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TASMANIA
__________
CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT
AMENDMENT BILL 2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4A inserted
4A. Films contained on devices consisting only of
classified films
6. Section 20 amended (Requirements for exhibiting film in public
place)
7. Section 33 amended (Classified film not to be sold or delivered
under different title or in altered form)
8. Section 66B amended (Obtaining copies for review)
9. Part 7: Heading amended
10. Section 67AA inserted
67AA. Interpretation
[Bill 35]-X
11. Section 67 amended (Exemption of film, publication, computer
game or advertisement)
12. Section 68 substituted
68. Exemption of approved organisation for activities or
functions
13. Section 69 amended (How does an organisation become an
approved organisation?)
14. Section 70 amended (Approved organisation may apply for
exemption)
15. Section 78 amended (Evidence)
16. Section 88C inserted
88C. Transitional provisions (2008 amendments)
PART 3 CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
FURTHER AMENDED
17. Principal Act
18. Section 3 amended (Interpretation)
19. Section 57 amended (Certain advertisements for films,
publications and computer games not to be published)
20. Section 58 amended (Advertisement for classified film not to be
screened during public exhibition of other film of lower
classification)
21. Section 59 amended (Classified film not to be sold or delivered
with advertisement for film of higher classification)
22. Section 59A inserted
59A. Advertisement for unclassified film to be in
accordance with Advertising Scheme
23. Section 60 amended (Classified computer game not to be sold,
delivered or demonstrated with advertisement for computer
game of higher classification)
24. Section 60A inserted
60A. Advertisement for unclassified computer game to be
in accordance with Advertising Scheme
25. Section 66 amended (Board may call in advertisement)
2
CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT
AMENDMENT BILL 2008
(Brought in by the Minister for Justice, the Honourable David
Edward Llewellyn)
A BILL FOR
An Act to amend the Classification (Publications, Films and
Computer Games) Enforcement Act 1995 consequent on
certain amendments made to the Classification
(Publications, Films and Computer Games) Act 1995 of the
Commonwealth and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Classification
(Publications, Films and Computer Games)
Enforcement Amendment Act 2008.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
[Bill 35] 3
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
s. 2 Part 1 Preliminary
(2) Part 3 commences on a day to be proclaimed.
4
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
Part 2 Classification (Publications, Films and Computer Games) s. 3
Enforcement Act 1995 Amended
PART 2 CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
3. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "approved
form" and substituting the following
definition:
"approved form" means a form
approved under section 8A of the
Commonwealth Act;
(b) by inserting the following definition after
the definition of "contentious material":
"Convenor" means the Convenor of
the Review Board appointed
under section 74 of the
Commonwealth Act;
*No. 105 of 1995
5
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
s. 5 Part 2 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Amended
5. Section 4A inserted
After section 4 of the Principal Act, the
following section is inserted in Part 1:
4A. Films contained on devices consisting only of
classified films
Despite any other provision of this Act, a
film that
(a) is contained on one device; and
(b) consists only of 2 or more
classified films
is to be treated for the purposes of this
Act as if each of the classified films were
on a separate device.
6. Section 20 amended (Requirements for exhibiting
film in public place)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting "A person" and substituting
"(1) A person";
(b) by inserting the following subsection:
(2) Subsection (1) is not contravened
by reason only of the exhibition
of a film
6
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
Part 2 Classification (Publications, Films and Computer Games) s. 7
Enforcement Act 1995 Amended
(a) under a title different
from that under which it
is classified if it is
contained on one device
that consists only of 2 or
more classified films; or
(b) with a modification
referred to in section
21(2) of the
Commonwealth Act.
7. Section 33 amended (Classified film not to be sold
or delivered under different title or in altered form)
Section 33 of the Principal Act is amended as
follows:
(a) by omitting "A person" and substituting
"(1) A person";
(b) by inserting the following subsection:
(2) Subsection (1) is not contravened
by reason only of the sale or
delivery of a classified film
(a) under a title different
from that under which it
is classified if it is
contained on one device
that consists only of 2 or
more classified films; or
7
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
s. 8 Part 2 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Amended
(b) with a modification
referred to in section
21(2) of the
Commonwealth Act.
8. Section 66B amended (Obtaining copies for review)
Section 66B(1) of the Principal Act is amended
by omitting "Director" and substituting
"Convenor".
9. Part 7: Heading amended
Part 7 of the Principal Act is amended by
omitting "FOR FILMS" from the heading to
that Part.
10. Section 67AA inserted
Before section 67 of the Principal Act, the
following section is inserted in Part 7:
67AA. Interpretation
In this Part
"approved organisation" means an
organisation approved under
section 69.
8
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
Part 2 Classification (Publications, Films and Computer Games) s. 11
Enforcement Act 1995 Amended
11. Section 67 amended (Exemption of film,
publication, computer game or advertisement)
Section 67 of the Principal Act is amended by
omitting "film." and substituting "film,
publication, computer game or advertisement.".
12. Section 68 substituted
Section 68 of the Principal Act is repealed and
the following section is substituted:
68. Exemption of approved organisation for
activities or functions
The Minister or Director may, on
application under section 70, direct in
writing that this Act does not apply, or
that specified provisions of this Act do
not apply, to the extent and subject to any
condition specified in the direction, to an
approved organisation in relation to
(a) the exhibition of a film, or
demonstration of a computer
game, at an event specified in the
direction; or
(b) all or any of the approved
organisation's activities or
functions as they relate to films or
computer games.
