CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 44 Computer games to display determined markings and consumer advice
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 44
Computer games to display determined markings and consumer advice(1) A person commits an offence if—
(a) the person sells a computer game: and
(b) the container, wrapping or casing of the computer game does not have displayed on it—
(i) the determined markings relevant to the computer game's classification; and
(ii) if there is current consumer advice for the computer game—the consumer advice.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if—
(a) the person sells an unclassified computer game; and
(b) the container, wrapping or casing in which the computer game is sold displays a marking that suggests that the computer game has been classified.
Maximum penalty: 30 penalty units.
(3) A person commits an offence if—
(a) the person sells a classified computer game; and
(b) the container, wrapping or casing in which the computer game is sold displays a marking that suggests that the computer game is unclassified or has a different classification.
Maximum penalty: 30 penalty units.
(4) A person commits an offence if—
(a) the person makes a computer game available for playing on a pay and play basis (for example, a coin operated arcade game); and
(b) the device used for playing the game does not have displayed on it—
(i) the determined markings relevant to the computer game's classification; and
(ii) if there is current consumer advice for the computer game—the consumer advice.
Maximum penalty: 10 penalty units.
(5) If 2 or more computer games are available for playing on a device mentioned in subsection (4), the determined markings and consumer advice to be displayed on the device are the markings and advice relevant to the computer game with the highest classification under the Commonwealth Act.
(6) An offence against this section is a strict liability offence.
(7) Subsection (8) applies if—
(a) a computer game is reclassified under the Commonwealth Act, section 22CH (4) (Revocation of classification by approved classification tool), section 39 (Reclassification etc after 2 years); or
(b) the board revokes a classification or consumer advice for a computer game under the Commonwealth Act.
(8) A person does not commit an offence against this section in relation to the computer game during the 30-day period after the decision to reclassify or revoke takes effect, if the computer game displays the determined markings and consumer advice (if any) applying to the computer game before the reclassification or revocation.