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Queensland
CLASSIFICATION OF
COMPUTER GAMES AND
IMAGES (INTERIM) BILL
1995
Queensland
CLASSIFICATION OF COMPUTER
GAMES AND IMAGES (INTERIM) BILL
1995
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Definitions and dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--CLASSIFICATION OF COMPUTER GAMES
4 Classification under Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Classification of computer games by computer games
classification officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Reclassification of computer games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Production of computer game for classification or reclassification . . . . . . . 8
8 Appeal to appeal body against classification of, or refusal to
approve classification of computer game . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--DEMONSTRATION OF COMPUTER GAMES
9 Prohibition against demonstration of unclassified computer game . . . . . . . 9
10 Restriction on demonstration of MA(15+) computer game . . . . . . . . . . . . . 9
PART 4--ADVERTISING AND SUPPLY OF COMPUTER
GAMES
11 Use of advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Advertisement to bear determined markings . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 False advertising of computer games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Markings on containers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Display of information about classification . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Classification of Computer Games and Images
(Interim)
16 Classified computer games containing advertisements for other
computer games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Display for sale of MA(15+) computer game . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Sale of MA(15+) computer game to certain children prohibited . . . . . . . . 12
19 Sale of unclassified computer games prohibited . . . . . . . . . . . . . . . . . . . . . . 12
20 Sale of improperly marked unclassified computer games prohibited . . . . . 13
21 Sale of improperly marked classified computer games . . . . . . . . . . . . . . . . 13
PART 5--OBJECTIONABLE COMPUTER GAMES
22 Public demonstration of objectionable computer game . . . . . . . . . . . . . . . . 13
23 Demonstration of an objectionable computer game before a minor . . . . . . 14
24 Sale of objectionable computer game prohibited . . . . . . . . . . . . . . . . . . . . . 14
25 Keeping together of classified and objectionable computer games . . . . . . 14
26 Possession of objectionable computer game . . . . . . . . . . . . . . . . . . . . . . . . . 14
27 Making objectionable computer game . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
28 Obtaining minor for objectionable computer game . . . . . . . . . . . . . . . . . . . . 15
29 No liability in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 6--INVESTIGATION AND ENFORCEMENT
Division 1--Administration generally
30 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
31 Terms of appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
33 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Inspector's entry to places and vehicles
34 Entry to place by inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
36 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
37 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . . 20
38 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
39 Entry and search of vehicles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Power to enable vehicle to be entered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3--Power to seize evidence
41 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Classification of Computer Games and Images
(Interim)
42 Additional power of inspector to seize computer games . . . . . . . . . . . . . . . 24
43 Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
44 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
45 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
46 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--General powers
47 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
48 Steps police officer may take for failure to give name and address . . . . . . 27
49 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5--Other enforcement matters
50 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
51 Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
52 Steps a police officer may take for obstruction . . . . . . . . . . . . . . . . . . . . . . . 30
53 Impersonating inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
55 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 7--EXEMPTIONS
Division 1--Exemption for demonstration of computer games by
approved entities
56 Approval of entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Application by approved entity for exemption for demonstration
of computer game . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Exemption for demonstration of computer game . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Exemption for medical, educational or scientific
computer games
59 Exemption of entity and computer game for medical etc. purposes . . . . . . 34
Division 3--Appeal to appeal body about approval of entities and
exemptions
60 Appeal to appeal body against refusal to approve entity etc. . . . . . . . . . . . 34
PART 8--MISCELLANEOUS
61 Appeal procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
62 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
63 Indictable offences and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4
Classification of Computer Games and Images
(Interim)
64 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
65 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
66 Classified computer games not indecent or obscene . . . . . . . . . . . . . . . . . . 37
67 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
68 Delegation by computer games classification officer . . . . . . . . . . . . . . . . . . 38
69 Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
70 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 9--AMENDMENT OF ART UNIONS AND PUBLIC
AMUSEMENTS ACT 1992
71 Amendment of Art Unions and Public Amusements Act 1992 . . . . . . . . . . 38
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 39
ACT AMENDED
ART UNIONS AND PUBLIC AMUSEMENTS ACT 1992 . . . . . . . . . . . . . 39
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 40
DICTIONARY
ATTACHMENT NOT FORMING
PART OF ACT . . . . . . . . . . . . . . . . . . . . . . . 44
SECTIONS 25A AND 34 OF ORDINANCE AS APPLIED UNDER
THIS ACT
1995
A BILL
FOR
An Act to provide for the classification of computer games and
images, and for other purposes
s1 6 s4
Classification of Computer Games and Images
(Interim)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Classification of Computer Games and 4
Images (Interim) Act 1995. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
and dictionary 8
Definitions
3. The dictionary1 in schedule 2 defines particular words used in this Act. 9
ART 2--CLASSIFICATION OF COMPUTER 10
P
GAMES 11
under Ordinance 12
Classification
4.(1) If a computer game is not classified under this Act but is classified, 13
or is refused classification, under the Ordinance,2 the computer games 14
classification, or its refusal of classification, under the Ordinance has effect 15
for this Act. 16
1 In some Acts, definitions are contained in a dictionary appearing as a schedule
and forming part of the Act--Acts Interpretation Act 1954, section 14.
2 To aid readers of this Act, a copy of the provisions of the Classification of
Publications Ordinance 1983 (ACT) as applying under section 5 is attached to
this Act. The attachment is not part of this Act.
