendedby No. 68/2009 s. 97(Sch. item 20.3).

S. 14(3)(c) amendedby No. 68/2009 s. 97(Sch. item 20.3).

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

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Division 2—Sale of films 15 Unclassified, RC and X 18+ films

(1) A person must not sell an unclassified film or a film classified RC or X 18+.

Penalty:

(a) if the film is subsequently classified G, PG or M—5 penalty units;

(b) if the film is subsequently classified MA 15+ or R 18+—10 penalty units;

(d) if the film is classified or is subsequently classified RC—240 penalty units or imprisonment for 2 years.

(2) A person must not sell a commercial quantity of—

(a) films classified X 18+; or

(b) unclassified films which would, if classified, be classified X 18+; or

S. 15 (Heading) inserted by No. 6/2005 s. 5(m). S. 15 amendedby No. 60/1998 s. 5 (ILA s. 39B(1)).

s. 15

S. 15(1) amendedby No. 6/2005 s. 5(n)(i).

S. 15(1)(b) amendedby No. 6/2005 s. 5(n)(ii)(iii).

S. 15(1)(c) amendedby No. 6/2005 s. 5(n)(i).

S. 15(2) inserted by No. 60/1998 s. 5.

S. 15(2)(a) amendedby No. 6/2005 s. 5(n)(i).

S. 15(2)(b) amendedby No. 6/2005 s. 5(n)(i).

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Penalty: 240 penalty units.

(3) A person must not sell a commercial quantity of—

(a) films classified RC; or

(b) unclassified films which would, if classified, be classified RC; or

Penalty: 1200 penalty units or imprisonment for 10 years.

(4) An offence against subsection (3) is an indictable offence.

16 Classified films (1) A person must not sell a classified film unless the

film is sold—

(a) under the same title as that under which it is classified; and

(b) in the form, without alteration or addition, in which it is classified.

Penalty: 240 penalty units or imprisonment for 2 years.

(2) Subsection (1) is not contravened by reason only of the sale of a classified film—

(a) under a title different from that under which it is classified if it is contained on one device that consists only of 2 or more classified films; or

S. 15(3) inserted by No. 60/1998 s. 5.

S. 15(4) inserted by No. 60/1998 s. 5.

S. 16 amendedby No. 5/2008 s. 7 (ILAs. 39B(1)).

s. 16

S. 16(2) inserted by No. 5/2008 s. 7.

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No. 90 of 1995

(b) with a modification referred to in section 21(2) of the Commonwealth Act.

17 Display of notice about classifications A person who sells films on any premises must keep a notice in the approved form about classifications for films on display in a prominent place on the premises so that the notice is clearly visible to the public.

Penalty: 5 penalty units.

18 Films to bear determined markings and consumer advice (1) A person must not sell a film unless the

determined markings relevant to the classification of the film and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the film.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(2) A person must not sell an unclassified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film has been classified.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

s. 17

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(3) A person must not sell a classified film if the container, wrapping or casing in which the film is sold bears a marking that indicates or suggests that the film is unclassified or has a different classification.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(4) If—

(a) a film is reclassified under section 39 or 97A of the Commonwealth Act; or

(b) the Board revokes a classification or consumer advice for a film under section 22B(3) of that Act—

display of the determined markings and consumer advice applicable to the film before that reclassification or revocation is sufficient compliance with this section for a period of 14 days after the decision to reclassify or revoke takes effect.

19 Keeping unclassified, RC or X 18+ films with other films

(1) If a person keeps or possesses an unclassified film or a film classified RC or X 18+ on any premises where classified films are sold, the person and the occupier of the premises are each guilty of an offence punishable on conviction by—

(a) if the film is classified, or is subsequently classified, X 18+—a fine not exceeding 60 penalty units or imprisonment not exceeding 6 months;

S. 18(4) substituted by No. 69/2001 s. 6.

S. 19 (Heading) inserted by No. 6/2005 s. 5(o).

s. 19

S. 19(1) amendedby No. 6/2005 s. 5(p).

S. 19(1)(a) amendedby No. 6/2005 s. 5(p).

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

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(b) if the film is classified, or is subsequently classified, RC—a fine not exceeding 240 penalty units or imprisonment not exceeding 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused did not know, and could not reasonably have known, that the film was on the premises.

20 Sale or delivery of certain films to minors (1) A person must not sell or deliver to a minor a film

classified RC or X 18+ or an unclassified film which would, if classified, be classified RC or X 18+.

Penalty:

(a) if the film is classified, or is subsequently classified, X 18+—60 penalty units or imprisonment for 6 months;

(b) if the film is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

(2) A person must not sell or deliver to a minor a film classified R 18+, unless the person is a parent or guardian of the minor.

Penalty: 30 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (2) to prove that—

(a) the minor produced to the accused or the employee or agent of the accused acceptable proof of age before the accused sold or delivered the film to the minor and the accused or the employee or agent of the accused believed on reasonable grounds that the minor was an adult; or

S. 19(2) amendedby No. 68/2009 s. 97(Sch. item 20.4).

s. 20

S. 20(1) amendedby No. 6/2005 s. 5(q)(i).

S. 20(1)(a) amendedby No. 6/2005 s. 5(q)(i).

S. 20(2) amendedby No. 6/2005 s. 5(q)(ii).

S. 20(3)(a) amendedby No. 68/2009 s. 97(Sch. item 20.5 (a)(b)).

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

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(b) in the case of delivery of a film classified R 18+, the minor was employed by the accused or the employer of the accused and the delivery took place in the course of that employment.

(4) A minor who is 15 or older must not buy a film classified RC, X 18+ or R 18+ knowing that it is so classified.

Penalty: 5 penalty units.

(5) A person must not sell or deliver to a minor under 15 a film classified MA 15+, unless the person is a parent or guardian of the minor.

Penalty: 10 penalty units.

(6) It is a defence to a prosecution for an offence against subsection (5) to prove that the accused or the employee or agent of the accused believed on reasonable grounds that—

(a) the minor was 15 or older; or

(b) the parent or guardian of the minor had consented to the sale or delivery.

Division 3—Miscellaneous 21 Power to demand name, age and address

(1) A member of the police force who has reasonable cause to suspect that a person to whom a film is being or is about to be exhibited, sold or delivered has contravened or is about to contravene a provision of this Part may demand the person's name, age and address.

(2) A member of the police force who makes a request under subsection (1) must inform the person of the grounds for his or her suspicion in

S. 20(3)(b) amendedby Nos 6/2005 s. 5(q)(ii), 68/2009 s. 97(Sch. item 20.5 (a)(c)).

S. 20(4) amendedby No. 6/2005 s. 5(q)(i)(ii).

S. 20(5) amendedby No. 6/2005 s. 5(q)(iii).

S. 20(6) amendedby No. 68/2009 s. 97(Sch. item 20.6).

s. 21

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sufficient detail to allow the person to understand the nature of the contravention.

(3) Subject to subsection (8), a person must not give false particulars or fail or refuse to give satisfactory particulars demanded under subsection (1).

Penalty: 5 penalty units.

(4) A person who is requested by a member under subsection (1) to state his or her name, age and address may request the member to state, orally or in writing, his or her name, rank and place of duty.

(5) A member of the police force must not, in response to a request under subsection (4)—

(a) refuse or fail to comply with the request; or

(b) state a name or rank that is false in a material particular; or

(c) state as his or her place of duty an address other than the name of the police station which is the member's ordinary place of duty; or

(d) refuse to comply with the request in writing if requested to do so.

Penalty: 5 penalty units.

(6) If a member of the police force has reasonable grounds to believe that any of the particulars given by a person under subsection (1) are false, the member may require the person to produce within a reasonable time evidence of the correctness of the particulars given by the person.

(7) A person must not fail or refuse to produce satisfactory evidence of the correctness of particulars required under subsection (6).

Penalty: 1 penalty unit.

s. 21

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(8) If—

(a) a film is about to be exhibited in a public place in contravention of this Part; and

(b) a demand under subsection (1) is made to a person attending the exhibition; and

the person is not guilty of an offence against subsection (3).

22 Leaving films in certain places (1) A person must not leave in a public place or,

without the occupier's permission, on private premises—

(a) a film classified RC, X 18+, R 18+ or MA 15+; or

(b) an unclassified film which would, if classified, be classified RC, X 18+, R 18+ or MA 15+.

Penalty:

(d) if the film is classified, or is subsequently classified, X 18+—60 penalty units or imprisonment for 6 months;

(e) if the film is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused believed on reasonable grounds that the film was not, or would not be, so classified.

s. 22

S. 22(1)(a) amendedby No. 6/2005 s. 5(r)(i)–(iii).

S. 22(1)(b) amendedby No. 6/2005 s. 5(r)(i)–(iii).

S. 22(1)(c) amendedby No. 6/2005 s. 5(r)(ii)(iii).

S. 22(1)(d) amendedby No. 6/2005 s. 5(r)(i).

S. 22(2) amendedby No. 68/2009 s. 97(Sch. item 20.7).

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

23 Possession or copying of film for the purpose of sale or exhibition (1) A person who possesses—

(a) a film classified RC or X 18+; or

(b) an unclassified film which would, if classified, be classified RC, X 18+, R 18+ or MA 15+—

with the intention of selling or exhibiting the film is guilty of an offence.

(2) A person who copies—

(a) a film classified RC or X 18+; or

(b) an unclassified film which would, if classified, be classified RC, X 18+, R 18+ or MA 15+—

with the intention of selling or exhibiting the film or the copy is guilty of an offence.

(3) In proceedings for an offence against this section, evidence that a person made 10 or more copies of an unclassified film is evidence that the person intended to sell or exhibit the film and, in the absence of evidence to the contrary, is proof of that fact.

(4) A person who is guilty of an offence against this section is liable on conviction to—

(a) if the film is classified, or is subsequently classified, R 18+ or MA 15+—a fine not exceeding 10 penalty units;

s. 23

S. 23(1)(a) amendedby No. 6/2005 s. 5(s)(i).

S. 23(1)(b) amendedby No. 6/2005 s. 5(s)(i)–(iii).

S. 23(2)(a) amendedby No. 6/2005 s. 5(s)(i).

S. 23(2)(b) amendedby No. 6/2005 s. 5(s)(i)–(iii).

S. 23(4)(a) amendedby No. 6/2005 s. 5(s)(ii)(iii).

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No. 90 of 1995

(b) if the film is classified, or is subsequently classified, X 18+—a fine not exceeding 60 penalty units or imprisonment not exceeding 6 months;

(c) if the film is classified, or is subsequently classified, RC—a fine not exceeding 240 penalty units or imprisonment not exceeding 2 years.

