New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 65)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Actthe Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2001Classification (Publications, Films and Computer Games) Enforcement Amendment (Uniform Classification) Act 2004Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2007Classification (Publications, Films and Computer Games) Enforcement Amendment (Advertising) Act 2008Classification (Publications, Films and Computer Games) Enforcement Amendment Act 2010
(2) Any such savings or transitional provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later day.
(3) To the extent to which any such savings or transitional provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) A film that has been classified as a “G”, “PG”, “M”, “MA” or “R” film under the Film and Computer Game Classification Act 1984 before the commencement of this clause is taken to have been classified G, PG, M, MA or R, respectively, under the Commonwealth Act.
(2) A film that has been refused classification or taken to have been refused classification under the Film and Computer Game Classification Act 1984 before the commencement of this clause is taken to have been classified RC under the Commonwealth Act.
A publication that has been classified as an unrestricted publication, a Category 1 restricted publication, a Category 2 restricted publication or a prohibited publication under the Indecent Articles and Classified Publications Act 1975 before the commencement of this clause is taken to have been classified Unrestricted, Category 1 restricted, Category 2 restricted or RC, respectively, under the Commonwealth Act.
(1) A computer game that has been classified as a “G”, “G (8+)”, “M (15+)” or “MA (15+)” computer game under the Film and Computer Game Classification Act 1984 before the commencement of this clause is taken to have been classified G, G (8+), M (15+) or MA (15+), respectively, under the Commonwealth Act.
(2) A computer game that has been refused classification or taken to have been refused classification under the Film and Computer Game Classification Act 1984 before the commencement of this clause is taken to have been classified RC under the Commonwealth Act.
An advertisement relating to a film or computer game that has been approved, or disapproved, under Part 2 of the Film and Computer Game Classification Act 1984 before the commencement of this clause is taken to have been approved or refused approval, respectively, under the Commonwealth Act.
Any proceedings for an offence under the Film and Computer Game Classification Act 1984 or the Indecent Articles and Classified Publications Act 1975 that were pending as at the commencement of this clause are to be dealt with as if this Act had not been enacted.
Note: Section 97 of the Commonwealth Act provides that a pending application under a State Act (eg for the classification of a film, publication or computer game) may be dealt with as if it had been made under the Commonwealth Act. Also, section 96 of the Commonwealth Act provides that a decision of the former Censorship Board or by a censor has effect as if it had been made by the Classification Board under the Commonwealth Act.
In this Part:
"amending Act" means the
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2001 .
(1) Section 34 (4A) and (4B), as inserted by Schedule 1 [13] to the amending Act, apply to a computer game whether published before or after the commencement of Schedule 1 [13].
(2) Sections 46A and 48A, as inserted by Schedule 1 [18] and [21] to the amending Act, apply to a publication, film or computer game whether published before or after the commencement of Schedule 1 [18] and [21], respectively.
(3) An amendment to this Act made by any other provision of the amending Act applies only to:(a) a publication, film or computer game first published on or after the commencement of that provision, or(b) a publication, film or computer game for which an application for classification is made on or after that commencement.
Note: On the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth, classifications for films and computer games will be altered to establish new classifications. The changes to this Act reflect the changes made under the Commonwealth amending Act.
Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2004 of the Commonwealth provides for the conversion of pre-commencement classifications to the equivalent new classifications under the Commonwealth Act. Classifications listed below in Column 1 and Column 2 are being replaced by the classification specified opposite in Column 3.
Column 1 Column 2 Column 3 Previous classification for films Previous classification for computer games New classification for films and computer games G G G PG G (8+) PG M M (15+) M MA MA (15+) MA 15+ R R 18+ (Films only) X X 18+ (Films only) RC RC RC
In this Part:
"Commonwealth amending Act" means the Classification
(Publications, Films and Computer Games) Amendment Act 2004 of the
Commonwealth.
"equivalent former classification" means:
(a) in relation to a film classified G, PG, M, MA 15+, R 18+, X 18+ or RC, a classification of G, PG, M, MA, R, X or RC respectively, or
(b) in relation to a computer game classified G, PG, M, MA 15+ or RC, a classification of G, G (8+), M (15+), MA (15+) or RC respectively."State amending Act" means the Classification (Publications, Films and Computer Games) Enforcement Amendment (Uniform Classification) Act 2004 .
(1) An amendment made by the State amending Act to this Act or any other Act extends to a film or computer game classified before the commencement of the amendment.
(2) For that purpose, a reference in this Act or any other Act to a classification of a film or computer game, in relation to conduct that occurs or is alleged to occur on or after the commencement of any amendment made by the State amending Act, is a reference to the classification that the film or computer game has or is taken to have under the Commonwealth Act on or after the commencement of Schedule 1 to the Commonwealth amending Act.
(3) Unless the regulations otherwise provide, if a film or computer game was classified prior to the commencement of Schedule 1 to the Commonwealth amending Act:(a) a person does not commit an offence under section 15 (3) or 34 (4) by selling the film or computer game in a container, wrapping or casing that displays a marking indicating the equivalent former classification of the film or computer game, and(b) a person does not commit an offence under section 43 (2) by publishing an advertisement for the film or computer game that indicates the equivalent former classification of the film or computer game.
(1) Any proceedings for an offence under this Act or any other Act in relation to conduct that occurred or is alleged to have occurred before the commencement of Schedule 1 to the Commonwealth amending Act are to be dealt with as if the State amending Act had not been enacted, except as otherwise provided by this clause.
(2) For the purpose of any such proceedings, a reference in this Act or any other Act to a classification of a film or computer game is a reference to the classification that had effect under the Commonwealth Act before the commencement of Schedule 1 to the Commonwealth amending Act.
(3) If such proceedings relate to an offence under this Act with respect to a film or computer game that was unclassified at the commencement of Schedule 1 to the Commonwealth amending Act, the following provisions apply:(a) for the purpose of section 59, proceedings for the offence may be commenced when the film or computer game has been classified under the Commonwealth Act (as amended by the Commonwealth amending Act),(b) a film or computer game classified G, PG, M, MA 15+, R 18+, X 18+ or RC, after the commencement of Schedule 1 to the Commonwealth amending Act, is taken to have been classified with the equivalent former classification,(c) evidence or proof that a film or computer game has been classified G, PG, M, MA 15+, R 18+, X 18+ or RC is taken to be evidence or proof of the equivalent former classification.
(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 .
(1) A person does not commit an offence under section 39 (1A) by publishing an advertisement for an unclassified film if the advertisement is published in accordance with a transitional Commonwealth regulation.
(2) In this clause:
"transitional Commonwealth regulation" means a regulation made under item 13 of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Act 2008 of the Commonwealth.