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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) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definition inserted 2
5. Sale of commercial quantity of RC or X films 2
6. New section 23A inserted 3
23A. Possession or copying of commercial quantity of RC or
X films 3
7. Sale of commercial quantity of RC publications 5
8. Category 1 restricted publications 5
9. Possession or copying of commercial quantity of RC publications 6
10. Sale of commercial quantity of RC computer games 6
11. New section 45A inserted 7
45A. Possession or copying of commercial quantity of RC
computer games 7
12. Forfeiture 8
13. New section 75A inserted 9
75A. Forfeiture--commercial quantity 10
14. Penalty against body corporate 11
15. New section 87A inserted 11
87A. Transitional provisions (1998 amendments) 11
16. Amendment of Confiscation Act 1997 11
17. Amendment of Magistrates' Court Act 1989 12
NOTES 13
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PARLIAMENT OF VICTORIA
A BILL
to amend the Classification (Publications, Films and Computer
Games) (Enforcement) Act 1995 and for other purposes.
Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Classification (Publications, Films and
Computer Games) (Enforcement) Act 1995--
5 (a) to create offences in respect of commercial
quantities of certain prohibited material; and
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(b) to provide further for forfeiture of seized
items; and
(c) to require all Category 1 restricted
publications to be sold in sealed, plain,
5 opaque packages; and
(d) to increase penalties against bodies
corporate.
2. Commencement
(1) Sections 1, 3, 16 and this section come into
10 operation on the day on which this Act receives
the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 July 1998.
3. Principal Act
Act No.
15 In this Act, the Classification (Publications,
90/1995.
Films and Computer Games) (Enforcement)
Act 1995 is called the Principal Act.
4. Definition inserted
In section 3 of the Principal Act, after the
20 definition of "Code" insert--
' "commercial quantity", in relation to
publications, films or computer games,
means not less than 50 copies, whether of
one or more than one publication, film or
25 computer game;'.
5. Sale of commercial quantity of RC or X films
At the end of section 15 of the Principal Act
insert--
"(2) A person must not sell a commercial
30 quantity of--
(a) films classified X; or
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(b) unclassified films which would, if
classified, be classified X; or
(c) films that are a mixture of films
referred to in paragraphs (a) and (b).
5 Penalty: 240 penalty units.
(3) A person must not sell a commercial
quantity of--
(a) films classified RC; or
(b) unclassified films which would, if
10 classified, be classified RC; or
(c) films that are a mixture of films
referred to in paragraphs (a) and (b).
Penalty: 1200 penalty units or
imprisonment for 10 years.
15 (4) An offence against sub-section (3) is an
indictable offence.".
6. New section 23A inserted
After section 23 of the Principal Act insert--
"23A. Possession or copying of commercial
20 quantity of RC or X films
(1) A person who possesses a commercial
quantity of--
(a) films classified RC; or
(b) unclassified films which would, if
25 classified, be classified RC; or
(c) films that are a mixture of films
referred to in paragraphs (a) and (b)--
with the intention of selling or exhibiting the
films is guilty of an indictable offence.
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(2) A person who copies a commercial quantity
of--
(a) films classified RC; or
(b) unclassified films which would, if
5 classified, be classified RC; or
(c) films that are a mixture of films
referred to in paragraphs (a) and (b)--
with the intention of selling or exhibiting the
films or the copies is guilty of an indictable
10 offence.
(3) A person who is guilty of an offence against
sub-section (1) or (2) is liable to a term of
imprisonment not exceeding 10 years or to a
fine not exceeding 1200 penalty units.
15 (4) A person who possesses a commercial
quantity of--
(a) films classified X; or
(b) unclassified films which would, if
classified, be classified X; or
20 (c) films that are a mixture of films
referred to in paragraphs (a) and (b)--
with the intention of selling or exhibiting the
films is guilty of an offence.
(5) A person who copies a commercial quantity
25 of--
(a) films classified X; or
(b) unclassified films which would, if
classified, be classified X; or
(c) films that are a mixture of films
30 referred to in paragraphs (a) and (b)--
with the intention of selling or exhibiting the
films or the copies is guilty of an offence.
