Australian Capital Territory Numbered Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND (NO 47 OF 1995)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.  
   3.      In this Act, unless the contrary intention appears—“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 years of age or older; “advertisement” has the same meaning as in the Commonwealth Act; “approved advertisement” means an advertisement approved under the Commonwealth Act; “approved form” means a form approved by the Director and published in the Commonwealth Gazette; “Board” means the Classification Board established by section 45 of the Commonwealth Act; “business day” means a day other than a Saturday, a Sunday or a public holiday under the Holidays Act 1958; “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; “Commonwealth Act” means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth; “computer game” has the same meaning as in the Commonwealth Act; “consumer advice” means consumer advice determined under section 20 of the Commonwealth Act; “court” means the Magistrates Court; “demonstrate” includes exhibit, display, screen or make available for playing; “Deputy Director” means the Deputy Director of the Board; “determined fee” means the fee determined by the Minister under section 67 for the purposes of the provision in which the expression occurs; “determined markings” means markings determined under section 8 of the Commonwealth Act; “Director” means the Director of the Board; “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; “place” includes vacant land, premises, a vehicle, a vessel and an aircraft; “publication” has the same meaning as in the Commonwealth Act; “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; “publish” has the same meaning as in the Commonwealth Act; “restricted publications area” means any premises, or part of a premises, constructed and managed in accordance with section 62; “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.  
   4.      For the purposes of this Act, a person is taken to exhibit a film in a public place if the person—  
   5.      This Act does not apply to broadcasting services to which the Broadcasting Services Act 1992 of the Commonwealth applies.  

   PART II--FILMS

   7.      A person shall not, without reasonable excuse, exhibit a film in a public place unless a notice in the approved form about classifications for films is displayed in a prominent place in that public place so that the notice is clearly visible to the public.  
   9.      A person shall not, without reasonable excuse, exhibit any of the following so that it can be seen from a public place:  
   10.     A person who—  
   11.     A minor who is 15 years of age or older shall not, without reasonable excuse, attend the exhibition in a public place of a film classified X or R, knowing that the film is so classified.  
   15.     A person shall not, without reasonable excuse, sell an unclassified film or a film classified RC.  
   16.     A person shall not, without reasonable excuse, sell a classified film unless the film is sold—  
   17.     A person shall not, without reasonable excuse, sell films on any premises unless a notice in the approved form about classifications for films is displayed in a prominent place on the premises so that the notice is clearly visible to the public.  
   20.     If a film is classified X, a person shall not, without reasonable excuse—  
   23.     A person shall not, without reasonable excuse, leave in a public place or, without the occupier's permission, on private premises—  

   PART III--PUBLICATIONS

   28.     A person shall not, without reasonable excuse, sell, deliver or publish a publication classified Unrestricted unless it bears the determined markings.  

   PART IV--COMPUTER GAMES

   33.     (1) A person shall not, without reasonable excuse, sell or demonstrate a computer game in a public place unless the computer game is classified.  
   34.     A person shall not, without reasonable excuse, sell or demonstrate a computer game in a public place unless a notice in the approved form about classifications for computer games is displayed in a prominent place in that public place so that the notice is clearly visible to the public.  
   35.     A person shall not, without reasonable excuse—  
   36.     A person shall not, without reasonable excuse, demonstrate a computer game classified MA (15+) in a public place unless—  
   37.     A person shall not, without reasonable excuse, demonstrate any of the following so that it can be seen from a public place:  
   42.     A person shall not, without reasonable excuse, leave in a public place or, without the occupier's permission, on private premises—  

   PART V--ADVERTISEMENTS

   44.     (1) A person shall not, without reasonable excuse, publish an advertisement for a film or publication or computer game—  
   46.     A person shall not, without reasonable excuse, screen in a public place an advertisement for a film during a program for the exhibition of another film (“the feature film”) unless the feature film has a classification specified in column 2 of an item in the Table and the advertised film has a classification specified opposite it in column 3 of that item.  
   47.     The occupier of a public place shall not, without reasonable excuse, screen in the public place—  
   48.     A person shall not, without reasonable excuse, sell a film (“the feature film”) that is accompanied by an advertisement for another film unless the feature film has a classification specified in column 2 of an item in the Table and the advertised film has a classification specified opposite it in column 3 of that item.  
   49.     A person shall not, without reasonable excuse, sell, or demonstrate in a public place, a computer game (“the main game”) that is accompanied by an advertisement for another game unless the main game has a classification specified in column 2 of an item in the Table and the advertised computer game has a classification specified opposite it in column 3 of that item.  
   54.     A person shall not, without reasonable excuse, publish a publication containing an advertisement for—  

   PART VII--EXEMPTIONS

   59.     Application may be made to the Administrative Appeals Tribunal for a review of a decision referred to in section 58.  

   PART VIII--MISCELLANEOUS

   60.     Where a body corporate is convicted of an offence against this Act or the regulations, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.  
   63.     In any proceeding for an offence against this Act, a certificate signed or purporting to be signed by the Director or Deputy Director and stating that—  
   64.     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—  
   65.     Despite anything to the contrary in this Act, a person may publish to a prescribed person or body, or to a person or body in a prescribed class of persons or bodies—  
   67.     The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.  
   68.     The Executive may make regulations for the purposes of this Act.  
   69.     The following Acts are repealed: