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This is a Bill, not an Act. For current law, see the Acts databases.
CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES AMENDMENT BILL 2008
Serial
154
Classification of Publications, Films and
Computer Games Amendment Bill 2008
Dr
Burns
A Bill for an Act to amend the
Classification of Publications, Films and Computer Games Act, and for
related purposes
NORTHERN TERRITORY OF
AUSTRALIA
Classification of Publications, Films
and Computer Games AMENDMENT ACT 2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act to amend the Classification of
Publications, Films and Computer Games Act, and for related
purposes
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
Part 1 Preliminary
matters
Short title
This Act may be cited as the Classification of
Publications, Films and Computer Games Amendment Act
2008.
This Act commences on the date fixed by the
Administrator by Gazette notice.
Part 2 Amendment of Classification of
Publications, Films and Computer Games
Act
Act amended
This Part amends the Classification of
Publications, Films and Computer Games Act.
Amendment of section 3
(Definitions)
(1) Section 3
omit
In this Act, unless the contrary intention appears
–
substitute
In this Act:
(2) Section 3, definitions approved
form, exhibit, minor, restricted
publications area
omit
(3) Section 3
insert (in alphabetical
order)
Advertising Scheme means the scheme
determined from time to time under section 31(1) of the Commonwealth
Act.
approved form means a form approved
under section 8A of the Commonwealth Act.
child means a person under 18 years of
age.
Convenor means the Convenor of
the Review Board appointed under the Commonwealth Act.
exhibit, for a film, means project,
screen or play.
manager, for a restricted publications
area, see section 104(5).
possession, of an item,
includes:
(a) having control over the item;
and
(b) having joint possession of the
item.
prescribed business means a business
prescribed by regulation.
prescribed fee means a fee prescribed
by regulation.
prescribed person means a person
prescribed by regulation.
private place means a place other than
a public place.
restricted publications area, see
section 104(1).
(4) Section 3, definition submittable
publication
omit
section 50ZM
substitute
section 90
After section 3A
insert
3B Films consisting
only of classified films
(1) This section applies to a
film:
(a) contained on 1 device; and
(b) consisting only of 2 or more classified
films.
(2) Despite any other provision of this Act, the
film is to be treated, for this Act, as if each of the classified films were on
a separate device.
After section 4
insert
4AA Application of
Criminal Code
Part IIAA of the Criminal Code applies to an offence
against this Act.
Note
Part IIAA of the Criminal Code states the general
principles of criminal responsibility, establishes general defences, and deals
with burden of proof. It also defines, or elaborates on, certain concepts
commonly used in the creation of offences.
Repeal and substitution of Parts IV to
VI
Parts IV to VI
repeal, substitute
Division
1 Exhibition of films
35 Exhibition of
films in public place
(1) A person must not exhibit an unclassified film
in a public place.
Fault elements:
(a) intention to exhibit the film;
and
(b) knowledge that, or recklessness as to whether,
the film is unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) A person must not exhibit a classified film in
a public place:
(a) with a title other than the title under which
the film is classified; or
(b) in a form other than the form in which the film
is classified.
Fault elements:
(a) intention to exhibit the film;
and
(b) knowledge that, or recklessness as to whether,
the film is exhibited in contravention of paragraph (a) or (b).
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(3) Subsection (2) does not apply to the exhibition
of a classified film:
(a) under a title other than the title under which
it is classified if it is contained on 1 device together with another classified
film or films and no unclassified films; or
(b) with modifications mentioned in section 21(2) of
the Commonwealth Act.
36 Display of notice
about classifications
A person must not exhibit a film in a public place
unless the person displays a notice:
(a) in the approved form about classifications for
films; and
(b) in the place so the notice is clearly visible to
the public.
Fault element: Strict liability
offence.
Maximum penalty: 20 penalty units.
37 Exhibition of RC
and X 18+ films
(1) A person must not exhibit a film classified RC
in a public place.
Fault elements:
(a) intention to exhibit the film;
and
(b) knowledge that, or recklessness as to whether,
the film is classified RC.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) A person must not exhibit a film classified X
18+ in a public place that is not a restricted publications
area.
Fault elements:
(a) intention to exhibit the film;
and
(b) knowledge that the place is not a restricted
publications area or recklessness as to that fact; and
(c) knowledge that, or recklessness as to whether,
the film is classified X 18+.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
38 Exhibition of
unclassified, RC and X 18+ films
(1) A person must not exhibit a film so that it can
be seen from a public place if the film is:
(a) classified RC or X 18+; or
(b) unclassified but would, if classified, be
classified RC or X 18+.
Fault elements:
(a) intention to exhibit the film;
and
(b) knowledge that, or recklessness as to whether,
the film can be seen from a public place; and
(c) knowledge that, or recklessness as to whether,
the film is classified RC or X 18+ or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) If the film is unclassified, absolute liability
applies to the circumstance that the film would, if classified, be classified RC
or X 18+.
39 Exhibition of R
18+ and MA 15+ films
(1) The Minister may prohibit the exhibition of a
film classified R 18+ or MA 15+:
(a) in a drive-in theatre; or
(b) in any other public place if, in the Minister's
opinion, it is possible to see a film from an ordinary vantage point outside the
place when it is exhibited in the place.
(2) The prohibition may:
(a) relate to a specified film or class of films and
to drive-in theatres generally or a specified drive-in theatre or other place;
and
(b) be imposed, varied or revoked by Gazette
notice or by written notice given to the person who exhibits films in the
theatre or place to which the notice relates.
(3) A person must not exhibit a film in
contravention of the notice.
Fault element: Intention to exhibit the
film.
Maximum penalty: For a film classified R
18+:
200 penalty units or imprisonment for
2 years.
For a film classified MA 15+:
100 penalty units or imprisonment for
12 months.
40 Attendance of
child at certain films – offence by parents and
guardians
(1) A parent or guardian of a child must not permit
the child to attend the exhibition of a film in a public place if the film
is:
(a) classified RC, X 18+ or R 18+;
or
(b) unclassified but would, if classified, be
classified RC, X 18+ or R 18+.
Fault elements:
(a) intention to permit the child to attend the
exhibition; and
(b) knowledge that the film is classified RC, X 18+
or R 18+ or unclassified.
Maximum penalty: 50 penalty units.
(2) If the film is unclassified, absolute liability
applies to the circumstance that the film would, if classified, be classified
RC, X 18+ or R 18+.
41 Attendance of
child at certain films – offence by child
A child who is at least 15 years of age must not
attend the exhibition of a film classified RC, X 18+ or R 18+ in a public
place.
Fault elements:
(a) intention to attend the exhibition;
and
(b) knowledge that the film is classified RC, X 18+
or R 18+.
Maximum penalty: 50 penalty units.
42 Private exhibition
of certain films in presence of child
(1) A person must not exhibit a film in a private
place if:
(a) the film is:
(i) classified RC, X 18+ or R 18+;
or
(ii) unclassified but would, if classified, be
classified RC, X 18+ or R 18+; and
(b) a child is present during any part of the
exhibition.
