Victorian Consolidated Legislation

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995

No. 90 of 1995
Version incorporating amendments as at 15 March 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Exhibition of film
   5.      Application of Act
   5A.     Films consisting only of classified films

   PART 2-FILMS

           Division 1-Exhibition of films

   6.      Exhibition of film in public place
   7.      Display of notice about classifications
   8.      Exhibition of RC and X 18+ films
   9.      Exhibition of unclassified, RC, X 18+, R 18+ and MA 15+
           films
   10.     Attendance of minor at certain films-offence by parents etc.
   11.     Attendance of minor at certain films-offence by minor
   12.     Private exhibition of certain films in presence of a minor
   13.     Attendance of minor at R 18+ film-offence by exhibitor
   14.     Attendance of minor at MA 15+ film-offence by exhibitor

           Division 2-Sale of films

   15.     Unclassified, RC and X 18+ films
   16.     Classified films
   17.     Display of notice about classifications
   18.     Films to bear determined markings and consumer advice
   19.     Keeping unclassified, RC or X 18+ films with other films
   20.     Sale or delivery of certain films to minors

           Division 3-Miscellaneous

   21.     Power to demand name, age and address
   22.     Leaving films in certain places
   23.     Possession or copying of film for the purpose of sale or exhibition
   23A.    Possession or copying of commercial quantity of RC or X 18+ films
   24.     Making objectionable film

   PART 3-PUBLICATIONS

   25.     Sale of unclassified or RC publications
   26.     Category 1 restricted publications
   27.     Category 2 restricted publications
   27A.    Sale or delivery of publications contrary to conditions
   27B.    Consumer advice for Unrestricted publications
   28.     Misleading or deceptive markings
   29.     Sale of restricted publications to minors
   30.     Leaving publications in certain places
   31.     Possession or copying of publication for the purpose of publishing
   32.     Producing objectionable publications
   33.     Display of certain parts of publications and advertisements

   PART 4-COMPUTER GAMES

   34.     Sale or demonstration of computer game
   35.     Display of notice about classifications
   36.     Unclassified and RC computer games
   37.     MA 15+ computer games
   38.     Demonstration of unclassified, RC and MA 15+ computer
           games
   39.     Private demonstration of RC computer games in presence
           of a minor
   40.     Computer games to bear determined markings and consumer advice
   41.     Keeping unclassified or RC computer games with other
           computer games
   42.     Sale or delivery of certain computer games to minors
   43.     Power to demand name, age and address
   44.     Leaving computer games in certain places
   45.     Possession or copying of computer game for the purpose
           of sale or demonstration
   45A.    Possession or copying of commercial quantity of RC computer games

   PART 5-ADVERTISEMENTS

   46.     Certain advertisements not to be published
   47.     Certain films, publications and computer games not to be advertised
   48.     Screening of advertisements with feature films
   49.     Liability for certain advertisements
   50.     Sale of feature films with advertisements
   51.     Advertisements with computer games
   52.     Advertisement to contain determined markings and consumer advice
   53.     Misleading or deceptive advertisements
   54.     Advertisements for Category 2 restricted publications
   55.     Classification symbols etc. to be published with advertisements

   PART 6-ON-LINE INFORMATION SERVICES

   56.     Definitions
   57.     Publication or transmission of objectionable material
   57A.    Publication or transmission of child pornography
   58.     Publication or transmission of certain material to minors
   59.     Advertising of objectionable material etc.

   PART 7-CALL-IN PROVISIONS

   60.     Calling in submittable publications for classification
   60A.    Calling in films for classification
   61.     Calling in computer games for classification
   62.     Calling in advertisements
   62A.    Calling in a publication, film or computer game for reclassification
   62B.    Obtaining copies for review

   PART 8-EXEMPTIONS

   63.     Exemption of film, publication, computer game or
           advertisement
   64.     Exemption of approved organisation
   65.     Ministerial directions or guidelines
   66.     Approval of organisation in relation to event
   66A.    Approval of organisation in relation to activities or functions
   67.     Application by approved organisation for exemption

   PART 9-ENFORCEMENT

   68.     Interpretation
   69.     Entry, search and seizure
   70.     Informed consent
   71.     Search warrant
   72.     Announcement before entry
   73.     Details of warrant to be given to occupier
   74.     Seizure of things not mentioned in warrant
   75.     Forfeiture
   75A.    Forfeiture-commercial quantity etc.

   PART 10-GENERAL

   76.     Restricted publications area-construction and management
   77.     Restricted publications area-offences
   78.     Evidence
   79.     Commencement of prosecution for an offence
   80.     Proceeding against body corporate
   81.     Employees and agents
   82.     Costs
   83.     Publication to prescribed person or body
   84.     Regulations

   PART 11-REPEALS, CONSEQUENTIAL AMENDMENTS
   AND TRANSITIONAL PROVISIONS

   85.     Repeal
   86.     Consequential amendment
   87.     Transitional and saving provisions
   87A.    Transitional provisions (1998 amendments)
   87B.    Transitional provisions (2001 amendments)
   87C.    Definition (2005 amendments)
   87D.    Films and computer games classified before 2005 amendments
   87E.    Offences committed before 2005 amendments
   87F.    Other transitional provisions (2005 amendments)

   PART 12-AMENDMENT OF THE CRIMES ACT

   88.     Insertion of new Subdivision 13.
           (13) Child Pornography
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           SCHEDULE-Restricted Publications Area
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details