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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 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENT OF THE CLASSIFICATION
(PUBLICATIONS, FILMS AND COMPUTER GAMES)
(ENFORCEMENT) ACT 1995 3
4. Definitions 3
5. New section 5 substituted 4
5. Application of Act 4
6. Determined markings and consumer advice 4
7. Category 1 restricted publications 5
8. Category 2 restricted publications 5
9. New sections 27A and 27B inserted 6
27A. Sale or delivery of publications contrary to conditions 6
27B. Consumer advice for Unrestricted publications 6
10. Misleading or deceptive marking 7
11. Computer games to bear determined markings and consumer
advice 7
12. Advertisements 8
13. New section 60A inserted 10
60A. Calling in films for classification 10
14. Calling in computer games for classification 11
15. New sections 62A and 62B inserted 11
62A. Calling in a publication, film or computer game for
reclassification 11
62B. Obtaining copies for review 12
16. New section 57A inserted 13
57A. Publication or transmission of child pornography 13
17. New section 87B inserted 13
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Clause Page
87B. Transitional provisions (2001 amendments) 13
18. Amendment of section 87B 13
PART 3--AMENDMENT OF OTHER ACTS 15
19. Amendment of Magistrates' Court Act 1989 15
40. Publication or transmission of child pornography 15
20. Amendment of Crimes Act 1958 15
ENDNOTES 17
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541224B.I1-20/9/2001 BILL LA CIRCULATION 20/9/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 19 September 2001
A BILL
to amend the Classification (Publications, Films and Computer
Games) (Enforcement) Act 1995 mainly as a consequence of
amendments to the Classification (Publications, Films and Computer
Games) Act 1995 of the Commonwealth, to amend the Magistrates'
Court Act 1989 and the Crimes Act 1958 and for other purposes.
Classification (Publications, Films and
Computer Games) (Enforcement)
(Amendment) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
s. 2
Act No.
(a) to amend the Classification (Publications,
Films and Computer Games)
(Enforcement) Act 1995 as a consequence
of amendments to the Classification
5 (Publications, Films and Computer Games)
Act 1995 of the Commonwealth; and
(b) to make miscellaneous amendments to that
Act, the Magistrates' Court Act 1989 and
the Crimes Act 1958.
10 2. Commencement
(1) This Part and sections 16, 17, 19 and 20 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
15 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 23 March 2002, it
comes into operation on that day.
20 3. Principal Act
See: In this Act, the Classification (Publications,
Act No.
Films and Computer Games) (Enforcement)
90/1995
Reprint No. 1 Act 1995 is called the Principal Act.
as at
1 January
1999.
LawToday:
www.dms.
dpc.vic.
gov.au
_______________
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
s. 4
Act No.
PART 2--AMENDMENT OF THE CLASSIFICATION
(PUBLICATIONS, FILMS AND COMPUTER GAMES)
(ENFORCEMENT) ACT 1995
4. Definitions
5 In section 3 of the Principal Act--
(a) for the definition of "contentious material"
substitute--
' "contentious material has the same
meaning as in the Commonwealth
10 Act;';
(b) after the definition of "Director" insert--
' "exempt computer game" has the same
meaning as in the Commonwealth Act;
"exempt film" has the same meaning as in
15 the Commonwealth Act;';
(c) after the definition of "guardian" insert--
' "international flight", in relation to an
aircraft, means a flight that passes
through the air space over the territory
20 of more than one country and includes
any part of the flight that may occur
within Australia;
"international voyage", in relation to a
vessel, means a voyage, whether direct
25 or indirect, between a place in Australia
and a place outside Australia and
includes any part of the voyage that
may occur within Australia;';
(d) in the definition of "place", after "aircraft"
30 insert "(except a vessel on an international
voyage or an aircraft on an international
flight)";
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(Enforcement) (Amendment) Act 2001
s. 5
Act No.
(e) after the definition of "restricted publications
area" insert--
' "Review Board" means the Classification
Review Board established by the
5 Commonwealth Act;';
(f) for the definition of "submittable
publication" substitute--
' "submittable publication" has the same
meaning as in the Commonwealth Act
10 and includes a publication called in by
the Director under section 60.'.