23A Possession or copying of commercial quantity of RC or X 18+ films (1) A person who possesses a commercial quantity

of—

(a) films classified RC; or

(b) unclassified films which would, if classified, be classified RC; or

with the intention of selling or exhibiting the films is guilty of an indictable offence.

(2) A person who copies a commercial quantity of—

(a) films classified RC; or

(b) unclassified films which would, if classified, be classified RC; or

with the intention of selling or exhibiting the films or the copies is guilty of an indictable offence.

(3) A person who is guilty of an offence against subsection (1) or (2) is liable to a term of imprisonment not exceeding 10 years or to a fine not exceeding 1200 penalty units.

S. 23(4)(b) amendedby No. 6/2005 s. 5(s)(i).

S. 23A (Heading) inserted by No. 6/2005 s. 5(t). S. 23A inserted by No. 60/1998 s. 6.

s. 23A

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(4) A person who possesses a commercial quantity of—

(a) films classified X 18+; or

(b) unclassified films which would, if classified, be classified X 18+; or

with the intention of selling or exhibiting the films is guilty of an offence.

(5) A person who copies a commercial quantity of—

(a) films classified X 18+; or

(b) unclassified films which would, if classified, be classified X 18+; or

with the intention of selling or exhibiting the films or the copies is guilty of an offence.

(6) A person who is guilty of an offence against subsection (4) or (5) is liable to a fine not exceeding 240 penalty units.

(7) In proceedings for an offence against a provision of this section, evidence that a person made 50 or more copies of an unclassified film is evidence that the person intended to sell or exhibit the films and, in the absence of evidence to the contrary, is proof of that fact.

S. 23A(4)(a) amendedby No. 6/2005 s. 5(u).

S. 23A(4)(b) amendedby No. 6/2005 s. 5(u).

s. 23A

S. 23A(5)(a) amendedby No. 6/2005 s. 5(u).

S. 23A(5)(b) amendedby No. 6/2005 s. 5(u).

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No. 90 of 1995

24 Making objectionable film (1) A person must not, for the purpose of gain, make

or produce an objectionable film.

Penalty: 240 penalty units or imprisonment for 2 years.

(2) A prosecution for an offence against this section may be brought at any time.

_______________

s. 24

Part 3—Publications

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

PART 3—PUBLICATIONS

25 Sale of unclassified or RC publications (1) A person must not sell or deliver (other than for

the purpose of classification or law enforcement)—

(a) a submittable publication; or

(b) a publication classified RC.

Penalty:

(d) if the publication is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1)(a) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted.

(3) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused believed on reasonable grounds that the publication was not a submittable publication or a publication classified RC, as the case may be.

(4) A person must not sell a commercial quantity of—

(a) publications classified RC; or

(b) unclassified publications which would, if classified, be classified RC; or

Penalty: 1200 penalty units or imprisonment for 10 years.

s. 25

S. 25(3) amendedby No. 68/2009 s. 97(Sch. item 20.8).

S. 25(4) inserted by No. 60/1998 s. 7.

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(5) An offence against subsection (4) is an indictable offence.

26 Category 1 restricted publications (1) Subject to subsection (2), a person must not sell or

deliver a publication classified Category 1 restricted unless—

(a) it is contained in a sealed package made of plain, opaque material; and

(b) both the publication and the package bear the determined markings.

Penalty: 60 penalty units or imprisonment for 6 months.

(1A) For the purposes of subsection (1), plain does not include the title of the publication.

(2) Subject to any condition imposed by the Board under section 13A(2) of the Commonwealth Act, if the sale or delivery takes place in a restricted publications area, the package need not be sealed but on delivery must be contained in an opaque wrapper.

(3) If—

(a) a publication is reclassified under section 39 or 97A of the Commonwealth Act; or

(b) the Board revokes a classification for a publication under section 22B(3) of that Act—

it is sufficient compliance with subsection (1) for a period of 14 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation.

S. 25(5) inserted by No. 60/1998 s. 7.

s. 26

S. 26(1) substituted by No. 60/1998 s. 8.

S. 26(1A) inserted by No. 60/1998 s. 8.

S. 26(2) amendedby No. 69/2001 s. 7(1).

S. 26(3) substituted by No. 69/2001 s. 7(2).

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No. 90 of 1995

27 Category 2 restricted publications (1) A publication that is classified Category 2

restricted must not be—

(a) displayed except in a restricted publications area; or

(b) delivered to a person who has not made a direct request for the publication; or

(d) published unless it bears the determined markings.

(2) A person must not sell, deliver or publish a publication classified Category 2 restricted that does not comply with this section.

Penalty: 60 penalty units or imprisonment for 6 months.

(3) If—

(a) a publication is reclassified under section 39 or 97A of the Commonwealth Act; or

(b) the Board revokes a classification for a publication under section 22B(3) of that Act—

it is sufficient compliance with subsection (1)(d) for a period of 14 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation.

s. 27

S. 27(3) substituted by No. 69/2001 s. 8.

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No. 90 of 1995

27A Sale or delivery of publications contrary to conditions

If a publication is classified Unrestricted or Category 1 restricted subject to a condition imposed under section 13A of the Commonwealth Act, a person must not sell or deliver the publication except in accordance with that condition.

Penalty: 60 penalty units or imprisonment for 6 months.

27B Consumer advice for Unrestricted publications A person must not sell a publication classified Unrestricted in respect of which the Board has determined consumer advice under section 20(2) of the Commonwealth Act unless the consumer advice is displayed on the publication or the packaging of the publication.

Penalty: 60 penalty units or imprisonment for 6 months.

28 Misleading or deceptive markings (1) A person must not publish an unclassified

publication with a marking, or in packaging with a marking, that indicates or suggests that the publication has been classified.

Penalty: 60 penalty units or imprisonment for 6 months.

(2) A person must not publish a classified publication with a marking, or in packaging with a marking, that indicates or suggests that the publication is unclassified or has a different classification.

Penalty: 60 penalty units or imprisonment for 6 months.

S. 27A inserted by No. 69/2001 s. 9.

s. 27A

S. 27B inserted by No. 69/2001 s. 9.

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No. 90 of 1995

(3) If—

(a) a publication is reclassified under section 39 or 97A of the Commonwealth Act; or

(b) the Board revokes a classification for a publication under section 22B(3) of that Act—

it is sufficient compliance with this section for a period of 14 days after the decision to reclassify or revoke takes effect if the publication bears the determined markings applicable to the publication before that reclassification or revocation.

29 Sale of restricted publications to minors (1) A person must not sell or deliver to a minor a

publication classified Category 1 restricted or Category 2 restricted, unless the person is a parent or guardian of the minor.

Penalty: 60 penalty units or imprisonment for 6 months.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the minor produced to the accused acceptable proof of age before the accused sold or delivered the publication to the minor and the accused believed on reasonable grounds that the minor was an adult.

30 Leaving publications in certain places (1) A person must not leave in a public place or

display in such a manner as to be visible to persons in a public place—

(a) a submittable publication; or

S. 28(3) substituted by No. 69/2001 s. 10.

s. 29

S. 29(2) amendedby No. 68/2009 s. 97(Sch. item 20.9).

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No. 90 of 1995

(b) a publication classified Category 1 restricted, Category 2 restricted or RC.

Penalty:

(c) if the publication is classified, or is subsequently classified, Category 1 restricted or Category 2 restricted—60 penalty units or imprisonment for 6 months;

(d) if the publication is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that—

(a) since the offence was alleged to have been committed, the publication has been classified Unrestricted; or

(b) the accused believed on reasonable grounds that the publication was not a submittable publication or a publication classified Category 1 restricted, Category 2 restricted or RC, as the case may be; or

(c) in the case of a publication classified Category 1 restricted, the public place was a shop or stall and the publication and packaging complied with section 26; or

(d) in the case of a publication classified Category 2 restricted, the accused believed on reasonable grounds that the public place was a restricted publications area.

(3) A person must not leave on private premises, without the occupier's permission—

(a) a submittable publication; or

S. 30(2)(b) amendedby No. 68/2009 s. 97(Sch. item 20.10).

S. 30(2)(d) amendedby No. 68/2009 s. 97(Sch. item 20.10).

s. 30

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(b) a publication classified Category 1 restricted, Category 2 restricted or RC.

Penalty:

(c) if the publication is classified, or is subsequently classified, Category 1 restricted or Category 2 restricted—60 penalty units or imprisonment for 6 months;

(d) if the publication is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

(4) It is a defence to a prosecution for an offence against subsection (3)(a) to prove that since the offence was alleged to have been committed, the publication has been classified Unrestricted.

(5) It is a defence to a prosecution for an offence against subsection (3) to prove that the accused believed on reasonable grounds that the publication was not a submittable publication or a publication classified Category 1 restricted, Category 2 restricted or RC, as the case may be.

31 Possession or copying of publication for the purpose of publishing (1) A person must not possess or copy—

(a) a submittable publication; or

(b) a publication classified RC—

with the intention of selling the publication or the copy.

Penalty:

(c) if the publication is subsequently classified Category 1 restricted or Category 2 restricted—60 penalty units or imprisonment for 6 months;

S. 30(5) amendedby No. 68/2009 s. 97(Sch. item 20.11).

s. 31

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(d) if the publication is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that since the offence was alleged to have been committed the publication has been classified Unrestricted.

(3) A person must not possess or copy a commercial quantity of—

(a) publications classified RC; or

(b) unclassified publications which would, if classified, be classified RC; or

with the intention of selling the publications or the copies.

Penalty: 1200 penalty units or imprisonment for 10 years.

(4) An offence against subsection (3) is an indictable offence.

32 Producing objectionable publications (1) A person must not print or otherwise make or

produce an objectionable publication for the purpose of publishing it.

Penalty: 240 penalty units or imprisonment for 2 years.

(2) A prosecution for an offence against this section may be brought at any time.

S. 31(3) inserted by No. 60/1998 s. 9.

S. 31(4) inserted by No. 60/1998 s. 9.

s. 32

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No. 90 of 1995

33 Display of certain parts of publications and advertisements (1) A person must not exhibit or display for sale in a

public place to which minors have access any publication or advertisement for a publication if any part of that publication or advertisement depicts or deals with nudity, sex, drug misuse, crime, cruelty, violence or revolting phenomena in a manner that a reasonable adult would consider unsuitable for general public display unless—

(a) that part of the publication or advertisement is concealed by a cover; or

(b) the publication or advertisement is displayed in a rack that conceals that part; or

Penalty: 10 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused or the employee or agent of the accused took reasonable precautions to ensure that the publication or advertisement was not exhibited or displayed in contravention of subsection (1).