s5 7 s5
Classification of Computer Games and Images
(Interim)
(2) If-- 1
(a) a computer game is classified or is refused classification under 2
this Act; and 3
(b) the computer game is later classified under the Ordinance; 4
the classification under the Ordinance has no effect for this Act and the 5
game is taken not to be classified under the Ordinance. 6
of computer games by computer games classification 7
Classification
officer 8
5.(1) If a computer game is not classified, the computer games 9
classification officer may classify the game or refuse to approve the 10
classification of the game. 11
(2) The computer games classification officer may act on the officer's 12
own initiative or because of representations made about the game to the 13
officer. 14
(3) For this section, the following provisions of the Ordinance apply with 15
all necessary changes as if they were part of this Act-- 16
· section 25A (Approval of computer game by censorship board) 17
· section 34(1) to (4) (Criteria for classification) 18
· definitions relevant to the provisions unless the term is defined in 19
this Act or the Acts Interpretation Act 1954. 20
(4) Without limiting subsection (3)-- 21
(a) in applying section 25A of the Ordinance, a reference to the 22
censorship board is a reference to the computer games 23
classification officer; and 24
(b) in applying section 34 of the Ordinance-- 25
(i) a reference to a prescribed authority is a reference to the 26
computer games classification officer; and 27
(ii) a reference to publication is a reference to a computer game. 28
s6 8 s8
Classification of Computer Games and Images
(Interim)
of computer games 1
Reclassification
6.(1) This section applies if the computer games classification officer is 2
satisfied a computer game classified, or refused approval for classification, 3
under section 5 should have a different classification, or be classified. 4
(2) The computer games classification officer may set the classification, 5
or the refusal, aside and again classify or refuse to approve the classification 6
with the game under section 5. 7
of computer game for classification or reclassification 8
Production
7.(1) For sections 5 and 6, 3 the computer games classification officer 9
may ask a person (the "publisher") who publishes a computer game to 10
give the officer a copy of the game. 11
(2) The request must be in a signed notice given to the publisher. 12
(3) If a copy of a computer game is given to the computer games 13
classification officer under this section, the officer must promptly classify 14
the game under section 5 or reclassify the game under section 6. 15
(4) When the game is classified or refused approval for classification the 16
computer games classification officer must immediately return the game to 17
the publisher. 18
(5) Subsection (4) does not apply to a computer game that is refused 19
approval for classification if it is a child abuse computer game. 20
to appeal body against classification of, or refusal to approve 21
Appeal
classification of computer game 22
8. If the computer games classification officer classifies, or refuses to 23
approve the classification of a computer game under section 5, a person 24
whose interests are adversely affected by the decision may appeal to the 25
appeal body within 28 days after the person becomes aware of the decision. 26
3 Sections 5 (Classification of computer games by computer games classification
officer) and 6 (Reclassification of computer games)
s9 9 s 10
Classification of Computer Games and Images
(Interim)
ART 3--DEMONSTRATION OF COMPUTER 1
P
GAMES 2
against demonstration of unclassified computer game 3
Prohibition
9.(1) A person must not demonstrate, or attempt to demonstrate, an 4
unclassified computer game in a public place. 5
Maximum penalty-- 6
(a) for a computer game that, if it were classified, would be classified 7
as a G, G(8+) or M(15+) computer game--5 penalty units; or 8
(b) for a computer game that, if it were classified, would be classified 9
as an MA(15+) computer game--20 penalty units; or 10
(c) for a computer game that has been, or would have been, refused 11
approval for classification--150 penalty units or imprisonment 12
for 1 year. 13
(2) Subsection (1) applies to a computer game published before the 14
commencement of this Act only if the game is an objectionable computer 15
game. 16
on demonstration of MA(15+) computer game 17
Restriction
10.(1) A person must not demonstrate, or attempt to demonstrate, in a 18
public place an MA(15+) computer game if a child under 15 years who is 19
not accompanied by an adult is present. 20
Maximum penalty--10 penalty units. 21
(2) A person does not commit an offence against subsection (1) if the 22
person reasonably believes the child is at least 15 years or is accompanied 23
by an adult when the game is demonstrated. 24
s 11 10 s 13
Classification of Computer Games and Images
(Interim)
PART 4--ADVERTISING AND SUPPLY OF 1
COMPUTER GAMES 2
of advertisements 3
Use
11.(1) A person must not use, or attempt to use, an advertisement for a 4
computer game if the advertisement has been refused approval under the 5
Ordinance. 6
Maximum penalty--60 penalty units. 7
(2) A person must not use, or attempt to use, an advertisement approved 8
under the Ordinance for a computer game other than in the form in which 9
the advertisement was approved. 10
Maximum penalty--60 penalty units. 11
(3) A person must not use, or attempt to use, an advertisement approved 12
under the Ordinance for a computer game other than under the conditions 13
(if any) on which the approval was given. 14
Maximum penalty--60 penalty units. 15
to bear determined markings 16
Advertisement
12. A person must not publish, or attempt to publish, an advertisement 17
for a computer game unless the advertisement bears the determined 18
markings for the computer game displayed so that they are clearly visible, 19
having regard to the size and nature of the advertisement. 20
Maximum penalty--10 penalty units. 21
advertising of computer games 22
False
13.(1) A person must not publish, or attempt to publish, an 23
advertisement for a classified computer game indicating the computer game 24
is unclassified or has a classification other than its classification under the 25
Ordinance or this Act. 26
Maximum penalty--60 penalty units. 27
(2) A person must not publish, or attempt to publish, an advertisement 28
s 14 11 s 16
Classification of Computer Games and Images
(Interim)
for an objectionable computer game. 1
Maximum penalty--60 penalty units or imprisonment for 6 months. 2
on containers 3
Markings
14. A person must not sell, or attempt to sell, a computer game unless 4
the container, wrapping or casing in which the computer game is contained, 5
bears the determined markings for the game's classification. 6
Maximum penalty--10 penalty units. 7
of information about classification 8
Display
15.(1) A person who sells, or attempts to sell, a classified computer 9
game in a public place must keep displayed, as required by subsection (2), a 10
notice about classifications in the same form as that determined under 11
section 26 4 of the Publications Control Act 1989 (ACT) for a computer 12
game. 13
Maximum penalty--10 penalty units. 14
(2) The notice must be displayed in a conspicuous place and in a way that 15
it can be conveniently read by any person on the premises. 16
computer games containing advertisements for other 17
Classified
computer games 18
16. A person must not sell, or attempt to sell, a classified computer game 19
containing an advertisement for-- 20
(a) if the computer game is classified as a G computer game--a 21
computer game classified as a G(8+), M(15+) or MA(15+) 22
computer game or an objectionable computer game; or 23
(b) if the computer game is classified as a G(8+) computer game--a 24
computer game classified as a M(15+) or MA(15+) computer 25
game or an objectionable computer game; or 26
4 Section 26 (Possession of objectionable computer game)
s 17 12 s 19
Classification of Computer Games and Images
(Interim)
(c) if the computer game is classified as an M(15+) computer 1
game--a computer game classified as an MA(15+) computer 2
game or an objectionable computer game; or 3
(d) if the computer game is classified as an MA(15+) computer 4
game--an objectionable computer game. 5
Maximum penalty--10 penalty units. 6
for sale of MA(15+) computer game 7
Display
17. A person who displays, or attempts to display, for sale an MA(15+) 8
computer game or an advertisement for an MA(15+) computer game must 9
comply with the conditions prescribed under a regulation. 10
Maximum penalty--10 penalty units. 11
of MA(15+) computer game to certain children prohibited 12
Sale
18.(1) A person must not sell or deliver, or attempt to sell or deliver, an 13
MA(15+) computer game to a child under 15 years unless the child is 14
accompanied by an adult. 15
Maximum penalty--20 penalty units. 16
(2) A person does not commit an offence against subsection (1) if the 17
person reasonably believes the child is at least 15 years or is accompanied 18
by an adult. 19
(3) Also, a person does not commit an offence against subsection (1) 20
about the delivery of a computer game if-- 21
(a) the child is employed by a person in a business of selling 22
computer games; and 23
(b) the delivery takes place in the course of the employment. 24
of unclassified computer games prohibited 25
Sale
19.(1) A person must not sell, or attempt to sell, an unclassified 26
computer game. 27
Maximum penalty-- 28
s 20 13 s 22
Classification of Computer Games and Images
(Interim)
(a) for a computer game that, if it were classified, would be classified 1
