New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
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 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Classification (Publications, Films and
Computer Games) Enforcement Act 1995 No 63 3
b2010-083-42.d09
New South Wales
Classification (Publications, Films and
Computer Games) Enforcement
Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Classification (Publications, Films and Computer Games)
Enforcement Act 1995 to make further provision for the enforcement of the
classification scheme for publications, films and computer games; and for other
purposes.
Classification (Publications, Films and Computer Games) Enforcement
Clause 1 Amendment Bill 2010
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 Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2010
Amendment of Classification (Publications, Films and Computer Games) Schedule 1
Enforcement Act 1995 No 63
Schedule 1 Amendment of Classification 1
(Publications, Films and Computer 2
Games) Enforcement Act 1995 No 63 3
[1] Section 4 Definitions 4
Omit the definition of submittable publication from section 4 (1). 5
Insert instead: 6
submittable publication has the same meaning as in the 7
Commonwealth Act, and includes a publication called in by the 8
Director under: 9
(a) section 46 of this Act, or 10
(b) a provision of an Act of another State or a Territory that 11
corresponds to that section. 12
[2] Section 40 Advertisements with feature films 13
Omit section 40 (1) and (2). Insert instead: 14
(1) A person must not, during a program for the exhibition of a 15
classified film (the feature film), publicly exhibit an 16
advertisement for another film or a computer game unless the 17
advertised film or advertised computer game has the same 18
classification as (or has a lower classification than) the feature 19
film. 20
Maximum penalty: 50 penalty units for an individual, 21
100 penalty units for a corporation. 22
(2) A person must not sell a film that contains a classified film 23
(the feature film) and an advertisement for another film or a 24
computer game unless the advertised film or advertised computer 25
game has the same classification as (or has a lower classification 26
than) the feature film. 27
Maximum penalty: 50 penalty units for an individual, 28
100 penalty units for a corporation. 29
[3] Section 40 (3) 30
Omit "film". 31
[4] Section 41 Advertisements with computer games 32
Omit section 41 (1). Insert instead: 33
(1) A person must not sell, or publicly demonstrate, a computer game 34
that contains a classified computer game (the main computer 35
game) and an advertisement for another computer game or a film 36
Page 3
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2010
Schedule 1 Amendment of Classification (Publications, Films and Computer Games)
Enforcement Act 1995 No 63
unless the advertised game or advertised film has the same 1
classification as (or has a lower classification than) the main 2
computer game. 3
Maximum penalty: 50 penalty units for an individual, 4
100 penalty units for a corporation. 5
[5] Section 41 (2) 6
Omit the subsection. Insert instead: 7
(2) The hierarchy of classification is as follows: 8
(a) G is a lower classification than PG, M, MA 15+ or R 18+, 9
(b) PG is a lower classification than M, MA 15+ or R 18+, 10
(c) M is a lower classification than MA 15+ or R 18+, 11
(d) MA 15+ is a lower classification than R 18+. 12
Note. The highest classification for computer games under the National 13
Classification Code is MA 15+. The highest classification for films under 14
that Code is R 18+. 15
[6] Section 58 Evidence 16
Omit "section 87 of" from section 58 (1). 17
[7] Section 58A 18
Insert after section 58: 19
58A Proof of classification by agreement 20
(1) Subject to subsection (2), if a person is charged with an offence 21
under this Act, the prosecution may, prior to the trial, give the 22
accused a notice: 23
(a) setting out: 24
(i) the title or apparent title (if any) of the publication, 25
film or computer game, and 26
(ii) particulars of the offence in relation to which the 27
notice is served, and 28
(b) stating that the accused is entitled to view the publication, 29
film or computer game, and 30
(c) inviting the accused to indicate, by completing and signing 31
a statement to that effect set out in the notice and returning 32
the notice to an address set out in the notice, that the 33
accused agrees that, on a specified date, the publication, 34
film or computer game: 35
(i) was classified at the specified classification, or 36
Page 4
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2010
Amendment of Classification (Publications, Films and Computer Games) Schedule 1
Enforcement Act 1995 No 63
(ii) was unclassified but would, if classified, have been 1
of the specified classification, 2
as the case may require, and 3
(d) stating that if the accused does not indicate his or her 4
agreement in accordance with paragraph (c) within the 5
period specified in the notice (being not less than the 6
prescribed period), the accused will, if found guilty of the 7
offence specified in the notice, be liable to pay an amount 8
equal to: 9