_______________

S. 33(2) amendedby No. 68/2009 s. 97(Sch. item 20.12).

s. 33

Part 4—Computer Games

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

PART 4—COMPUTER GAMES

34 Sale or demonstration of computer game A person must not sell a computer game or demonstrate a computer game in a public place unless the computer game—

(a) is classified; and

(b) is sold or demonstrated with the same title as that under which it is classified; and

Penalty: 240 penalty units or imprisonment for 2 years.

35 Display of notice about classifications A person who sells or demonstrates a computer game in a public place must keep a notice in the approved form about classifications for computer games on display in a prominent place in that public place so that the notice is clearly visible to the public.

Penalty: 5 penalty units.

36 Unclassified and RC computer games (1) A person must not—

(a) sell; or

(b) demonstrate in a public place—

a computer game classified RC or an unclassified computer game which would, if classified, be classified RC.

Penalty: 240 penalty units or imprisonment for 2 years.

s. 34

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(2) A minor who is 10 or older must not buy a computer game classified RC, knowing that it is so classified.

Penalty: 5 penalty units.

(3) A person must not sell a commercial quantity of—

(a) computer games classified RC; or

(b) unclassified computer games which would, if classified, be classified RC; or

Penalty: 1200 penalty units or imprisonment for 10 years.

(4) An offence against subsection (3) is an indictable offence.

36A R 18+ computer games A person must not demonstrate a computer game classified R 18+ in a public place unless—

(a) the determined markings are exhibited before the computer game can be played; and

(b) entry to the place is restricted to adults.

Penalty: 10 penalty units.

S. 36(3) inserted by No. 60/1998 s. 10.

S. 36(4) inserted by No. 60/1998 s. 10.

S. 36A inserted by No. 72/2012 s. 4.

s. 36A

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No. 90 of 1995

37 MA 15+ computer games

A person must not demonstrate a computer game classified MA 15+ in a public place unless—

(a) the determined markings are exhibited before the computer game can be played; and

(b) entry to the place is restricted to adults or minors who are in the care of a parent or guardian while in the public place.

Penalty: 5 penalty units.

38 Demonstration of unclassified, RC, R 18+ and MA 15+ computer games

A person must not demonstrate any of the following so that it can be seen from a public place—

(a) an unclassified computer game which would, if classified, be classified RC, R 18+ or MA 15+; or

(b) a computer game classified RC, R 18+ or MA 15+.

Penalty:

(ca) if the computer game is classified, or is subsequently classified, R 18+—40 penalty units;

S. 37 (Heading) inserted by No. 6/2005 s. 6(a).

S. 37 amendedby No. 6/2005 s. 6(b).

S. 38 (Heading) inserted by No. 6/2005 s. 6(c), amendedby No. 72/2012 s. 5(1).

s. 37

S. 38(a) amendedby Nos 6/2005 s. 6(d), 72/2012 s. 5(2).

S. 38(b) amendedby Nos 6/2005 s. 6(d), 72/2012 s. 5(2).

S. 38(c) amendedby No. 6/2005 s. 6(d).

S. 38(ca) inserted by No. 72/2012 s. 5(3).

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No. 90 of 1995

(d) if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

39 Private demonstration of RC and R 18+ computer games in presence of a minor

(1) A person must not demonstrate in a place, other than a public place, in the presence of a minor a computer game classified RC or R 18+ or an unclassified computer game which would, if classified, be classified RC or R 18+.

Penalty:

(a) if the computer game is classified, or is subsequently classified, R 18+—40 penalty units;

(b) if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that—

(a) the accused believed on reasonable grounds that the minor was an adult; or

(b) the parent or guardian of the minor consented to the minor being present at the demonstration of the computer game.

S. 39 (Heading) inserted by No. 72/2012 s. 6(1).

S. 39(1) amendedby No. 72/2012 s. 6(2)(3).

s. 39

S. 39(2)(a) amendedby No. 68/2009 s. 97(Sch. item 20.13).

Part 4—Computer Games

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

40 Computer games to bear determined markings and consumer advice (1) A person must not sell a computer game unless

the determined markings relevant to the classification of the computer game and relevant consumer advice, if any, are displayed on the container, wrapping or casing of the computer game.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(2) A person must not sell an unclassified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game has been classified.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(3) A person must not sell a classified computer game if the container, wrapping or casing in which the computer game is sold bears a marking that indicates or suggests that the computer game is unclassified or has a different classification.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(3A) A person must not make a computer game available for playing on a pay and play basis (for example, a coin operated arcade game) unless the determined markings relevant to the classification of the computer game and relevant consumer

s. 40

S. 40(3A) inserted by No. 69/2001 s. 11(1).

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

advice, if any, are displayed on the device used for playing the game.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(3B) If two or more computer games are available for playing on a device referred to in subsection (3A), the determined markings and consumer advice to be displayed on the device are those relevant to the computer game with the highest classification under the Commonwealth Act.

(4) If—

(a) a computer game is reclassified under section 39 of the Commonwealth Act; or

(b) the Board revokes a classification or consumer advice for a computer game under section 22B(3) of that Act—

display of the determined markings and consumer advice applicable to the computer game before that reclassification or revocation is sufficient compliance with this section for a period of 14 days after the decision to reclassify or revoke takes effect.

41 Keeping unclassified or RC computer games with other computer games (1) If a person keeps or possesses an unclassified

computer game or a computer game classified RC on any premises where classified computer games are sold or demonstrated, the person and the occupier of the premises are each guilty of an offence punishable on conviction by—

S. 40(3B) inserted by No. 69/2001 s. 11(1).

S. 40(4) substituted by No. 69/2001 s. 11(2).

s. 41

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No. 90 of 1995

(a) if the computer game is subsequently classified MA 15+—a fine not exceeding 60 penalty units or imprisonment not exceeding 6 months;

(ab) if the computer game is subsequently classified R 18+—a fine not exceeding 120 penalty units or imprisonment not exceeding 1 year;

(b) if the computer game is classified, or is subsequently classified, RC—a fine not exceeding 240 penalty units or imprisonment not exceeding 2 years;

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused did not know, and could not reasonably have known, that the computer game was on the premises.

42 Sale or delivery of certain computer games to minors (1) A person must not sell or deliver to a minor a

computer game classified RC or an unclassified computer game which would, if classified, be classified RC.

Penalty: 240 penalty units or imprisonment for 2 years.

(1A) A person must not sell or deliver to a minor a computer game classified R 18+, or an unclassified computer game which would, if classified, be classified R 18+, unless the person is a parent or guardian of the minor.

Penalty: 60 penalty units or imprisonment for 6 months.

S. 41(1)(a) amendedby No. 6/2005 s. 6(e).

S. 41(1)(ab) inserted by No. 72/2012 s. 7.

S. 41(2) amendedby No. 68/2009 s. 97(Sch. item 20.14).

s. 42

S. 42(1A) inserted by No. 72/2012 s. 8(1).

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No. 90 of 1995

(2) A person must not sell or deliver to a minor who is under 15 a computer game classified MA 15+, unless the person is a parent or guardian of the minor.

Penalty: 30 penalty units.

(2A) It is a defence to a prosecution for an offence against subsection (1A) to prove that—

(a) the minor produced to the accused or the employee or agent of the accused acceptable proof of age before the accused sold or delivered the computer game to the minor and the accused or employee or agent of the accused believed on reasonable grounds that the minor was an adult; or

(b) in the case of delivery of a computer game classified R 18+, the minor was employed by the accused or the employer of the accused and the delivery took place in the course of that employment.

(3) It is a defence to a prosecution for an offence against subsection (2) to prove that the accused or the employee or agent of the accused believed on reasonable grounds that—

(a) the minor was 15 or older; or

(b) the parent or guardian of the minor had consented to the sale or delivery.

43 Power to demand name, age and address (1) A member of the police force who has reasonable

cause to suspect that a person to whom a computer game is being or is about to be demonstrated, sold or delivered has contravened or is about to contravene a provision of this Part may demand the person's name, age and address.

S. 42(2) amendedby No. 6/2005 s. 6(f).

S. 42(2A) inserted by No. 72/2012 s. 8(2).

S. 42(3) amendedby No. 68/2009 s. 97(Sch. item 20.15).

s. 43

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No. 90 of 1995

(2) A member of the police force who makes a request under subsection (1) must inform the person of the grounds for his or her suspicion in sufficient detail to allow the person to understand the nature of the contravention.

(3) Subject to subsection (8), a person must not give false particulars or fail or refuse to give satisfactory particulars demanded under subsection (1).

Penalty: 5 penalty units.

(5) A member of the police force must not, in response to a request under subsection (4)—

(a) refuse or fail to comply with the request; or

(b) state a name or rank that is false in a material particular; or

(c) state as his or her place of duty an address other than the name of the police station which is the member's ordinary place of duty; or

(d) refuse to comply with the request in writing if requested to do so.

Penalty: 5 penalty units.

s. 43

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(7) A person must not fail or refuse to produce satisfactory evidence of the correctness of particulars required under subsection (6).

Penalty: 1 penalty unit.

(8) If—

(a) a computer game is about to be demonstrated in a public place in contravention of this Part; and

(b) a demand under subsection (1) is made to a person attending the demonstration; and

the person is not guilty of an offence against subsection (3).

44 Leaving computer games in certain places (1) A person must not leave in a public place or,

without the occupier's permission, on private premises—

(a) a computer game classified RC, R 18+ or MA 15+; or

(b) an unclassified computer game which would, if classified, be classified RC, R 18+ or MA 15+.

Penalty:

(c) if the computer game is classified, or is subsequently classified, MA 15+— 60 penalty units or imprisonment for 6 months;

s. 44

S. 44(1)(a) amendedby Nos 6/2005 s. 6(g), 72/2012 s. 9(1).

S. 44(1)(b) amendedby Nos 6/2005 s. 6(g), 72/2012 s. 9(1).

S. 44(1)(c) amendedby No. 6/2005 s. 6(g).

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(ca) if the computer game is classified, or is subsequently classified, R 18+—120 penalty units or imprisonment for 1 year;

(d) if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused believed on reasonable grounds that the computer game was not, or would not be, so classified.

45 Possession or copying of computer game for the purpose of sale or demonstration (1) A person must not possess—

(a) a computer game classified RC; or

(b) an unclassified computer game—

with the intention of selling or demonstrating the computer game.

Penalty:

(ca) if the computer game is subsequently classified R 18+—120 penalty units or imprisonment for 1 year;

(d) if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years;

(e) in any other case—30 penalty units.