as a G, G(8+) or M(15+) computer game--5 penalty units; or 2
(b) for a computer game that, if it were classified, would be classified 3
as an (MA)(15+) computer game--10 penalty units; or 4
(c) for a computer game that has been, or would have been, refused 5
approval for classification--150 penalty units. 6
(2) Subsection (1) applies to a computer game published before the 7
commencement of this Act only if the game is an objectionable computer 8
game. 9
of improperly marked unclassified computer games prohibited 10
Sale
20. A person must not sell, or attempt to sell, an unclassified computer 11
game if the container, wrapping or casing in which the computer game is 12
contained bears a marking or other thing indicating or suggesting the 13
computer game has been classified. 14
Maximum penalty--60 penalty units or imprisonment for 6 months. 15
of improperly marked classified computer games 16
Sale
21. A person must not sell, or attempt to sell, a classified computer game 17
if the container, wrapping or casing in which the computer game is 18
contained bears a mark or other thing indicating the computer game is not 19
classified or has a classification other than the classification it has under this 20
Act. 21
Maximum penalty--60 penalty units or imprisonment for 6 months. 22
ART 5--OBJECTIONABLE COMPUTER GAMES 23
P
demonstration of objectionable computer game 24
Public
22. A person must not demonstrate, or attempt to demonstrate, an 25
objectionable computer game in a way that it can be seen by persons in a 26
s 23 14 s 26
Classification of Computer Games and Images
(Interim)
public place. 1
Maximum penalty--20 penalty units. 2
of an objectionable computer game before a minor 3
Demonstration
23. A person must not demonstrate, or attempt to demonstrate, an 4
objectionable computer game in the presence of a child. 5
Maximum penalty--10 penalty units. 6
of objectionable computer game prohibited 7
Sale
24. A person must not sell, or attempt to sell, an objectionable computer 8
game. 9
Maximum penalty--60 penalty units or imprisonment for 6 months. 10
together of classified and objectionable computer games 11
Keeping
25. A person must not, on premises on or from which classified 12
computer games are sold, keep or have possession of an objectionable 13
computer game. 14
Maximum penalty--60 penalty units or imprisonment for 6 months. 15
of objectionable computer game 16
Possession
26.(1) A person must not have possession of an objectionable computer 17
game to sell it. 18
Maximum penalty--60 penalty units or imprisonment for 6 months. 19
(2) A person must not have possession of an objectionable computer 20
game to demonstrate it in a public place. 21
Maximum penalty--250 penalty units or imprisonment for 2 years. 22
(3) A person must not knowingly have possession of a child abuse 23
computer game. 24
Maximum penalty--250 penalty units or imprisonment for 2 years. 25
s 27 15 s 29
Classification of Computer Games and Images
(Interim)
objectionable computer game 1
Making
27.(1) A person must not, for gain, make or produce, or attempt to make 2
or produce, an objectionable computer game. 3
Maximum penalty--250 penalty units or imprisonment for 2 years. 4
(2) A person must not, for gain, copy, or attempt to copy, an 5
objectionable computer game. 6
Maximum penalty--250 penalty units or imprisonment for 2 years. 7
(3) A person must not make or produce, or attempt to make or produce, 8
a child abuse computer game. 9
Maximum penalty--1 000 penalty units or imprisonment for 5 years. 10
(4) A person must not copy, or attempt to copy, a child abuse computer 11
game. 12
Maximum penalty--800 penalty units or imprisonment for 3 years. 13
minor for objectionable computer game 14
Obtaining
28. A person must not obtain, or attempt to obtain, a minor to be in any 15
way concerned in the making or production of an objectionable computer 16
game. 17
Maximum penalty--800 penalty units or imprisonment for 3 years. 18
liability in certain circumstances 19
No
29. A person is not guilty of an offence against section 26 or 275 in 20
relation to an objectionable computer game of the kind other than that 21
mentioned in the definition "objectionable computer game" paragraph (b), 22
(c) or (d) if-- 23
(a) the person took all reasonable steps to obtain classification of the 24
computer game under the Ordinance, having regard to the stage 25
of making or production of the computer game or the time that 26
5 Sections 26 (Possession of objectionable computer game) or 27 (Making
objectionable computer game)
s 30 16 s 32
Classification of Computer Games and Images
(Interim)
has elapsed since making or production of the computer game; 1
and 2
(b) the person believes on reasonable grounds that the computer 3
game will be classified. 4
ART 6--INVESTIGATION AND ENFORCEMENT 5
P
Division 1--Administration generally 6
of inspectors 7
Appointment
30.(1) The chief executive may appoint any of the following persons to 8
be an inspector-- 9
(a) an officer or employee of the department; 10
(b) a police officer. 11
(2) The chief executive may appoint a person (other than a police officer) 12
mentioned in subsection (1) to be an inspector only if-- 13
(a) the chief executive believes the person has the necessary expertise 14
or experience to be an inspector; or 15
(b) the person has satisfactorily completed a course of training 16
approved by the chief executive. 17
of appointment of inspectors 18
Terms
31. An inspector holds office under the conditions stated in the 19
instrument of appointment. 20
cards 21
Identity
32.(1) This section does not apply to an inspector who is a police officer. 22
(2) The chief executive must give each inspector an identity card. 23
s 33 17 s 33
Classification of Computer Games and Images
(Interim)
(3) The identity card must-- 1
(a) contain a recent photograph of the person; and 2
(b) be signed by the person; and 3
(c) identify the person as an inspector under this Act; and 4
(d) state an expiry date. 5
(4) A person who stops being an inspector must return the person's 6
identity card to the chief executive as soon as practicable (but within 7
21 days) after the person stops being an inspector, unless the person has a 8
reasonable excuse. 9
Maximum penalty--5 penalty units. 10
(5) This section does not prevent the giving of a single identity card to the 11
person for this and other Acts. 12
or display of inspector's identity card 13
Production
33.(1) This section does not apply to a uniformed police officer. 14
(2) An inspector may exercise a power in relation to a person only if-- 15
(a) the inspector-- 16
(i) for an inspector who is a police officer--first produces the 17
inspector's police identity card for the person's inspection; 18
or 19
(ii) for any other inspector--first produces the inspector's 20
identity card for the person's inspection; or 21
(b) the inspector has the inspector's identity card displayed so it is 22
clearly visible to the person. 23
(3) However, if for any reason it is not practicable to comply with 24
subsection (2) before exercising the power, the inspector must produce the 25
identity card as soon as it is practicable. 26
s 34 18 s 35
Classification of Computer Games and Images
(Interim)
2--Inspector's entry to places and vehicles 1
Division
to place by inspectors 2
Entry
34.(1) An inspector may enter a place if-- 3
(a) its occupier consents to the entry; or 4
(b) the entry is authorised by a warrant. 5
(2) However, an inspector may, without the occupier's consent or a 6
warrant, enter-- 7
(a) a public place when the place is open to the public; or 8
(b) the land around the premises to ask its occupier for consent to 9
enter the premises. 10
to entry 11
Consent
35.(1) This section applies if an inspector intends to ask an occupier of a 12
place to consent to the inspector or another inspector entering the place. 13
(2) Before asking for the consent, the inspector must tell the occupier-- 14
(a) the purpose of the entry; and 15
(b) that the occupier is not required to consent. 16
(3) If the consent is given, the inspector may ask the occupier to sign an 17
acknowledgment of the consent. 18
(4) The acknowledgment must state-- 19
(a) that the occupier was told-- 20
(i) the purpose of the entry; and 21
(ii) that the occupier is not required to consent; and 22
(b) the purpose of the entry; and 23
(c) that the occupier gives the inspector consent to enter the place and 24
exercise powers under this part; and 25
(d) the time and date the consent was given. 26
s 36 19 s 36
Classification of Computer Games and Images
(Interim)
(5) If the occupier signs an acknowledgment of consent, the inspector 1
must immediately give a copy to the occupier. 2
(6) Subsection (7) applies to a court if-- 3
(a) an issue arises, in a proceeding in or before the court, whether the 4
occupier of a place consented to an inspector entering the place 5
under this part; and 6
(b) an acknowledgment under this section is not produced in 7
evidence for the entry; and 8
(c) it is not proved that the occupier consented to the entry. 9
(7) The court may presume that the occupier did not consent. 10
11
Warrants
36.(1) An inspector may apply to a Magistrate for a warrant for a place. 12
(2) The application must be sworn and state the grounds on which the 13
warrant is sought. 14
(3) The Magistrate may refuse to consider the application until the 15
inspector gives the Magistrate all the information the Magistrate requires 16
about the application in the way the Magistrate requires. 17
18
Example--
19
The Magistrate may require additional information supporting the application to
20
be given by statutory declaration.