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(6) A person who is guilty of an offence against
sub-section (4) or (5) is liable to a fine not
exceeding 240 penalty units.
(7) In proceedings for an offence against a
5 provision of this section, evidence that a
person made 50 or more copies of an
unclassified film is evidence that the person
intended to sell or exhibit the films and, in
the absence of evidence to the contrary, is
10 proof of that fact.".
7. Sale of commercial quantity of RC publications
At the end of section 25 of the Principal Act
insert--
"(4) A person must not sell a commercial
15 quantity of--
(a) publications classified RC; or
(b) unclassified publications which would,
if classified, be classified RC; or
(c) publications that are a mixture of
20 publications referred to in paragraphs
(a) and (b).
Penalty: 1200 penalty units or
imprisonment for 10 years.
(5) An offence against sub-section (4) is an
25 indictable offence.".
8. Category 1 restricted publications
In section 26 of the Principal Act, for sub-section
(1) substitute--
'(1) A person must not sell or deliver a
30 publication classified Category 1 restricted
unless--
(a) it is contained in a sealed package made
of plain, opaque material; and
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(b) both the publication and the package
bear the determined markings.
Penalty: 60 penalty units or imprisonment
for 6 months.
5 (1A) For the purposes of sub-section (1), "plain"
does not include the title of the publication.'.
9. Possession or copying of commercial quantity of RC
publications
In section 31 of the Principal Act, after sub-
10 section (2) insert--
"(3) A person must not possess or copy a
commercial quantity of--
(a) publications classified RC; or
(b) unclassified publications which would,
15 if classified, be classified RC; or
(c) publications that are a mixture of
publications referred to in paragraphs
(a) and (b)--
with the intention of selling the publications
20 or the copies.
Penalty: 1200 penalty units or
imprisonment for 10 years.
(4) An offence against sub-section (3) is an
indictable offence.".
25 10. Sale of commercial quantity of RC computer games
At the end of section 36 of the Principal Act
insert--
"(3) A person must not sell a commercial
quantity of--
30 (a) computer games classified RC; or
(b) unclassified computer games which
would, if classified, be classified RC; or
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(c) computer games that are a mixture of
computer games referred to in
paragraphs (a) and (b).
Penalty: 1200 penalty units or
5 imprisonment for 10 years.
(4) An offence against sub-section (3) is an
indictable offence.".
11. New section 45A inserted
After section 45 of the Principal Act insert--
10 "45A. Possession or copying of commercial
quantity of RC computer games
(1) A person must not possess a commercial
quantity of--
(a) computer games classified RC; or
15 (b) unclassified computer games which
would, if classified, be classified RC; or
(c) computer games that are a mixture of
computer games referred to in
paragraphs (a) and (b)--
20 with the intention of selling or demonstrating
the computer games.
Penalty: 1200 penalty units or
imprisonment for 10 years.
(2) A person must not copy a commercial
25 quantity of--
(a) computer games classified RC; or
(b) unclassified computer games which
would, if classified, be classified RC; or
(c) computer games that are a mixture of
30 computer games referred to in
paragraphs (a) and (b)--
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with the intention of selling or demonstrating
the computer games or the copies.
Penalty: 1200 penalty units or
imprisonment for 10 years.
5 (3) An offence against sub-section (1) or (2) is
an indictable offence.
(4) In proceedings for an offence against a
provision of this section, evidence that a
person made 50 or more copies of an
10 unclassified computer game is evidence that
the person intended to sell or demonstrate
the computer games and, in the absence of
evidence to the contrary, is proof of that
fact.".
15 12. Forfeiture
(1) In section 75 of the Principal Act--
(a) in sub-section (3), for "6" substitute "12";
(b) in sub-section (4), for "28" substitute "60";
(c) in sub-section (5)--
20 (i) after "sub-section" insert "(3B) or";
and
(ii) for "6" substitute "12".