S. 44(1)(ca) inserted by No. 72/2012 s. 9(2).

S. 44(2) amendedby No. 68/2009 s. 97(Sch. item 20.16).

s. 45

S. 45(1)(c) amendedby No. 6/2005 s. 6(h)(i).

S. 45(1)(ca) inserted by No. 72/2012 s. 10(1).

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(2) A person must not copy—

(a) a computer game classified RC; or

(b) an unclassified computer game—

with the intention of selling or demonstrating the computer game or the copy.

Penalty:

(ca) if the computer game is subsequently classified R 18+—120 penalty units or imprisonment for 1 year;

(d) if the computer game is classified, or is subsequently classified, RC—240 penalty units or imprisonment for 2 years;

(e) in any other case—30 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (1) or (2) to prove that since the offence was alleged to have been committed the computer game has been classified M, PG or G.

(4) In proceedings for an offence against this section, evidence that a person made 10 or more copies of an unclassified computer game is evidence that the person intended to sell or demonstrate the computer game and, in the absence of evidence to the contrary, is proof of that fact.

45A Possession or copying of commercial quantity of RC computer games (1) A person must not possess a commercial quantity

of—

(a) computer games classified RC; or

(b) unclassified computer games which would, if classified, be classified RC; or

S. 45(2)(c) amendedby No. 6/2005 s. 6(h)(i).

S. 45(2)(ca) inserted by No. 72/2012 s. 10(2).

S. 45(3) amendedby No. 6/2005 s. 6(h)(ii)(iii).

S. 45A inserted by No. 60/1998 s. 11.

s. 45A

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with the intention of selling or demonstrating the computer games.

Penalty: 1200 penalty units or imprisonment for 10 years.

(2) A person must not copy a commercial quantity of—

(a) computer games classified RC; or

(b) unclassified computer games which would, if classified, be classified RC; or

with the intention of selling or demonstrating the computer games or the copies.

Penalty: 1200 penalty units or imprisonment for 10 years.

(3) An offence against subsection (1) or (2) is an indictable offence.

(4) In proceedings for an offence against a provision of this section, evidence that a person made 50 or more copies of an unclassified computer game is evidence that the person intended to sell or demonstrate the computer games and, in the absence of evidence to the contrary, is proof of that fact.

_______________

s. 45A

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Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

PART 5—ADVERTISEMENTS

46 Publishing of advertisements—approvals under Commonwealth Act

A person must not publish an advertisement for a film or publication or computer game—

(a) if the advertisement has not been submitted for approval under section 29 of the Commonwealth Act and, if submitted, would be refused approval; or

(b) if the advertisement has been refused approval under section 29 of the Commonwealth Act; or

(ba) if the advertisement was approved under section 29 of the Commonwealth Act and the approval is revoked under section 13(5) or 21A of that Act; or

(c) if the advertisement is approved under section 29 of the Commonwealth Act, in an altered form to the form in which it is approved; or

(d) if the advertisement is approved under section 29 of the Commonwealth Act subject to conditions, except in accordance with those conditions.

Penalty: 50 penalty units.

47 Certain films, publications and computer games not to be advertised (1) A person must not publish an advertisement for—

(a) an unclassified film or an unclassified computer game otherwise than in accordance with the conditions on which unclassified films and unclassified computer games may be advertised that are set out in the Advertising Scheme; or

S. 46 (Heading) inserted by No. 33/2009 s. 5

s. 46

S. 46(ba) inserted by No. 69/2001 s. 12(1).

S. 47(1)(a) substituted by No. 33/2009 s. 6(1).

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(b) a film classified RC or X 18+; or

(d) a publication classified RC; or

* * * * *

(f) a computer game classified RC.

Penalty: 50 penalty units.

(2) For the purposes of this section, if—

(a) a person publishes an advertisement for an unclassified film or an unclassified computer game at the request of another person; and

(b) the person who publishes the advertisement notifies a member of the police force of the identity of the other person—

that other person alone must be taken to have published it.

48 Screening of advertisements with feature films A person must not screen in a public place an advertisement for a film or for a computer game during a program for the exhibition of another film (the feature film) unless the feature film has a classification specified in column 1 of an item in the Table to this section and the advertised film or computer game—

(a) has a classification specified opposite it in column 2 or 3 of that item; or

S. 47(1)(b) amendedby No. 6/2005 s. 7(a).

S. 47(1)(e) repealed by No. 33/2009 s. 6(2).

S. 48 amendedby No. 6/2005 s. 7(b)(i)(ii), substituted by No. 33/2009 s. 7.

s. 48

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(b) if unclassified, has been assessed as being likely to be classified at a classification specified opposite it in column 2 or 3 of that item.

TABLE

Item Column 1 Feature film

Column 2 Advertised film

Column 3 Advertised computer game

1 G G G

2 PG PG or G PG or G

3 M M, PG or G M, PG or G

4 MA 15+ MA 15+, M, PG or G

MA 15+, M, PG or G

5 R 18+ R 18+, MA 15+, M, PG or G

R 18+, MA 15+, M, PG or G

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

49 Liability for certain advertisements (1) A person must not screen in a public place, or so

that it can be seen from a public place, an advertisement for—

(a) a film classified RC, X 18+, R 18+ or MA 15+; or

(b) a computer game classified RC, R 18+ or MA 15+; or

S. 48 (Table) amendedby No. 72/2012 s. 11.

S. 49 amendedby No. 6/2005 s. 7(c)(i)–(iii), substituted by No. 33/2009 s. 8.

s. 49

S. 49(1)(b) amendedby No. 72/2012 s. 12(1).

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(d) an unclassified computer game that has been assessed as being likely to be classified RC, R 18+ or MA 15+.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(2) Subsection (1) is not contravened by reason only of—

(a) the screening of an advertisement for a film or computer game that is classified, or has been assessed as being likely to be classified, MA 15+ during a program for the exhibition of a film classified R 18+ or MA 15+; or

(b) the screening of an advertisement for a film or computer game that is classified, or has been assessed as being likely to be classified, R 18+ during a program for the exhibition of a film classified R 18+; or

(i) a film that is classified, or has been assessed as being likely to be classified, R 18+ or MA 15+; or

(ii) a computer game that is classified, or has been assessed as being likely to be classified, R 18+ or MA 15+.

50 Sale of feature films with advertisements A person must not sell a film (the feature film) that is accompanied by an advertisement for another film or for a computer game unless the feature film has a classification specified in column 1 of an item in the Table to this section and the advertised film or computer game—

S. 49(1)(d) amendedby No. 72/2012 s. 12(1).

S. 49(2)(b) amendedby No. 72/2012 s. 12(2)(a).

S. 49(2)(c)(ii) amendedby No. 72/2012 s. 12(2)(b).

S. 50 amendedby No. 6/2005 s. 7(d)(i)(ii), substituted by No. 33/2009 s. 9.

s. 50

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(a) has a classification specified opposite it in column 2 or 3 of that item; or

(b) if unclassified, has been assessed as being likely to be classified at a classification specified opposite it in column 2 or 3 of that item.

TABLE

Item Column 1 Feature film

Column 2 Advertised film

Column 3 Advertised computer game

1 G G G

2 PG PG or G PG or G

3 M M, PG or G M, PG or G

4 MA 15+ MA 15+, M, PG or G

MA 15+, M, PG or G

5 R 18+ R 18+, MA 15+, M, PG or G

R 18+, MA 15+, M, PG or G

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

51 Advertisements with computer games A person must not sell a computer game (the main game) that is accompanied by an advertisement for another computer game or for a film unless the main game has a classification specified in column 1 of an item in the Table to this section and the advertised computer game or film—

(a) has a classification specified opposite it in column 2 or 3 of that item; or

S. 50 (Table) amendedby No. 72/2012 s. 13.

S. 51 amendedby No. 6/2005 s. 7(e)(i)–(iii), substituted by No. 33/2009 s. 10.

s. 51

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(b) if unclassified, has been assessed as being likely to be classified at a classification specified opposite it in column 2 or 3 of that item.

TABLE

Item Column 1 Main game

Column 2 Advertised computer game

Column 3 Advertised film

1 G G G

2 PG PG or G PG or G

3 M M, PG or G M, PG or G

4 MA 15+ MA 15+, M, PG or G

MA 15+, M, PG or G

5 R 18+ R 18+, MA 15+, M, PG or G

R 18+, MA 15+, M, PG or G

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

52 Advertisement to contain determined markings and consumer advice (1) A person must not publish an advertisement for a

classified film or a classified publication or a classified computer game unless—

(a) the advertisement contains the determined markings relevant to the classification of the film, publication or computer game and relevant consumer advice, if any; and

(b) the determined markings and consumer advice are displayed—

(i) in the manner determined under section 8 of the Commonwealth Act; and

S. 51 (Table) amendedby No. 72/2012 s. 14.

s. 52

S. 52(1)(b)(i) amendedby No. 5/2008 s. 8.

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(ii) so as to be clearly visible, having regard to the size and nature of the advertisement.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(2) If—

(a) a film, publication or computer game is reclassified under section 39 or 97A of the Commonwealth Act; or

(b) the Board revokes a classification or consumer advice for a film, publication or computer game under section 22B(3) of that Act—

display of the determined markings and consumer advice applicable to the film, publication or computer game before that reclassification or revocation is sufficient compliance with subsection (1) for a period of 14 days after the decision to reclassify or revoke takes effect.

53 Misleading or deceptive advertisements (1) A person must not publish an advertisement for an

unclassified film or an unclassified publication or an unclassified computer game with a marking that indicates or suggests that the film or publication or computer game is classified.

Penalty:

(a) if the film, publication or computer game is subsequently classified RC—240 penalty units or imprisonment for 2 years;

(b) in the case of a film subsequently classified X 18+—60 penalty units or imprisonment for 6 months;

S. 52(2) substituted by No. 69/2001 s. 12(2).

s. 53

S. 53(1)(b) amendedby No. 6/2005 s. 7(f).

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in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(2) A person must not publish an advertisement for a classified film or a classified publication or a classified computer game with a marking that indicates or suggests that the film or publication or computer game is unclassified or has a different classification.

Penalty:

(a) if the film, publication or computer game is classified RC—240 penalty units or imprisonment for 2 years;

(b) in the case of a film classified X 18+— 60 penalty units or imprisonment for 6 months;

in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

(3) If—

(a) a film, publication or computer game is reclassified under section 39 or 97A of the Commonwealth Act; or

(b) the Board revokes a classification for a film, publication or computer game under section 22B(3) of that Act—

publication of the determined markings applicable to the film, publication or computer game before that reclassification or revocation is sufficient

s. 53

S. 53(2)(b) amendedby No. 6/2005 s. 7(f).

S. 53(3) substituted by No. 69/2001 s. 12(3).

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compliance with subsection (2) for a period of 14 days after the decision to reclassify or revoke takes effect.