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 21
there are reasonable grounds for suspecting-- 22
(a) there is a particular thing or activity (the "evidence") that may 23
provide evidence of an offence against this Act; and 24
(b) the evidence is, or may be within the next 7 days, at the place. 25
(5) The warrant must state-- 26
(a) that a stated inspector may, with necessary and reasonable help 27
and force, enter the place and exercise the inspector's powers 28
under this part; and 29
(b) the offence for which the warrant is sought; and 30
s 37 20 s 37
Classification of Computer Games and Images
(Interim)
(c) the evidence that may be seized under the warrant; and 1
(d) the hours of the day or night when the place may be entered; and 2
(e) the date, within 7 days after the warrant's issue, when the warrant 3
ends. 4
made other than in person 5
Warrants--applications
37.(1) An inspector may apply for a warrant by phone, fax, radio or 6
other form of communication if the inspector considers it necessary because 7
of-- 8
(a) urgent circumstances; or 9
(b) other special circumstances, including, for example, the 10
inspector's remote location. 11
(2) Before applying for the warrant, the inspector must prepare an 12
application stating the grounds on which the warrant is sought. 13
(3) The inspector may apply for the warrant before the application is 14
sworn. 15
(4) After issuing the warrant, the Magistrate must immediately fax a 16
copy to the inspector if it is reasonably practicable to fax the copy. 17
(5) If it is not reasonably practicable to fax a copy of the warrant to the 18
inspector-- 19
(a) the Magistrate must-- 20
(i) tell the inspector what the terms of the warrant are; and 21
(ii) tell the inspector the date and time the warrant was issued; 22
and 23
(b) the inspector must complete a form of warrant ("warrant 24
form") and write on it-- 25
(i) the Magistrate's name; and 26
(ii) the date and time the Magistrate issued the warrant; and 27
(iii) the terms of the warrant. 28
(6) The facsimile warrant, or the warrant form properly completed by the 29
s 38 21 s 38
Classification of Computer Games and Images
(Interim)
inspector, authorises the entry and the exercise of the other powers stated in 1
the warrant issued by the Magistrate. 2
(7) The inspector must, at the first reasonable opportunity, send the 3
Magistrate-- 4
(a) the sworn application; and 5
(b) if the inspector completed a warrant form--the completed 6
warrant form. 7
(8) On receiving the documents, the Magistrate must attach them to the 8
warrant. 9
(9) Subsection (10) applies to a court if-- 10
(a) an issue arises, in a proceeding in or before the court, whether a 11
power exercised by an inspector was not authorised by a warrant 12
issued under this section; and 13
(b) the warrant is not produced in evidence. 14
(10) The court must presume that the exercise of the power was not 15
authorised by a warrant issued under this section, unless the contrary is 16
proved. 17
powers after entering places 18
General
38.(1) This section applies to an inspector who enters a place. 19
(2) For monitoring or enforcing compliance with this part, the inspector 20
may-- 21
(a) search any part of the place; or 22
(b) inspect, measure, test, photograph or film any part of the place or 23
anything at the place; or 24
(c) demonstrate a computer game at the place; or 25
(d) copy a document or computer game at the place; or 26
(e) take into or onto the place any persons, equipment and materials 27
the inspector reasonably requires for exercising a power under 28
this part; or 29
s 39 22 s 39
Classification of Computer Games and Images
(Interim)
(f) require the occupier of the place, or a person at the place, to give 1
the inspector reasonable help to exercise the powers under 2
paragraphs (a) to (e). 3
(3) A person must comply with a requirement under subsection (2)(f), 4
unless the person has a reasonable excuse for not complying. 5
Maximum penalty--10 penalty units. 6
(4) If the requirement is to be complied with by the person giving 7
information, or producing a document (other than a document required to 8
be kept by the person under this part), it is a reasonable excuse for the 9
person to fail to comply with the requirement, if complying with the 10
requirement might tend to incriminate the person. 11
(5) This section applies to an inspector who enters a place to get the 12
occupier's consent only if the consent is given or the entry is otherwise 13
authorised. 14
and search of vehicles etc. 15
Entry
39.(1) This section applies to an inspector who reasonably suspects-- 16
(a) a vehicle is being, or has just been, used to commit an offence; or 17
(b) a vehicle, or a thing in a vehicle, may provide evidence of an 18
offence that is being, or has just been, committed. 19
(2) The inspector may-- 20
(a) enter the vehicle, using necessary and reasonable help and force; 21
or 22
(b) search any part of the vehicle; or 23
(c) demonstrate a computer game in the vehicle; or 24
(d) inspect, measure, test, photograph or film any part of the vehicle 25
or anything in the vehicle; or 26
(e) copy a document or a computer game in the vehicle; or 27
(f) take into the vehicle the persons, equipment and materials the 28
inspector reasonably requires for exercising a power under this 29
section; or 30
s 40 23 s 41
Classification of Computer Games and Images
(Interim)
(g) require the person in control of the vehicle to give the inspector 1
reasonable help to exercise the powers mentioned in 2
paragraphs (a) to (f). 3
(3) A person must comply with a requirement under subsection (2)(g), 4
unless the person has a reasonable excuse for not complying. 5
Maximum penalty--10 penalty units. 6
(4) Before entering an unattended vehicle, an inspector must take 7
reasonable steps to advise its owner, or the person in control of it, of the 8
intention to enter. 9
to enable vehicle to be entered 10
Power
40.(1) This section applies if an inspector intends to enter a vehicle. 11
(2) If the vehicle is moving or about to move, the inspector may require 12
the person in control of the vehicle to stop or not to move it. 13
(3) The requirement may be given by a sign or hand signal. 14
(4) A person must comply with a requirement under subsection (2), 15
unless the person has a reasonable excuse for not complying. 16
Maximum penalty--50 penalty units. 17
3--Power to seize evidence 18
Division
to seize evidence 19
Power
41.(1) An inspector who enters a place with the occupier's consent may 20
seize a thing in the place if-- 21
(a) the inspector reasonably believes the thing is evidence of an 22
offence against this Act; and 23
(b) seizure of the thing is consistent with the purpose of entry as told 24
to the occupier when asking for the occupier's consent. 25
(2) An inspector who enters a place with a warrant may seize the 26
evidence for which the warrant was issued. 27
s 42 24 s 43
Classification of Computer Games and Images
(Interim)
(3) An inspector may also seize anything else at a place or in a vehicle if 1
the inspector reasonably believes-- 2
(a) the thing is evidence of an offence against this Act; and 3
(b) the seizure is necessary to prevent the thing being hidden, lost, or 4
destroyed or used to continue or repeat the offence. 5
(4) Also, an inspector may seize a thing if the inspector reasonably 6
believes it has just been used in committing an offence against this Act. 7
power of inspector to seize computer games 8
Additional
42.(1) This section applies if-- 9
(a) someone makes representations to the computer games 10
classification officer about a computer game; and 11
(b) the computer games classification officer reasonably believes the 12
computer game is an objectionable computer game. 13
(2) The computer games classification officer may direct an inspector to 14
seize the computer game from any public place when the place is open to 15
the public. 16
(3) The inspector may seize the computer game from the place. 17
(4) An inspector who seizes a computer game under subsection (3) 18
must, as soon as practicable, submit the computer game to the computer 19
games classification officer for classification. 20
(5) If a computer game seized under subsection (3) is classified as a G, 21
G(8+), M(15+) or an MA(15+) computer game, the inspector must 22
immediately return the computer game to the person from whom it was 23
seized. 24
supporting seizure 25
Powers
43.(1) Having seized a thing, an inspector may-- 26
(a) move the thing from the place or vehicle where it was seized (the 27
"place of seizure"); or 28
(b) leave the thing at the place of seizure but take reasonable action to 29
s 44 25 s 44
Classification of Computer Games and Images
(Interim)
restrict access to it. 1
2
Examples of restricting access to a thing--
3
1. Sealing a thing and marking it to show access to it is restricted.
4
2. Sealing the entrance to a room where the seized thing is situated and marking
5
it to show access to it is restricted.