Fault elements:
(a) intention to exhibit the film;
and
(b) knowledge that, or recklessness as to whether,
the film is classified RC, X 18+ or R 18+ or unclassified.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) Absolute liability applies to:
(a) if the film is unclassified – the
circumstance that the film would, if classified, be classified RC, X 18+ or R
18+; and
(b) the circumstance that the person present is a
child.
(3) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that the defendant believed, on
reasonable grounds, that the child was an adult.
43 Attendance of
child at R 18+ films – offence by exhibitor
(1) A person must not exhibit a film in a public
place if:
(a) the film is classified R 18+;
and
(b) a child is present during any part of the
exhibition.
Fault element: Intention to exhibit the
film.
Maximum penalty: 50 penalty units.
(2) Absolute liability applies to the circumstance
that the person present is a child.
(3) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that:
(a) the child produced to the defendant acceptable
proof of age before the child was admitted to the public place;
and
(b) the defendant believed, on reasonable grounds,
that the child was an adult.
44 Attendance of
child at MA 15+ films – offence by exhibitor
(1) A person must not exhibit a film in a public
place if:
(a) the film is classified MA 15+;
and
(b) a child under 15 years of age is present during
any part of the exhibition; and
(c) the child is not accompanied by a parent or
guardian of the child.
Fault elements:
(a) intention to exhibit the film;
and
(b) knowledge that the child is not accompanied by a
parent or guardian or recklessness as to that fact.
Maximum penalty: 20 penalty units.
(2) For subsection (1), a child is accompanied by a
parent or guardian despite the temporary absence of the parent or guardian from
the exhibition of the film.
(3) Absolute liability applies to the circumstance
that the person present is under 15 years of age.
(4) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that:
(a) the defendant took all reasonable steps to
ensure the child was not present in contravention of the subsection;
or
(b) the defendant believed, on reasonable grounds,
that the child was at least 15 years of age; or
(c) the defendant believed, on reasonable grounds,
that the person accompanying the child was a parent or guardian of the
child.
(1) A person must not sell an unclassified
film.
Fault elements:
(a) intention to sell the film; and
(b) knowledge that, or recklessness as to whether,
the film is unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) A person must not sell a classified
film:
(a) with a title other than the title under which
the film is classified; or
(b) in a form other than the form in which the film
is classified.
Fault elements:
(a) intention to sell the film; and
(b) knowledge that, or recklessness as to whether,
the film is sold in contravention of paragraph (a) or (b).
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(3) Subsection (2) does not apply to the sale of a
classified film:
(a) with a title other than the title under which it
is classified if it is contained on 1 device together with another classified
film or films and no unclassified films; or
(b) with modifications mentioned in section 21(2) of
the Commonwealth Act.
46 Display of notice
about classifications
A person must not sell a film at any premises unless
the person displays a notice:
(a) in the approved form about classifications for
films; and
(b) in the premises so the notice is clearly visible
to the public.
Fault element: Strict liability
offence.
Maximum penalty: 20 penalty units.
47 Film must display
determined markings and consumer advice
(1) A person must not sell a film unless the
container, wrapping or casing of the film displays:
(a) the determined markings relevant to the film's
classification; and
(b) if there is any current consumer advice for the
film – the consumer advice.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(2) A person must not sell an unclassified film in
a container, wrapping or casing that displays a marking indicating or suggesting
that the film has been classified.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(3) A person must not sell a classified film in a
container, wrapping or casing that displays a marking indicating or suggesting
that the film is unclassified or has a different
classification.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(4) Subsection (5) applies if:
(a) a film is reclassified under section 39 or 97A
of the Commonwealth Act; or
(b) a film is reclassified by a decision of the
Review Board under Part 5 of the Commonwealth Act; or
(c) the National Board revokes a classification or
consumer advice for a film under section 22B(3) of the Commonwealth
Act.
(5) A person does not commit an offence against
this section in relation to the film during the 30-day period after the decision
to reclassify or revoke takes effect, if the film displays the determined
markings and consumer advice applying to the film immediately before the
reclassification or revocation.
48 Possession of
unclassified or RC films and other films at certain
premises
(1) A person must not possess a film classified RC,
or an unclassified film, at premises where classified films are
sold.
Fault elements:
(a) intention to possess the film;
and
(b) knowledge that, or recklessness as to whether,
the film is classified RC or unclassified; and
(c) knowledge that, or recklessness as to whether,
classified films are sold at the premises.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) An occupier of premises commits an offence
if:
(a) classified films are sold at the premises;
and
(b) another person possesses a film classified RC or
an unclassified film at the premises.
Fault element: Knowledge that, or recklessness as to
whether, another person possesses a film classified RC or an unclassified film
at the premises.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
49 Display of X 18+
films for sale
(1) A person must not display a film classified X
18+ for sale in a place that is not a restricted publications
area.
Fault elements:
(a) intention to display the film for sale;
and
(b) knowledge that the place is not a restricted
publications area or recklessness as to that fact; and
(c) knowledge that, or
recklessness as to whether, the film is classified X 18+.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) A person must not sell a film classified X 18+
to another person who has not made a direct request for the
film.
Fault elements:
(a) intention to sell the film; and
(b) knowledge that the person has not made a direct
request for the film or recklessness as to that fact; and
(c) knowledge that, or recklessness as to whether,
the film is classified X 18+.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(3) A person must not sell a film classified X 18+
that is not contained in a package made of opaque material.
Fault elements:
(a) intention to sell the film; and
(b) knowledge that, or recklessness as to whether,
the film is classified X 18+.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
50 Sale or delivery
of certain films to child
(1) A person must not sell or deliver a film to a
child if:
(a) the film is classified RC, X 18+ or R 18+;
or
(b) unclassified but would, if classified, be
classified RC, X 18+ or R 18+.
Fault elements:
(a) intention to sell or deliver the film;
and
(b) knowledge that, or recklessness as to whether,
the film is classified RC, X 18+ or R 18+ or unclassified.
Maximum penalty: For a film classified RC, or an
unclassified film that would, if classified, be classified, RC:
200 penalty units or imprisonment for
2 years.
For another film:
100 penalty units or imprisonment for
12 months.
(2) Absolute liability applies to:
(a) the circumstance that the person to whom the
film is sold or delivered is a child; and
(b) if the film is unclassified – the
circumstance that the film would, if classified, be classified RC, X 18+ or R
18+.
(3) Subsection (1) does not apply
if:
(a) the film is classified R 18+;
and
(b) the child is at least 15 years of age;
and
(c) the person who sells or delivers the film to the
child is a parent or guardian of the child.
(4) It is a defence to a prosecution for an offence
against subsection (1) if:
(a) the defendant proves that:
(i) the child produced to the defendant acceptable
proof of age before the defendant sold or delivered the film to the child;
and
(ii) the defendant believed, on reasonable grounds,
that the child was an adult; or
(b) for the delivery of a film classified R 18+
– the defendant proves that the child was employed by the defendant and
the delivery took place in the course of employment.
(5) A child commits an offence if:
(a) the child is at least 15 years of age;
and
(b) the child buys a film classified RC, X 18+ or R
18+.
Fault element: Knowledge that the film is classified
RC, X 18+ or R 18+.