54 Advertisements for Category 2 restricted publications (1) A person must not publish an advertisement for a

publication classified Category 2 restricted.

Penalty: 60 penalty units or imprisonment for 6 months.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the advertisement was published—

(a) in a publication classified Category 2 restricted; or

(b) in a restricted publications area.

(3) If an advertisement for a publication classified Category 2 restricted is published in a place other than a restricted publications area, the occupier of the place is guilty of an offence punishable on conviction by a fine not exceeding 60 penalty units or imprisonment not exceeding 6 months.

55 Classification symbols etc. to be published with advertisements

A person must not publish a publication containing an advertisement for—

(a) a classified film; or

(b) a publication classified Category 1 restricted or Category 2 restricted; or

s. 54

S. 55(a) substituted by No. 33/2009 s. 11(1).

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unless the publication also contains a list of the classification symbols and determined markings for films or publications or computer games respectively.

Penalty: in the case of a natural person, 20 penalty units;

in the case of a body corporate, 50 penalty units.

_______________

S. 55(c) substituted by No. 33/2009 s. 11(2).

s. 55

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No. 90 of 1995

PART 6—ON-LINE INFORMATION SERVICES

56 Definitions In this Part—

law enforcement agency means— (a) the police of Victoria or of any other

State or of the Northern Territory of Australia; or

(b) the Australian Federal Police; or

(d) any other authority or person responsible for the enforcement of the laws of—

(i) Victoria or any other State; or

(ii) the Commonwealth; or

(iii) the Northern Territory of Australia;

material unsuitable for minors of any age means—

(a) objectionable material; or

(b) a film that is classified R 18+ or would, if classified, be classified R 18+; or

(ba) a computer game that is classified R 18+ or would, if classified, be classified R 18+; or

(c) a publication that is classified Category 1 restricted or Category 2 restricted, or would, if classified, be classified Category 1 restricted or Category 2 restricted;

s. 56

S. 56 def. of law enforcement agency inserted by No. 72/2012 s. 17.

S. 56 def. of material unsuitable for minors of any age amendedby Nos 6/2005 s. 7(g)(i), 72/2012 s. 15(a).

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No. 90 of 1995

material unsuitable for minors under 15 means—

(a) a film that is classified MA 15+ or would, if classified, be classified MA 15+; or

(b) a computer game that is classified MA 15+ or would, if classified, be classified MA 15+;

objectionable material means— (a) an objectionable publication; or

(b) an objectionable film; or

(i) depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it should not be classified; or

* * * * *

(iii) promotes, incites or instructs in matters of crime or violence; or

* * * * *

(v) is classified RC or would, if classified, be classified RC;

S. 56 def. of material unsuitable for minors under 15 amendedby No. 6/2005 s. 7(g)(ii)(iii).

S. 56 def. of objectionable material amendedby Nos 6/2005 s. 10(2), 72/2012 s. 15(b).

s. 56

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No. 90 of 1995

on-line information service means a service which permits, through a communication system, on-line computer access to or transmission of data or computer programs.

57 Publication or transmission of objectionable material (1) A person must not use an on-line information

service to publish or transmit, or make available for transmission, objectionable material.

Penalty: 240 penalty units or imprisonment for 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused believed on reasonable grounds that the material was not objectionable material.

(3) Subsection (1) does not apply to a person who provides an on-line information service or a telecommunication service unless the person creates or knowingly downloads or copies objectionable material.

(4) Nothing in subsection (1) makes it an offence for—

(a) any member or officer of a law enforcement agency; or

(b) a person authorised in writing by the Chief Commissioner of Police who is assisting a member or officer; or

(c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police who is assisting a member or officer—

to do anything referred to in subsection (1) in the exercise or performance of a power, function or duty conferred or imposed on the member or

s. 57

S. 57(2) amendedby No. 68/2009 s. 97(Sch. item 20.17).

S. 57(4) inserted by No. 72/2012 s. 18.

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officer by or under this or any other Act or at common law.

57A Publication or transmission of child pornography (1) A person who knowingly uses an on-line

information service to publish or transmit, or make available for transmission, objectionable material that describes or depicts a person who is, or looks like, a minor engaging in sexual activity or depicted in an indecent sexual manner or context is guilty of an indictable offence and liable to a term of imprisonment not exceeding 10 years.

(2) Nothing in subsection (1) makes it an offence for—

(a) any member or officer of a law enforcement agency; or

(b) a person authorised in writing by the Chief Commissioner of Police who is assisting a member or officer; or

(c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police who is assisting a member or officer—

to do anything referred to in subsection (1) in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law.

S. 57A inserted by No. 69/2001 s. 16, amendedby Nos 6/2005 s. 10(3), 72/2012 s. 19 (ILAs. 39B(1)).

s. 57A

S. 57A(2) inserted by No. 72/2012 s. 19.

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No. 90 of 1995

58 Publication or transmission of certain material to minors (1) A person must not use an on-line information

service to publish or transmit, or make available for transmission, to a minor material unsuitable for minors of any age.

Penalty:

(a) if the material is objectionable material— 240 penalty units or imprisonment for 2 years;

(b) in any other case—60 penalty units or imprisonment for 6 months.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that—

(a) the accused—

(i) did not know and could not reasonably have known that the person to whom the material was published or transmitted or made available for transmission was a minor; and

(ii) had taken reasonable steps to avoid publishing or transmitting, or making available for transmission, the material to a minor; or

(b) the accused believed on reasonable grounds that the material was not material unsuitable for minors of any age.

(3) Subsection (1) does not apply to a person who provides an on-line information service or a telecommunication service unless the person knowingly publishes, transmits or makes available for transmission to a minor material unsuitable for minors of any age.

s. 58

S. 58(2)(a) amendedby No. 68/2009 s. 97(Sch. item 20.18).

S. 58(2)(b) amendedby No. 68/2009 s. 97(Sch. item 20.18).

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No. 90 of 1995

(4) A person must not use an on-line information service to publish or transmit, or make available for transmission, material to a minor under 15 knowing it to be material unsuitable for minors under 15.

Penalty: 30 penalty units.

(5) It is a defence to a prosecution for an offence against subsection (4) to prove that—

(a) the accused believed on reasonable grounds that the parent or guardian of the minor had consented to the material being published or transmitted, or made available for transmission, to the minor; or

(b) the accused—

(i) did not know and could not reasonably have known that the person to whom the material was published or transmitted, or made available for transmission, was a minor under 15; and

(ii) had taken reasonable steps to prevent publishing or transmitting, or making available for transmission, the material to a minor under 15.

(6) Subsection (4) does not apply to a person who provides an on-line information service or a telecommunication service unless the person knowingly publishes, transmits or makes available for transmission to a minor under 15 material unsuitable for minors under 15.

s. 58

S. 58(5)(a) amendedby No. 68/2009 s. 97(Sch. item 20.18).

S. 58(5)(b) amendedby No. 68/2009 s. 97(Sch. item 20.18).

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No. 90 of 1995

59 Advertising of objectionable material etc. (1) A person must not—

(a) publish an advertisement or notice; or

(b) transmit, or make available for transmission, on an on-line information service an advertisement or notice; or

(c) knowingly allow an on-line information service to be used for publishing or transmitting, or making available for transmission, an advertisement or notice—

that objectionable material is available for on-line computer access.

Penalty: 240 penalty units or imprisonment for 2 years.

(2) Nothing in subsection (1) makes it an offence for—

(a) any member or officer of a law enforcement agency; or

(b) a person authorised in writing by the Chief Commissioner of Police who is assisting a member or officer; or

(c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police who is assisting a member or officer—

_______________

S. 59 amendedby No. 72/2012 s. 20 (ILA s. 39B(1)).

s. 59

S. 59(2) inserted by No. 72/2012 s. 20.

Part 7—Call–in Provisions

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No. 90 of 1995

PART 7—CALL–IN PROVISIONS

60 Calling in submittable publications for classification (1) If—

(a) the Director has reasonable grounds to believe that a publication is a submittable publication; and

(b) the publication is being published in Victoria, or the Director has reasonable grounds to believe that it will be published in Victoria—

the Director may, by notice in writing given to the publisher of the publication, require the publisher to submit an application for classification of the publication, or of subsequent issues of the publication, by the Board.

(2) The Director must cause notice of a decision under subsection (1) to be published in the Commonwealth Gazette.

(3) A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty: 100 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (3) to prove that the accused did not intend—

(a) to publish the publication in Victoria; or

(b) to cause, authorise, permit or license the publication to be published in Victoria.

s. 60

S. 60(4) amendedby No. 68/2009 s. 97(Sch. item 20.19).

Part 7—Call–in Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

60A Calling in films for classification (1) If—

(a) the Director has reasonable grounds to believe that an unclassified film is not an exempt film; and

(b) the film is being published in Victoria, or the Director has reasonable grounds to believe that it will be published in Victoria—

the Director may, by notice in writing given to the publisher of the film, require the publisher to submit an application for classification of the film.

(2) The Director must cause notice of a decision under subsection (1) to be published in the Commonwealth Gazette.

(3) A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty: 100 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (3) to prove that the accused did not intend—

(a) to publish the film in Victoria; or

(b) to cause, authorise, permit or license the film to be published in Victoria.

61 Calling in computer games for classification (1) If—

(a) the Director has reasonable grounds to believe that a computer game is likely to contain contentious material; and

S. 60A inserted by No. 69/2001 s. 13.

s. 60A

S. 60A(4) amendedby No. 68/2009 s. 97(Sch. item 20.20).

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(b) the computer game is being published in Victoria, or the Director has reasonable grounds to believe that it will be published in Victoria—

the Director may, by notice in writing given to the publisher of the game, require the publisher to submit an application for classification of the game.

(1A) If—

(a) the Director has reasonable grounds to believe that an unclassified computer game is not an exempt computer game; and

(b) the computer game is being published in Victoria, or the Director has reasonable grounds to believe that it will be published in Victoria—

the Director may, by notice in writing given to the publisher of the computer game, require the publisher to submit an application for classification of the computer game.

(2) The Director must cause notice of a decision under subsection (1) or (1A) to be published in the Commonwealth Gazette.

(3) A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty: 100 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (3) to prove that the accused did not intend—

(a) to publish the computer game in Victoria; or

(b) to cause, authorise, permit or license the computer game to be published in Victoria.