(2) If an inspector restricts access to a seized thing, a person must not 6
tamper, or attempt to tamper, with the thing or something restricting access 7
to the thing without an inspector's approval. 8
Maximum penalty--60 penalty units. 9
(3) To enable a thing to be seized, an inspector may require the person in 10
control of it-- 11
(a) to take it to a stated reasonable place by a stated reasonable time; 12
and 13
(b) if necessary, to remain in control of it at the stated place for a 14
reasonable time. 15
(4) The requirement-- 16
(a) must be made by notice in the approved form; or 17
(b) if for any reason it is not practicable to give the notice, may be 18
made orally and confirmed by notice in the approved form as 19
soon as practicable. 20
(5) The person must comply with the requirement, unless the person has 21
a reasonable excuse for not complying. 22
Maximum penalty--60 penalty units. 23
(6) A further requirement may be made under this section in relation to 24
the same thing if it is necessary and reasonable to make the further 25
requirement. 26
for seized things 27
Receipt
44.(1) As soon as practicable after an inspector seizes a thing, the 28
inspector must give a receipt for it to the person from whom it was seized. 29
(2) However, if for any reason it is not practicable to comply with 30
s 45 26 s 46
Classification of Computer Games and Images
(Interim)
subsection (1), the inspector must leave the receipt in a conspicuous 1
position and in a reasonably secure way at the place of seizure. 2
(3) The receipt must describe generally each thing seized and its 3
condition. 4
(4) This section does not apply to a thing if it is impracticable or would 5
be unreasonable to give the notice required by the section (given the thing's 6
nature, condition and value). 7
of seized things 8
Return
45.(1) The inspector must return a seized thing to its owner at the end 9
of-- 10
(a) 60 days; or 11
(b) if a proceeding for an offence involving it is started within the 12
60 days--the proceeding and any appeal from the proceeding. 13
(2) Despite subsection (1), the inspector must immediately return a thing 14
seized as evidence to its owner if the inspector stops being satisfied its 15
continued retention as evidence is necessary. 16
(3) Subsections (1) and (2) do not apply to a seized thing that is a child 17
abuse computer game. 18
to seized things 19
Access
46.(1) Until a seized thing is forfeited or returned, an inspector must 20
allow its owner to inspect it and, if it is a document, to copy it. 21
(2) Subsection (1) does not apply if it is impracticable or would be 22
unreasonable to allow the inspection or copying. 23
(3) Also, subsection (1) does not apply if the seized thing is a child abuse 24
computer game. 25
s 47 27 s 48
Classification of Computer Games and Images
(Interim)
4--General powers 1
Division
to require name and address 2
Power
47.(1) This section applies if-- 3
(a) an inspector finds a person committing an offence against this 4
Act; or 5
(b) an inspector finds a person in circumstances that lead, or has 6
information that leads, the inspector to reasonably suspect the 7
person has just committed an offence against this Act. 8
(2) The inspector may require the person to state the person's name and 9
residential address. 10
(3) When making the requirement, the inspector must warn the person it 11
is an offence to fail to state the person's name or residential address, unless 12
the person has a reasonable excuse. 13
(4) The inspector may require the person to give evidence of the 14
correctness of the stated name or residential address if the inspector 15
reasonably suspects the stated name or address is false. 16
(5) A person must comply with a requirement under subsection (2) 17
or (4), unless the person has a reasonable excuse. 18
Maximum penalty--50 penalty units. 19
(6) A person does not commit an offence against subsection (5) if-- 20
(a) the person was required to state the person's name and address 21
by an inspector who suspected the person had committed an 22
offence; and 23
(b) the person is not proved to have committed the offence. 24
(7) An inspector who is an officer or employee of the department may 25
ask a police officer to assist with the enforcement of this section. 26
police officer may take for failure to give name and address 27
Steps
48. A police officer may take the following steps if a person fails to 28
comply with a requirement made by the officer or another inspector under 29
s 49 28 s 49
Classification of Computer Games and Images
(Interim)
section 47(2) or (4)6-- 1
(a) the police officer may ask the person whether the person has a 2
reasonable excuse for not complying with the requirement and, if 3
the person gives an excuse, ask for details or further details of the 4
excuse; 5
(b) if the person does not answer the question or gives an excuse that 6
the police officer reasonably believes is not a reasonable excuse, 7
the officer may-- 8
(i) tell the person that the officer is considering the arrest of the 9
person for failing to comply with the requirement; and 10
(ii) require the person to state the person's name and residential 11
address (or, if the person has no residential address, an 12
address at which the person can most likely be contacted) 13
and, if the officer reasonably suspects that the stated name or 14
address is false, require the person to give evidence of the 15
correctness of the stated name or address; 16
(c) the police officer may arrest the person without a warrant if the 17
officer reasonably believes-- 18
(i) the person has not complied with a requirement of the 19
officer under paragraph (b)(ii); and 20
(ii) proceedings by way of complaint and summons against the 21
person for an offence would be ineffective. 22
to require information 23
Power
49.(1) This section applies if an inspector reasonably believes-- 24
(a) an offence against this Act has just been committed; and 25
(b) a person may be able to give information about the offence. 26
(2) The inspector may require the person to give information about the 27
offence. 28
(3) When making the requirement, the inspector must warn the person it 29
6 Section 47 (Power to require name and address)
s 50 29 s 51
Classification of Computer Games and Images
(Interim)
is an offence to fail to give the information , unless the person has a 1
reasonable excuse. 2
(4) The person must give the information, unless the person has a 3
reasonable excuse. 4
Maximum penalty--50 penalty units. 5
(5) It is a reasonable excuse for an individual to fail to give information if 6
complying with the requirement might tend to incriminate the individual. 7
5--Other enforcement matters 8
Division
or misleading statements 9
False
50.(1) A person must not-- 10
(a) state anything to an inspector that the person knows is false or 11
misleading in a material particular; or 12
(b) omit from a statement made to an inspector anything without 13
which the statement is, to the person's knowledge, misleading in 14
a material particular. 15
Maximum penalty--50 penalty units. 16
(2) It is enough for a complaint against a person for an offence against 17
subsection (1) to state that the statement made was false or misleading to 18
the person's knowledge. 19
inspector 20
Obstructing
51.(1) A person must not obstruct an inspector in the exercise of a 21
power, unless the person has a reasonable excuse for the obstruction. 22
Maximum penalty--50 penalty units. 23
(2) If a person has obstructed an inspector and the inspector decides to 24
proceed with the exercise of the power, the inspector must warn the person. 25
(3) In warning a person under subsection (2), an inspector must warn the 26
person that-- 27
s 52 30 s 52
Classification of Computer Games and Images
(Interim)
(a) it is an offence to obstruct the inspector, unless the person has a 1
reasonable excuse; and 2
(b) the inspector considers the person's conduct is an obstruction. 3
(4) If, after an inspector who is an officer or employee of the department 4
has warned the person, the person continues with the conduct or repeats the 5
conduct, the officer may ask a police officer to assist with the enforcement 6
of this section. 7
a police officer may take for obstruction 8
Steps
52. A police officer may take the following steps if a person has 9
obstructed an inspector-- 10
(a) the officer may ask the person whether the person has a 11
