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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Classification (Publications, Films and
Computer Games) Enforcement
Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Classification (Publications, Films and
Computer Games) Enforcement Act 1995 No 63 2
4 Repeal of Act 2
Schedule 1 Amendments consequential on enactment of Classification
(Publications, Films and Computer Games) Amendment
Act 2007 of the Commonwealth 3
Schedule 2 Other amendments 5
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Classification (Publications, Films and
Computer Games) Enforcement
Amendment Bill 2007
Act No , 2007
An Act to amend the Classification (Publications, Films and Computer Games)
Enforcement Act 1995 consequentially on the enactment of amendments to the
corresponding Commonwealth Act, and to make further provision for the giving of
exemptions from the State Act; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Classification (Publications, Films and Computer Games) Enforcement
Clause 1 Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Classification (Publications, Films and Computer
Games) Enforcement Amendment Act 2007.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation,
except as provided by subsection (2).
(2) Schedule 1 [6] commences:
(a) on the date of commencement of items 7 and 14 of Part 1 of
Schedule 2 to the Classification (Publications, Films and
Computer Games) Amendment Act 2007 of the Commonwealth
or the date of assent to this Act, whichever is the later, but
(b) if those items commence on different dates and either or both of
those dates are after the date of assent to this Act--on the later of
those dates.
3 Amendment of Classification (Publications, Films and Computer Games)
Enforcement Act 1995 No 63
The Classification (Publications, Films and Computer Games)
Enforcement Act 1995 is amended as set out in Schedules 1 and 2.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2007
Amendments consequential on enactment of Classification (Publications, Schedule 1
Films and Computer Games) Amendment Act 2007 of the Commonwealth
Schedule 1 Amendments consequential on
enactment of Classification
(Publications, Films and Computer
Games) Amendment Act 2007 of the
Commonwealth
(Section 3)
[1] Section 4 Definitions
Omit the definition of approved form in section 4 (1). Insert instead:
approved form means a form approved under section 8A of the
Commonwealth Act.
[2] Section 4 (1)
Insert in alphabetical order:
Convenor means the Convenor of the Review Board appointed
under section 74 of the Commonwealth Act.
[3] Section 5A
Insert after section 5:
5A Films consisting only of classified films
Despite any other provision of this Act, a film:
(a) that is contained on one device, and
(b) that 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.
[4] Section 7 Classified films not to be sold or exhibited under different title
or in altered form
Insert at the end of the section:
(2) Subsection (1) is not contravened by the sale or 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 modifications referred to in section 21 (2) of the
Commonwealth Act,
or both.
Page 3
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2007
Schedule 1 Amendments consequential on enactment of Classification (Publications,
Films and Computer Games) Amendment Act 2007 of the Commonwealth
[5] Section 42 Advertisements to contain determined markings and
consumer advice
Omit "by the Director" from section 42 (1) (b) (i).
[6] Section 48B Obtaining copies for review
Omit "Director" from section 48B (1). Insert instead "Convenor".
[7] Section 58 Evidence
Omit "Director or Deputy Director" from section 58 (1).
Insert instead "Director, Deputy Director or Convenor".
Page 4
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2007
Other amendments Schedule 2
Schedule 2 Other amendments
(Section 3)
[1] Section 4 Definitions
Omit "(see note at the end of this section)" wherever occurring in section 4 (1).
[2] Section 4, note
Omit the note.
[3] Section 48 Calling in advertisements
Omit "classified" from section 48 (1) (b).
[4] Section 51
Omit the section. Insert instead:
51 Exemptions
(1) Power to exempt
The Director may:
(a) on application by any person, make a written direction that
this Act does not, to the extent and subject to any condition
specified in the direction, apply to or in respect of any film,
publication, computer game or advertisement, or
(b) on application made in accordance with subsection (9),
make a written direction that this Act, or any specified
provision of this Act, does not, to the extent and subject to
any condition specified in the direction, apply to an
organisation approved under subsection (2) in relation to
the exhibition of a film at an event (being a film and event
specified in the direction), or
(c) on application made in accordance with subsection (10),
make a written direction that this Act, or any specified
provision of this Act, does not, to the extent and subject to
any condition specified in the direction, apply to an
organisation approved under subsection (5) in relation to
all or any of its activities or functions that relate to films or
computer games.