S. 61(1A) inserted by No. 69/2001 s. 14(1).

s. 61

S. 61(2) amendedby No. 69/2001 s. 14(2).

S. 61(4) amendedby No. 68/2009 s. 97(Sch. item 20.21).

Part 7—Call–in Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

62 Calling in advertisements (1) The Director may, by notice in writing given to—

(a) the publisher of a publication that—

(i) the Director has reasonable grounds to believe is a submittable publication; and

(ii) is being published in Victoria, or the Director has reasonable grounds to believe will be published in Victoria; or

(b) the publisher of a film that is being published in Victoria, or that the Director has reasonable grounds to believe will be published in Victoria; or

(c) the publisher of a computer game that is being published in Victoria, or that the Director has reasonable grounds to believe will be published in Victoria—

require the publisher to submit to the Board for approval a copy of every advertisement used or intended to be used in connection with the publishing.

(2) A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty: 100 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (2) to prove that the accused did not intend—

(a) to publish the publication, film or computer game in Victoria; or

(b) to cause, authorise, permit or license the publication, film or computer game to be published in Victoria.

s. 62

S. 62(1)(b) amendedby No. 33/2009 s. 12.

S. 62(3) amendedby No. 68/2009 s. 97(Sch. item 20.22).

Part 7—Call–in Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

62A Calling in a publication, film or computer game for reclassification (1) If—

(a) the Board proposes to reclassify a publication, film or computer game under section 39 of the Commonwealth Act; and

(b) the publisher of the publication, film or computer game resides in Victoria or has an office in Victoria—

the Director may, by notice in writing given to the publisher, require the publisher to submit a copy of the publication, film or computer game for the purpose of reclassifying it.

(2) A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty: 100 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (2) to prove that the accused did not have a copy of the publication, film or computer game.

62B Obtaining copies for review

(1) If—

(a) an application is made for a review of a classification decision under the Commonwealth Act by a person who is not the original applicant for classification of the publication, film or computer game concerned; and

S. 62A inserted by No. 69/2001 s. 15.

s. 62A

S. 62A(3) amendedby No. 68/2009 s. 97(Sch. item 20.23).

S. 62B inserted by No. 69/2001 s. 15.

S. 62B(1) amendedby No. 5/2008 s. 9.

Part 7—Call–in Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(b) the Board or the Review Board does not have a copy of the publication, film or computer game and a copy is not available to it; and

(c) the original applicant or the publisher of the publication, film or computer game resides in Victoria or has an office in Victoria—

the Convenor may, by notice in writing given to the original applicant or publisher, require the original applicant or publisher to make a copy of the publication, film or computer game available for the purpose of the review.

(2) A person to whom a notice under this section is given must, within 3 business days after receiving the notice, comply with the notice.

Penalty: 100 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (2) to prove that the accused did not have a copy of the publication, film or computer game.

_______________

S. 62B(3) amendedby No. 68/2009 s. 97(Sch. item 20.24).

s. 62B

Part 8—Exemptions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

PART 8—EXEMPTIONS

63 Exemption of film, publication, computer game or advertisement

The Director may, on application, direct in writing that this Act does not apply, to the extent and subject to any condition specified in the direction, to or in relation to any film, publication, computer game or advertisement.

64 Exemption of approved organisation (1) The Director may, on application under

section 67, direct in writing that this Act does not apply, or any of the provisions of this Act do not apply, to an organisation approved under section 66 in relation to the exhibition of a film at an event, where the film and the event are specified in the direction.

(2) The Director may, on application under section 67, direct in writing that this Act does not apply, to the extent and subject to any condition specified in the direction, to an organisation approved under section 66A in respect of all or any of its activities or functions that relate to films or computer games.

65 Ministerial directions or guidelines In considering whether to make a direction under section 63 or 64, the Director must give effect to any directions or guidelines issued by the Minister in relation to the application of this Act.

s. 63

S. 64 amendedby No. 79/2006 s. 6 (ILA s. 39B(1)).

S. 64(2) inserted by No. 79/2006 s. 6.

Part 8—Exemptions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

66 Approval of organisation in relation to event

(1) The Director, by notice published in the Commonwealth Gazette, may, on application, approve an organisation for the purposes of section 64(1).

(2) In considering whether to approve an organisation under this section, the Director must have regard to—

(a) the purpose for which the organisation was formed; and

(b) the extent to which the organisation carries on activities of a medical, scientific, educational, cultural or artistic nature; and

(d) the conditions as to admission of persons to the screening of films by the organisation.

(3) An approval takes effect on the date of publication of the notice referred to in subsection (1).

(4) The Director may revoke an approval if, because of a change in any matter referred to in subsection (2), he or she considers that it is no longer appropriate that the organisation be approved.

(5) The Director must notify an organisation in writing of a decision—

(a) to refuse an application for approval; or

(b) to revoke an approval—

within 30 days after the date of the decision and must give reasons for the decision.

S.66(Heading) inserted by No. 79/2006 s. 7(1).

s. 66

S. 66(1) amendedby No. 79/2006 s. 7(2)(a).

S. 66(2) amendedby No. 79/2006 s. 7(2)(b).

Part 8—Exemptions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(6) Revocation of an approval takes effect on the date of the decision to revoke or on a later date specified in the notice.

66A Approval of organisation in relation to activities or functions (1) The Director, by notice published in the

Commonwealth Gazette, may, on application, approve an organisation for the purposes of section 64(2) if the organisation—

(a) is established by or under an Act; and

(b) carries on activities of an educational, cultural or artistic nature.

(2) In considering whether to approve an organisation under this section, the Director must have regard to—

(a) the purpose for which the organisation was established; and

(b) the extent to which the organisation carries on activities of an educational, cultural or artistic nature; and

(i) the screening of films; or

(ii) the possession or demonstration of computer games—

as the case may be; and

(d) the conditions as to admission of persons to—

(i) the screening of films by the organisation; or

S. 66A inserted by No. 79/2006 s. 8.

s. 66A

Part 8—Exemptions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(ii) the demonstration of computer games by the organisation—

as the case may be. Note

Section 3 contains a definition of demonstrate.

(3) An approval takes effect on the date of publication of the notice referred to in subsection (1).

(4) The Director—

(a) must revoke an approval if the organisation no longer satisfies the requirements of subsections (1)(a) and (1)(b); and

(b) may revoke an approval if, because of a change in any matter referred to in subsection (2), the Director considers that it is no longer appropriate that the organisation be approved.

(5) The Director must notify an organisation in writing of a decision—

(a) to refuse an application for approval; or

(b) to revoke an approval—

within 30 days after the date of the decision and must give reasons for the decision.

(6) Revocation of an approval takes effect on the date of the decision to revoke or on a later date specified in the notice.

67 Application by approved organisation for exemption (1) An approved organisation may apply to the

Director for an exemption under section 64.

s. 67

Part 8—Exemptions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(2) An application for an exemption under section 64(1) must—

(a) be in writing; and

(b) specify the film which the organisation intends to exhibit and the event at which the film is to be exhibited; and

(i) a synopsis of the story or events depicted in the film; and

(ii) the prescribed fee, if any.

(2A) An application for an exemption under section 64(2) must—

(a) be in the form approved by the Director for the purposes of this subsection and published in the Commonwealth Gazette; and

(b) specify the extent of the exemption sought; and

(3) The Director must notify an organisation in writing of a decision to refuse an application for an exemption within 30 days after the date of the decision and must give reasons for the decision.

_______________

S. 67(2) amendedby No. 79/2006 s. 9(1)(a).

S. 67(2)(c)(ii) amendedby No. 79/2006 s. 9(1)(b).

S. 67(2A) inserted by No. 79/2006 s. 9(2).

S. 67(2A)(a) amendedby No. 5/2008 s. 10.

s. 67

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

PART 9—ENFORCEMENT

68 Interpretation (1) For the purposes of this Part, a thing is connected

with a particular offence if—

(a) the offence has been committed with respect to it; or

(b) it will afford evidence of the commission of the offence; or

(2) In this Part, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing will be committed.

(3) Where a member of the police force is authorised under this Part to enter a place, and enters that place, a reference in this Part to the occupier of the place includes a reference to a person whom the member believes on reasonable grounds to be the occupier, or to be in charge, of that place.

69 Entry, search and seizure A member of the police force may enter any place, and may search for and seize anything that the member believes on reasonable grounds to be connected with an offence against this Act that is found on or in the place if the entry, search and seizure are made—

(a) with the informed consent of the occupier of the place; or

(b) in accordance with a warrant issued under section 71.

s. 68

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

70 Informed consent (1) An occupier of any place gives informed consent

to a request to enter and search the place if he or she consents to the request after a member of the police force informs the occupier—

(a) of the purpose of the search; and

(b) that anything seized during the search may be used in evidence in court; and

(2) If an occupier consents to an entry and search, the member of the police force who requested consent must ask the occupier to sign an acknowledgment in the prescribed form stating—

(a) that the occupier has been informed of the purpose of the search and that anything seized during the search may be used in evidence in court; and

(b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and

(d) the date and time of the giving of such consent.

(3) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment immediately.

(4) If, in any proceeding, an acknowledgment is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to an entry and search.

s. 70

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

71 Search warrant (1) A member of the police force may apply to a

magistrate for the issue of a search warrant in relation to a particular place if the member believes on reasonable grounds that there is or has been or will be a contravention of this Act on or in the place.

(2) If a magistrate is satisfied by the evidence, on oath or by affidavit, of a member of the police force that there are reasonable grounds for suspecting that there is, or may be within the next 28 days, a thing or things of a particular kind connected with an offence against this Act on or in a place, the magistrate may issue in accordance with the Magistrates' Court Act 1989 a search warrant authorising a member named in the warrant—

(a) to enter the place specified in the warrant, if necessary by force; and

(b) to search for and seize a thing named or described in the warrant and which the member believes on reasonable grounds to be connected with the offence.

(3) A search warrant issued under this section must state—

(a) the purpose for which the search is required and the nature of the offence suspected; and

(b) any conditions to which the warrant is subject; and

(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

s. 71

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(4) Except as provided by this Act, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

72 Announcement before entry (1) On executing a search warrant, the member

executing the warrant must announce that he or she is authorised by the warrant to enter the place and, if the member has been unable to obtain unforced entry, must give any person at the place an opportunity to allow entry to the place.

(2) A member need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure the safety of any person or that the effective execution of the search warrant is not frustrated.

73 Details of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the member of the police force must—

(a) identify himself or herself to that person; and

(b) give to the person a copy of the warrant.

74 Seizure of things not mentioned in warrant If, in the course of executing a search warrant, a member of the police force finds a thing that he or she believes on reasonable grounds to be—

(a) connected with the offence although not the thing, or kind of thing, named or described in the warrant; or

s. 72

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(b) connected with another offence against this Act—

and the member believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is deemed to authorise the member to seize the thing.

