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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Classification (Publications, Films and Computer
Games) (Enforcement) Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--AMENDMENTS CONSEQUENTIAL ON THE
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER
GAMES) AMENDMENT (ASSESSMENTS AND ADVERTISING)
ACT 2008 OF THE COMMONWEALTH 3
4 Definitions inserted 3
5 Insertion of heading 3
6 Certain films and computer games not to be advertised 3
7 Section 48 substituted 4
48 Screening of advertisements with feature films 4
8 Section 49 substituted 5
49 Liability for certain advertisements 5
9 Section 50 substituted 6
50 Sale of feature films with advertisements 6
10 Section 51 substituted 7
51 Advertisements with computer games 7
11 Classification symbols etc. to be published with advertisements 8
12 Calling in advertisements 8
13 New section 87G inserted 8
87G Transitional provisions (2009 amendments) 8
PART 3--REPEAL 10
14 Repeal of Act 10
ENDNOTES 11
561266B.I-5/5/2009 i BILL LA INTRODUCTION 6/5/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Classification (Publications, Films and
Computer Games) (Enforcement)
Amendment Bill 2009
A Bill for an Act to amend the Classification (Publications, Films
and Computer Games) (Enforcement) Act 1995 consequential on
the Classification (Publications, Films and Computer Games)
Amendment (Assessments and Advertising) Act 2008 of the
Commonwealth and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Classification (Publications, Films and
5 Computer Games) (Enforcement) Act 1995 to
make consequential amendments required as a
result of the Classification (Publications, Films
561266B.I-5/5/2009 1 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 1--Preliminary
s. 2
and Computer Games) Amendment (Assessments
and Advertising) Act 2008 of the Commonwealth.
2 Commencement
(1) This Act (except Part 2) comes into operation on
5 the day after the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), Part 2 comes into
operation on a day to be proclaimed.
(3) If Part 2 does not come into operation before
10 1 July 2009, it comes into operation on that day.
3 Principal Act
See: In this Act, the Classification (Publications,
Act No.
90/1995. Films and Computer Games) (Enforcement)
Reprint No. 2 Act 1995 is called the Principal Act.
as at
26 September
2007
and
amending
Act No.
5/2008.
LawToday:
www.
legislation.
vic.gov.au
__________________
561266B.I-5/5/2009 2 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 2--Amendments Consequential on the Classification (Publications,
s. 4
Films and Computer Games) Amendment (Assessments and Advertising) Act
2008 f h C lh
PART 2--AMENDMENTS CONSEQUENTIAL ON THE
CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) AMENDMENT (ASSESSMENTS AND
ADVERTISING) ACT 2008 OF THE COMMONWEALTH
5 4 Definitions inserted
In section 3 of the Principal Act insert the
following definitions--
"Advertising Scheme means the scheme for the
advertising of unclassified films and
10 unclassified computer games that is
determined from time to time under
section 31(1) of the Commonwealth Act;
assessed, in relation to an unclassified film or an
unclassified computer game, means assessed
15 in accordance with the Advertising Scheme
or under section 33 of the Commonwealth
Act;".
5 Insertion of heading
Insert the following heading to section 46 of the
20 Principal Act--
"Publishing of advertisements--approvals
under Commonwealth Act".
6 Certain films and computer games not to be
advertised
25 (1) For section 47(1)(a) of the Principal Act
substitute--
"(a) an unclassified film or an unclassified
computer game otherwise than in accordance
with the conditions on which unclassified
30 films and unclassified computer games may
be advertised that are set out in the
Advertising Scheme; or".
(2) Section 47(1)(e) of the Principal Act is repealed.
561266B.I-5/5/2009 3 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 2--Amendments Consequential on the Classification (Publications,
s. 7
Films and Computer Games) Amendment (Assessments and Advertising) Act
2008 f h C lh
7 Section 48 substituted
For section 48 of the Principal Act substitute--
"48 Screening of advertisements with feature
films
5 A person must not screen in a public place an
advertisement for a film or for a computer
game during a program for the exhibition of
another film (the feature film) unless the
feature film has a classification specified in
10 column 1 of an item in the Table to this
section and the advertised film or computer
game--
(a) has a classification specified opposite it
in column 2 or 3 of that item; or
15 (b) if unclassified, has been assessed as
being likely to be classified at a
classification specified opposite it in
column 2 or 3 of that item.
TABLE
Column 3
Column 1 Column 2 Advertised
Item Feature film Advertised film computer game
1 G G G
2 PG PG or G PG or G
3 M M, PG or G M, PG or G
4 MA 15+ MA 15+, M, PG MA 15+, M, PG
or G or G
5 R 18+ R 18+, MA MA 15+, M, PG
15+, M, PG or G
or G
20 Penalty: in the case of a natural person,
20 penalty units;
in the case of a body corporate,
50 penalty units.".
561266B.I-5/5/2009 4 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 2--Amendments Consequential on the Classification (Publications,
s. 8
Films and Computer Games) Amendment (Assessments and Advertising) Act
2008 f h C lh
8 Section 49 substituted
For section 49 of the Principal Act substitute--
"49 Liability for certain advertisements
(1) A person must not screen in a public place,
5 or so that it can be seen from a public place,
an advertisement for--
(a) a film classified RC, X 18+, R 18+ or
MA 15+; or
(b) a computer game classified RC or
10 MA 15+; or
(c) an unclassified film that has been
assessed as being likely to be classified
RC, X 18+, R 18+ or MA 15+; or
(d) an unclassified computer game that has
15 been assessed as being likely to be
classified RC or MA 15+.