Maximum penalty: 50 penalty units.
(6) A person must not sell or deliver a film to a
child under 15 years of age if the film is:
(a) classified MA 15+; or
(b) unclassified but would, if classified, be
classified MA 15+.
Fault elements:
(a) intention to sell or deliver the film;
and
(b) knowledge that, or recklessness as to whether,
the film is classified MA 15+ or unclassified.
Maximum penalty: 50 penalty units.
(7) Absolute liability applies to:
(a) the circumstance that the person to whom the
film is sold or delivered is under 15 years of age; and
(b) if the film is unclassified – the
circumstance that the film would, if classified, be classified
MA 15+.
(8) Subsection (6) does not apply if the person who
sells or delivers the film to the child is a parent or guardian of the
child.
(9) It is a defence to a prosecution for an offence
against subsection (6) if the defendant proves that the defendant believed, on
reasonable grounds, that:
(a) the child was at least 15 years of age;
or
(b) a parent or guardian of the child had consented
to the sale or delivery.
Division
3 Miscellaneous matters
51 Power to demand
particulars and expel persons
(1) A police officer or person exhibiting, selling
or delivering films who suspects on reasonable grounds that the exhibition, sale
or delivery of a film to another person is, or would be, in contravention of
this Part, may direct the other person to state their name, age and address.
(2) The other person must comply with the
direction.
Fault element: Strict liability
offence.
Maximum penalty: 10 penalty units.
(3) A police officer or person exhibiting, or about
to exhibit, a film in a public place (including an employee or agent of that
person) who suspects on reasonable grounds that another person's presence during
the exhibition is, or would be, in contravention of this Part
may:
(a) direct the other person to leave the place;
and
(b) if the other person fails to comply with the
direction – use reasonable force to remove the person from the
place.
(4) The other person must comply with the
direction.
Fault element: Strict liability
offence.
Maximum penalty: 10 penalty units.
52 Leaving films in
certain places
(1) A person must not leave a film in a public
place or, without the occupier's permission, in a private place, if the film
is:
(a) classified RC, X 18+, R 18+ or MA 15+;
or
(b) unclassified but would, if classified, be
classified RC, X 18+, R 18+ or MA 15+.
Fault elements:
(a) intention to leave the film in the place;
and
(b) if the film is left in a private place –
knowledge that the occupier has not given permission to leave the film in the
place or recklessness as to that fact; and
(c) knowledge that, or recklessness as to whether,
the film is classified RC, X 18+, R 18+ or MA 15+ or
unclassified.
Maximum penalty: For a film
classified RC, X 18+ or R 18+, or an unclassified film that would, if
classified, be classified RC, X 18+ or R 18+:
200 penalty units or imprisonment for
2 years.
For a film classified MA 15+, or an unclassified
film that would, if classified, be classified MA 15+:
50 penalty units.
(2) If the film is unclassified, absolute liability
applies to the circumstance that the film would, if classified, be classified
RC, X 18+, R 18+ or MA 15+.
53 Possession of
films with intention to publish
(1) A person must not possess a film with the
intention of publishing the film if the film is:
(a) classified RC or X 18+; or
(b) unclassified but would, if classified, be
classified RC or X 18+.
Fault elements:
(a) intention to publish the film;
and
(b) knowledge that, or recklessness as to whether,
the film is classified RC or X 18+ or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) If the film is unclassified, absolute liability
applies to the circumstance that the film would, if classified, be classified RC
or X 18 +.
(3) Subsection (1) does not apply to a person who
possesses a film for classification or law enforcement
purposes.
(4) If a person possesses 10 or more copies of a
film, it is presumed, unless the contrary is proved, that the person intended to
publish the film.
(5) In this section:
publish includes publish outside the
Territory.
54 Sale or delivery
of submittable or RC publications
(1) A person must not sell or
deliver:
(a) a submittable publication; or
(b) a publication classified RC.
Fault elements:
(a) intention to sell or deliver the publication;
and
(b) knowledge that the publication is a submittable
publication or classified RC.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) Subsection (1) does not
apply to a person who delivers a publication for classification or law
enforcement purposes.
(3) It is a defence to a prosecution for an offence
against subsection (1) in relation to a submittable publication if the defendant
proves that, since the offence was alleged to have been committed, the
publication has been classified Unrestricted.
55 Sale or delivery
of Category 1 restricted publications
(1) A person must not sell or deliver a publication
classified Category 1 restricted unless:
(a) the publication is contained in a sealed package
made of plain opaque material; and
(b) both the publication and the package bear the
determined markings relevant to the publication's
classification.
Fault elements:
(a) intention to sell or deliver the publication;
and
(b) knowledge that, or recklessness as to whether,
the publication is classified Category 1 restricted.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) Subject to any condition imposed by the
National Board under section 13A of the Commonwealth Act, the requirement that
the package must be sealed does not apply if the sale or delivery takes place in
a restricted publications area.
(3) For subsection (1)(a), a package is plain even
though it displays the title of the publication.
(4) Subsection (5) applies if:
(a) a publication is reclassified under section 39
or 97A of the Commonwealth Act; or
(b) a publication is reclassified by a decision of
the Review Board under Part 5 of the Commonwealth Act; or
(c) the National Board revokes a classification for
a publication under section 22B(3) of the Commonwealth Act.
(5) A person does not commit an offence against
subsection (1) in relation to the publication during the 30-day period after the
decision to reclassify or revoke takes effect, if the publication displays the
determined markings applying to the publication immediately before the
reclassification or revocation.
56 Sale or delivery
of Category 2 restricted publications
(1) A person must not sell or deliver a publication
classified Category 2 restricted in a place that is not a restricted
publications area.
Fault elements:
(a) intention to sell or deliver the publication;
and
(b) knowledge that the place is not a restricted
publications area or recklessness as to that fact; and
(c) knowledge that, or recklessness as to whether,
the publication is classified Category 2 restricted.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) A person must not deliver a publication
classified Category 2 restricted to another person who has not made a direct
request for the publication.
Fault elements:
(a) intention to deliver the publication to a
person; and
(b) knowledge that the person has not made a direct
request for the publication or recklessness as to that fact;
and
(c) knowledge that, or recklessness as to whether,
the publication is classified Category 2 restricted.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(3) A person must not deliver a publication
classified Category 2 restricted unless:
(a) the publication is contained in a sealed package
made of plain opaque material; and
(b) both the publication and the package bear the
determined markings relevant to the publication's
classification.
Fault elements:
(a) intention to sell or deliver the publication;
and
(b) knowledge that, or recklessness as to whether,
the publication is classified Category 2 restricted.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(4) For subsection (3)(a), a package is plain even
though it displays the title of the publication.
(5) Subsection (6) applies if:
(a) a publication is reclassified under section 39
or 97A of the Commonwealth Act; or
(b) a publication is reclassified by a decision of
the Review Board under Part 5 of the Commonwealth Act; or
(c) the National Board revokes a classification or
consumer advice for a publication under section 22B(3) of the Commonwealth
Act.