9
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
s. 13 Part 2 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Amended
13. Section 69 amended (How does an organisation
become an approved organisation?)
Section 69 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "this
Part." and substituting "section 68.";
(b) by omitting from subsection (4)(c)
"films;" and substituting "films or the
demonstration of computer games;";
(c) by omitting from subsection (4)(d)
"films" and substituting "films, or the
demonstration of computer games,".
14. Section 70 amended (Approved organisation may
apply for exemption)
Section 70 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "The
application" and substituting "An
application for an exemption under
section 68(a)";
(b) by omitting paragraph (b) from
subsection (2) and substituting the
following paragraph:
(b) specify the film or computer
game which the organisation
10
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
Part 2 Classification (Publications, Films and Computer Games) s. 14
Enforcement Act 1995 Amended
intends to exhibit or demonstrate
and specify the event at which the
film or computer game is to be
exhibited or demonstrated; and
(c) by omitting from subsection (2)(c)(i)
"film;" and substituting "film or
computer game;";
(d) by omitting from subsection (2)(c)(ii)
"fee." and substituting "fee, if any.";
(e) by inserting the following subsections
after subsection (2):
(2A) An application for an exemption
under section 68(b) is to
(a) be in writing; and
(b) specify the extent of the
exemption sought; and
(c) be accompanied by the
prescribed fee, if any.
(2B) The Minister or Director may
require the applicant organisation
to provide such information or
evidence as the Minister or
Director requires in order to
consider the application.
11
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
s. 15 Part 2 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Amended
15. Section 78 amended (Evidence)
Section 78(1)(a) of the Principal Act is amended
by omitting "Director or Deputy Director" and
substituting "Director, Deputy Director or
Convenor".
16. Section 88C inserted
After section 88B of the Principal Act, the
following section is inserted in Division 2:
88C. Transitional provisions (2008 amendments)
Each of the following provisions applies
to a film whether the film is published
before or after the commencement of that
provision:
(a) section 4A;
(b) section 20(2);
(c) section 33(2).
12
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
Part 3 Classification (Publications, Films and Computer Games) s. 17
Enforcement Act 1995 Further Amended
PART 3 CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
FURTHER AMENDED
17. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
18. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of "advertisement"
the following definition:
"Advertising Scheme" means the scheme
determined from time to time under
section 31 of the Commonwealth Act;
19. Section 57 amended (Certain advertisements for
films, publications and computer games not to be
published)
Section 57(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d) "film,
other than a film in relation to which a
*No. 105 of 1995
13
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
s. 20 Part 3 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Further Amended
certificate of exemption has been granted
under section 32 of the Commonwealth
Act;" and substituting "film, if the
advertisement contravenes the
Advertising Scheme;";
(b) by omitting from paragraph (f) "game."
and substituting "game, if the
advertisement contravenes the
Advertising Scheme.".
20. Section 58 amended (Advertisement for classified
film not to be screened during public exhibition of
other film of lower classification)
Section 58 of the Principal Act is amended as
follows:
(a) by inserting "classified" after "for a";
(b) by inserting "classified" after "another".
21. Section 59 amended (Classified film not to be sold
or delivered with advertisement for film of higher
classification)
Section 59 of the Principal Act is amended as
follows:
(a) by inserting "classified" after "delivered,
a";
14
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
Part 3 Classification (Publications, Films and Computer Games) s. 22
Enforcement Act 1995 Further Amended
(b) by inserting "classified" after "another".
22. Section 59A inserted
After section 59 of the Principal Act, the
following section is inserted in Part 5:
59A. Advertisement for unclassified film to be in
accordance with Advertising Scheme
(1) A person must not screen in a public
place an advertisement for an
unclassified film during a program for
the exhibition of a classified film if the
advertisement contravenes the
Advertising Scheme.
Penalty: Fine not exceeding 20 penalty
units.
(2) A person must not sell or deliver, or
cause to be sold or delivered, a classified
film that is accompanied by an
advertisement for an unclassified film if
the advertisement contravenes the
Advertising Scheme.
Penalty: Fine not exceeding 20 penalty
units.
23. Section 60 amended (Classified computer game not
to be sold, delivered or demonstrated with
15
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
s. 24 Part 3 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Further Amended
advertisement for computer game of higher
classification)
Section 60 of the Principal Act is amended as
follows:
(a) by omitting "sell or deliver," and
substituting "sell, deliver or
demonstrate,";
(b) by omitting "sold or delivered," and
substituting "sold, delivered or
demonstrated,";
(c) by inserting "classified" after
"demonstrated, a";
(d) by inserting "classified" after "another".
24. Section 60A inserted
After section 60 of the Principal Act, the
following section is inserted in Part 5:
60A. Advertisement for unclassified computer
game to be in accordance with Advertising
Scheme
A person must not sell, deliver or
demonstrate, or cause or permit to be
sold, delivered or demonstrated, a
classified computer game that is
accompanied by an advertisement for an
unclassified computer game if the
16
Classification (Publications, Films and Computer Games)
Enforcement Amendment Act 2008
Act No. of
Part 3 Classification (Publications, Films and Computer Games) s. 25
Enforcement Act 1995 Further Amended
advertisement contravenes the
Advertising Scheme.
Penalty: Fine not exceeding 20 penalty
units.
25. Section 66 amended (Board may call in
advertisement)
Section 66(1)(a) of the Principal Act is amended
by omitting "classified".
Government Printer, Tasmania 17