5. New section 5 substituted
For section 5 of the Principal Act substitute--
"5. Application of Act
15 This Act does not apply to--
(a) exempt films or exempt computer
games; or
(b) broadcasting services to which the
Broadcasting Services Act 1992 of the
20 Commonwealth applies.".
6. Determined markings and consumer advice
In section 18 of the Principal Act, for
sub-section (4) substitute--
"(4) If--
25 (a) a film is reclassified under section 39 or
97A of the Commonwealth Act; or
(b) the Board revokes a classification or
consumer advice for a film under
section 22B(3) of that Act--
30 display of the determined markings and
consumer advice applicable to the film
before that reclassification or revocation is
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
s. 7
Act No.
sufficient compliance with this section for a
period of 14 days after the decision to
reclassify or revoke takes effect.".
7. Category 1 restricted publications
5 (1) In section 26(2) of the Principal Act, for "If"
substitute "Subject to any condition imposed by
the Board under section 13A(2) of the
Commonwealth Act, if".
(2) In section 26 of the Principal Act, for
10 sub-section (3) substitute--
"(3) If--
(a) a publication is reclassified under
section 39 or 97A of the
Commonwealth Act; or
15 (b) the Board revokes a classification for a
publication under section 22B(3) of that
Act--
it is sufficient compliance with
sub-section (1) for a period of 14 days after
20 the decision to reclassify or revoke takes
effect if the publication bears the determined
markings applicable to the publication before
that reclassification or revocation.".
8. Category 2 restricted publications
25 In section 27 of the Principal Act, for
sub-section (3) substitute--
"(3) If--
(a) a publication is reclassified under
section 39 or 97A of the
30 Commonwealth Act; or
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(Enforcement) (Amendment) Act 2001
s. 9
Act No.
(b) the Board revokes a classification for a
publication under section 22B(3) of that
Act--
it is sufficient compliance with
5 sub-section (1)(d) for a period of 14 days
after the decision to reclassify or revoke
takes effect if the publication bears the
determined markings applicable to the
publication before that reclassification or
10 revocation.".
9. New sections 27A and 27B inserted
After section 27 of the Principal Act insert--
"27A. Sale or delivery of publications contrary to
conditions
15 If a publication is classified Unrestricted or
Category 1 restricted subject to a condition
imposed under section 13A of the
Commonwealth Act, a person must not sell
or deliver the publication except in
20 accordance with that condition.
Penalty: 60 penalty units or imprisonment
for 6 months.
27B. Consumer advice for Unrestricted
publications
25 A person must not sell a publication
classified Unrestricted in respect of which
the Board has determined consumer advice
under section 20(2) of the Commonwealth
Act unless the consumer advice is displayed
30 on the publication or the packaging of the
publication.
Penalty: 60 penalty units or imprisonment
for 6 months.".
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
s. 10
Act No.
10. Misleading or deceptive marking
In section 28 of the Principal Act, for
sub-section (3) substitute--
"(3) If--
5 (a) a publication is reclassified under
section 39 or 97A of the
Commonwealth Act; or
(b) the Board revokes a classification for a
publication under section 22B(3) of that
10 Act--
it is sufficient compliance with this section
for a period of 14 days after the decision to
reclassify or revoke takes effect if the
publication bears the determined markings
15 applicable to the publication before that
reclassification or revocation.".
11. Computer games to bear determined markings and
consumer advice
(1) In section 40 of the Principal Act, after
20 sub-section (3) insert--
"(3A) A person must not make a computer game
available for playing on a pay and play basis
(for example, a coin operated arcade game)
unless the determined markings relevant to
25 the classification of the computer game and
relevant consumer advice, if any, are
displayed on the device used for playing the
game.
Penalty: in the case of a natural person,
30 20 penalty units;
in the case of a body corporate,
50 penalty units.
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
s. 12
Act No.
(3B) If two or more computer games are available
for playing on a device referred to in
sub-section (3A), the determined markings
and consumer advice to be displayed on the
5 device are those relevant to the computer
game with the highest classification under
the Commonwealth Act.".