(2) In section 75 of the Principal Act, after sub-
section (3) insert--
25 "(3A) If a film, publication or computer game,
other than one referred to in sub-section
(3)(a), (b) or (c), has been lawfully seized by
a member of the police force and the
member believes on reasonable grounds that
30 a person, other than a person charged with an
offence in relation to the seized item, is the
owner of the seized item, the member must
give notice in writing to the person of--
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(a) the date and place of seizure; and
(b) the nature of the seized item.
(3B) A person to whom notice is given under sub-
section (3A) may apply within 60 days after
5 the notice to the Magistrates' Court for the
return of the film, publication or computer
game.".
(3) In section 75 of the Principal Act, after sub-
section (4) insert--
10 "(4A) An applicant under sub-section (4) must give
notice in writing of the application to the
Chief Commissioner of Police containing--
(a) the name and address of the applicant;
and
15 (b) the address of the premises from which
the film, publication or computer game
was seized; and
(c) the date of seizure; and
(d) the nature of the seized item the return
20 of which is sought.".
(4) In section 75(6) of the Principal Act, after
"Minister" insert "or, if a court orders the
forfeiture, as directed by the court".
(5) In section 75(7) of the Principal Act, after
25 "Minister" insert "or court".
13. New section 75A inserted
After section 75 of the Principal Act insert--
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Act No.
"75A. Forfeiture--commercial quantity
(1) If a person is found guilty of an offence in
relation to a commercial quantity of films,
publications or computer games, any other
5 film, publication or computer game that was
seized at the same time from the same
premises as the commercial quantity is
forfeited to the Crown at the expiry of 30
days after the finding of guilt unless the
10 Magistrates' Court makes an order under
sub-section (4).
(2) If an application for an order under sub-
section (4) is made within the period of 30
days referred to in sub-section (1), the
15 operation of sub-section (1) is suspended
until the application is determined.
(3) An applicant for an order under sub-section
(4) must give notice of the application to the
Chief Commissioner of Police.
20 (4) If the Magistrates' Court is satisfied that--
(a) the applicant is the owner of a film,
publication or computer game seized at
the same time from the same premises
as a commercial quantity; and
25 (b) the seized item is classified with a
classification other than RC or, in the
case of a film, RC or X--
the Magistrates' Court may make an order
that the item be returned to the applicant and
30 that the applicant's costs (including costs of
classification) be paid by the Chief
Commissioner.
(5) Subject to sub-section (6), a film, publication
or computer game which is forfeited under
35 this section may be destroyed or otherwise
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dealt with as directed by the Minister or the
Magistrates' Court.
(6) The Minister or court must not direct the
destruction of a film, publication or
5 computer game before the expiry of the time
allowed for instituting an appeal against a
refusal to make an order under sub-section
(4) or, if an appeal is lodged within that time,
before the determination of the appeal.".
10 14. Penalty against body corporate
In section 80(3) of the Principal Act--
(a) for "2 times" substitute "5 times";
(b) omit ", to a maximum of 240 penalty units".
15. New section 87A inserted
15 In Part 11 of the Principal Act, after section 87
insert--
"87A. Transitional provisions (1998 amendments)
(1) The amendment of section 75 made by a
provision of section 12 of the Classification
20 (Publications, Films and Computer
Games) (Enforcement) (Amendment) Act
1998 applies to a publication, film or
computer game seized before or after the
commencement of that provision.
25 (2) An amendment of this Act made by any
other provision of the Classification
(Publications, Films and Computer
Games) (Enforcement) (Amendment) Act
1998 applies to a publication, film or
30 computer game seized after the
commencement of that provision.".
16. Amendment of Confiscation Act 1997
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Act No.
In Schedule 1 to the Confiscation Act 1997, in
item 5--
(a) in paragraph (c), after "15" insert "(1) or (2)";
(b) after paragraph (d) insert--
5 "(da) section 23A(4) or (5) (possession or copying of
commercial quantity of X films);".
17. Amendment of Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989, after item 37 insert--
10 "38. Commercial quantity of RC publications, films or
computer games
Offences under sections 15(3), 23A(1), 23A(2),
25(4), 31(3), 36(3), 45A(1) and 45A(2) of the
Classification (Publications, Films and Computer
15 Games) (Enforcement) Act 1995.".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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