(6) A person does not commit an offence against
subsection (3) in relation to the publication during the 30-day period after the
decision to reclassify or revoke takes effect, if the publication displays the
determined markings applying to the publication immediately before the
reclassification or revocation.
57 Sale or delivery
of publications contrary to conditions
(1) This section applies to a publication that
is:
(a) classified Unrestricted or Category 1
restricted; and
(b) subject to a condition imposed under section 13A
of the Commonwealth Act.
(2) A person must not sell the publication except
in accordance with the condition.
Fault element: Intention to sell the
publication.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
58 Consumer advice
for unrestricted publications
A person must not sell a publication classified
Unrestricted for which there is consumer advice unless the consumer advice is
displayed on the publication or packaging of the publication.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
59 Misleading or
deceptive markings
(1) A person must not sell an unclassified
publication in a container, wrapping or casing that displays a marking
indicating or suggesting that the publication has been
classified.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(2) A person must not sell a classified publication
in a container, wrapping or casing that displays a marking indicating or
suggesting that the publication is unclassified or has a different
classification.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(3) Subsection (4) applies if:
(a) a publication is reclassified under section 39
or 97A of the Commonwealth Act; or
(b) a publication is reclassified by a decision of
the Review Board under Part 5 of the Commonwealth Act; or
(c) the National Board revokes a classification for
a publication under section 22B(3) of the Commonwealth Act.
(4) A person does not commit an offence against
this section in relation to the publication during the 30-day period after the
decision to reclassify or revoke takes effect, if the publication displays the
determined markings applying to the publication immediately before the
reclassification or revocation.
60 Sale of certain
publications to a child
(1) A person must not sell or deliver a publication
classified Category 1 restricted or Category 2 restricted to a
child.
Fault elements:
(a) intention to sell or deliver the publication;
and
(b) knowledge that, or recklessness as to whether,
the publication is classified Category 1 restricted or Category 2 restricted.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) Absolute liability applies to the circumstance
that the person to whom the publication is sold or delivered is a
child.
(3) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that:
(a) the child produced to the defendant acceptable
proof of age before the defendant sold or delivered the publication to the
child; and
(b) the defendant believed, on reasonable grounds,
that the child was an adult.
61 Leaving or display
publications in certain places
(1) A person commits an offence
if:
(a) the person:
(i) leaves a publication in a public place;
or
(ii) leaves a publication in a private place without
the occupier's permission; or
(iii) displays a publication so that it can be seen
from a public place; and
(b) the publication is:
(i) a submittable publication; or
(ii) classified Category 1 restricted, Category 2
restricted or RC.
Fault elements:
(a) intention to leave or display the publication;
and
(b) for paragraph (a)(ii) – knowledge that the
occupier has not given permission to leave the publication in the place or
recklessness as to that fact; and
(c) for paragraph (a)(iii) – knowledge that,
or recklessness as to whether, the publication can be seen from a public place;
and
(d) knowledge that the publication
is:
(i) a submittable publication; or
(ii) classified Category 1 restricted, Category 2
restricted or RC.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) Subsection (1) does not apply if the
publication:
(a) is classified Category 1 restricted and both of
the following apply:
(i) the public place is a shop or
stall;
(ii) section 55 is complied with in relation to the
publication; or
(b) is classified Category 2 restricted and the
public place is a restricted publications area.
(3) It is a defence to a prosecution for an offence
against subsection (1) in relation to a submittable publication if the defendant
proves that, since the offence was alleged to have been committed, the
publication has been classified Unrestricted.
62 Possession or
copying of publications with intention to sell
(1) A person must not possess or copy a publication
with the intention of selling the publication if the publication
is:
(a) a submittable publication; or
(b) classified RC.
Fault elements:
(a) intention to sell the publication;
and
(b) knowledge that, or recklessness as to whether,
the publication is a submittable publication or classified RC.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) It is a defence to a prosecution for an offence
against subsection (1) in relation to a submittable publication if the defendant
proves that, since the offence was alleged to have been committed, the
publication has been classified Unrestricted, Category 1 restricted, or Category
2 restricted.
(3) If a person makes 10 or more copies of a
publication it is presumed, unless the contrary is proved, that the person
intended to sell the publication.
63 Sale or
demonstration of unclassified computer games
(1) A person must not:
(a) sell an unclassified computer game; or
(b) demonstrate an unclassified computer game in a
public place.
Fault elements:
(a) intention to sell or demonstrate the game;
and
(b) knowledge that, or recklessness as to whether,
the game is unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) A
person must not sell a classified computer game, or demonstrate a classified
computer game in a public place:
(a) with a title other than the title under which
the game is classified; or
(b) in a form other than the form in which the game
is classified.
Fault elements:
(a) intention to sell or demonstrate the game;
and
(b) knowledge that, or recklessness as to whether,
the game is sold or demonstrated in contravention of paragraph (a) or
(b).
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
64 Display of notice
about classifications
A person must not sell or demonstrate a computer
game in a public place unless the person displays a notice:
(a) in the approved form about classifications for
computer games; and
(b) in the place so the notice is clearly visible to
the public.
Fault element: Strict liability
offence.
Maximum penalty: 20 penalty units.
65 Sale or
demonstration of unclassified and RC computer games
(1) A person must not sell a computer game, or
demonstrate a computer game in a public place, if the game is:
(a) classified RC; or
(b) unclassified but would, if classified, be
classified RC.
Fault elements:
(a) intention to sell or demonstrate the game;
and
(b) knowledge that, or recklessness as to whether,
the game is classified RC or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) If the game is unclassified, absolute liability
applies to the circumstance that the game would, if classified, be classified
RC.
(3) A child who is at least 15 years of age must
not buy a computer game classified RC.
Fault element: Knowledge that the game is
classified RC.
Maximum penalty: 50 penalty units.
66 Demonstration of
MA 15+ computer games
A person must not demonstrate a computer game
classified MA 15+ in a public place unless:
(a) the determined markings relevant to the game's
classification are exhibited before the game can be played; and
(b) entry into the place is restricted to adults or
to children who are accompanied by a parent or guardian while in the public
place.
Fault element: Strict liability
offence.
Maximum penalty: 20 penalty units.
67 Demonstration of
unclassified, RC and MA 15+ computer games
(1) A person must not demonstrate a computer game
so that it can be seen from a public place if the game is:
(a) classified RC or MA 15+; or
(b) unclassified but would, if classified, be
classified RC or MA 15+.
Fault elements:
(a) intention to demonstrate the game;
and
(b) knowledge that, or recklessness as to whether,
the game can be seen from a public place; and
(c) knowledge that, or recklessness as to whether,
the game is classified RC or MA 15+ or unclassified.
Maximum penalty: For a game classified RC, or an
unclassified game that would, if classified, be classified RC:
100 penalty units or imprisonment for
12 months.
For a game classified MA 15+, or an unclassified
game that would, if classified, be classified MA 15+:
50 penalty units.
68 Private
demonstration of RC computer games in presence of child
(1) A person must not demonstrate a computer game
in a private place if:
(a) the game is:
(i) classified RC; or
(ii) unclassified but would, if classified, be
classified RC; and
(b) a child is present during any part of the
demonstration.