75 Forfeiture (1) If a person is charged with an offence in relation

to—

(a) a film classified RC or X 18+; or

(b) a publication or computer game classified RC; or

and the court is satisfied that the person committed the offence, the court may order that the film, publication or computer game is forfeited to the Crown.

(2) If, despite the acquittal of a person charged with an offence referred to in subsection (1), the court is satisfied that an offence has been committed in relation to the film, publication or computer game, the court may order that the film, publication or computer game is forfeited to the Crown.

s. 75

S. 75(1)(a) amendedby No. 6/2005 s. 7(h).

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(3) If—

(a) a film classified RC or X 18+; or

(b) a publication or computer game classified RC; or

has been lawfully seized by a member of the police force but at the expiration of 12 months after the seizure no person has been charged with an offence in relation to the seized item, the film, publication or computer game is forfeited to the Crown.

(3A) If a film, publication or computer game, other than one referred to in subsection (3)(a), (b) or (c), has been lawfully seized by a member of the police force and the member believes on reasonable grounds that a person, other than a person charged with an offence in relation to the seized item, is the owner of the seized item, the member must give notice in writing to the person of—

(a) the date and place of seizure; and

(b) the nature of the seized item.

(3B) A person to whom notice is given under subsection (3A) may apply within 60 days after the notice to the Magistrates' Court for the return of the film, publication or computer game.

S. 75(3) amendedby No. 60/1998 s. 12(1)(a).

S. 75(3)(a) amendedby No. 6/2005 s. 7(h).

s. 75

S. 75(3A) inserted by No. 60/1998 s. 12(2).

S. 75(3B) inserted by No. 60/1998 s. 12(2).

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(4) The owner of a film, publication or computer game that has been lawfully seized by a member of the police force may apply within 60 days of the seizure to the Magistrates' Court for the return of the film, publication or computer game.

(4A) An applicant under subsection (4) must give notice in writing of the application to the Chief Commissioner of Police containing—

(a) the name and address of the applicant; and

(b) the address of the premises from which the film, publication or computer game was seized; and

(d) the nature of the seized item the return of which is sought.

(5) On an application under subsection (3B) or (4), if the Magistrates' Court is satisfied that the applicant is the owner of the film, publication or computer game, the Court must order that, at the expiration of 12 months after the seizure, the film, publication or computer game be returned to the applicant unless the applicant has been charged with an offence in relation to the film, publication or computer game.

(6) Subject to subsection (7), a film, publication or computer game which is forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister or, if a court orders the forfeiture, as directed by the court.

(7) The Minister or court must not direct the destruction of a film, publication or computer game before the expiration of the time allowed for instituting an appeal against the order or, if an appeal is lodged within that time, before the determination of the appeal.

S. 75(4) amendedby No. 60/1998 s. 12(1)(b).

s. 75

S. 75(4A) inserted by No. 60/1998 s. 12(3).

S. 75(5) amendedby No. 60/1998 s. 12(1)(c)(i)(ii).

S. 75(6) amendedby No. 60/1998 s. 12(4).

S. 75(7) inserted by No. 60/1998 s. 12(5).

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

75A Forfeiture—commercial quantity etc. (1) If a person is found guilty of an offence in relation

to a commercial quantity of films, publications or computer games, any other film, publication or computer game that was seized at the same time from the same premises as the commercial quantity is forfeited to the Crown at the expiry of 30 days after the finding of guilt unless the Magistrates' Court makes an order under subsection (4).

(1A) If a person is found guilty of one or more offences against this Act, regardless of the number of charges filed, in relation to 10 or more—

(a) films classified RC or X or X 18+; or

(b) publications or computer games classified RC; or

any other film, publication or computer game that was seized at the same time from the same premises as the items referred to in paragraph (a), (b) or (c) is forfeited to the Crown at the expiry of 30 days after the finding of guilt unless the Magistrates' Court makes an order under subsection (4).

(2) If an application for an order under subsection (4) is made within the period of 30 days referred to in subsection (1) or (1A), the operation of subsection (1) or (1A) is suspended until the application is determined.

(3) An applicant for an order under subsection (4) must give notice of the application to the Chief Commissioner of Police.

S. 75A (Heading) inserted by No. 6/2005 s. 8(1). S. 75A inserted by No. 60/1998 s. 13.

s. 75A

S. 75A(1A) inserted by No. 6/2005 s. 8(2).

S. 75A(2) amendedby No. 6/2005 s. 8(3).

Part 9—Enforcement

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(4) If the Magistrates' Court is satisfied that—

(a) the applicant is the owner of a film, publication or computer game seized at the same time from the same premises as a commercial quantity or the items referred to in paragraph (a), (b) or (c) of subsection (1A), as the case may be; and

(b) the seized item is classified with a classification other than RC or, in the case of a film, RC or X 18+—

the Magistrates' Court may make an order that the item be returned to the applicant and that the applicant's costs (including costs of classification) be paid by the Chief Commissioner.

(5) Subject to subsection (6), a film, publication or computer game which is forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister or the Magistrates' Court.

(6) The Minister or court must not direct the destruction of a film, publication or computer game before the expiry of the time allowed for instituting an appeal against a refusal to make an order under subsection (4) or, if an appeal is lodged within that time, before the determination of the appeal.

_______________

S. 75A(4)(a) amendedby No. 6/2005 s. 8(4).

S. 75A(4)(b) amendedby No. 6/2005 s. 7(i).

s. 75A

Part 10—General

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

PART 10—GENERAL

76 Restricted publications area—construction and management (1) A restricted publications area must be so

constructed that no part of the interior of the area is visible to any person outside the area.

(2) Each entrance to a restricted publications area—

(a) must be fitted with a gate or door capable of excluding persons from the area; and

(b) must be closed by means of that gate or door when the area is not open to the public.

(3) A restricted publications area must be managed by an adult who must be in attendance in or near the area at all times when the area is open to the public.

(4) The manager of a restricted publications area must cause a notice in the form in the Schedule, in legible letters not less than 15 millimetres in height and of a colour that contrasts with the background colour of the notice, to be displayed in a prominent place on or near each entrance to the area, so that it is clearly visible from outside the area.

(5) If any of the requirements of this section are contravened, the owner of the business which occupies the restricted publications area is guilty of an offence punishable on conviction by a fine not exceeding 40 penalty units.

s. 76

Part 10—General

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

77 Restricted publications area—offences (1) The manager of a restricted publications area must

not permit a minor to enter that area.

Penalty: 10 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) to prove that the accused believed on reasonable grounds that the minor was an adult.

78 Evidence

(1) In any proceeding for an offence against this Act, a certificate, or a copy of a certificate, signed or purporting to be signed by the Director, Deputy Director or Convenor and stating that—

(a) a film or publication or computer game is classified as specified in the certificate and, if the case requires, the determined markings for that type of classification are as specified in the certificate; or

(ab) a film or publication or computer game was, on a date specified in the certificate, classified as specified in the certificate and, if the case requires, the determined markings for that type of classification were as specified in the certificate; or

(b) a classified film or a classified computer game specified in the certificate is modified in a manner specified in the certificate; or

(c) a film or publication or computer game is not classified, or is not classified at a classification specified in the certificate; or

S. 77(2) amendedby No. 68/2009 s. 97(Sch. item 20.25).

S. 78 amendedby No. 6/2005 s. 9(1)(4)(5) (ILAs. 39B(1)).

s. 77

S. 78(1) amendedby No. 5/2008 s. 11.

S. 78(ab) inserted by No. 6/2005 s. 9(2).

Part 10—General

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(ca) a film or publication or computer game, on a date specified in the certificate, was not classified or was not classified at a classification specified in the certificate; or

(d) an advertisement described in the certificate is approved or has been refused approval or has not been approved—

is evidence of, and in the absence of evidence to the contrary is proof of, the matters stated in it.

(2) A certificate referred to in subsection (1) in respect of a film, publication, computer game or advertisement applies to each copy of the film, publication, computer game or advertisement the particulars of which correlate with the particulars in the certificate.

79 Commencement of prosecution for an offence (1) A prosecution for an offence against this Act in

relation to a film, publication or computer game that is unclassified at the time of the alleged offence—

(a) must not be commenced until the film, publication or computer game has been classified; and

(b) unless the contrary intention appears, may be commenced not later than 12 months after the date on which the film, publication or computer game was classified.

(2) Subsection (1)(a) does not apply if a person has been apprehended in accordance with section 458 of the Crimes Act 1958.

80 Proceeding against body corporate (1) If, in a proceeding for an offence against this Act,

it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that—

S. 78(ca) inserted by No. 6/2005 s. 9(3).

S. 78(2) inserted by No. 6/2005 s. 9(5).

s. 79

Part 10—General

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(a) the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b) the director, employee or agent had that state of mind.

(2) If a director, employee or agent of a body corporate engages in conduct on behalf of the body corporate within the scope of his or her actual or apparent authority, the body corporate must be taken, for the purposes of a prosecution for an offence against this Act, also to have engaged in the conduct unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

(3) Unless the contrary intention appears, if a body corporate is found guilty of an offence against this Act, the court may impose a fine not exceeding 5 times the maximum amount which the court could otherwise impose in respect of the offence.

81 Employees and agents (1) If, in a proceeding for an offence against this Act,

it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show that—

(a) an employee or agent of the person had that state of mind; and

(b) the employee or agent engaged in the conduct within the scope of his or her actual or apparent authority.

S. 80(3) amendedby No. 60/1998 s. 14(a)(b).

s. 81

Part 10—General

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(2) If an employee or agent of a person other than a body corporate engages in conduct on behalf of the person within the scope of his or her actual or apparent authority, the person must be taken, for the purposes of a prosecution for an offence against this Act, also to have engaged in the conduct unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

82 Costs If a person is charged with an offence against this Act and the court is satisfied that the person committed the offence, the court may order the person to pay by way of costs, in addition to any other costs, the amount of any fee incurred by the prosecution for classification or the provision of any certificate by the Director, Deputy Director or Convenor.

83 Publication to prescribed person or body Despite anything to the contrary in this Act, a person may publish to a prescribed person or a prescribed body, or to a person or body of a prescribed class or description of persons or bodies—

(a) a film classified RC, X 18+, R 18+ or MA 15+; or

(b) a computer game classified RC, R 18+ or MA 15+; or

(d) a submittable publication.

S. 82 amendedby No. 5/2008 s. 12.

s. 82

S. 83(a) amendedby No. 6/2005 s. 7(j)(i)–(iii).

S. 83(b) amendedby Nos. 6/2005 s. 7(j)(iv), 72/2012 s. 16.

Part 10—General

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

84 Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

_______________

s. 84

Part 11—Repeals, Consequential Amendments and Transitional Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

PART 11—REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS

* * * * *

87 Transitional and saving provisions (1) In this section—

former Act means Classification of Films and Publications Act 1990;

Ordinance means Classification of Publications Ordinance 1983 of the Australian Capital Territory.