(2) In section 40 of the Principal Act, for
sub-section (4) substitute--
10 "(4) If--
(a) a computer game is reclassified under
section 39 of the Commonwealth Act;
or
(b) the Board revokes a classification or
15 consumer advice for a computer game
under section 22B(3) of that Act--
display of the determined markings and
consumer advice applicable to the computer
game before that reclassification or
20 revocation is sufficient compliance with this
section for a period of 14 days after the
decision to reclassify or revoke takes
effect.".
12. Advertisements
25 (1) In section 46 of the Principal Act, after
paragraph (b) insert--
"(ba) if the advertisement was approved under
section 29 of the Commonwealth Act and the
approval is revoked under section 13(5) or
30 21A of that Act; or".
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(Enforcement) (Amendment) Act 2001
s. 12
Act No.
(2) In section 52 of the Principal Act, for sub-
section (2) substitute--
"(2) If--
(a) a film, publication or computer game is
5 reclassified under section 39 or 97A of
the Commonwealth Act; or
(b) the Board revokes a classification or
consumer advice for a film, publication
or computer game under section 22B(3)
10 of that Act--
display of the determined markings and
consumer advice applicable to the film,
publication or computer game before that
reclassification or revocation is sufficient
15 compliance with sub-section (1) for a period
of 14 days after the decision to reclassify or
revoke takes effect.".
(3) In section 53 of the Principal Act, for
sub-section (3) substitute--
20 "(3) If--
(a) a film, publication or computer game is
reclassified under section 39 or 97A of
the Commonwealth Act; or
(b) the Board revokes a classification for a
25 film, publication or computer game
under section 22B(3) of that Act--
publication of the determined markings
applicable to the film, publication or
computer game before that reclassification or
30 revocation is sufficient compliance with
sub-section (2) for a period of 14 days after
the decision to reclassify or revoke takes
effect.".
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
s. 13
Act No.
13. New section 60A inserted
After section 60 of the Principal Act insert--
"60A. Calling in films for classification
(1) If--
5 (a) the Director has reasonable grounds to
believe that an unclassified film is not
an exempt film; and
(b) the film is being published in Victoria,
or the Director has reasonable grounds
10 to believe that it will be published in
Victoria--
the Director may, by notice in writing given
to the publisher of the film, require the
publisher to submit an application for
15 classification of the film.
(2) The Director must cause notice of a decision
under sub-section (1) to be published in the
Commonwealth Gazette.
(3) A person to whom a notice under this section
20 is given must, within 3 business days after
receiving the notice, comply with the notice.
Penalty: 100 penalty units.
(4) It is a defence to a prosecution for an offence
against sub-section (3) to prove that the
25 defendant did not intend--
(a) to publish the film in Victoria; or
(b) to cause, authorise, permit or license
the film to be published in Victoria.".
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
s. 14
Act No.
14. Calling in computer games for classification
(1) In section 61 of the Principal Act, after
sub-section (1) insert--
"(1A) If--
5 (a) the Director has reasonable grounds to
believe that an unclassified computer
game is not an exempt computer game;
and
(b) the computer game is being published
10 in Victoria, or the Director has
reasonable grounds to believe that it
will be published in Victoria--
the Director may, by notice in writing given
to the publisher of the computer game,
15 require the publisher to submit an application
for classification of the computer game.".
(2) In section 61(2) of the Principal Act, after "(1)"
insert "or (1A)".
15. New sections 62A and 62B inserted
20 After section 62 of the Principal Act insert--
"62A. Calling in a publication, film or computer
game for reclassification
(1) If--
(a) the Board proposes to reclassify a
25 publication, film or computer game
under section 39 of the Commonwealth
Act; and
(b) the publisher of the publication, film or
computer game resides in Victoria or
30 has an office in Victoria--
the Director may, by notice in writing given
to the publisher, require the publisher to
submit a copy of the publication, film or
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(Enforcement) (Amendment) Act 2001
s. 15
Act No.
computer game for the purpose of
reclassifying it.
(2) A person to whom a notice under this section
is given must, within 3 business days after
5 receiving the notice, comply with the notice.
Penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence
against sub-section (2) to prove that the
defendant did not have a copy of the
10 publication, film or computer game.