Fault elements:
(a) intention to demonstrate the game;
and
(b) knowledge that, or recklessness as to whether,
the game is classified RC or unclassified.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) Absolute liability applies to:
(a) if the game is unclassified – the
circumstance that the game would, if classified, be classified RC;
and
(b) the circumstance that the person present is a
child.
(3) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that the defendant believed, on
reasonable grounds, that the child was an adult.
69 Computer game must
display determined markings and consumer advice
(1) A person must not sell a computer game unless
the container, wrapping or casing of the game displays:
(a) the determined markings relevant to the game's
classification; and
(b) if there is any current consumer advice for the
game – the consumer advice.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(2) A person must not sell an unclassified computer
game in a container, wrapping or casing that displays a marking indicating or
suggesting that the game has been classified.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(3) A person must not sell a classified computer
game in a container, wrapping or casing that displays a marking indicating or
suggesting that the game is unclassified or has a different
classification.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(4) A person must not make a computer game
available for playing on a pay and play basis unless the device used for playing
the game displays:
(a) the determined markings relevant to the game's
classification; and
(b) if there is any current consumer advice for the
game – the consumer advice.
Fault element: Strict liability
offence.
Maximum penalty: 20 penalty units.
(5) If 2 or more computer games are available for
playing on a device mentioned in subsection (4), the determined markings and
consumer advice that must be displayed on the device are those relevant to the
computer game with the highest classification under the Commonwealth
Act.
(6) Subsection (7) applies if:
(a) a game is reclassified under section 39 of the
Commonwealth Act; or
(b) a game is reclassified by a decision of the
Review Board under Part 5 of the Commonwealth Act; or
(c) the National Board revokes a classification or
consumer advice for a game under section 22B(3) of the Commonwealth
Act.
(7) A person does not commit an offence against
this section in relation to the game during the 30-day period after the decision
to reclassify or revoke takes effect, if the game displays the determined
markings and consumer advice applying to the game immediately before the
reclassification or revocation.
70 Possession of
unclassified or RC computer games with other computer games at certain
premises
A person must not possess a computer game classified
RC, or an unclassified computer game, at premises where classified computer
games are sold or demonstrated.
Fault elements:
(a) intention to possess the game;
and
(b) knowledge that, or recklessness as to whether,
the game is classified RC or unclassified; and
(c) knowledge that, or recklessness as to whether,
classified games are sold or demonstrated at the premises.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
71 Sale or delivery
of certain computer games to child
(1) A person must not sell or deliver a computer
game to a child if the game is:
(a) classified RC; or
(b) unclassified but would, if classified, be
classified RC.
Fault elements:
(a) intention to sell or deliver the game;
and
(b) knowledge that, or recklessness as to whether,
the game is classified RC or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) Absolute liability applies to:
(a) the circumstance that the person to whom the
game is sold or delivered is a child; and
(b) if the game is unclassified – the
circumstance that the game would, if classified, be classified
RC.
(3) A person must not sell or deliver a computer
game classified MA 15+ to a child under 15 years of age.
Fault elements:
(a) intention to sell or deliver the game;
and
(b) knowledge that, or recklessness as to whether,
the game is classified MA 15+.
Maximum penalty: 50 penalty units.
(4) Absolute liability applies to the circumstance
that the person to whom the game is sold or delivered is under 15 years of
age.
(5) Subsection (3) does not apply if the person who
sells or delivers the game to the child is a parent or guardian of the
child.
(6) It is
a defence to a prosecution for an offence against subsection (3) if the
defendant proves that the defendant believed, on reasonable grounds,
that:
(a) the child was at least 15 years of age;
or
(b) a parent or guardian of the child had consented
to the sale or delivery.
72 Power to demand
particulars and expel persons
(1) A police officer or person demonstrating,
selling or delivering computer games who suspects on reasonable grounds that the
demonstration, sale or delivery of a game to another person is, or would be, in
contravention of this Part, may direct the other person to state their name, age
and address.
(2) The other person must comply with the
direction.
Fault element: Strict liability
offence.
Maximum penalty: 10 penalty units.
(3) A police officer or person demonstrating, or
about to demonstrate, a computer game in a public place (including an employee
or agent of that person) who suspects on reasonable grounds that another
person's presence during the demonstration is, or would be, in contravention of
this Part may:
(a) direct the other person to leave the place;
and
(b) if the other person fails to comply with the
direction – use reasonable force to remove the person from the
place.
(4) The other person must comply with the
direction.
Fault element: Strict liability
offence.
Maximum penalty: 10 penalty units.
73 Leaving computer
games in certain places
(1) A person must not leave a computer game in a
public place or, without the occupier's permission, in a private place, if the
game is:
(a) classified RC or MA 15+; or
(b) unclassified but would, if classified, be
classified RC or MA 15+.
Fault elements:
(a) intention to leave the game;
and
(b) if the game is left in a private place –
knowledge that the occupier has not given permission to leave the game in the
place or recklessness as to that fact; and
(c) knowledge that, or recklessness as to whether,
the game is classified RC or MA 15+ or unclassified.
Maximum penalty: For a game classified RC, or an
unclassified game that would, if classified, be classified RC:
200 penalty units or imprisonment for
2 years.
For a game classified MA 15+, or an unclassified
game that would, if classified, be classified MA 15+:
50 penalty units.
(2) If the game is unclassified, absolute liability
applies to the circumstance that the game would, if classified, be classified RC
or MA 15+.
74 Possession of
computer games with intention to publish
(1) A person must not possess a computer game with
the intention of publishing the game if the game is:
(a) classified RC; or
(b) unclassified but would, if classified, be
classified RC.
Fault elements:
(a) intention to publish the game;
and
(b) knowledge that, or recklessness as to whether,
the game is classified RC or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) If the game is unclassified, absolute liability
applies to the circumstance that the game would, if classified, be classified
RC.
(3) Subsection (1) does not apply to a person who
possesses a game for classification or law enforcement
purposes.
(4) If a person makes 10 or more copies of a game,
it is presumed, unless the contrary is proved, that the person intended to
publish the game.
(5) In this section:
publish includes publish outside the
Territory.
Amendment of section 50X
(Definition)
(1) Section 50X
renumber as section 75
(2) Section 75 (as renumbered),
heading
omit, substitute
Definitions
(3) Section 75 (as renumbered), definition
code of practice
omit
section 50Y
substitute
section 76
Amendment of section 50Y (Codes of
practice)
Section 50Y
renumber as section 76
Repeal and substitution of sections 50Z and
50ZA
Sections 50Z and 50ZA
repeal, substitute
77 Objectionable
material
(1) A person must not use a computer service
to:
(a) transmit objectionable material;
or
(b) obtain possession of objectionable material; or
(c) demonstrate objectionable material;
or
(d) advertise that objectionable material is
available for transmission; or
(e) request the transmission of objectionable
material.
Fault elements:
(a) intention to transmit, obtain possession of,
demonstrate, advertise or request the transmission of, the material;
and
(b) knowledge that the material is objectionable
material.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that the transmission, obtaining
possession of, demonstrating, advertising or requesting the transmission of, the
material is justified in the public interest because the material is part
of:
(a) an article of recognised literary, artistic or
scientific merit; or
(b) a bona fide medical article.
