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CLASSIFICATION OF COMPUTER GAMES AND IMAGES ACT 1995 - SCHEDULE 2

CLASSIFICATION OF COMPUTER GAMES AND IMAGES ACT 1995 - SCHEDULE 2

SCHEDULE 2 – Dictionary


"advertisement" , for a computer game, has the meaning given by the Commonwealth Act , section 5, definition
"advertisement" , to the extent the definition relates to an advertisement for a computer game.


"appeal body" ...


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


"at" a place includes in or on the place.


"board" means the Classification Board established under the Commonwealth Act.


"bulletin board" ...


"CCT" ...


"CCT Act" ...


"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 or reclassified under 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" see the Commonwealth Act, section 5A .


"computer games classification officer" ...


"computer-generated image" ...


"computer program" ...


"consumer advice" means the consumer advice about the computer game decided by the board under the Commonwealth Act.

Note—
Under the Commonwealth Act , section 22CF(5), particular consumer advice determined by an approved classification tool is taken to be consumer advice determined by the board under section 20 of that Act.

"convenor" means the convenor of the review board.


"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 the markings determined under the Commonwealth Act.


"director" means the director of the board.


"exempt computer game" see the Commonwealth Act , section 5.


"inspector" means a person appointed to be an inspector under section 30(1).


"interactive film" ...


"objectionable computer game"
(a) means a computer game, or an advertisement for a computer game, that—
(i) 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
(ii) 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
(iii) promotes, incites or instructs in matters of crime or violence; or
(iv) for a computer game—is classified RC; or
(v) for an advertisement—is refused approval under the Commonwealth Act, section 29 ; but
(b) does not include a computer game that is classified, or if it were classified, would be classified, as an R 18+ computer game.

"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.


"ordinance" ...


"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.


"relevant showing" has the meaning given by the Commonwealth Act , sections 6C and 6E.


"review board" see the Commonwealth Act , section 5.


"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).

"subject to a conditional cultural exemption" has the meaning given by the Commonwealth Act , section 5.


"vehicle" includes an aircraft and a ship.