62B. Obtaining copies for review
(1) If--
(a) an application is made for a review of a
classification decision under the
15 Commonwealth Act by a person who is
not the original applicant for
classification of the publication, film or
computer game concerned; and
(b) the Board or the Review Board does
20 not have a copy of the publication, film
or computer game and a copy is not
available to it; and
(c) the original applicant or the publisher
of the publication, film or computer
25 game resides in Victoria or has an
office in Victoria--
the Director may, by notice in writing given
to the original applicant or publisher, require
the original applicant or publisher to make a
30 copy of the publication, film or computer
game available for the purpose of the review.
(2) A person to whom a notice under this section
is given must, within 3 business days after
receiving the notice, comply with the notice.
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(Enforcement) (Amendment) Act 2001
s. 16
Act No.
Penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence
against sub-section (2) to prove that the
defendant did not have a copy of the
5 publication, film or computer game.".
16. New section 57A inserted
After section 57 of the Principal Act insert--
"57A. Publication or transmission of child
pornography
10 A person who knowingly uses an on-line
information service to publish or transmit, or
make available for transmission,
objectionable material that describes or
depicts a person who is, or looks like, a
15 minor under 16 engaging in sexual activity
or depicted in an indecent sexual manner or
context is guilty of an indictable offence and
liable to a term of imprisonment not
exceeding 10 years.".
20 17. New section 87B inserted
After section 87A of the Principal Act insert--
"87B. Transitional provisions (2001 amendments)
Section 57A, as inserted by section 16 of the
Classification (Publications, Films and
25 Computer Games) (Enforcement)
(Amendment) Act 2001, applies only to a
use of an on-line information service on or
after the commencement of section 16 of that
Act.".
30 18. Amendment of section 87B
At the end of section 87B of the Principal Act
insert--
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(Enforcement) (Amendment) Act 2001
s. 18
Act No.
"(2) Section 40(3A) and (3B), as inserted by
section 11(1) of the Classification
(Publications, Films and Computer
Games) (Enforcement) (Amendment) Act
5 2001, applies to a computer game whether
published before or after the commencement
of section 11(1) of that Act.
(3) Sections 62A and 62B, as inserted by
section 15 of the Classification
10 (Publications, Films and Computer
Games) (Enforcement) (Amendment) Act
2001, apply to a publication, film or
computer game whether published before or
after the commencement of section 15 of that
15 Act.
(4) An amendment of this Act made by any
other provision of the Classification
(Publications, Films and Computer
Games) (Enforcement) (Amendment) Act
20 2001 only applies to--
(a) a publication, film or computer game
first published on or after the
commencement of that provision; or
(b) a publication, film or computer game
25 for which an application for
classification is made on or after that
commencement.".
_______________
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
s. 19
Act No.
PART 3--AMENDMENT OF OTHER ACTS
19. Amendment of Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989, after clause 39 insert--
5 "40. Publication or transmission of child
pornography
Offences under section 57A of the
Classification (Publications, Films and
Computer Games) (Enforcement) Act
10 1995.".
20. Amendment of Crimes Act 1958
(1) At the end of section 68 of the Crimes Act 1958
insert--
"(2) Nothing in sub-section (1) makes it an
15 offence for--
(a) any member or officer of a law
enforcement agency; or
(b) a person authorised in writing by the
Chief Commissioner of Police assisting
20 a member or officer; or
(c) a person belonging to a class of persons
authorised in writing by the Chief
Commissioner of Police assisting a
member or officer--
25 to print or otherwise make or produce child
pornography in the exercise or performance
of a power, function or duty conferred or
imposed on the member or officer by or
under this or any other Act or at common
30 law.".
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(Enforcement) (Amendment) Act 2001
s. 20
Act No.
(2) In section 70 of the Crimes Act 1958, for sub-
section (4) substitute--
"(4) Nothing in this section makes it an offence
for--
5 (a) any member or officer of a law
enforcement agency; or
(b) a person authorised in writing by the
Chief Commissioner of Police assisting
such a member or officer; or
10 (c) a person belonging to a class of persons
authorised in writing by the Chief
Commissioner of Police assisting such
a member or officer--
to have child pornography in his or her
15 possession in the exercise or performance of
a power, function or duty conferred or
imposed on the member or officer by or
under this or any other Act or at common
law.".
20
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Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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