(1) A person must not use a computer service to
transmit or make restricted material available to a child.
Fault elements:
(a) intention to transmit or make the material
available; and
(b) knowledge that, or recklessness as to whether,
the material is restricted material; and
(c) knowledge that, or recklessness as to whether,
the recipient or intended recipient of the material is a child.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that the
defendant:
(a) complied with a code of practice;
or
(b) took all reasonable steps to avoid a
contravention of the subsection; or
(c) believed, on reasonable grounds,
that:
(i) the person to whom the defendant transmitted the
restricted material was not a child; or
(ii) the restricted material would not be made
available to a child.
Repeal and substitution of Part
VIII
Part VIII
repeal, substitute
Part
8 Control of advertising
79 Hierarchy of
classification
For this Part, the hierarchy of classification is as
follows:
(a) G is a lower classification than PG, M, MA 15+
or R 18+;
(b) PG is a lower classification than M, MA 15+ or R
18+;
(c) M is a lower classification than MA 15+ or R
18+;
(d) MA 15+ is a lower classification than R
18+.
80 Certain
advertisements not to be published
(1) A person must not publish an advertisement for
a film, publication or computer game if:
(a) the advertisement:
(i) has not been submitted for approval;
or
(ii) has been refused approval; or
(iii) has been approved and the approval is revoked
under
section 13(5) or 21A of the Commonwealth
Act; and
(b) for an advertisement, that has not been
submitted for approval – the advertisement, if submitted, would be
refused approval.
Fault elements:
(a) intention to publish the advertisement;
and
(b) knowledge that, or recklessness as to whether,
the advertisement:
(i) has not been submitted for approval;
or
(ii) has been refused approval; or
(iii) has been approved and the approval is revoked
under section 13(5) or 21A of the Commonwealth Act.
Maximum penalty: 50 penalty units.
(2) If the advertisement has not been submitted for
approval, absolute liability applies to the circumstance that, if submitted, the
advertisement would be refused approval.
(3) A person must not publish an approved
advertisement for a film, publication or computer game:
(a) in a form other than the form in which it is
approved; or
(b) otherwise than in accordance with a condition of
the approval.
Fault elements:
(a) intention to publish the advertisement;
and
(b) knowledge that, or recklessness as to whether,
the advertisement is published in contravention of paragraph (a)
or (b).
Maximum penalty: 50 penalty units.
81 Certain films,
publications and computer games not to be advertised
(1) A person must not publish an advertisement
for:
(a) an unclassified film, if the advertisement is
published otherwise than in accordance with the relevant provisions of the
Advertising Scheme; or
(b) a film classified RC; or
(c) a submittable publication; or
(d) a publication classified RC; or
(e) an unclassified computer game, if the
advertisement is published otherwise than in accordance with the relevant
provisions of the Advertising Scheme; or
(f) a computer game classified RC.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(2) For this section, if a person publishes an
advertisement for an unclassified film or computer game at the request of
another person, the other person alone is taken to have published
it.
82 Advertisements
with films
(1) A person must not exhibit an advertisement for
a classified film in a public place during a program for the exhibition of
another classified film (the feature film) if the advertised film
has a higher classification than the feature film.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(2) A person must not exhibit an advertisement for
an unclassified film in a public place during a program for the exhibition of a
classified film if the advertisement does not comply with the relevant
provisions of the Advertising Scheme.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(3) A person must not sell a classified film (the
feature film) that is accompanied by an advertisement for another
classified film if the advertised film has a higher classification than the
feature film.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(4) A person must not sell a classified film that
is accompanied by an advertisement for an unclassified film if the advertisement
does not comply with the relevant provisions of the Advertising
Scheme.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
83 Advertisements
with computer games
(1) A person must not sell a classified computer
game (the main game) that is accompanied by an advertisement for
another classified computer game if the advertised game has a higher
classification than the main game.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(2) A person must not sell a classified computer
game that is accompanied by an advertisement for an unclassified computer game
if the advertisement does not comply with the relevant provisions of the
Advertising Scheme.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
84 Liability
of occupier for certain advertisements
An occupier of a public place that is not a
restricted publications area must not screen in the place an advertisement
for:
(a) a film classified MA 15+ or R 18+ during a
program for the exhibition of a film with a lower classification;
or
(b) a film classified X 18+.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
85 Advertisements to
contain determined markings and consumer advice
(1) A person must not publish an advertisement for
a classified film, publication or computer game unless the determined markings
relevant to the classification of the film, publication or game and relevant
consumer advice are:
(a) contained in the advertisement;
and
(b) displayed in the manner determined by the
National Director under the Commonwealth Act; and
(c) clearly visible, having regard to the size and
nature of the advertisement.
Fault element: Strict liability
offence.
Maximum penalty: 20 penalty units.
(2) Subsection (3) applies if:
(a) a film, publication or computer game is
reclassified under section 39 or 97A of the Commonwealth Act;
or
(b) a film, publication or computer game is
reclassified by a decision of the Review Board under Part 5 of the Commonwealth
Act; or
(c) the National Board revokes a classification or
consumer advice for a film, publication or computer game under section 22B(3) of
the Commonwealth Act.
(3) A person does not commit an offence against
subsection (1) in relation to the film, publication or computer game during the
30-day period after the decision to reclassify or revoke takes effect, if the
film, publication or computer game displays the determined markings and consumer
advice applying to the film, publication or computer game immediately before the
reclassification or revocation.
86 Misleading or
deceptive advertisements
(1) A person must not publish an advertisement for
an unclassified film, publication or computer game if the advertisement displays
a marking indicating or suggesting that the film, publication or computer game
has been classified.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(2) A person must not publish an advertisement for
a classified film, publication or computer game if the advertisement displays a
marking indicating or suggesting that the film, publication or computer game is
unclassified or has a different classification.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
87 Advertisements for
category 2 restricted publications
(1) A person must not publish an advertisement for
a publication classified Category 2 restricted if the advertisement is
published:
(a) in a publication that is not classified Category
2 restricted; or
(b) in a place that is not a restricted publications
area.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(2) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that the advertisement was
published by way of printed or written material delivered to a person at the
written request of the person.
(3) An occupier of a place that is not a restricted
publications area commits an offence if an advertisement for a publication
classified Category 2 restricted is published in the place.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
88 Advertisements and
X 18+ films
(1) A person (the first person)
commits an offence if:
(a) an advertisement for a film classified R 18+ is
published in a publication; and
(b) another person responds to the advertisement;
and
(c) the first person sells a film classified X 18+
to the other person.
Fault elements:
(a) intention to sell the film; and
(b) knowledge that, or recklessness as to whether,
the film sold is classified X 18+.
Maximum penalty: 50 penalty units.
(2) A person must not publish an advertisement for
a film classified X 18+ if the advertisement explicitly depicts or
describes sexual acts or fetishes.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(3) For subsection (2), if a person publishes an
advertisement at the request of another person, the other person alone is taken
to have published it.