reasonable excuse for the conduct and, if the person gives an 12
excuse, ask for details or further details of the excuse; 13
(b) if the person does not answer the question or gives an excuse the 14
officer reasonably believes is not a reasonable excuse--the officer 15
may-- 16
(i) tell the person that the officer is considering arresting the 17
person for obstruction; and 18
(ii) require the person to stop, or not repeat, the conduct; 19
(c) the officer may arrest the person without a warrant if the officer 20
reasonably believes-- 21
(i) the person has not complied with a requirement under 22
paragraph (b)(ii); and 23
(ii) proceedings by way of complaint and summons against the 24
person for an offence against section 517 would be 25
ineffective. 26
7 Section 51 (Obstructing authorised officers)
s 53 31 s 55
Classification of Computer Games and Images
(Interim)
inspectors 1
Impersonating
53. A person must not pretend to be an inspector. 2
Maximum penalty--100 penalty units or imprisonment for 6 months. 3
to give notice of damage 4
Inspector
54.(1) This section applies if-- 5
(a) an inspector damages something when exercising or purporting 6
to exercise a power; or 7
(b) a person (the "other person") acting under the direction of an 8
inspector damages something. 9
(2) The inspector must promptly give written notice of particulars of the 10
damage to the person who appears to be the owner of the thing. 11
(3) If the inspector believes the damage was caused by a latent defect in 12
the thing or circumstances beyond the inspector's or other person's control, 13
the inspector may state it in the notice. 14
(4) If, for any reason, it is impracticable to comply with subsection (2), 15
the inspector must leave the notice in a conspicuous position and in a 16
reasonably secure way where the damage happened. 17
(5) This section does not apply to damage the inspector reasonably 18
believes is trivial. 19
(6) In this section-- 20
"owner" of a thing includes the person in possession or control of it. 21
22
Compensation
55.(1) A person may claim compensation from the State if the person 23
incurs loss or expense because of the exercise or purported exercise of a 24
power under this part, including, for example, in complying with a 25
requirement made of the person. 26
(2) Compensation may be claimed and ordered in a proceeding-- 27
(a) brought in a court with jurisdiction for the recovery of the amount 28
of compensation claimed; or 29
s 56 32 s 56
Classification of Computer Games and Images
(Interim)
(b) for an offence brought against the person claiming compensation. 1
(3) A court may order compensation to be paid only if satisfied it is just 2
to make the order in the circumstances of the particular case. 3
(4) A regulation may prescribe matters that may, or must, be taken into 4
account by the court when considering whether it is just to make the order. 5
ART 7--EXEMPTIONS 6
P
Division 1--Exemption for demonstration of computer games by 7
approved entities 8
of entity 9
Approval
56.(1) On receipt of a written application, the computer games 10
classification officer may approve an entity as an approved entity. 11
(2) In considering whether to approve the entity, the computer games 12
classification officer must have regard to-- 13
(a) the purpose for which the entity was formed; and 14
(b) the extent to which the entity carries on activities of a medical, 15
scientific, educational, cultural or artistic nature; and 16
(c) the reputation of the entity for the demonstration of computer 17
games; and 18
(d) the conditions imposed by the entity about the admission of 19
persons to the demonstration of computer games by the entity. 20
(3) The approval-- 21
(a) must be published in the Gazette; and 22
(b) takes effect on the date of publication; and 23
(c) continues in force until it is revoked. 24
(4) The computer games classification officer may revoke the approval if 25
s 57 33 s 58
Classification of Computer Games and Images
(Interim)
the computer games classification officer decides that, because of a change 1
in the things mentioned in subsection (2), it is no longer appropriate that the 2
entity be an approved entity. 3
by approved entity for exemption for demonstration of 4
Application
computer game 5
57. An application for an exemption from this Act, or a provision of this 6
Act, for a computer game that an approved entity intends to demonstrate at 7
a stated event must-- 8
(a) be made by the approved entity; and 9
(b) state the computer game and the event at which the approved 10
entity intends to demonstrate the computer game; and 11
(c) be accompanied by a synopsis of the story or events depicted in 12
the computer game; and 13
(d) be given to the computer games classification officer in writing. 14
for demonstration of computer game 15
Exemption
58.(1) On receipt of an application under section 57,8 the computer 16
games classification officer may exempt an approved entity from this Act, 17
or stated provisions of this Act, for a stated computer game to be 18
demonstrated at a stated event. 19
(2) The exemption may be given on conditions. 20
(3) If the conditions are complied with, subsection (4) has effect for the 21
demonstration by the approved entity of the computer game at the event. 22
(4) This Act, or the provisions of this Act stated in the exemption, do not 23
apply and the computer game is not indecent or obscene material for the 24
purposes of the Criminal Code or the Vagrants, Gaming and Other 25
Offences Act 1931. 26
8 Section 57 (Application by approved entity for exemption for demonstration of
computer game)
s 59 34 s 60
Classification of Computer Games and Images
(Interim)
2--Exemption for medical, educational or scientific computer 1
Division
games 2
of entity and computer game for medical etc. purposes 3
Exemption
59.(1) On receipt of a written application, the computer games 4
classification officer may, in writing, exempt an entity from this Act, or 5
specified provisions of this Act, for specified computer games. 6
(2) An exemption may only be given for computer games that are-- 7
(a) of a medical, educational or scientific character; or 8
(b) intended to be used by the person or body for a medical, 9
educational or scientific purpose. 10
(3) The exemption may be given on conditions. 11
(4) If the conditions are complied with, subsection (5) has effect for the 12
entity and the computer game. 13
(5) This Act, or the provisions of this Act stated in the exemption, do not 14
apply and the computer game is not indecent or obscene material for the 15
purposes of the Criminal Code or the Vagrants, Gaming and Other 16
Offences Act 1931. 17
3--Appeal to appeal body about approval of entities and 18
Division
exemptions 19
to appeal body against refusal to approve entity etc. 20
Appeal
60.(1) If the computer games classification officer makes a decision-- 21
(a) under section 569-- 22
(i) refusing to approve an entity; or 23
(ii) revoking the approval of an entity; or 24
9 Section 56 (Approval of entity)
s 61 35 s 61
Classification of Computer Games and Images
(Interim)
(b) refusing to give an exemption under section 58 or section 59;10 1
the computer games classification officer must notify the entity in writing of 2
the decision and the reasons for the decision. 3
(2) Within 28 days after being notified of the decision, the entity may 4
appeal to the appeal body against the decision. 5
ART 8--MISCELLANEOUS 6
P
procedure 7
Appeal
61.(1) This section applies to an appeal to the appeal body under 8
section 8 and section 60.11 9
(2) The appeal must be started by giving written notice of appeal to the 10
appeal body and the computer games classification officer. 11
(3) The notice of appeal must state fully the grounds of appeal and the 12
facts relied on. 13
(4) The appeal body must-- 14
(a) affirm the decision appealed against; or 15
(b) vary the decision appealed against; or 16
(c) revoke the decision and substitute an alternative decision. 17
(5) For the appeal, the appeal body may exercise all the powers of the 18
computer games classification officer. 19
10 Sections 58 (Exemption for demonstration of computer game) or 59 (Exemption
of entity and computer game for medical etc. purposes)
11 Sections 8 (Appeal to appeal body against classification of, or refusal to approve
classification of computer game) and 60 (Appeal to appeal body against refusal
to approve entity etc.)