(2) Approval of organisations for the purposes of subsection (1) (b)
The Director, by notice published in the Commonwealth Gazette,
may, on application, approve an organisation for the purposes of
subsection (1) (b). An approval takes effect on the date of
publication of the notice.
Page 5
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2007
Schedule 2 Other amendments
(3) In considering whether to approve an organisation under
subsection (2), the Director is to have regard to the following
matters:
(a) the purpose for which the organisation was formed,
(b) the extent to which the organisation carries on activities of
a medical, scientific, educational, cultural or artistic
nature,
(c) the reputation of the organisation in relation to the
screening of films,
(d) the conditions as to admission of persons to the screening
of films by the organisation.
(4) The Director may revoke an approval given under subsection (2)
if, because of a change in any matter referred to in subsection (3),
the Director considers that it is no longer appropriate that the
organisation be approved.
(5) Approval of organisations for the purposes of subsection (1) (c)
The Director, by notice published in the Commonwealth Gazette,
may, on application, approve an organisation for the purposes of
subsection (1) (c) if the organisation carries on activities of an
educational, cultural or artistic nature. An approval takes effect
on the date of publication of the notice.
(6) In considering whether to approve an organisation under
subsection (5), the Director is to have regard to the following
matters:
(a) the purpose for which the organisation was formed,
(b) the extent to which the organisation carries on activities of
an educational, cultural or artistic nature,
(c) the reputation of the organisation in relation to:
(i) the screening of films, or
(ii) the possession or demonstration of computer games,
as the case may be,
(d) the conditions as to admission of persons to:
(i) the screening of films by the organisation, or
(ii) the demonstration of computer games by the
organisation,
as the case may be.
Page 6
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2007
Other amendments Schedule 2
(7) The Director may revoke an approval given under subsection (5)
if, because of a change in any matter referred to in subsection (6),
the Director considers that it is no longer appropriate that the
organisation be approved.
(8) Notification of refusal or revocation of approval
The Director is to notify an organisation in writing of the
Director's 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. Revocation of an approval takes effect
on the date of the decision to revoke or on a later date specified
in the notice.
(9) Application for exemption
An application by an approved organisation for an exemption
under subsection (1) (b) must:
(a) be in writing, and
(b) specify the film that the organisation intends to exhibit and
the event at which the film is to be exhibited, and
(c) be accompanied by a synopsis of the story or events
depicted in the film, and the prescribed fee.
(10) An application by an approved organisation for an exemption
under subsection (1) (c) must:
(a) be in writing, and
(b) specify the extent of the exemption sought, and
(c) be accompanied by the prescribed fee.
(11) Notification of refusal of exemption
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.
(12) Ministerial directions and guidelines
In considering whether:
(a) to make a direction under subsection (1), or
(b) to give an approval under subsection (2) or (5), or
(c) to revoke such an approval,
the Director is to give effect to any directions or guidelines issued
by the Minister in relation to the application of this Act.
Page 7
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2007
Schedule 2 Other amendments
[5] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2007
[6] Schedule 1
Insert at the end of the Schedule:
Part 5 Provisions consequent on Classification
(Publications, Films and Computer Games)
Enforcement Amendment Act 2007
12 Exemptions
(1) Any directions or approvals given by the Director under section
51 and in force immediately before the commencement of this
clause are taken to have been given under section 51 as
substituted by the Classification (Publications, Films and
Computer Games) Enforcement Amendment Act 2007.
(2) Any applications for directions or approvals made under section
51 and pending immediately before the commencement of this
clause are taken to have been made under section 51 as
substituted by the Classification (Publications, Films and
Computer Games) Enforcement Amendment Act 2007.
(3) Any directions or guidelines given by the Minister under section
51 and in force immediately before the commencement of this
clause are taken to have been given under section 51 as
substituted by the Classification (Publications, Films and
Computer Games) Enforcement Amendment Act 2007.
Page 8
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