(4) Subsection (2) does not apply
if:
(a) the advertisement is contained in a sealed
package made of plain opaque material prominently displaying the words "WARNING:
SEXUALLY EXPLICIT ADVERTISING", or words to that effect, on the outside of the
package; and
(b) the package is contained in another sealed
package made of plain opaque material.
89 Classification
symbols and determined markings to be published with
advertisements
A person commits an offence if:
(a) the person publishes a publication containing an
advertisement for:
(i) a film; or
(ii) a publication classified Category 1 restricted
or Category 2 restricted; or
(iii) a computer game; and
(b) the publication does not also contain a list of
the classification symbols and determined markings for films, publications or
computer games respectively.
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
Amendment of section 50ZM (Calling in
submittable publications for classification)
(1) Section 50ZM
renumber as section 90
(2) Section 90(3) (as renumbered),
penalty
omit, substitute
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
Amendment of section 50ZMA (Calling in films
for classification)
(1) Section 50ZMA
renumber as section 91
(2) Section 91(3) (as renumbered),
penalty
omit, substitute
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
Amendment of section 50ZN (Calling in computer
games for classification)
(1) Section 50ZN
renumber as section 92
(2) Section 92(3) (as renumbered),
penalty
omit, substitute
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
Amendment of section 50ZP (Calling in
advertisements)
(1) Section 50ZP
renumber as section 93
(2) Section 93(1)(b) (as
renumbered)
omit
classified
(3) Section 93(2) (as renumbered),
penalty
omit, substitute
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
Amendment of section 50ZPA (Calling in
publications, films and computer games for
reclassification)
(1) Section 50ZPA
renumber as section 94
(2) Section 94(2) (as renumbered),
penalty
omit, substitute
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
Amendment of section 50ZPB (Obtaining copies
for review)
(1) Section 50ZPB
renumber as section 95
(2) Section 95(1) (as renumbered)
omit
National Director
substitute
Convenor
(3) Section 95(2) (as renumbered),
penalty
omit, substitute
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
Repeal and substitution of Parts X to
XIII
Parts X to XIII
repeal, substitute
96 Direction to
exempt film, publication, computer game or advertisement
(1) The Minister or National Director may, on
application, direct that this Act does not apply to a film, publication,
computer game or advertisement.
(2) The direction must:
(a) be in writing; and
(b) include reasons for it.
97 Regulations may
exempt
The Regulations may exempt any of the following from
the application of this Act:
(a) a person or organisation;
(b) a film, publication, computer game or
advertisement.
98 Direction to
exempt approved organisation
(1) The Minister or National Director may, on
application by an organisation approved under this Part, direct that this Act
does not apply to the organisation in relation to:
(a) the exhibition of a film at an event;
or
(b) the activities or functions of the organisation
that relate to films or computer games.
(2) The direction must:
(a) be in writing; and
(b) include reasons for it; and
(c) if made under subsection (1)(a) – specify
the film and event.
(3) An application for a direction
must:
(a) be in writing; and
(b) be accompanied by the prescribed fee;
and
(c) if made under subsection
(1)(a):
(i) specify the film the organisation intends to
exhibit and the event at which the film will be exhibited; and
(ii) be accompanied by a synopsis of the story or
events depicted in the film; and
(d) if made under subsection (1)(b) – specify
the extent of the exemption sought.
99 Ministerial
directions or guidelines
In considering whether to make a direction under
this Part, the Minister or National Director must give effect to any directions
or guidelines issued by the Minister in relation to the application of this
Act.
100 Approval of
organisation
(1) The Minister or National Director may, on
application by an organisation, approve the organisation for this
Part.
(2) In considering whether to approve an
organisation, the Minister or National Director must have regard
to:
(a) the purpose for which the organisation is
formed; and
(b) the extent to which the organisation carries on
activities of a medical, scientific, educational, cultural or artistic nature;
and
(c) the reputation of the organisation in relation
to:
(i) the screening of films; or
(ii) the possession or demonstration of computer
games; and
(d) the conditions of admission of persons
to:
(i) the screening of films by the organisation;
or
(ii) the demonstration of computer games by the
organisation.
(3) The approval may be made by:
(i) the Minister, by Gazette notice;
or
(ii) the National Director, by notice in the
Commonwealth Gazette.
(4) The approval may be revoked by the person who
gave it if, because of a change in any matter mentioned in subsection (2), the
person considers that it is no longer appropriate that the organisation be
approved.
(5) The revocation takes effect on the date of the
notice or on a later date specified in it.
(6) The Minister or National Director
must:
(a) give written notice to the organisation of a
decision to:
(i) approve it; or
(ii) refuse to approve it; or
(iii) revoke its approval; and
(b) give the organisation written reasons for the
decision.
In this Part:
sexual article means anything that is
primarily concerned with, or is used or intended to be used in connection with,
sexual behaviour, but does not include a publication.
102 Display of sexual
articles
(1) A person who conducts or is employed in a
business involved in the sale or distribution of sexual articles must
not:
(a) display a sexual article in a public place;
or
(b) permit a sexual article to be displayed in a
public place; or
(c) display a sexual article so that it can be seen
from a public place.
Fault elements:
(a) intention to display the article or permit the
article to be displayed; and
(b) for paragraph (c) – knowledge that, or
recklessness as to whether, the article can be seen from a public
place.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) It is a defence to a prosecution for an offence
against subsection (1) that the display of the sexual article was only to a
person who requested that the article be displayed to the person or consented to
the display.
(3) Subsection (1) does not apply to the display of
a sexual article for the sole purpose of carrying on a prescribed
business.
103 Advertising
sexual articles
(1) A person who conducts or is employed in a
business involved in the sale or distribution of sexual articles must not
advertise in any way the aspect of the business relating to sexual
articles.
Fault element: Intention to advertise the aspect of
the business relating to sexual articles.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) It is a defence to a prosecution for an offence
against subsection (1) that the aspect of the business relating to sexual
articles was advertised only to a person who conducts or is employed in another
business involving the sale or distribution of sexual articles.
(3) Subsection (1) does not apply to advertising
for the sole purpose of carrying on a prescribed business.
Part
12 Restricted publications area
104 Restricted
publications area – construction and management
(1) A restricted publications area is
an area constructed and managed in accordance with this
section.
(2) The area must be constructed so that no part of
the interior of the area is visible to a person outside of the
area.
(3) Each entrance to the area must
be:
(a) fitted with a gate or door capable of excluding
persons from the area; and
(b) closed by way of the gate or door when the area
is not open to the public.
(4) A notice in the form in the Schedule, in
legible letters not less than 15 mm in height and of a colour that contrasts
with the background colour of the notice, must be displayed in a prominent place
on or near each entrance to the area, so that it is clearly visible from outside
the area.
(5) The area must be managed by an adult (the
manager) who is in attendance in or near the area at all times
when the area is open to the public.
105 Restricted
publications area – offences
(1) A person must not employ a child in a
restricted publications area.
Fault element: Recklessness in relation to the
circumstance that the person employed is a child.
Maximum penalty: 100 penalty units or imprisonment
for 12 months.
(2) The manager of a restricted publications area
must not allow a child to enter the area.