s 62 36 s 63
Classification of Computer Games and Images
(Interim)
provisions 1
Evidentiary
62.(1) This section applies to a proceeding under this Act. 2
(2) The appointment or power of the computer games classification 3
officer, the officer's delegate and an inspector must be presumed unless a 4
party, by reasonable notice, requires proof of-- 5
(a) the appointment; or 6
(b) the power to do anything under this Act. 7
(3) A signature purporting to be the signature of the computer games 8
classification officer is evidence of the signature it purports to be. 9
(4) A certificate purporting to be signed by the computer games 10
classification officer and stating any of the following matters is evidence of 11
the matter-- 12
(a) a stated computer game has been classified (and stating the 13
classification) or refused approval for classification; 14
(b) a computer game has not been classified; 15
(c) a computer game would, if classified, be classified (and stating 16
the classification) or would be refused approval for classification 17
and the grounds for refusal; 18
(d) an advertisement for a computer game has been approved or has 19
been refused approval. 20
offences and summary offences 21
Indictable
63.(1) An offence against section 28 12 or against another provision of 22
this Act involving a child abuse computer game is punishable on 23
indictment. 24
(2) Any other offence against this Act is punishable summarily. 25
(3) An indictable offence against this Act may be heard and decided 26
summarily at the defendant's election. 27
12 Section 28 (Obtaining minor for objectionable computer game)
s 64 37 s 67
Classification of Computer Games and Images
(Interim)
1
Forfeiture
64.(1) On the conviction of a person for an offence against this Act, the 2
court may order the forfeiture to the State of-- 3
(a) anything (including a computer or computer game) used to 4
commit the offence; or 5
(b) anything else, the subject of the offence. 6
(2) The court may make the order-- 7
(a) whether or not the thing has been seized; and 8
(b) if the thing has been seized--whether or not the thing has been 9
returned to its owner. 10
(3) The court may make an order to enforce the forfeiture that it 11
considers appropriate. 12
(4) This section does not limit the court's powers under the Penalties 13
and Sentences Act 1992 or another law. 14
with forfeited things 15
Dealing
65. On the forfeiture of a thing to the State, the thing becomes the State's 16
property and may be dealt with as directed by the chief executive. 17
computer games not indecent or obscene 18
Classified
66. A classified computer game and an approved advertisement for the 19
game are not indecent or obscene material for the purposes of the Criminal 20
Code or the Vagrants, Gaming and Other Offences Act 1931. 21
22
Regulations
67.(1) The Governor in Council may make regulations under this Act. 23
(2) A regulation may prescribe penalties of fines of not more than 24
20 penalty units for offences against a regulation. 25
(3) A regulation may make provision about the constitution, practice and 26
procedure of the appeal body (which may be the holder of an office), 27
s 68 38 s 71
Classification of Computer Games and Images
(Interim)
including provision in relation to the making of arrangements between the 1
State and the Commonwealth about the constitution of the appeal body. 2
by computer games classification officer 3
Delegation
68.(1) The computer games classification officer may, with the chief 4
executive's written approval, delegate the officer's powers under this Act 5
to-- 6
(a) another officer of the department; or 7
(b) someone else prescribed under a regulation. 8
(2) The computer games classifications officer may delegate the officer's 9
powers only if the officer is satisfied the delegate has the necessary 10
expertise or experience to exercise the powers. 11
executive may approve forms 12
Chief
69. The chief executive may approve a form for use under this Act. 13
of Act 14
Expiry
70. This Act expires 2 years after it commences. 15
PART 9--AMENDMENT OF ART UNIONS AND 16
PUBLIC AMUSEMENTS ACT 1992 17
of Art Unions and Public Amusements Act 1992 18
Amendment
71. Schedule 1 amends the Art Unions and Public Amusements 19
Act 1992. 20
21
39
Classification of Computer Games and Images
(Interim)
CHEDULE 1 1
¡S
ACT AMENDED 2
section 71 of the Act 3
RT UNIONS AND PUBLIC AMUSEMENTS ACT 1992 4
´A
1. Section 76(b)-- 5
omit, insert-- 6
`(b) the chief executive has approved it.'. 7
2. Section 80(1)-- 8
omit, insert-- 9
`80.(1) A person may apply to the chief executive for the approval of a 10
public amusement.'. 11
3. Section 80(3)-- 12
omit, insert-- 13
`(3) If the chief executive is satisfied a public amusement is not capable 14
of being converted to a gaming machine and safe to use, the chief executive 15
may approve the public amusement.'. 16
17
40
Classification of Computer Games and Images
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CHEDULE 2 1
¡S
ICTIONARY 2
D
section 3 of the Act 3
"advertisement", for a computer game, includes-- 4
(a) every visual form of advertising (including any accompanying 5
words or any spoken words or other sounds), whether in or on a 6
book, paper, magazine, poster, photograph, sketch, program, 7
film, slide or anything else (other than an item of clothing); and 8
(b) any form of advertising capable of being heard from any 9
instrument or device designed or used for the production of 10
sound; and 11
(c) any written or pictorial matter contained or displayed in or on a 12
container, wrapping or casing used to enclose the computer game. 13
"appeal body" means the body prescribed under section 6713 of the Act as 14
the appeal body for this Act. 15
"approved form" means a form approved by the chief executive.14 16
"at" a place includes in or on the place. 17
"bulletin board" means a system of electronically stored information 18
accessible by computer through the telecommunications network. 19
"child abuse computer game" means a computer game that is an 20
objectionable computer game because it depicts a child (whether 21
engaged in sexual activity or otherwise) who is, or is apparently, 22
under 16 years in a way likely to cause offence to a reasonable adult. 23
13 Section 67 (Regulations)
14 The chief executive is the chief executive of the department--see Acts
Interpretation Act 1954, s 33(5B).
