Australian Capital Territory Numbered Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND - SECT 49

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.

TABLE

Item

Column 2

Main game

Column 3

Advertised computer game

1

G

G

2

G (8+)

G (8+) or G

3

M (15+)

M (15+), G (8+) or G

4

MA (15+)

MA (15+), M (15+), G (8+) or G

Penalty: 30 penalty units.

Advertisement to contain determined markings and consumer advice

50. (1) A person shall not, without reasonable excuse, publish an advertisement for a classified film, 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 by the Director under section 8 of the Commonwealth Act; and

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

Penalty: 10 penalty units.

(2) If a film, publication or computer game is reclassified under section 39 of the Commonwealth Act, display of the determined markings and consumer advice applicable to the film, publication or computer game before reclassification is sufficient compliance with subsection (1) for a period of 30 days after the decision to reclassify takes effect.

Misleading or deceptive advertisements

51. (1) A person shall not, without reasonable excuse, publish an advertisement for an unclassified film, an unclassified publication or an unclassified computer game with a marking that indicates or suggests that the film, publication or computer game is classified.

Penalty: 30 penalty units.

(2) A person shall not, without reasonable excuse, publish an advertisement for a classified film, classified publication or classified computer game with a marking that indicates or suggests that the film, publication or computer game is unclassified or has a different classification.

Penalty: 30 penalty units.

(3) If a film, publication or computer game is reclassified under section 39 of the Commonwealth Act, publication of the determined markings applicable to the film, publication or computer game before reclassification is sufficient compliance with subsection (2) for a period of 30 days after the decision to reclassify takes effect.

Advertisements for Category 1 restricted or Category 2 restricted publications

52. (1) A person shall not, without reasonable excuse, publish an advertisement for a publication classified Category 1 restricted except in a publication classified Category 1 restricted, Category 2 restricted or in a restricted publications area.

Penalty: 30 penalty units.

(2) A person shall not, without reasonable excuse, publish an advertisement for a publication classified Category 2 restricted except in a publication classified Category 2 restricted or in a restricted publications area.

Penalty: 30 penalty units.

(3) If an advertisement of 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 30 penalty units.

Advertisements and X films

53. (1) If—

        (a)     an advertisement for a film classified R is published in a publication; and

        (b)     a film classified X is sold to a person responding to the advertisement;

the person who, without reasonable excuse, sells the film is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units or imprisonment for 6 months, or both.

(2) A person shall not, without reasonable excuse, publish an advertisement for a film classified X if the advertisement explicitly depicts or describes sexual acts or fetishes.

Penalty: 30 penalty units.

(3) Subsection (2) does not apply if—

        (a)     the advertisement is contained in a sealed package made of plain opaque material bearing the words “WARNING: SEXUALLY EXPLICIT ADVERTISING”, or words to the like effect, prominently displayed on the outside of the package; and

        (b)     the package referred to in paragraph (a) is contained in another sealed package made of plain opaque material.

Classification symbols etc. to be published with advertisements



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