(2) A film which is classified as a "G", "PG", "M", "MA" or "R" film or has been refused classification under the former Act before the commencement of this section is deemed to have been classified G, PG, M, MA or R or RC respectively under the Commonwealth Act.

(3) A film which is classified as an "X" film under the Ordinance before the commencement of this section is deemed to have been classified X under the Commonwealth Act.

(4) An advertisement relating to a film which has been approved or refused approval under the former Act before the commencement of this section is deemed to have been approved or refused approval, as the case may be, under the Commonwealth Act.

(5) A publication which has been classified as an unrestricted publication or a Category 1 restricted publication or a Category 2 restricted publication or has been refused classification under the Ordinance before the commencement of this section is deemed to have been classified

Ss 85, 86 repealed by No. 29/2011 s. 3(Sch. 1 item 12).

s. 87

Part 11—Repeals, Consequential Amendments and Transitional Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

Unrestricted, Category 1 restricted or Category 2 restricted or RC respectively under the Commonwealth Act.

(6) A computer game which has been classified under the Ordinance with a classification specified in column 1 of an item in the Table before the commencement of this section is deemed to have been classified under the Commonwealth Act with a classification specified opposite it in column 2 of that item.

TABLE

Item Column 1 Ordinance

Column 2 Commonwealth Act

1 "G" G

2 "G (8+)" G (8+)

3 "M (15+)" M (15+)

4 "MA (15+)" MA (15+)

(7) A computer game which has been refused, or is taken to have been refused, classification under the Ordinance before the commencement of this section is deemed to have been classified RC under the Commonwealth Act.

(8) Nothing in this Act (except section 61) applies to or in relation to a computer game published before the date of commencement of this section unless the computer game has been classified or refused classification.

(9) Advertising matter in relation to a computer game which has been approved or refused approval under the Ordinance before the commencement of this section is deemed to have been approved or refused approval under the Commonwealth Act.

s. 87

Part 11—Repeals, Consequential Amendments and Transitional Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(10) If on the commencement of this section an application for classification or approval under the former Act has been made but not determined, the application is deemed to have been made under the Commonwealth Act.

(11) If an application for review under the former Act has been made but not determined, the former Act continues to apply until the determination of the application, including any further review of a previous decision.

(12) If a certificate of exemption in respect of an unclassified film has been granted under section 29A of the former Act and is in force, the certificate is deemed to have been granted under section 33 of the Commonwealth Act.

87A Transitional provisions (1998 amendments) (1) The amendment of section 75 made by a provision

of section 12 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998 applies to a publication, film or computer game seized before or after the commencement of that provision.

(2) An amendment of this Act made by any other provision of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998 applies to a publication, film or computer game seized after the commencement of that provision.

87B Transitional provisions (2001 amendments) (1) Section 57A, as inserted by section 16 of the

Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001, applies only to a use of an on-line information service on or after the commencement of section 16 of that Act.

S. 87A inserted by No. 60/1998 s. 15.

s. 87A

S. 87B inserted by No. 69/2001 s. 17, amendedby No. 69/2001 s. 18 (ILA s. 39B(1)).

Part 11—Repeals, Consequential Amendments and Transitional Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(2) Section 40(3A) and (3B), as inserted by section 11(1) of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001, applies to a computer game whether published before or after the commencement of section 11(1) of that Act.

(3) Sections 62A and 62B, as inserted by section 15 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001, apply to a publication, film or computer game whether published before or after the commencement of section 15 of that Act.

(4) An amendment of this Act made by any other provision of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001 only applies to—

(a) a publication, film or computer game first published on or after the commencement of that provision; or

(b) a publication, film or computer game for which an application for classification is made on or after that commencement.

87C Definition (2005 amendments) In sections 87D and 87E, equivalent former classification in relation to a classification specified in column 1 of the following table—

(a) in the case of a film, means the former classification specified opposite it in column 2 of the table; and

S. 87B(2) inserted by No. 69/2001 s. 18.

S. 87B(3) inserted by No. 69/2001 s. 18.

S. 87B(4) inserted by No. 69/2001 s. 18.

S. 87C inserted by No. 6/2005 s. 11.

s. 87C

Part 11—Repeals, Consequential Amendments and Transitional Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

(b) in the case of a computer game, means the former classification specified opposite it in column 3 of the table.

TABLE

Column 1 Column 2 Column 3

New classification

Former classification for films

Former classification for computer games

PG G (8+)

M M (15+)

MA 15+ MA MA (15+)

R 18+ R

X 18+ X

87D Films and computer games classified before 2005 amendments (1) An amendment of this Act made by sections 4, 5,

6, 7 and 13 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005 extends to a film or computer game classified before the commencement of the amendment.

(2) For that purpose, a reference in this Act to a classification of a film or computer game, in relation to an offence against this Act that is alleged to have been committed on or after the commencement of sections 4, 5, 6, 7 and 13 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005, is a reference to the classification that the film or computer game has or is taken to have under the Commonwealth Act on or after the commencement of Schedule 1 to the Classification (Publications, Films and

S. 87D inserted by No. 6/2005 s. 11.

s. 87D

Part 11—Repeals, Consequential Amendments and Transitional Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

Computer Games) Amendment Act 2004 of the Commonwealth.

(3) If a film or computer game was classified before the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth—

(a) a person does not commit an offence against section 18(3) or 40(3) of this Act by selling the film or computer game in a container, wrapping or casing that displays a marking indicating the equivalent former classification of the film or computer game; and

(b) a person does not commit an offence against section 53(2) of this Act by publishing an advertisement for the film or computer game that indicates the equivalent former classification of the film or computer game.

87E Offences committed before 2005 amendments (1) This section applies to offences against this Act

alleged to have been committed before the commencement of sections 4, 5, 6, 7 and 13 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005.

(2) Any proceeding for an offence referred to in subsection (1) is to be dealt with as if sections 4, 5, 6, 7 and 13 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005 had not been enacted, except as otherwise provided by this section.

(3) For the purposes of any proceeding for an offence referred to in subsection (1), a reference in this Act to a classification of a film or computer game is a reference to the classification that had effect

S. 87E inserted by No. 6/2005 s. 11.

s. 87E

Part 11—Repeals, Consequential Amendments and Transitional Provisions

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

under the Commonwealth Act before the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth.

(4) If an offence referred to in subsection (1) is alleged to have been committed in relation to an unclassified film or unclassified computer game that is subsequently classified on or after the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth, in any proceeding for the offence—

(a) the film or computer game is taken to have been classified with the equivalent former classification; and

(b) evidence or proof that the film or computer game is classified at a specified classification is taken to be evidence or proof of the equivalent former classification.

87F Other transitional provisions (2005 amendments) (1) Section 75A as amended by section 8 of the

Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005 applies to films, publications and computer games seized on or after the commencement of section 8 of that Act.

(2) Section 78 as amended by section 9 of the Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005 applies to any certificate issued on or after the commencement of section 9 of that Act.

s. 87E

S. 87F inserted by No. 6/2005 s. 11.

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

87G Transitional provisions (2009 amendments) (1) An amendment of this Act made by Part 2 of the

Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009 applies to—

(a) an advertisement published or screened; or

(b) an advertisement that accompanies a film or computer game sold—

on or after the commencement of Part 2 of that Act.

(2) If a certificate of exemption in relation to an unclassified film has been granted under section 33 of the Commonwealth Act as in force before its repeal by the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth, a person does not commit an offence against Part 5 of this Act by reason only of advertising the film in accordance with the conditions, if any, determined under section 35 of the Commonwealth Act as in force before its repeal.

(3) Subsection (2) is subject to the regulations, if any, made under item 13 of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth.

_______________

S. 87G inserted by No. 33/2009 s. 13.

s. 87G

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

* * * * *Pt 12 (Heading and s. 88) repealed by No. 29/2011 s. 3(Sch. 1 item 12).

s. 88

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

SCHEDULE

Section 76(4)

RESTRICTED PUBLICATIONS AREA

PERSONS UNDER 18 YEARS OF AGE MAY NOT ENTER

THE PUBLIC IS WARNED THAT SOME MATERIAL DISPLAYED IN THIS

AREA MAY CAUSE OFFENCE.

═══════════════

Sch.

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

100

ENDNOTES

1. General Information Minister's second reading speech—

Legislative Assembly: 1 November 1995

Legislative Council: 16 November 1995

The long title for the Bill for this Act was "A Bill to provide for the enforcement of a scheme of classification of publications, films and computer games and for other purposes.".

The Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 was assented to on 5 December 1995 and came into operation as follows:

Sections 1 to 5 on 5 December 1995: section 2(1); rest of Act on 1 January 1996: Government Gazette 21 December 1995 page 3570.

Endnotes

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

101

2. Table of Amendments This Version incorporates amendments made to the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998, No. 60/1998

Assent Date: 27.10.98 Commencement Date: Ss 4–15 on 1.1.99: s. 2(2) Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001, No. 69/2001

Assent Date: 7.11.01 Commencement Date: Ss 16, 17 on 8.11.01: s. 2(1); ss 4–15, 18 on 23.3.02:

s. 2(3) Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005, No. 6/2005

Assent Date: 27.4.05 Commencement Date: Ss 8–11 on 28.4.05: s. 2(1); ss 4–7 on 26.5.05: s. 2(2) Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Justice Legislation (Further Amendment) Act 2006, No. 79/2006 Assent Date: 10.10.06 Commencement Date: Ss 6–9 on 1.7.07: s. 2(6) Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2008, No. 5/2008

Assent Date: 14.3.08 Commencement Date: Ss 4–12 on 15.3.08: s. 2(3) Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Endnotes

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

102

Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2009, No. 33/2009

Assent Date: 30.6.09 Commencement Date: Ss 4–13 on 1.7.09: s. 2(3) Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 20) on 1.1.10: Government Gazette

10.12.09 p. 3215 Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 12) on 22.6.11: s. 2(1) Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Classification (Publications, Films and Computer Games) (Enforcement) Amendment Act 2012, No. 72/2012

Assent Date: 4.12.12 Commencement Date: Ss 17–20 on 5.12.12: s. 2(1); ss 4–16 on 1.1.13: s. 2(2) Current State: This information relates only to the provision/s

amending the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

No. 90 of 1995

103

3. Explanatory Details No entries at date of publication.

Endnotes

Закон (№ 90) 1995 года «О классификации (публикаций, фильмов и компьютерных игр) (вопросы правоприменения)», Австралия

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