South Australian Consolidated Acts

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Objects
   4.      Interpretation
   5.      Exhibition of film
   6.      Application of Act

   PART 2--South Australian Classification Council

   7.      South Australian Classification Council
   8.      Membership
   9.      Remuneration
   10.     Vacancies or defects in appointment of members
   11.     Immunity from personal liability
   12.     Proceedings
   13.     Registrar of Council
   14.     Powers

   PART 3--Classification by South Australian authorities

           Division 1--Types of classifications

   15.     Types of classifications

           Division 2--Classification process

   16.     Classification by Council or Minister
   17.     Relationship with classification under Commonwealth Act
   18.     Classification of publications, films and games in accordance with national code and guidelines
   19.     Matters to be considered in classification
   19AA.   Consideration of television series films
   19A.    Classification of publication forming part of a series
   19B.    Conditions of certain classifications for publications
   20.     Considered form of publication, film or computer game to be final
   21.     Consumer advice for publications, films and computer games
   21A.    Additional content assessment
   22.     Classification of films or computer games containing advertisement
   23.     Declassification of classified films or computer games
   23AA.   Films consisting only of classified films
   23A.    Revocation of classification of films or computer games that are found to contain contentious material
   23AB.   Revocation of classification of television series films
   23B.    Revocation of classification of films containing additional content
   24.     Reclassification
   24A.    Calling in publications, films and computer games

           Division 3--Approval of advertisements

   25.     Application of Division
   26.     Approval of advertisements
   27.     Calling in advertisements

           Division 4--Assessments of likely classifications of unclassified films and unclassified computer games

   27A.    Person may apply for assessment of likely classification of unclassified film or unclassified computer game
   27B.    Council may assess likely classification of film or computer game
   27C.    Revocation of assessment
   27D.    Notice of decisions

   PART 4--Films--exhibition, sale etc

           Division 1--Exhibition of films

   28.     Exhibition of film in public place
   29.     Display of notice about classifications
   30.     Exhibition of RC and X 18+ films
   31.     Prohibition of exhibition of R 18+ or MA 15+ films in certain places
   32.     Attendance of minor at certain films--offence by parents etc
   33.     Attendance of minor at certain films--offence by minor
   34.     Private exhibition of certain films in presence of minor
   35.     Attendance of minor at R 18+ film--offence by exhibitor
   36.     Attendance of minor at MA 15+ film--offence by exhibitor

           Division 2--Sale of films

   37.     Sale of films
   38.     Sale of RC and X 18+ films
   39.     Display of notice about classifications
   40.     Films to bear determined markings and consumer advice
   41.     Keeping unclassified or RC or X 18+ films with other films
   42.     Sale or delivery of certain films to minors

           Division 3--Miscellaneous

   43.     Power to demand particulars and expel minors
   44.     Leaving films in certain places
   45.     Possession or copying of film for purpose of sale or exhibition

   PART 5--Publications--sale, delivery etc

   46.     Sale of unclassified or RC publications
   47.     Category 1 restricted publications
   48.     Category 2 restricted publications
   48A.    Sale or delivery of publications contrary to conditions
   48B.    Consumer advice for publications
   49.     Publications classified unrestricted
   50.     Misleading or deceptive markings
   51.     Sale of certain publications to minors
   52.     Leaving or displaying publications in certain places
   53.     Possession or copying of publication for the purpose of publishing

   PART 6--Computer games--sale, demonstration etc

   54.     Sale or demonstration of computer game in public place
   55.     Display of notice about classification
   56.     Unclassified and RC computer games
   57.     MA 15+ computer games
   58.     Demonstration of unclassified, RC and MA 15+ computer games
   59.     Private demonstration of RC computer games in presence of minor
   60.     Computer games to bear determined markings and consumer advice
   61.     Keeping unclassified or RC computer games with other computer games
   62.     Sale or delivery of certain computer games to minors
   63.     Power to demand particulars and expel unaccompanied minors under 15
   64.     Leaving computer games in certain places
   65.     Possession or copying of computer game for purpose of sale or demonstration

   PART 7--Control of advertising

   66.     Certain advertisements not to be published
   67.     Certain films, publications and computer games not to be advertised
   68.     Screening of advertisements with feature films
   69.     Liability of occupier for certain advertisements
   70.     Sale of feature films with advertisements
   71.     Advertisements with computer games
   72.     Advertisement to contain determined markings and consumer advice
   73.     Misleading or deceptive advertisements
   74.     Advertisements for Category 2 restricted publications
   75.     Classification symbols etc to be published with advertisements

   PART 7A--On-line services

   75A.    Interpretation
   75B.    Application of Part
   75C.    Making available or supplying objectionable matter on on-line service
   75D.    Making available or supplying matter unsuitable for minors on on-line service
   75E.    Recklessness

   PART 8--Exemptions

   76.     Exemption of film, publication, computer game or advertisement
   77.     Exemptions--organisations
   78.     Ministerial directions or guidelines
   79.     Organisation may be approved (section 77(1))
   79A.    Organisation may be approved (section 77(3))

   PART 9--Miscellaneous

   80.     Powers of entry, seizure and forfeiture
   80A.    Powers of authorised persons in Australian Public Service
   80B.    Forfeiture of other seized films, publications and computer games
   80C.    Classification of seized items at request of defendant
   81.     Restricted publications area--construction and management
   82.     Restricted publications area--offences
   83.     Evidence
   83A.    Proof of classification by consent
   83B.    Proof of classification required
   84.     Protection for classified material against prosecutions under indecency etc laws
   85.     Commencement of prosecution for offence
   86.     Proceeding against body corporate
   87.     Employees and agents
   88.     Publication to prescribed person or body
   89.     Service
   90.     Annual report
   91.     Regulations
           SCHEDULE 1--Call-in powers
           SCHEDULE 2--Repeals, transition and consequential amendments
           Legislative history

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