Queensland Consolidated Acts

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CLASSIFICATION OF COMPUTER GAMES AND IMAGES ACT 1995 - SCHEDULE 2

DICTIONARY

advertisement, for a computer game, means any form of advertising for the computer game and includes--

(a) advertising, whether visual or audible, whether in the form of written or spoken words or other sounds and whether in a book, paper, magazine, poster, photograph, sketch, program, computer game or slide or in any other form; and
(b) advertising on a container or wrapping enclosing the computer game; and
(c) advertising on an item of clothing advertising the computer game;
but does not include--
(d) advertising for an exempt computer game; or
(e) advertising, in an imported publication, for a computer game that has not been published in Australia; or
(f) advertising, in an imported film or computer game that is in a form that can not be modified, for a computer game that has not been published in Australia (advertised game), whether or not the advertised game is later published in Australia.

appeal body means the body prescribed under section 6711 of the Act as the appeal body for this Act.

approved form means a form approved by the chief executive.12

at a place includes in or on the place.

board means the Classification Board established under the Commonwealth Act.

bulletin board means a system of electronically stored information accessible by computer through the telecommunications network.

child abuse computer game means a computer game that is an objectionable computer game because it depicts a person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not) in a way likely to cause offence to a reasonable adult.

classified means classified under this Act or the Commonwealth Act.

Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).

Commonwealth gazette means the Commonwealth of Australia gazette.

computer game means--

(a) a computer program and associated data, capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium; or
(b) a computer generated image; or
(c) an interactive film;
but does not include--
(d) a bulletin board; or
(e) an exempt computer game; or
(f) a film that is not an interactive film.

computer games classification officer means the person holding the office of computer games classification officer under the Public Service Act 1996.

computer generated image means electronically recorded data capable, by way of an electronic device, of being produced on a computer monitor, television screen, liquid crystal display or similar medium as an image (including an image in the form of text).

computer program means a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result.

consumer advice means--

(a) for a computer game (other than a computer game that is a film under the Commonwealth Act)--the consumer advice about the computer game decided by the board under the Commonwealth Act; or
(b) for a computer game that is a film under the Commonwealth Act--the consumer advice about the film decided by the board under the Commonwealth Act.

conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court.

deal with includes sell, dispose of and destroy.

demonstrate includes exhibit, display, screen, play and make available for playing.

determined markings means--

(a) for a computer game (other than a computer game that is a film under the Commonwealth Act)--the markings for the computer game determined under the Commonwealth Act; or
(b) for a computer game that is a film under the Commonwealth Act--the markings for the film determined under the Commonwealth Act.13

director means the director of the board.

exempt computer game see section 5 of the Commonwealth Act.14

interactive film means a film in which the way the film proceeds and the result achieved at various stages of the film is decided in response to the decisions, inputs and direct involvement of the user of the film.

objectionable computer game means a computer game, or an advertisement for a computer game, that--

(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence, or revolting or abhorrent phenomena, in a way that offends against standards of morality, decency and propriety generally accepted by reasonable adults; or
(b) depicts a person who is, or who looks like, a child under 16 years (whether the person is engaged in sexual activity or not) in a way likely to cause offence to a reasonable adult; or
(c) promotes, incites or instructs in matters of crime or violence; or
(d) is unsuitable for a minor to view or play; or
(e) for a computer game--is classified RC; or
(f) for an advertisement--is refused approval.

obstruct includes hinder, resist and attempt to obstruct.

occupier, of a place, includes a person who reasonably appears to be the occupier, or in charge, of the place.

on a place or vehicle includes in the place or vehicle.

owner, of a seized thing, includes the person from whom the thing was seized unless the inspector concerned is aware of the actual owner.

person in control, of a vehicle, includes--

(a) the driver of the vehicle; or
(b) the person who reasonably appears to be the driver; or
(c) the person who appears to be, claims to be or acts as if he or she is in control of a vehicle.

place includes premises and a place on land or waters, but does not include a vehicle.

possession, of a computer game, includes--

(a) custody or control of the computer game; and
(b) an ability or right to obtain custody or control of the computer game.

premises includes--

(a) a building or structure, or part of a building or structure; and
(b) the land where a building or structure is situated.

public place means a place that--

(a) the public may use; or
(b) is open to, or used by, the public (whether or not on payment of money).

publish includes sell and demonstrate.

reasonably believes means believes on grounds that are reasonable in all the circumstances.

reasonably suspects means suspects on grounds that are reasonable in all the circumstances.

review board see section 5 of the Commonwealth Act.

sell, for a computer game, means--

(a) sell, whether by wholesale or retail; or
(b) display for sale; or
(c) let on hire; or
(d) exchange; or
(e) distribute; or
(f) offer or agree to do an act mentioned in paragraphs (a) to (e); or
(g) invite to treat or expose for an act mentioned in paragraphs (a) to (e); or
(h) cause or permit to be done an act mentioned in paragraphs (a) to (g).

vehicle includes an aircraft and a ship.



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