41
Classification of Computer Games and Images
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SCHEDULE 2 (continued)
"classified" means classified under this Act or the Ordinance. 1
"computer game" means-- 2
(a) a computer program and associated data, capable of generating a 3
display on a computer monitor, television screen, liquid crystal 4
display or similar medium; or 5
(b) a computer generated image; 6
but does not include-- 7
(c) a bulletin board; or 8
(d) a business, accounting, professional, scientific or educational 9
computer program or computer generated image, other program 10
or image containing a computer game that would, if classified, be 11
classified as an MA(15+)computer game, or be refused approval 12
for classification. 13
"computer games classification officer" means the person holding the 14
office of computer games classification officer under the Public 15
Service Management and Employment Act 1988. 16
"computer generated image" means electronically recorded data capable, 17
by way of an electronic device, of being produced on a computer 18
monitor, television screen, liquid crystal display or similar medium as 19
an image (including an image in the form of text). 20
"computer program" means a set of statements or instructions to be used 21
directly or indirectly in a computer to bring about a certain result. 22
"conviction" includes a finding of guilt, and the acceptance of a plea of 23
guilty, by a court. 24
"deal with" includes sell, dispose of and destroy. 25
"demonstrate" includes exhibit, display, screen, play and make available 26
for playing. 27
"determined markings" means markings determined under the 28
Ordinance. 29
"objectionable computer game" means an unclassified computer game, 30
or an unapproved advertisement for a computer game, that-- 31
42
Classification of Computer Games and Images
(Interim)
SCHEDULE 2 (continued)
(a) describes, depicts, expresses or otherwise deals with matters of 1
sex, drug misuse or addiction, crime, cruelty, violence, or 2
revolting or abhorrent phenomena, in a way that offends against 3
standards of morality, decency and propriety generally accepted 4
by reasonable adults; or 5
(b) depicts a minor (whether engaged in sexual activity or otherwise) 6
who is, or is apparently, under 16 in a way likely to cause offence 7
to a reasonable adult; or 8
(c) promotes, incites or instructs in matters of crime or violence; or 9
(d) has been refused classification or approval. 10
"obstruct" includes hinder, resist and attempt to obstruct. 11
"occupier", of a place, includes a person who reasonably appears to be the 12
occupier, or in charge, of the place. 13
"on" a place or vehicle includes in the place or vehicle. 14
"Ordinance" means the Classification of Publications Ordinance 1983 15
(ACT). 16
"owner", of a seized thing, includes the person from whom the thing was 17
seized unless the inspector concerned is aware of the actual owner. 18
"person in control", of a vehicle, includes-- 19
(a) the driver of the vehicle; or 20
(b) the person who reasonably appears to be the driver; or 21
(c) the person who appears to be, claims to be or acts as if he or she 22
is in control of a vehicle. 23
"place" includes premises and a place on land or waters, but does not 24
include a vehicle. 25
"possession", of a computer game, includes-- 26
(a) custody or control of the computer game; and 27
(b) an ability or right to obtain custody or control of the computer 28
game. 29
"premises" includes-- 30
43
Classification of Computer Games and Images
(Interim)
SCHEDULE 2 (continued)
(a) a building or structure, or part of a building or structure; and 1
(b) the land where a building or structure is situated. 2
"public place" means a place that-- 3
(a) the public may use; or 4
(b) is open to, or used by, the public (whether or not on payment of 5
money). 6
"publish" includes sell and demonstrate. 7
"reasonably believes" means believes on grounds that are reasonable in all 8
the circumstances. 9
"reasonably suspects" means suspects on grounds that are reasonable in 10
all the circumstances. 11
"sell", for a computer game, means-- 12
(a) sell, whether by wholesale or retail; or 13
(b) display for sale; or 14
(c) let on hire; or 15
(d) exchange; or 16
(e) distribute; or 17
(f) offer or agree to do an act mentioned in paragraphs (a) to (e) or 18
(g) invite to treat or expose for an act mentioned in paragraphs (a) to 19
(e); or 20
(h) cause or permit to be done an act mentioned in paragraphs (a) to 21
(g). 22
"vehicle" includes an aircraft and a ship. 23
24
44
Classification of Computer Games and Images
(Interim)
ATTACHMENT NOT FORMING PART OF ACT 1
¡
ECTIONS 25A AND 34 OF ORDINANCE AS 2
S
APPLIED UNDER THIS ACT 3
section 5 of the Act 4
Approval of computer game classification by computer games 5
classification officer 6
25A.(1) Where the computer games classification officer1 decides that a 7
computer game-- 8
(a) is not an objectionable computer game; and 9
(b) is not unsuitable for viewing or playing by a minor; 10
the officer shall approve the classification of the computer game-- 11
(c) as a "G" computer game, where the officer is of the opinion that 12
the computer game is suitable for all ages; 13
(d) as a "G (8+)" computer game, where the officer is of the opinion 14
that the computer game cannot be recommended for viewing or 15
playing by persons under the age of 8 years; or 16
(e) as a "M(15+)" computer game, where the officer is of the 17
opinion that the computer game cannot be recommended for 18
viewing or playing by persons under the age of 15 years. 19
(2) Subject to this section, the computer games classification officer shall 20
approve the classification of a computer game as an "MA (15+)" computer 21
game where the officer decides that the computer game depicts, expresses 22
or otherwise deals with sex, violence or coarse language in such a manner 23
as to make the computer game unsuitable for viewing or playing by persons 24
under the age of 15 years. 25
(3) The computer games classification officer shall refuse to approve the 26
1 Italicised words indicate changes in the text of the Ordinance.
45
Classification of Computer Games and Images
(Interim)
classification of a computer game where the officer is satisfied that the game 1
is unsuitable for viewing or playing by a minor. 2
(5) The computer games classification officer shall refuse to approve the 3
classification of a computer game where the officer is satisfied that the 4
computer game depicts, expresses or otherwise deals with matters of sex, 5
drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent 6
phenomena in such a manner that it offends against the standards of 7
morality, decency and propriety generally accepted by reasonable adult 8
persons to the extent that it should not be classified. 9
(6) The computer games classification officer shall refuse to approve the 10
classification of a computer game that-- 11
(a) depicts a child (whether engaged in sexual activity or otherwise) 12
who is, or who is apparently, under the age of 16 years in a 13
manner that is likely to cause offence to a reasonable adult person; 14
or 15
(b) promotes, incites or instructs in matters of crime or violence. 16
(7) Where a computer game includes a trailer advertising an unclassified 17
computer game, the computer games classification officer shall refuse to 18
approve the classification of the computer game. 19
(8) Where a computer game includes a trailer advertising a classified 20
computer game, the computer games classification officer shall not approve 21
the classification of the computer game-- 22
(a) as a "G" computer game if the advertised computer game is 23
classified as a "G (8+)", "M (15+)" or "MA (15+)" computer 24
game; 25
(b) as a "G (8+)" computer game if the advertised computer game is 26
classified as an "M (15+)" or "MA (15+)" computer game; or 27
(c) as an "M (15+)" computer game if the advertised computer game 28
is classified as an "MA (15+)" computer game. 29
(9) Where the computer games classification officer approves the 30
classification of a computer game, the officer shall determine the consumer 31
advice that shall apply to that computer game. 32
46
Classification of Computer Games and Images
(Interim)
Criteria for classification 1
34.(1) The computer games classification officer shall, in considering 2
whether a computer game is an objectionable computer game, or is suitable 3
or unsuitable for perusal, viewing or playing by a minor, have regard to the 4
standards of morality, decency and propriety generally accepted by 5
reasonable adult persons. 6
(2) The computer games classification officer shall, in performing the 7
officer's functions under this Act, give effect, as far as possible, to the 8
following principles-- 9
(a) that adult persons are entitled to read, hear and see what they 10
wish; 11
(b) that all persons are entitled to protection from exposure to 12
unsolicited material that they find offensive; 13
(c) the need to take account of community concerns about depictions 14
which condone or incite violence, particularly sexual violence or 15
the portrayal of persons in a demeaning manner. 16
(2A) The computer games classification officer shall apply the 17
classification guidelines in deciding what classification (if any) should be 18
given to a computer game (words omitted). 19
(3) The computer games classification officer shall, in deciding whether 20
or not a computer game is an objectionable computer game or is suitable or 21
unsuitable for perusal, viewing or playing by a minor, have regard to any 22
literary, artistic or educational merit it may possess and to the general 23
character of the computer game including whether it is of a medical, legal or 24
scientific character. 25
(4) The computer games classification officer shall, in deciding what 26
classification (if any) should be given to a computer game have regard to-- 27
(a) the persons or class of persons to or amongst whom it is 28
published or is intended or likely to be published; and 29
(b) the conditions (if any) subject to which it should be published. 30
(4A) to (5) Not applicable. 31
32
47
Classification of Computer Games and Images
(Interim)
© State of Queensland 1995
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