Fault element: Absolute liability
offence.
Maximum penalty: 50 penalty units.
(3) It is a defence to a prosecution for an offence
against subsection (2) if the defendant proves that:
(a) the child produced to the defendant acceptable
proof of age before the child was admitted to the area; and
(b) the defendant believed, on reasonable grounds,
that the child was an adult.
(4) The manager of a restricted publications area
must not exhibit or allow the exhibition of a film classified R 18+ or X 18+ in
the area except by way of a slot-machine operated by a coin or
token.
Fault elements:
(a) intention to exhibit the film or knowledge that
the film is exhibited (or recklessness as to that fact); and
(b) knowledge that, or recklessness as to whether,
the film is classified R 18+ or X 18+.
Maximum penalty: 50 penalty units.
Part 13 Production or copying of films
and computer games
In this Part:
produce means provide creative,
technical or theatrical services, including scripting, directing, filming and
performing, whether or not for a fee, reward or other
consideration.
publish includes publish outside the
Territory.
107 Production of
films or computer games
(1) A person must not produce a film if the film
is:
(a) classified RC or X 18+; or
(b) unclassified but would, if classified, be
classified RC or X 18+.
Fault elements:
(a) intention to produce the film;
and
(b) knowledge that, or recklessness as to whether,
the film is classified RC or X 18+ or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) If the film is unclassified, absolute liability
applies to the circumstance that the film would, if classified, be classified RC
or X 18+.
(3) It is a defence to a prosecution for an offence
against subsection (1) if the defendant proves that the defendant believed, on
reasonable grounds, that the film:
(a) was classified other than as RC or X 18+;
or
(b) was intended to be presented for classification
and expected to be classified other than as RC or X 18+; or
(c) was not intended to be published or made
available for publication.
(4) A person must not produce a computer game if
the game is:
(a) classified RC; or
(b) unclassified but would, if classified, be
classified RC.
Fault elements:
(a) intention to produce the game;
and
(b) knowledge that, or recklessness as to whether,
the game is classified RC or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(5) If the game is unclassified, absolute liability
applies to the circumstance that the game would, if classified, be classified
RC.
(6) It is a defence to a prosecution for an offence
against subsection (4) if the defendant proves that the defendant believed, on
reasonable grounds, that the game:
(a) was classified other than as RC;
or
(b) was intended to be presented for classification
and expected to be classified other than as RC; or
(c) was not intended to be published or made
available for publication.
108 Copying of films
or computer games
(1) A person must not copy, or cause to be copied,
a film with the intention of publishing the film if the film
is:
(a) classified RC or X 18+; or
(b) unclassified.
Fault elements:
(a) intention to publish the film;
and
(b) knowledge that, or recklessness as to whether,
the film is classified RC or X 18+ or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) A person must not copy, or cause to be copied,
a computer game with the intention of publishing the game if the game
is:
(a) classified RC; or
(b) unclassified.
Fault elements:
(a) intention to publish the game;
and
(b) knowledge that, or recklessness as to whether,
the game is classified RC or unclassified.
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
Amendment of sections 57 and
58
Sections 57 and 58
renumber as sections 109 and
110
Amendment of section 59 (Consent to
search)
(1) Section 59
renumber as section 111
(2) Section 111(1) to (3) (as
renumbered)
omit
section 58
substitute
section 110
(3) Section 111(3) (as renumbered)
omit (all references)
Court
substitute
court
Amendment of sections 60 and
62
Sections 60 and 62
renumber as sections 112 and
113
Repeal and substitution of section 63
Section 63
repeal, substitute
114 Liability of
executive officers of bodies corporate
(1) If a body corporate
commits an offence against this Act (the
principal offence):
(a) each executive officer of the body corporate
commits an offence (the secondary offence); and
(b) the officer is liable to the penalty applicable
to an individual who commits the principal offence.
(2) However, it is a defence for an executive
officer to establish:
(a) the officer did not know, and could not
reasonably have been expected to know, the principal offence was to be or was
being committed; or
(b) the officer exercised due diligence to prevent
the commission of the principal offence.
(3) The executive officer may be found guilty of
the secondary offence even though the body corporate has not been charged with,
or found guilty of, the principal offence.
(4) This section does not affect the liability of
the body corporate for the principal offence.
(5) In this section:
executive officer, of a body
corporate, means a director or other person who is concerned with, or takes part
in, the management of the body corporate.
Amendment of section 64
(Evidence)
(1) Section 64
renumber as section 115
(2) Section 115 (as renumbered)
omit
National Director or the
Deputy Director
substitute
National Director, Deputy Director or
Convenor
After section 115 (as renumbered)
insert
116 Statement of
prosecution
In a proceeding for an offence against this Act, a
statement of the prosecution contained in an information or complaint about any
of the matters listed in section 115 is evidence of the matter
stated.
Amendment of sections 64A to
71
Sections 64A to 71
renumber as sections 117 to
125
After section 125 (as renumbered)
insert
Part
18 Transitional matters for Classification of Publications, Films and Computer
Games Amendment Act 2008
In this Part:
amending Act means the
Classification of Publications, Films and Computer Games Amendment Act
2008.
commencement date means the date on
which this Part commences.
new Part 10 means Part 10 of this Act,
as in force on the commencement date.
old Part 10 means Part 10 of this Act,
as in force immediately before the commencement date.
127 Applications,
directions and approvals made
(1) A direction or approval given under old Part 10
and in force immediately before the commencement date has effect as if it had
been given under new Part 10.
(2) An application for an approval made under old
Part 10 and pending immediately before the commencement date is taken to have
been made under new Part 10.
128 Transitional
regulations
The Regulations may make provision for transitional
matters arising out of the enactment of the amending Act and for which this Act
does not make sufficient provision.
The Schedule has effect.
Part 3 Amendment of Criminal
Code
Act amended
This Part amends the Criminal Code.
Amendment of section 125A
(Interpretation)
Section 125A(1), definition article,
paragraph (h)
omit
Part X
substitute
Part 10
Part 4 Amendment of Classification of
Publications, Films and Computer Games
Regulations
Regulations amended
This Part amends the Classification of
Publications, Films and Computer Games Regulations.
Amendment of regulation 7 (Display of sexual
articles)
Regulation 7
omit
section 52(3)(a)
substitute
section 102(3)
Amendment of regulation 8
(Exemptions)
(1) Regulation 8
omit
section 61(2)
substitute
section 118
(2) Regulation 8
omit
substitute
Batchelor Institute
section
|
Provision
|
Amendment
|
|
omit
|
substitute
|
|
Part I, heading
|
Part I
|
Part 1
|
|
Part II, heading
|
Part II
|
Part 2
|
|
Part III, heading
|
Part III
|
Part 3
|
|
Part VII, heading
|
Part VII
|
Part 7
|
|
Part IX, heading
|
Part IX
|
Part 9
|
|
Part XIV, heading
|
Part XIV
|
Part 14
|
|
Part XV, heading
|
Part XV
|
Part 15
|
|
Part XVI, heading
|
Part XVI
|
Part 16
|
|
Part XVII, heading
|
Part XVII
|
Part 17
|
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