(i) if the offence in relation to which the notice is 10
served involves an allegation that, on a specified 11
date, a publication, film or computer game was 12
unclassified but would, if classified, have been of a 13
particular classification--the fee for classification 14
of the publication, film or computer game, or 15
(ii) if the offence in relation to which the notice is 16
served involves an allegation that, on a specified 17
date, a publication, film or computer game was 18
classified at a particular classification--the fee for 19
obtaining a certificate of a kind described in 20
section 58 specifying the classification of the 21
publication, film or computer game at that date. 22
(2) This section does not apply where the offence with which a 23
person is charged involves an allegation that a publication, film 24
or computer game was unclassified but would, if classified, be 25
classified at a classification other than X 18+ or RC. 26
(3) A person served with a notice under this section must, on making 27
a written request to the prosecution within 14 days from the date 28
of service of the notice, be allowed to view the publication, film 29
or computer game the subject of the notice at a time and place 30
fixed by the prosecution. 31
(4) In proceedings for an offence under this Act, a notice under this 32
section containing a statement, completed and signed by the 33
accused, that the accused agrees that, on a specified date, the 34
publication, film or computer game: 35
(a) was classified at the specified classification, or 36
(b) was unclassified but would, if classified, have been of a 37
specified classification, 38
is evidence of, and in the absence of evidence to the contrary is 39
proof of, the matter agreed. 40
Page 5
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2010
Schedule 1 Amendment of Classification (Publications, Films and Computer Games)
Enforcement Act 1995 No 63
(5) If: 1
(a) a person served with a notice under this section does not 2
deliver the notice, duly completed and signed, to the 3
address specified in the notice within the period specified 4
in the notice, and 5
(b) the person is found guilty of the offence specified in the 6
notice, 7
the prosecution is entitled, on application to the court making the 8
finding of guilt, to recover from the person an amount equal to the 9
fee described in the notice. 10
(6) In proceedings in which an application referred to in 11
subsection (5) is made, a certificate signed or purporting to be 12
signed by the Commissioner of Police and stating that: 13
(a) a person was served with a notice set out in the certificate 14
and did not return the notice, duly completed and signed, 15
to the address specified in the notice within the period 16
specified in the notice, and 17
(b) a specified amount was paid as the fee described in the 18
notice, 19
is evidence of, and in the absence of evidence to the contrary is 20
proof of, the facts stated in the certificate. 21
(7) If: 22
(a) a notice is served under this section in relation to an 23
offence involving an allegation that a publication, film or 24
computer game was unclassified but would, if classified, 25
have been of a specified classification, and 26
(b) the person served with the notice does not return the 27
notice, duly completed and signed, to the address specified 28
in the notice within the period specified in the notice, and 29
(c) the publication, film or computer game is subsequently 30
classified at a higher classification than the classification 31
specified in the notice, 32
this section applies as if the notice had specified that higher 33
classification. 34
(8) In this section, prescribed period means 14 days from the date of 35
service of the notice or, if the person served with the notice 36
requests that he or she be allowed to view the publication, film or 37
computer game the subject of the notice, 14 days from the time 38
fixed by the prosecution for the viewing. 39
Page 6
Classification (Publications, Films and Computer Games) Enforcement
Amendment Bill 2010
Amendment of Classification (Publications, Films and Computer Games) Schedule 1
Enforcement Act 1995 No 63
[8] Section 59 Commencement of proceedings 1
Omit section 59 (1). Insert instead: 2
(1) Proceedings for an offence under this Act in relation to a film, 3
publication or computer game that is unclassified at the time of 4
the alleged offence: 5
(a) are not to be commenced until: 6
(i) the film, publication or computer game has been 7
classified, or 8
(ii) the accused, by notice under section 58A, agrees 9
that the publication, film or computer game if 10
classified would have been the classification agreed, 11
and 12
(b) are not to be commenced later than 12 months after the 13
date on which: 14
(i) the film, publication or computer game was 15
classified, or 16
(ii) the accused returned the notice under section 58A, 17
whichever is relevant. 18
[9] Schedule 1 Savings and transitional provisions 19
Insert at the end of clause 1 (1): 20
Classification (Publications, Films and Computer Games) 21
Enforcement Amendment Act 2010 22
Page 7
[Index] [Search] [Download] [Related Items] [Help]