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Classification (Publications, Films and Computer Games) Enforcement Amendment (Advertising) Bill 2008 No , 2008 A Bill for An Act to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 in relation to the advertising of unclassified films and unclassified computer games.
Classification (Publications, Films and Computer Games) Enforcement Clause 1 Amendment (Advertising) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Classification (Publications, Films and Computer 3 Games) Enforcement Amendment (Advertising) Act 2008. 4 2 Commencement 5 This Act commences on a day to be appointed by proclamation. 6 3 Amendment of Classification (Publications, Films and Computer Games) 7 Enforcement Act 1995 No 63 8 The Classification (Publications, Films and Computer Games) 9 Enforcement Act 1995 is amended as set out in Schedule 1. 10 4 Repeal of Act 11 (1) This Act is repealed on the day following the day on which this Act 12 commences. 13 (2) The repeal of this Act does not, because of the operation of section 30 14 of the Interpretation Act 1987, affect any amendment made by this Act. 15 Page 2
Classification (Publications, Films and Computer Games) Enforcement Amendment (Advertising) Bill 2008 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Section 4 Definitions 3 Insert in alphabetical order in section 4 (1): 4 Advertising Scheme means the scheme determined from time to 5 time under section 31 of the Commonwealth Act. 6 [2] Section 39 Certain films, publications and computer games not to be 7 advertised 8 Omit section 39 (1) (b) and (e). 9 [3] Section 39 (1A) 10 Insert after section 39 (1): 11 (1A) A person must not publish an advertisement for an unclassified 12 film or unclassified computer game otherwise than in accordance 13 with the Advertising Scheme. 14 Maximum penalty: 100 penalty units for an individual, 200 15 penalty units for a corporation. 16 [4] Section 40 Advertisements with feature films 17 Insert after section 40 (2): 18 (2A) A person must not publicly exhibit an advertisement for an 19 unclassified film during a program for the exhibition of a 20 classified film unless the exhibition of that advertisement with 21 the classified film complies with the Advertising Scheme. 22 Maximum penalty: 100 penalty units for an individual, 200 23 penalty units for a corporation. 24 (2B) A person must not sell a classified film that is accompanied by an 25 advertisement for an unclassified film or unclassified computer 26 game unless the sale of that classified film with that 27 advertisement complies with the Advertising Scheme. 28 Maximum penalty: 100 penalty units for an individual, 200 29 penalty units for a corporation. 30 [5] Section 41 Advertisements with computer games 31 Insert after section 41 (1): 32 (1A) A person must not sell, or publicly demonstrate, a classified 33 computer game that is accompanied by an advertisement for an 34 unclassified computer game or unclassified film unless the sale or 35 Page 3
Classification (Publications, Films and Computer Games) Enforcement Amendment (Advertising) Bill 2008 Schedule 1 Amendments public demonstration of the classified computer game with that 1 advertisement complies with the Advertising Scheme. 2 Maximum penalty: 100 penalty units for an individual, 200 3 penalty units for a corporation. 4 [6] Schedule 1 Savings and transitional provisions 5 Insert at the end of clause 1 (1): 6 Classification (Publications, Films and Computer Games) 7 Enforcement Amendment (Advertising) Act 2008 8 [7] Schedule 1, Part 6 9 Insert after Part 5: 10 Part 6 Provisions consequent on Classification 11 (Publications, Films and Computer Games) 12 Enforcement Amendment (Advertising) 13 Act 2008 14 13 Advertisements for unclassified films 15 (1) A person does not commit an offence under section 39 (1A) by 16 publishing an advertisement for an unclassified film if the 17 advertisement is published in accordance with a transitional 18 Commonwealth regulation. 19 (2) In this clause: 20 transitional Commonwealth regulation means a regulation 21 made under item 13 of Schedule 1 to the Classification 22 (Publications, Films and Computer Games) Amendment 23 (Assessments and Advertising) Act 2008 of the Commonwealth. 24 Page 4
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