Penalty: in the case of a natural person,
20 penalty units;
in the case of a body corporate,
20 50 penalty units.
(2) Subsection (1) is not contravened by reason
only of--
(a) the screening of an advertisement for a
film or computer game that is
25 classified, or has been assessed as being
likely to be classified, MA 15+ during a
program for the exhibition of a film
classified R 18+ or MA 15+; or
(b) the screening of an advertisement for a
30 film that is classified, or has been
assessed as being likely to be classified,
R 18+ during a program for the
exhibition of a film classified R 18+; or
561266B.I-5/5/2009 5 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 2--Amendments Consequential on the Classification (Publications,
s. 9
Films and Computer Games) Amendment (Assessments and Advertising) Act
2008 f h C lh
(c) the screening in a restricted
publications area of an advertisement
for--
(i) a film that is classified, or has
5 been assessed as being likely to be
classified, R 18+ or MA 15+; or
(ii) a computer game that is classified,
or has been assessed as being
likely to be classified, MA 15+.".
10 9 Section 50 substituted
For section 50 of the Principal Act substitute--
"50 Sale of feature films with advertisements
A person must not sell a film (the feature
film) that is accompanied by an
15 advertisement for another film or for a
computer game unless the feature film has a
classification specified in column 1 of an
item in the Table to this section and the
advertised film or computer game--
20 (a) has a classification specified opposite it
in column 2 or 3 of that item; or
(b) if unclassified, has been assessed as
being likely to be classified at a
classification specified opposite it in
25 column 2 or 3 of that item.
TABLE
Column 3
Column 1 Column 2 Advertised
Item Feature film Advertised film computer game
1 G G G
2 PG PG or G PG or G
3 M M, PG or G M, PG or G
4 MA 15+ MA 15+, M, PG MA 15+, M, PG
or G or G
561266B.I-5/5/2009 6 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 2--Amendments Consequential on the Classification (Publications,
s. 10
Films and Computer Games) Amendment (Assessments and Advertising) Act
2008 f h C lh
Column 3
Column 1 Column 2 Advertised
Item Feature film Advertised film computer game
5 R 18+ R 18+, MA MA 15+, M, PG
15+, M, PG or G
or G
Penalty: in the case of a natural person,
20 penalty units;
in the case of a body corporate,
50 penalty units.".
5 10 Section 51 substituted
For section 51 of the Principal Act substitute--
"51 Advertisements with computer games
A person must not sell a computer game (the
main game) that is accompanied by an
10 advertisement for another computer game or
for a film unless the main game has a
classification specified in column 1 of an
item in the Table to this section and the
advertised computer game or film--
15 (a) has a classification specified opposite it
in column 2 or 3 of that item; or
(b) if unclassified, has been assessed as
being likely to be classified at a
classification specified opposite it in
20 column 2 or 3 of that item.
TABLE
Column 2
Column 1 Advertised Column 3
Item Main game computer game Advertised film
1 G G G
2 PG PG or G PG or G
3 M M, PG or G M, PG or G
561266B.I-5/5/2009 7 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 2--Amendments Consequential on the Classification (Publications,
s. 11
Films and Computer Games) Amendment (Assessments and Advertising) Act
2008 f h C lh
Column 2
Column 1 Advertised Column 3
Item Main game computer game Advertised film
4 MA 15+ MA 15+, M, PG MA 15+, M, PG
or G or G
Penalty: in the case of a natural person,
20 penalty units;
in the case of a body corporate,
50 penalty units.".
5 11 Classification symbols etc. to be published with
advertisements
(1) For section 55(a) of the Principal Act
substitute--
"(a) a classified film; or".
10 (2) For section 55(c) of the Principal Act
substitute--
"(c) a classified computer game--".
12 Calling in advertisements
In section 62(1)(b) of the Principal Act omit
15 "classified".
13 New section 87G inserted
After section 87F of the Principal Act insert--
"87G Transitional provisions (2009
amendments)
20 (1) An amendment of this Act made by Part 2 of
the Classification (Publications, Films and
Computer Games) (Enforcement)
Amendment Act 2009 applies to--
(a) an advertisement published or screened;
25 or
561266B.I-5/5/2009 8 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 2--Amendments Consequential on the Classification (Publications,
s. 13
Films and Computer Games) Amendment (Assessments and Advertising) Act
2008 f h C lh
(b) an advertisement that accompanies a
film or computer game sold--
on or after the commencement of Part 2 of
that Act.
5 (2) If a certificate of exemption in relation to an
unclassified film has been granted under
section 33 of the Commonwealth Act as in
force before its repeal by the Classification
(Publications, Films and Computer Games)
10 Amendment (Assessments and Advertising)
Act 2008 of the Commonwealth, a person
does not commit an offence against Part 5 of
this Act by reason only of advertising the
film in accordance with the conditions, if
15 any, determined under section 35 of the
Commonwealth Act as in force before its
repeal.
(3) Subsection (2) is subject to the regulations, if
any, made under item 13 of Schedule 1 to the
20 Classification (Publications, Films and
Computer Games) Amendment
(Assessments and Advertising) Act 2008 of
the Commonwealth.".
__________________
561266B.I-5/5/2009 9 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Part 3--Repeal
s. 14
PART 3--REPEAL
14 Repeal of Act
This Act is repealed on 1 July 2010.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561266B.I-5/5/2009 10 BILL LA INTRODUCTION 6/5/2009
Classification (Publications, Films and Computer Games) (Enforcement)
Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561266B.I-5/5/2009 11 BILL LA INTRODUCTION 6/5/2009
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